HomeMy WebLinkAboutC-7929-1 - Street Pavement Repair Program100 Civic Center Drive
Newport Beach, California 92660
949-6,14-3005 1 949 6443039rax
ndwo,Irtbeachce. Ac,
August 24, 2022
Palp, Inc. dba Excel Paving Company
Attn: Louis Flores
2230 Lemon Avenue
Long Beach, CA 90806
Subject: Street Pavement Repair Program — C-7929-1
Dear Mr. Flores:
On August 24, 2021, the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to release
the Labor & Materials Bond 65 days after the Notice of Completion had been recorded
in accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
August 25, 2021, Reference No. 2021000533497. The Surety for the contract is Federal
Insurance Company and the bond number is K40144675. Enclosed is the Faithful
Performance Bond.
Sincerely,
Aa�NN--- -
LeilanI. Brown, MMC
City Clerk
Enclosure
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. K4o144675
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,782.00 , being at the
rate of $ Varies thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to PALP,
INC. doing business as ("DBA") EXCEL PAVING COMPANY hereinafter designated as
the "Principal," a contract for: Distribute construction notices to affected businesses and
residents; Provide traffic control plans for all work locations and stamped plans for
MacArthur Boulevard and East Coast Highway; Establish traffic control for construction;
Implement BMP plan; Sawcut pavement repair areas on MacArthur Boulevard; Coldmill
existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete
roads; Lower and adjust manholes, and remove and install new water valve boxes and
survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping,
traffic signs, pavement markings and raised pavement markers; Coordinate with outside
utility owners to have their facilities repaired and raised to grade; Other incidental items
as required by Plans and Specifications; and provide As -built drawings, in the City of
Newport Beach, in strict conformity with the Contract on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and Tederal Insurance Comoanv
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three
Hundred Twenty Three Thousand Nine Hundred Thirty Eight Dollars ($323,938.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
Palp, Inc. dba Excel Paving Company Page B-1
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees; incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 12th day of February ,20zi_.
PALP Inc. dba Excel Paving Company
Name of Contractor (Principal)
Federal Insurance Comoany__-___
Name of Surety
202B Halls Mill Road
Whitehouse Static, NJ 08889___
Address of Surety
908-903-3485
relephone
f'
uthorized Signature/Title
Curtis P. Brown, III, President
i
i
Authoriz Agent Signature
Doualas A. Rapp Attorney in Fact
Print Name and Title
Palp, Inc. dba Excel Paving Company Page B-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:= f i
i
By:A/ar6n n C. Harp �q:d--
City Attorney (.e -
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Palp, Inc. dba Excel Paving Company Page B-3
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles }
On
before me, R. Covington, Notary Public
ere n2 nema en eo Meoelaaq
personally appeared Curtis P. Brown III
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/axe subscribed to the within instrument and acknowledged to me that
he/*41A1Wy executed the same in his/Wit authorized capacity(ies), and that by
his/benitbadr signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
•.....!., R. COVINGTON
WITNESS my hand and official seal. in COMM.#2339692 m
?, Notary Public -California C
LOS ANGELES COUNTY LL
j
Z y , -4 - My Comm. Ezpltes Dee A. 2024 it
i v1
Notary Public Signature (Notary Public seal)
UY I IUNAL INh'UKMA I
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
or description of attached document continued)
of Pages __ Document pate_ _
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
XX Corporate Officer
President
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other _
7015 Version w w Nnleryclasses. corn 500-87a-gS65
INSTRUCTIONS FOR COMPLETING THIS FORM
ON TMsformcomplies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Ackwivicagrienis
,from other states may be completed for does ents being sent to that state so long
as the wording does not require the California notary to violate California notaty
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signcr(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma mid then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by creasing off ii coaect forms (i.e.
Widichheyr is /are) or circling the correct forms. Failure to corectly indicate this
tribulation may lead to rejection of document recording.
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Impression must not cover text or lines, If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public most match the signature on file with the office of
the county clerk.
h Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
4 Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e, CEO, CFO, Secretary),
• Securely attach this document to tie signed document with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On
February 12, 2021
before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(&) whose name* is/are
subscribed to the within instrument and acknowledged to me that he/sNak4ey executed the same in
his/`Aauthorized capacityfie&), and that by his*efAheir signature(s) on the instrument the
person(&), or the entity upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature U9J.�.ti�Zs_yv ` t
x���r"� DEBRASWANSON
w ���
CO
'_ COMM, # 2335630
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g NOTARY PUBUC•CAUFORNIA �
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ORANGE COUNTY
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MYCOMM.EXP.NOV10,101�
(Seal)
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Warren, NJ 07059
ns.aa� tY Company Pa Y
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby Constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, Cadornia---------•-----------�
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Wanes Whereof, avid FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011.
Kenneth G. Wendel, Assistant Secretary Uauid'e. Nemsrn ea /
STATE OF NEW JERSEY
County of Somerset ss.
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and my that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Name, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By.
Lem and in deponenCs presence.
.Notarial Seal KATHERINE J. ADELAAR
NOTARY PUBLIC 16 NEW JFRSFI
F �OZPAP tun, 2316655
PUb���te' Cotnmallon EapvesJuly Ib, 2014
g Notary Pudic
A1hyJEQ
CERTIFICATION
Extract from the By- laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary a an Assistant Secretary, under their respective designatons. The
signature of Such omcers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of attorney or cartihcate bearing such facalmlle signature or facalmne seal shall be valid and binding
upon the Company and any such power so executed and carolled by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached. -
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the'Companles' do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies is true and correct,
(il) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; fuller, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true. correct and in full face and effect.
Given under my hand and seals of said Companies at Warren. NJ this 12th day of February, 2021
Kenneth C. We el, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656.
e-mail: suretyAchubb com
Form 15-10- 0225B- U (Ed. 5- 03) CONSENT
November 1, 2021
Palp, Inc. dba Excel Paving Company
Attn: Louis Flores
2230 Lemon Ave.
Long Beach, CA 90806
Subject: Street Pavement Repair Program - C-7929-1
Dear Mr. Flores:
100 Civlc Center Drive
Newport Beach, California 92660
9.19-644-3005 1 949-644-3039Fnx
newportbeachca.gov
On August 24, 2021 the City Council of Newport Beach accepted the work for the subject
project and authorized the City Clerk to File a Notice of Completion, to release the Labor
& Materials Bond 65 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code, and to release the Faithful
Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
August 25, 2021, Reference No. 2021000533497. The Surety for the bond is Federal
Insurance Company and the bond number is K40144675. Enclosed is the Labor &
Materials Payment Bond.
Sincerely,
Leilani 1. Brown, MMC
City Clerk
Enclosure
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. K4o144675
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to PALP,
INC. doing business as ("DBA") EXCEL PAVING COMPANY hereinafter designated as
the "Principal," a contract for: Distribute construction notices to affected businesses and
residents; Provide traffic control plans for all work locations and stamped plans for
MacArthur Boulevard and East Coast Highway; Establish traffic control for construction;
Implement BMP plan; Sawcut pavement repair areas on MacArthur Boulevard; Coldmill
existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete
roads; Lower and adjust manholes, and remove and install new water valve boxes and
survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping,
traffic signs, pavement markings and raised pavement markers; Coordinate with outside
utility owners to have their facilities repaired and raised to grade; Other incidental items
as required by Plans and Specifications; and provide As -built drawings, in the City of
Newport Beach, in strict conformity with the Contract on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
Federal Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Twenty Three Thousand Nine Hundred Thirty Eight Dollars ($323,938.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the Contract;
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
Palp, Inc. dba Excel Paving Company Page A-1
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 12th day of February 2021 .
PALP Inc dba Excel Pavina Company._
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety T
202B Halls Mill Road
Whitehouse Station NJ 08889
Address of Surety
908-903-3485
Telephone
s
Authorized Signature/Title
Curtis P. Brown, III, President
Authorized Agent Signature
Douglas A. Rapp Attorney in Fact _
Print Name and Title
Palp, Inc. dba Excel Paving Company Page A-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
.,"
Aardn C. City Attor ey P
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Palp, Inc. dba Excel Paving Company Page A-3
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles _
On -2-t Z-t,I
before me, R. Covington, Notary Public
era ase name e e o e icer
personally appeared Curtis P. Brown III
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/axe subscribed to the within instrument and acknowledged to me that
he/sbu[" executed the same in his/Fmk( it authorized capacity(ies), and that by
his/heal( *r signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official deal.
OPTIONAL
OF THE ATTACHED DOCUMENT
Qitle or description of attached document)
(Title or description of attached document continued)
of Pages J, Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
}K( Cor orate Officer
President
rte ��—
❑ Partner(s)
1.7 Attorney -in -Fact
❑ Trustee(s)
l—I Other
'2016 Version www .Nnlaryc.lmsses.:om 800 8/3-11865
R. COVINGTON
a COMM. #2339692
C Notary PublicCabtomla
a LOS ANGELES COUNTY a
My Comm. Expires Dec 8, 2024
(Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
Tbisform complies with current California statutes regarding notary wording and,
ifneeded, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate Caltfornta rotary
law.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same dale the acknowledgment is completed.
• The notary public must print his or her time as it appears within his or her
commission followed by a comma acrd then your title (notary public).
• Print the attracts) of document signer(s) who personally appear at the time of
notarization,
• Indicate the correct singular or plural forms by emssing off incorrect forms (i.e.
he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal Impression most be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -heal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signamm on file with the office of
the county clerk.
+ Additional information is not required bur could help to waame flus
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity ix a
corporate officer, indicate time title (i.e. CEO, CFO, Secretary).
• Secrn'cly attach this dncnment to die signed document with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 12, 2021 before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(a) is/are
subscribed to the within instrument and acknowledged to me that he/&heA" executed the same in
his/4eAl"-ir authorized capacity#ee), and that by his'MwAhei; signature(a) on the instrument the
person(M, or the entity upon behalf of which the person(*) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
NSON
WITNESS my hand and official seal. w .e; �,r"F� COMM.# 23356
� MM. fF 2335630 X
W .,y NOTARY PUBLIC•CAUFORNA
ORANGE COUNTY "
�, MY COMM. EXP. NOV 10, 2024
Signature 41��,,,,. ��C•.. ..may ` (Seal)
Chubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY
Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, CaINOrnia------------------
each as their true and lawful Attorney- In- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Wlfneee Whereof. sad FEDERAL INSURANCE COMPANY, VIBILAUT INSL
these presents and affixed their corporate seals on this 16th day of
Kenneth C. Wends ,Assistant Secretary
STATE OF NEW JERSEY
County of Somerset ss.
iNY, and PACIFIC INDEMNITY COMPANY have each executed and attested
2011.
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duty swom, did depose and trey that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by aufhonty of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Nome, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Noris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponent's presence.
Notarial Seal KATHERINE J. ADELAAR
NOTARY PUBLIC OF NEW 1FRSF)i�CD
No, 2316685�Dn &Or" July 16,2014 Notary Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their resPectlwe designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following offimm: Chairman, President, any Vice President. any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in. Fact for purposes only of executing and attesting bonds and undertakings and other
wining$ obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and*cam0ed by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached."
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the'Companles7 do hereby certify that
(i) the foregoing extract of the By. Laws of the Companies Is two and cored.
(it) the Companies are duty licensed and authorized to transact surety business in 311 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Departmerd; fuller, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is We, correct and in full force and effect.
Given under my hand and seals of said Companies at Waren, NJ this 12th day of February, 2021
STT
Kenneth C. W , stiltiel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTEDsABOVE, O B cc Telephone (908) 903- 3493 Fax (906) 903- 3656
Form 15 -10 -0225R -II (Ed. 5-03) CONSENT
Batch 11483771 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page l of 5
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II1111I1111111111111111111111111111Ill 11111111111111111111111111 NO FEE
•$ R 0 0 1 3 1 1 0 4 0 0$+
2021000533497 9:52 am 08125121
90 RW9A N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and PALP, Inc. (DBA) Excel Paving
Company, Long Beach, California, as Contractor, entered into a Contract on January 12,
2021. Said Contract set forth certain improvements, as follows:
Street Pavement Repair Program - C-7929-1
Work on said Contract was completed, and was found to be acceptable on
August 24, 2021, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Federal Insurance Company.
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and Correct to the best of my
knowledge.
Executed on at Newport Beach, California.
https://gs.secure-recording.com/Batch/Confirmation/1 1483771 08/3 5/2031
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and PALP, Inc. (DBA) Excel Paving
Company, Long Beach, California, as Contractor, entered into a Contract on January 12,
2021. Said Contract set forth certain improvements, as follows:
Street Pavement Repair Program - C-7929-1
Work on said Contract was completed, and was found to be acceptable on
August 24, 2021, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Federal Insurance Company.
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on/� V�o2l at Newport Beach
NEWp0
BY c� O�%r�
City Clerk
California.
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 3rd day of December, 2020,
at which time such bids shall be opened and read for
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
$470,000
Engineer's Estimate
Approved by
James M. Houlihan
eputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078
Hard copy plans are available via
Mouse Graphics at (949) 548-5571
659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project: "A"
For further information, call Ben Davis, Project Manager at (949) 644-3317
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps-
vendor-registration
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
TABLE OF CONTENTS
NOTICEINVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S) ................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT................................................................................ ...... 22
............................
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR -1
SPECIALPROVISIONS............................................................................................ SP -1
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
3
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall fumish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each parry shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been review
STATE LIC# 688659
Contractor's License No. & Classification A Aorized Signature/Title
Curtis P. Brown III President
DIR Registration Number & Expiration Date
PALP, INC DBA
Bidder
k,
7
7011 —
D46'
w&Z
ontract NCri,�9 9-1
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of T, en,-ercent of the total amount of the bid
- Dollars ($ ,, 10%0 ), to be paid and forfeited to the City of
Newport Beach if the bld proposal of the undersigned Principal for the construction of STREET
PAVEMENT REPAIR PROGRAM, Contract No. 79.29-1 in the City of Newport Beach, is accepted
by the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to execute the Contract Documents in the form($) prescribed,
including the required bonds, and original insurance certificates and endorsements for the
construction of the project within thirty (30) calendar days after the date of the mailing of
"Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Band as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this, 16th
...................
PALP Inc. dba Excel Paying_Company.
Name of Contractor (Principal)
Federal Insurance Company,,,,,
Name of Surety
2028 Halls Mill Road
Address of Surety _
908-903-3485
Telephone
,.day of,...,November , 2020.
Authorized Signature/Title
u is P. Brown, III, President
Au rite �geftnature
Dougla"s A. Rapp,„q ngy.in Fact
Print
Print and Title
(Notary acknowledgment of Princligal & Suretvmust be attached)
N
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On November 16, 2020 before me, Debra Swanson, Notary Public -
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(e•) is/are
subscribed to the within instrument and acknowledged to me that he/elge� executed the same in
his/� authorized capacity(t ), and that by hisMeFi4Heit signature(* on the instrument the
person(, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
w� nF "tie DEBRA SVVANSON
WITNESS my hand and official seal. �' COMM. # 2335630
Cn 3 m
_: tt� NOTARY PUBLIC -CALIF
x ���aT�� ' ORANGE COUNTY N
°^ "` MY CORiM. EXP. hOV 10, 2024
Signaturejaj),:�— (Seal)
IcChubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ---------------- -______— ------- e__ ------ o_--_-_
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011.
Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President
STATE OF NEW JERSEY
County of Somerset ss.
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attomey as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponents presence.
.Notarial Seal ASF KATHERINE 1. ADELAAR
NOTARY PUBLIC OF NEW JFRSFI �eo
Nr.2316685
� 8�-��' Comflill' ion Expires July 16, 2014
PU n� Notary Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'AIL powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companles' do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies Is true and correct,
(it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seats of said Companies at Warren, NJ this 16th day of November, 2020
�otAN� • r� .� ,�, fw �w•�
Kenneth C. Weigel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: suretyachubb.com
Form 15-10- 02256- U (Ed. 5- 03) CONSENT
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles }ss.
On NOV d 0 7070 20 before me, C. Phillips, Notary Public
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct., .
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
C. PHILLIPS
COMM, #21.709.77 M
Notary Public California �
'
LOS ANGELES COUNTY u.
"a
My Comm, Expires Oct 29, 2020
(seal)
County of _ )SS.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
:
(seal)
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
PALR1NC OBA
EXCEL PAVING COMPANY
Bidder �
A iclhorized Signature/Title CUMS P. Brown III
fiident
E
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
PALP, INC DBA
Bidder's Name EXCEL PAVING COMPANY
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $120,000, provide the following information:
No. 1
Project Name/Number 65010
Project Description UA+yfyA �LV6 VU1 D&A
Approximate Construction Dates: From ID _To: A'L0W__
Agency Name lAf) :(�Jj(:IUlA, 060
Contact Person tjl- 4AW4eJA Telephone (2)10)
vv
Original Contract Amount $ I��Finial Contract Amount $ long
If final amount is different from original, please explain (change orders, extra work, etc.)
t li10 99414tH
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor'? If yes, briefly explain and indicate outcome of claims.
10
No. 2
Project Name/Number
Project Description;_,_{ T�Gt"V1((ZA
Approximate Construction Dates: From 01 1AII To:— 01 � 1416
Agency Name ()6 ?2W haY\t!
Contact Person %� w �' Z&jj Telephone (06) U6 3q b -
Original Contract Amount $11010
Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
,�Jo A)0 /JNA
No. 3
Project Name/Number
Project Description Uov'w YLt't'4Jo r
Approximate Construction- Dates: From TO: 121 � a
Agency Name
Contact Person rte.—i'1 NtA-I.ATelephone elf) OL)i 07,4
Original Contract Amount $'L11J Final Contract Amount
If final amount is,different from, original, please explain (change orders, extra work, etc,)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
00 t) o . A- 1
11
No. 4
Project Name/Number 61';o
Project Description �j� 1� _ !'y U-7/0
Approximate Construction Dates: From IS 120 To: ,- ►S �'��)
Agency Namep Sah V�O.A_
Contact Person t anAA \fa tv giL11 Telephone
Original Contract Amount $1J-J�F nal Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
(,L1�Ar
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N�0 --- ��-1A N
No. 5
Project Name/Number _ rJ 133
Project Description �a� �r PAW,/0W( k4c4
Approximate Construction Dates: From ¢�'LDJ U To: U1611,
Agency Name cel o kn l ,iii e -
Contact Person Llaj2� VGt.�f 11 -til Telephone (q4� �( (0(92._
Original Contract Amount $ (����� Final Contract Amount $ I C�1?,Oly
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
againstyou/Contractor? If yes, briefly explain and indicate outcome of claims.
0 oyA
141
12
No. 6
Project Name/Number 5lp►� II 1 ,
Project Description MfAy,0 Unu. VVAa�
Approximate Construction Dates: From �_* To: I to
Agency Name &AL) lL kiAp
Contact Person `�" 0,0n& SFJ- L Telephone (°!1A 820 2-531
Original Contract Amount $W6 65�2Final Contract Amount $ t Otos 3i0
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Nin �J0 P1A,
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
PALL, INC DBA
EXCEL PAVING COMPANY
Bidder Ayfliorized Signature/Title
/ Curtis P. Brown III
President
13
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
NON -COLLUSION AFFIDAVIT
State of California )
County of Los Angele ss,
Curtis P. Brown III , beingfirsPt�IF 1�'dX7 d sa
President EX &L AVS V ��i�1F', ys that he or she is
of ,the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested In the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under enalty of erjury of the laws of the State of Ifornia that the foregoing is true and correct.
PAY INC 013 Curtis P. Brown III
EXCEL � L
Bidder horized Signature/Title President
Subscribed and swom to (or affirmed) before me on this day of DEC - 3 2020 , 2020
by Curtis P Brown III President , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Notary Public
[SEAL]
C. PHILLIPS
W \` COMM. 02170177 w
Notary Public -California
LOS ANGELES COUNTY c
My Comm. Expires Oct 29, 2020 �
14
My Commission Expires:
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
DESIGNATION OF SURETIES
PALL, INC DBA
Bidder's name EXCEL PAVING COMPANY
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
k"-�tY'c - kyy,Cg
uO OID
15
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name PALP, INC DBA
EXCEL PAVING COMPANY
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries arid Illnesses, OSHA No. 102.
16
Current
Record
Record
I Record
Record
Record
Year of
for
for
for
for
for
Record
2019
2018
2017
2016
2015
Total
2020
No. of contracts
ArAr
i-
q
Total dollar
Amount of
Contracts (in
n�1 SS-�
A
,'�(pn�
�1
6 1'' l�
�y
Thousands of $)
No. of fatalities
D
D
D
D
No. of lost
Workday Cases
O
,
3
,
5
13
No. of lost
workday cases
involving
permanent
D
tJ
0
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries arid Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder
Business Address:
Business Tel. No.:
State Contractor's License No. and
Classification:
Title
PALR, INC D13A EXCEL PAVING
2��n , n„F
LONG 136-AGH, GA 99bG6
-.562;-599-5841
STATE LIC# 688659
A C;12 Ca -L.
above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Q9—% - V, ---
u s
Title MARCIA S. MILLER, CORP. SECRETARY
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
(NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On DEC _ 3 Y070 before me, C. Phillips Notary Public,
(Here insertname and title of the officer)
personally appeared Curtis P. Brown and Marcia S. Miller
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Id/are subscribed to
the within instrument and acknowledged to me that Xe/s,*/they executed the same in 1*/l*/their authorized
capacity(ies), and that by h)6*r/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
`!E� C, PHILLIPS
WITNESS my hand and official seal, COMM,za�o177 0
0�;:', . ' t to
Notary Public -California X
LOS ANGELES COUNTY
A_ My Comm. fxplres Oct 29, 2020
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
--
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLADAED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer), Please check the
document carefully for proper notarial wording and attach this farm if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural farms by crossing off incorrect forms (i.e.
he/she/they is /ere) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
ilp Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service, Inc. — All Rights Reserved www.TheProLink.com —Nationwide Notary Service
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
ACKNOWLEDGEMENT OF ADDENDA
PALP, INC DBA
Bidder's name EXCEL PAVING COMPANY
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents: alp P&9 -
Addendum No. I Date Received 1 4 ,Sianature
18
urtis P. Brown III
resident
Curtis P. Brown III
President
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: PALP, INC DDA EXCEL PAVING
?2 70 LEMON AVE
Business Address: LONG UFACf-i, C;A 9080o
Telephone and Fax Number: 562) 599-5841 FAX (562, S91.7o4
California State Contractor's License No. and Class: NATE LIC# 688659A—C1� rte, _
(REQUIRED AT TIME OF AWARD)
Original Date Issued:'m JACA Expiration Date: 52- W11,
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
_Lpoi s 7 I aM S Zi0eQ-T. rel G,✓ -
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
Q068 -P, IrGIAln AI Rreaid-slu and Chief E*eak 6404 Df#ieer
489 ' e""^N ^v^
David A. Drukker Vice President and Chief Financial Officer LONG BEACH, CA 90806 562) 599-5841
Marcus. Millet Ser.reta4
Crisse A. Phillips Asst. Secretary
Corporation organized under the laws of the State of
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner/agency? �f so, explain.
i,
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor co fiance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes No
I
Are any claims or actions unresolved or outstanding? Yes l0
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
PALP, INC DFA
EXCEL PAVING COMPANY
Bidder
Curtis P Brown Ill President
(Print name of Owner or President
of Corp ration/Company)
Au orized Signature/Title
Curtis P Brown III President
Title
DEC - 3 2020
Date
DEC a 3 2020 C. Phillips, Notary Public
On before me, ,Notary Public, personally appeared
C, Irtig P. Brovrm -. , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public i and for said State
My Commission Expires: AIM
COMM.
y '
#t2170177` M
R Notary Public -California X
LOS ANGELES COUNTY a
a
MY COMM. Explres Oct 29 2020�t
21
P.O. BOX 16405
EXCEL PAVING COMPANY LONG
BEACH, (5CA 0080&5195
62) 599-5841
A GENERAL ENGINEERING CONTRACTOR FAX (562) 591-7485
STATE LICENSE NO. 688659A
To whom is may concern,
Please see the attached Extended Notary Commissions Order N-71-20
Signed by Governor Newsom that extended the Notary Commissions that have recently
Expired but due to Covid 19 have not had many renewal classes available.
C. Phillips Notary now technically expires 4-29-2021
Thank You,
C.P.Brown
President
8/11/2020
Extended Notary Commissions - Notary Public Class
Extended Notary Commissions
On May 8, 2020, Governor Newsom signed Executive Order N-63-20 (https://www.gov.ca.gov/wp-
content/uploads/2020/05/5.7.20-EO-N-63-20-pdf) (see paragraphs 6 and 7), extending commissions of notaries public for
a period of 60 days for any notary public whose commission term has expired since March 1, 2020 or whose commission is
set to expire over the next 60 days.
On June 30, 2020, Governor Newsom signed Executive Order N-71-20 (https://www.gov.ca.gov/wp-
content/uploads/2020/06/6.30.20-EO-N-71-20.pdf) extending the time frames in Executive Order N-63-20 an additional 120
days.
Notary public commission terms that expired anytime between March 1, 2020 and May 7, 2020, have been extended until
November 3, 2020.
Notary public commission terms that expired after May 7, 2020 through November 3, 2020, are extended for 180 days on a
rolling basis (i.e., someone whose commission expires on May 8, 2020, will have their commission extended until
November 4, 2020, and someone whose commission expires on November 3, 2020 will have their commission extended
until May 2, 2021).
This extension is valid provided the notary public whose commission term has been extended, maintains a valid surety
bond during the extension, and annotates on each notarial act the following statement: "The notary commission extended
pursuant to Executive Order N-63-20 "
BY NOTARY PUBLIC CLASS STAFF I JULY 17, 2020 I BECOME A NOTARY PUBLIC (HTTPS://NOTARYPUBLICCLASS.COM/CATEGORY/BECOMING-A-
NOTARY-PUBLIC/) I 0 COMMENTS I
f $+ G3 are km (mai lto:?subject=Extended Notary Commissions&body=htt� y �°i°2F%
https://notarypublicclass.com/extended-notary-commissions/ 2/9
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City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
STREET PAVEMENT REPAIR PROGRAM
CONTRACT NO. 7929-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 12th day
of January, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and PALP, INC. doing business
as ("DBA") EXCEL PAVING COMPANY, a California corporation ("Contractor"), whose
address is 2230 Lemon Ave., Long Beach, CA 90806, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: Distribute
construction notices to affected businesses and residents; Provide traffic control
plans for all work locations and stamped plans for MacArthur Boulevard and East
Coast Highway; Establish traffic control for construction; Implement BMP plan;
Sawcut pavement repair areas on MacArthur Boulevard; Coldmill existing asphalt
concrete pavement, compact subgrade and reconstruct asphalt concrete roads;
Lower and adjust manholes, and remove and install new water valve boxes and
survey monuments; Install temporary painted traffic striping, thermoplastic traffic
striping, traffic signs, pavement markings and raised pavement markers;
Coordinate with outside utility owners to have their facilities repaired and raised to
grade; Other incidental items as required by Plans and Specifications; and provide
As -built drawings (the "Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 7929-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Three Hundred Twenty Three Thousand Nine Hundred
Thirty Eight Dollars ($323,938.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Louis Flores to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public
Works Director, or designee, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or designee shall
Palp, Inc. dba Excel Paving Company Page 2
represent City in all matters pertaining to the Work to be rendered pursuant to this
Contract.
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
Palp, Inc. dba Excel Paving Company Page 3
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Louis Flores
Palp, Inc. dba Excel Paving Company
2230 Lemon Ave.
Long Beach, CA 90806
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
Palp, Inc. dba Excel Paving Company Page 4
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Palp, Inc. dba Excel Paving Company Page 5
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
Palp, Inc. dba Excel Paving Company Page 6
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
Palp, Inc. dba Excel Paving Company Page 7
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
Palp, Inc. dba Excel Paving Company Page 8
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Palp, Inc. dba Excel Paving Company Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6 z,
By:
Aaron C. Harp
City Attorney
ATTEST: ?
Date:
By. J
ri�m—
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
We d very
CONTRACTOR: PALP, INC. doing
business as ("DBA") EXCEL PAVING
COMPANY, a California corporation
Date:
a
Signed in Counterpart
Curtis P. Brown III
Chief Executive Officer
Date:
By: Signed in Counterpart
Marcia S. Miller
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Palp, Inc. dba Excel Paving Company Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_ f U / riz
By:- C
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONTRACTOR: PALP, INC. doing
business as ("DBA") EXCEL PAVING
COMPANY, a California corporation
Date:
go
�ris P. Brown III
ief Executive Officer
Date: d0-` 5-'aVd (
By/ .r,G�
Marcia S. Milldr
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C - Insurance Requirements
Palp, Inc. dba Excel Paving Company Page 10
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On � � 7 'Zo before me, C. Phillips ,Notary Public,
(Here insert name and title of the officer)
personally appeared Curtis P. Brown III and Marcia S. Miller
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )d/are subscribed to
the within instrument and acknowledged to me that Wslk/they executed the same in 106/1Xr/their authorized
capacity(ies), and that by )is/ll�/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lie/she/they; is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
te Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C2004-2015 ProLink Signing Service, Inc. -All Rights Reserved mrw.TheProLink com -Nationwide Notary Service
C. PHILLIPS 1(
COMM. #2170177 M
Notary Public -California a
LOS ANGELES COUNTY a
(Notary Seal)
My
Comm. Expires Oct 29, 2020
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lie/she/they; is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
te Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
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EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. K40144675
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to PALP,
INC. doing business as ("DBA") EXCEL PAVING COMPANY hereinafter designated as
the "Principal," a contract for: Distribute construction notices to affected businesses and
residents; Provide traffic control plans for all work locations and stamped plans for
MacArthur Boulevard and East Coast Highway; Establish traffic control for construction;
Implement BMP plan; Sawcut pavement repair areas on MacArthur Boulevard; Coldmill
existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete
roads; Lower and adjust manholes, and remove and install new water valve boxes and
survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping,
traffic signs, pavement markings and raised pavement markers; Coordinate with outside
utility owners to have their facilities repaired and raised to grade; Other incidental items
as required by Plans and Specifications; and provide As -built drawings, in the City of
Newport Beach, in strict conformity with the Contract on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
Federal Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Twenty Three Thousand Nine Hundred Thirty Eight Dollars ($323,938.00)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the Contract;
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
Palp, Inc. dba Excel Paving Company Page A-1
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 12th day of February 2021 .
PALP Inc. dba Excel Pavina Company
Name of Contractor (Principal)
Federal Insurance Comfy
Name of Surety
202B Halls Mill Road
Whitehouse Station, NJ 08889
Address of Surety
908-903-3485
Telephone
/uAt;hoer�i�zed Signature/Title
. Brown, III, President
z Q �Q
Authoriz d Agent Signature
Douqlas A. Rapp, Attorney in Fact _
Print Name and Title s
Palp, Inc. dba Excel Paving Company Page A-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:.��
Y
aron C. Harp qac
City Attorney pa\
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Palp, Inc. dba Excel Paving Company Page A-3
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On before me, R. Covington, Notary Public ,
ere Insen name and title o e o icer
personally appeared Curtis P. Brown III ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/axe subscribed to the within instrument and acknowledged to me that
he/*g" executed the same in his/**ftir authorized capacity(ies), and that by
his/heti mdr signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official eal.
P-
Notarl Public Signature (Notary Public Seal)
R. COVINGTON
n COMM.#2339692 M
Notary Public -California
U. LOS ANGELES COUNTY a
My Comm. Expires Dec =
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
El Individual (s) he/she/they;-- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
;D( Corporate Officer • The notary seal impression must be clear and photographically reproducible.
President Impression must not cover text or lines. If seal impression smudges, re -seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 12, 2021
before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/&Fe
subscribed to the within instrument and acknowledged to me that he/etey executed the same in
his/4es44e authorized ca acit
p y{ieg), and that by hisHHeNt:hetr signature( on the instrument the
person(, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
A ry�pl OC s DEBRA SWANSON "
WITNESS my hand and official seal. COMM. # 2335630
NOTARY PUBLIC -CALIFORNIA
ORANGE ORANGE COUNTY C/)
MY COMM. EXP. NOV 10, 2024
Signature b3J�J\Zs �iy� (Seal)
1CChubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
®s
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California __----------- __------------- _________w.___.
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix !heir corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
Instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011.
Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President
STATE OF NEW JERSEY
County of Somerset ss.
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponent's presence.
.Notarial Seal J AOC KATHERINE J. ADELAAR
O�ARYI�v NOTARY PUBLIC OF NEW JFkSM
No -2316685
COMMWW 15111*es July i b, 2014
9 Notary Public
4'b11V JEQ'
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companies' do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies Is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 12th day of February, 2021
�i7rANT A �!W Yop�
Kenneth C. We el, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: suretyachubb.com
Form 15-10- 0225B- U (Ed. 5- 03) CONSENT
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. K40144675
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,782.00 , being at the
rate of $ Varies thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to PALP,
INC. doing business as ("DBA") EXCEL PAVING COMPANY hereinafter designated as
the "Principal," a contract for: Distribute construction notices to affected businesses and
residents; Provide traffic control plans for all work locations and stamped plans for
MacArthur Boulevard and East Coast Highway; Establish traffic control for construction;
Implement BMP plan; Sawcut pavement repair areas on MacArthur Boulevard; Coldmill
existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete
roads; Lower and adjust manholes, and remove and install new water valve boxes and
survey monuments; Install temporary painted traffic striping, thermoplastic traffic striping,
traffic signs, pavement markings and raised pavement markers; Coordinate with outside
utility owners to have their facilities repaired and raised to grade; Other incidental items
as required by Plans and Specifications; and provide As -built drawings, in the City of
Newport Beach, in strict conformity with the Contract on file with the office of the City
Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and _Federal Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three
Hundred Twenty Three Thousand Nine Hundred Thirty Eight Dollars ($323,938.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
Palp, Inc. dba Excel Paving Company Page B-1
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 12th day of February 12021.
PALP Inc. dba Excel Paving Company
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
202B Halls Mill Road
Whitehouse Station, NJ 08889
Address of Surety
908-903-3485
Telephone
5� -
uthorized �111,
e/ Title
Curtis P. Brosident
Authoriz6d Agent 8ignature
Douglas A. Rapp. Attorney in Fact
Print Name and Title
Palp, Inc. dba Excel Paving Company Page B-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2-
By: By: �-r--1
Ar6n C. Harp ba�ga`
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Palp, Inc. dba Excel Paving Company Page B-3
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles }
On a 1Z—%.
before me, R. Covington, Notary Public ,
ere insert name and title oi ine otriceTr
personally appeared Curtis P. Brown III
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/*g r executed the same in his/lj*5( it authorized capacity(ies), and that by
his/hexM)adr signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public Signature
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
X.➢( Cor orate Officer
resident
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
.••`.; �.!� R. COVINGTON
r, COMM. #2339692 M
_ Notary Public California
U. '� . LOS ANGELES COUNTY a
„o. • My Comm. Expires Dec 8, 2024
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they; is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 12, 2021
before me, Debra Swanson, Notary Public
(insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person() whose name(&) is/8-Fe
subscribed to the within instrument and acknowledged to me that he/44@4 y executed the same in
his/4&44& authorized capacity{t ), and that by his,'HeF4H@i signature() on the instrument the
person(, or the entity upon behalf of which the persons) acted, executed the instrument -
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
r
Signature Z 1,
<?`oF rtie DEBRA SWANSON
...�
N a COMM, # 2335630 X
nft ` a NOTARY PUBLIC -CALIFORNIA X
Y ` ,,;h ORANGE COUNTY
MY COMM, EXP. NOV 10, 2024
(Seal)
luChubb POWER Federal Insurance Company Attn: Surety Department
OF Vigilant insurance Company 15 Mountain View Road
Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California--____—____ — ------ .....
each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 16th day of December, 2011.
Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President
STATE OF NEW JERSEY
County of Somerset ss.
On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the
signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -
Laws and in deponent's presence.
.Notarial Seal ADF KATHERINE 1. ADEIAAR
NOTARY PUBLIC OF NEW JFkSFI
Ne,.2316685
Cofnmigion Expires July 16, 2014
Notary Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"AIL powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached."
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the "Companies") do hereby certify that
(i) the foregoing extract of the By- Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is We, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 12th day of February, 2021
1 —A� T
A A (
�O101' reW Yo1L�-
Kenneth C. We el, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: sure chubb.com
Form 15-10- 0225B- U (Ed. 5- 03) CONSENT
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees
to provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to City,
along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Palp, Inc. dba Excel Paving Company Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
Palp, Inc. dba Excel Paving Company Page C-2
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
Palp, Inc. dba Excel Paving Company Page C-3
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self-insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Palp, Inc. dba Excel Paving Company Page C-4
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
Palp, Inc. dba Excel Paving Company Page C-5
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Thursday, March 04, 20216:07 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number 7929-1
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. 7929-1 Excel Paving Company
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
City of Newport Beach
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 7929-1 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
R 3 2020
Date
562) 599-5841 FAsr (561)ZU-7485
Bidder's Telephone and Fax Numbers
STATE LIC# 688659
A, r 12, C31
Bidder's License No(s).
and Classification(s)
Inti oty);331
DIR Registration Number
Bidder's email address:
PR -1
PALP, )NC DBA
EXCEL PAVING COMPANY
Bidder
Curtis P. Brown III
ll/ �-` President
L ..._..
Bidder's Authorized Signature and Title
22ga�g LEMON AVE
LOW BEAG J GA99
Bidder's Address
City of Newport Beach
Page 1
STREET PAVEMENT REPAIR PROGRAM (7929-1),
bidding on
December 10, 2020 10:00 AM (Pacific)
Printed 1211012020
Bid Results
Bidder Details
Vendor Name Excel Paving
Address 2230 Lemon Ave
Long Beach, CA 90806
United States
Respondee Louis Flores
Respondee Title Estimator
Phone 562-599-5841 Ext.
Email Iflores@excelpaving.net
Vendor Type CADIR
License # 688659
CADIR 1000003331
Bid Detail
Bid Format Electronic
Submitted December 10, 2020 9:33:53 AM
(Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 237223
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
File Type
BID SUBMITTAL C-7929-1 EXCEL PAVING CO.pdf
BID SUBMITTAL C-7929-1 EXCEL PAVING CO.pdf
General Attachment
Bid Bond C-7929-1 EXCEL PAVING CO.pdf
Bid Bond C-7929-1 EXCEL PAVING CO.pdf
Bid Bond
Line Items
Type Item Code
UOM
Qty Unit Price
Line Total Comment
Section 1
1 Mobilization
LS
1 $44,100.00
$44,100.00
2 Surveying Services
LS
1 $5,000.00
$5:000.00
3 Traffic Control
LS
1 $25,000.00
$25,000.00
4 Signing and Striping
LS
1 $10,000.00
$10:000.00
5 Coldmill 2 -Inch Asphalt Concrete
SF
30700 $0.60
$18,420.00
City of Newport Beach
Page 2
STREET PAVEMENT REPAIR PROGRAM (7929-1), bidding
on December 10, 2020 10:00 AM (Pacific)
Printed 12i1012020
Bid Results
Type Item Code
UOM
City
Unit Price
Line Total Comment
6 Coldmill 6 -Inch Asphalt Concrete
SF
41260
$1.30
$53,638.00
7 Place 4 -Inch Asphalt Concrete Base Course
TN
1010
$78.00
$78,780.00
8 Place 2 -Inch Asphalt Concrete Finish Course
TN
930
$80.00
$74.400.00
9 Lower and Adjust Manhole Frame and Cover to Grade
EA
9
$700.00
$6,300.00
10 Remove and Instal New Water Valve Box to Grade
EA
11
$500.00
$5,500.00
11 Remove and Install Survey Monument
EA
1
$800.00
$800.00
12 Provide As -Built Drawings
LS
1
$2,000.00
$2,000.00
Subtotal
$323,938.00
Total
$323,938.00
Subcontractors
Name $ Address Description
License Num
CADIR
Amount Type
Pavement Recycling Cold Milling
569352
1000003363
$71,184.00
Systems, Inc
10240 San Sevaine Way,
Jurupa Valley, CA 91752
United States
Superior Pavement Markings Striping
776306
1000001476
$11,575.00
5312 Cypress Street
Cypress, CA 90630
United States
Page: 1 of 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
r r)
s
ADDENDUM NO. 1
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
DATE: Il zoo, BY: .
T ' CI LY NGINEER
O. ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
Changes affected by this Addendum
NOTICE INVITING BIDS
Replace the bid opening date:
"By 10:00 AM on the 3rd day of December, 2020"
With the following date:
"By 10:00 AM on the 10th day of December, 2020"
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be
considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
PALP, INC DBA
EXCEL PAVING COMPANY _
Bidder's Name (Please Print)
flFr I (I 21° -
Date
A
/uIlorized Signature & Title Curtis P. Brown III President
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
AGOENDUM NO. 2
STREET PAVEMENT REPAIR PROGRAM
Contract No. 7929-1
DATE: Zd 2-0
TO: ALL PLANHOLDERS
Page: 1 of 2
BY: r/11"INGINEER
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
Changes affected by this Addendum
A. NOTICE INVITING BIDS
REPLACE the the Engineer's Estimate: $470,000.00 with: $485,000.00.
B. BID QUANTITIES
ADD 1700 SF for bid item 5 Coldmill 2 -inch Asphalt Concrete
ADD 260 SF for bid item 6 Coldmill 6 -inch Asphalt Concrete
ADD 10 TN for bid item 7 Place 4 -inch Asphalt Concrete Base Course
ADD 30 TN for bid item 8 Place 2 -inch Asphalt Concrete Finish Course
ADD 1 EA for bid item 9 Lower and Adjust Manhole Frame and Cover to Grade
ADD 3 EA for bid item 10 Remove and install New Water Valve Box to Grade
C. PLANS
ADD plan sheet 7 to the Plans (attached as PDF on Planetbids)
Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be
considered unless this signed Addendum No. 2 is attached.
Page: 2 of 2
I have carefully examined this Addendum and have
included full payment in my Proposal.
PALP, INC DBA
r-XCFLPAVING COMPANY
Bidder's Name (Please Print)
DEC 11 0 2028
Date
Aut,b6rized Signature & Title
Attachments:
Plan Sheet 7
Curtis P. Brown III
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
STREET PAVEMENT REPAIR PROGRAM
PROJECT NO. 21 R03
CONTRACT NO. 7929-1
PART 1 - GENERAL PROVISIONS
1
SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Survey Service
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
1
1
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
4
4
4
5
5
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5
6-1.1 Construction Schedule 5
6-7 TIME OF COMPLETION 6
6-7.1 General 6
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6
6-9 LIQUIDATED DAMAGES 7
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7
7-1.2 Temporary Utility Services 7
7-2 LABOR 8
7-2.2 Prevailing Wages 8
7-8 WORK SITE MAINTENANCE 8
7-8.4 Storage of Equipment and Materials 8
7-8.4.2 Storage in Public Streets 8
7-8.6 Water Pollution Control 8
7-8.6.2 Best Management Practices (BMPs) 8
7-10 SAFETY 9
7-10.3 Haul Routes 9
7-10.4 Safety 9
7-10.4.1 Work Site Safety 9
7-10.5 Security and Protective Devices 9
7-10.5.3 Steel Plate Covers 9
SECTION 9 - MEASUREMENT AND PAYMENT 9
9-2 LUMP SUM WORK 9
9-3 PAYMENT 9
9-3.1 General 9
9-3.2 Partial and Final Payment. 11
PART 2 - CONSTRUCTION MATERIALS 12
SECTION 200 — ROCK MATERIALS 12
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 12
201-1 PORTLAND CEMENT CONCRETE 12
201-1.1 Requirements 12
201-1.1.2 Concrete Specified by Class and Alternate Class 12
SECTION 203 — BITUMINOUS MATERIALS 12
203-6 ASPHALT CONCRETE 12
203-6.5 Type III Asphalt Concrete Mixtures 12
SECTION 214—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 12
214-4 PAINT FOR STRIPING AND MARKINGS
12
214-4.1 General
12
214-6 PAVEMENT MARKERS
12
214-6.3 Non -Reflective Pavement Markers
12
214-6.3.1 General
12
214-6.4 Retroreflective Pavement Markers
13
214-6.4.1 General
13
SECTION 215 - TRAFFIC SIGNS 13
PART 3 - CONSTRUCTION METHODS 13
SECTION 300 - EARTHWORK 13
300-1 CLEARING AND GRUBBING 13
300-1.3 Removal and Disposal of Materials 13
300-1.3.1 General 13
SECTION 302 - ROADWAY SURFACING 14
302-1 COLD MILLING OF EXISTING PAVEMENT 14
302-1.1 General 14
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
302-5.8 Manholes (and Other Structures)
14
14
14
SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 14
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
14
314-2.1 General
14
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
15
314-4.1 General
15
314-4.2 Control of Alignment and Layout
15
314-4.2.1 General
15
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
15
314-4.4.1 General
15
314-4.4.2 Surface Preparation
15
314-5 PAVEMENT MARKERS
16
314-5.1 General
16
PART 6 - TEMPORARY TRAFFIC CONTROL 16
SECTION 600 - ACCESS
16
600-1 GENERAL
16
600-2 VEHICULAR ACCESS
16
600-3 PEDESTRIAN ACCESS
16
SECTION 601— WORK AREA TRAFFIC CONTROL
17
601-1 GENERAL
17
601-2 TRAFFIC CONTROL PLAN (TCP)
17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
STREET PAVEMENT REPAIR PROGRAM
PROJECT NO. 21 R03
CONTRACT NO. 7929-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. R -7009-S); (3) the City's
Design Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction, (2004 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements. The City's Design
Criteria. Standard Special Provisions and Standard Drawinas for Public Works
Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
Page 1 of 18
At the time of the award and until completion of work, the Contractor shall possess a
Class "A" license. At the start of work and until completion of work, the Contractor and
all Subcontractors shall possess a valid Business License issued by the City.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of the following:
• Distribute construction notices to affected businesses and residents
• Provide traffic control plans for all work locations and stamped plans for
MacArthur Boulevard and East Coast Highway
• Establish traffic control for construction
• Implement BMP plan
• Sawcut pavement repair areas on MacArthur Boulevard
• Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct
asphalt concrete roads
• Lower and adjust manholes, and remove and install new water valve boxes and
survey monuments
• Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs,
pavement markings and raised pavement markers
• Coordinate with outside utility owners to have their facilities repaired and raised
to grade
• Other incidental items as required by Plans and Specifications
• Provide As -built drawings
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The Contractor shall
submit to the Engineer, a minimum of 7 days prior to the start of work, a list of
controlling survey monuments which may be disturbed. The Contractor shall:
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling survey monuments.
Page 2 of 18
The Contractor shall protect all survey monuments during construction operations. In
the event that existing survey monuments are removed or otherwise disturbed during
the course of work, the Contractor shall restore the affected survey monuments at his
sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record
or Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or
monuments damaged by the Work.
2-9.2 Survey Service
Delete this section and replace with the following: Prior to any demolition work, the
Contractor shall prepare and submit the Corner Records for review by the City a
minimum of three (3) working days before the anticipated Work.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs and shall constitute the markup for all overhead and
profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
Page 3 of 18
applied by the Subcontractor to the actual costs and shall constitute the markup for all
overhead and profit. An additional markup of five (5) percent of the total subcontracted
cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48 -hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the contractor's expense.
Page 4 of 18
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected
by the Work shall be replaced to finish grade with new utility boxes. During asphalt
paving operation, manholes within paving area shall be temporarily lowered and
covered. Upon completion of paving operation, manholes shall be permanently
adjusted to finish grade.
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television companies, telecommunication companies and any other
utility companies to have their existing utilities adjusted to finish grade. The Contractor
shall coordinate with each utility company for the adjustment of their facilities in advance
of work to avoid potential delays to the project schedule. The Contractor shall provide
the necessary survey control for all utility companies to adjust boxes and vaults to the
final grade. The Contractor will be required to coordinate with these companies for
inspection of the work.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule and
has demonstrated the ability to maintain the schedule in the future. Such stoppages of
work shall in no way relieve the Contractor from the overall time of completion
requirement, nor shall it be construed as the basis for payment of extra work because
additional personnel and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
Page 5 of 18
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 45 consecutive
working days after the date on the Notice to Proceed. The Contractor shall ensure the
availability and delivery of all material prior to the start of work. Unavailability of material
will not be sufficient reason to grant the Contractor an extension of time. Unless
otherwise approved by the Engineer, construction shall start on or before February 1St
2021.
Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
The following days are designated City holidays and are non -working days:
1. January 1St (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 St (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
Page 6 of 18
shall be on the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work, the Contractor shall pay to the City or have withheld from
moneys due it, the daily sum of $1,000.
In addition to the specified overall contract time, an additional liquidated damage of
$1,000 for each consecutive calendar day will be assessed for not completing the
temporary striping and tabbing and thermoplastic striping as described in Section 314-
4.1.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the
deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a
charge for water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
Page 7 of 18
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and back -charging the Contractor for all
Page 8 of 18
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
In addition, steel plates on asphalt pavement shall be pinned and recessed flush with
existing pavement surface.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Page 9 of 18
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, preparing and updating construction
schedules as requested by the Engineer, attending construction progress meetings as
needed, and all other related work as required by the Contract Documents. This bid
item shall also include work to demobilize from the project site including but not limited
to site cleanup, removal of USA markings and providing any required documentation as
noted in these Special Provisions.
Item No. 2 Surveying Services: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs of surveying, establishing horizontal
and vertical controls, providing construction staking, establishing centerline ties,
adjusting survey monuments, filing pre- and post -construction corner records with the
county, reestablishing property corners disturbed by the work, preparing record of
survey, protecting and restoring existing monuments and other survey items as required
to complete the work in place.
Item No. 3 Traffic Control: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for delivering all required notifications and
temporary parking permits, posting signs, covering conflicting existing signs, and all
costs incurred notifying businesses and residents, preparing traffic control plans,
providing the traffic control required by the project including, but not limited to, signs,
cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons.
This item includes providing four (4) CMS and updating messages on the CMS as
requested by the Engineer. This item also includes furnishing all labor, tools, equipment
and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City
requirements.
Item No. 4 Signing and Striping: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for removing existing pavement
striping and markers, removing or relocating street signs and posts, installing temporary
and permanent pavement striping, markings and markers, installing street signs and
posts, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 5 Cold Mill 2 -Inch Asphalt Concrete Pavement: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for cold
milling the asphalt concrete pavement, constructing temporary asphalt concrete ramps
along milled edges, hauling and disposing the milled material offsite, and all other work
items as required to complete the work in place. Areas on the plans are approximate,
final limits will be laid out by the Inspector in the field.
Item No. 6 Cold Mill 6 -Inch Asphalt Concrete Pavement: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for cold
milling the asphalt concrete pavement, sawcutting, removing and disposing the existing
pavement fabric, constructing temporary asphalt concrete ramps along milled edges,
hauling and disposing the milled material offsite, and all other work items as required to
Page 10 of 18
complete the work in place. Areas on the plans are approximate, final limits will be laid
out by the Inspector in the field.
Item No. 7 Place 4 -Inch Asphalt Concrete Base Course: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for applying
a tack coat, spreading and compacting the asphalt concrete base course and all other
work items as required to complete the work in place.
Item No. 8 Place 2 -Inch Asphalt Concrete Finish Course: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for applying
a tack coat, spreading and compacting the asphalt concrete finish course and all other
work items as required to complete the work in place.
Item No. 9 Lower and Adjust Manhole Frame and Cover to Grade: Work under this
item shall include, but not be limited to, all labor, tools, equipment and material costs for
removing the existing manhole frame and cover, temporarily lowering and/or covering
the manhole to facilitate paving operation, reinstalling existing manhole frame and cover
to grade per CNB STD -111, restoring all existing improvements damaged by the work,
and all other work items as required to complete the work in place.
Item No. 10 Remove and Install New Water Valve Box and Cover to Grade: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for removing and disposing the existing water valve box and cover,
temporarily lowering and/or covering the valve to facilitate paving operation, furnishing
and installing a new water valve box and cover to grade per CNB STD -511, restoring all
existing improvements damaged by the work, and all other work items as required to
complete the work in place.
Item No. 11 Remove and Install New Survey Monument: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
and disposing the existing survey monument box and cover, temporarily lowering and/or
covering the survey monument to facilitate paving operation, furnishing and installing a
new survey monument box and cover to grade, per CNB STD -116, restoring all existing
improvements damaged by the work, and all other work items as required to complete
the work in place.
Item No. 12 Provide As -Built Plans. Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all actions necessary to
provide as -built drawings. These drawings must be kept up to date and submitted to
the Engineer for review prior to request for payment. An amount of $2,000 is
determined for this bid item. The intent of this pre-set amount is to emphasize to the
Contractor the importance of as -build drawings.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Page 11 of 18
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 — ROCK MATERIALS
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
SECTION 203 — BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
Asphalt concrete finish course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt
concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP).
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized
thermoplastic.
214-6 PAVEMENT MARKERS
All pavement markers shall comply with Section 85 of the State of California Standard
Specifications.
214-6.3 Non -Reflective Pavement Markers
214-6.3.1 General
All new non -reflective pavement markers Types A and AY shall be ceramic.
Page 12 of 18
214-6.4 Retroreflective Pavement Markers
214-6.4.1 General
All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces,
or approved equal.
Add Section 215 — TRAFFIC SIGNS
SECTION 215 - TRAFFIC SIGNS
Signs shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum
(0.08 inch thickness).
New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge
2'/4 inch unistrut (OD) base.
Sign mounting hardware and brackets shall be stainless steel. Unless otherwise
specified, mounting hardware shall be 5/16"-18.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
K��Z�ai����_1:71►[�1_1►1�Zrl:i�J 3 31�[r
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and
Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway
removal and replacement shall have a minimum trench width of 3 -feet to facilitate
maximum compaction. Contractor shall meet with the Engineer to mark out the areas of
roadway removal and replacement.
Non -reinforced concrete, pavement fabric and asphalt wastes generated from the job
site shall be disposed of at a facility that crushes such materials for reuse. Excess soil
and other recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
Page 13 of 18
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
SECTION 302 - ROADWAY SURFACING
302-1 COLD MILLING OF EXISTING PAVEMENT
302-1.1 General
The milled pavement shall be paved with asphalt concrete (base course, leveling course
or finish course) on the same day that the cold milling is performed. The limits of work for
each working day shall extend only as far as both cold milling and placement of asphalt
concrete can be completed to assure that no pavement is left milled without placement
of asphalt concrete base course, level course or finish course at the end of the each
work day or night. Saw -cutting before grinding is required on MacArthur Boulevard to
pre-cut the existing pavement fabric.
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
In residential areas, no highway rated equipment or trucks are to be used (eg. no super
trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be
approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed
in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be
along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled
and compacted to 95% minimum. The pavement shall then be cleaned with a power
broom.
302-5.8 Manholes (and Other Structures)
All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to
pavement cold milling. Upon completion of asphalt concrete finish course, the top of
manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the
smoothness requirement as specified in 302-5.6.2.
SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND
PAVEMENT MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
314-2.1 General
The Contractor shall remove all existing traffic striping and pavement markings by
grinding. Other methods such as sandblasting will not be allowed.
Page 14 of 18
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT
MARKINGS
314-4.1 General
Temporary painted traffic striping and markings shall be lane marking paint applied at
15 mil in one coat, as soon as possible and within 24 hours after the finish course has
been placed. The width of the temporary lane line stripes shall be one-half the width of
the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full
width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking"
stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -
tracking" will not be accepted as temporary striping.
314-4.2 Control of Alignment and Layout
314-4.2.1 General
The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be
responsible for the completeness and accuracy of all layout alignment and spotting.
Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on
the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and
pavement markings within 24 hours after the removal or covering of existing striping or
markings. No street shall be without proper striping over a weekend or holiday. Stop bars
and crosswalks shall not remain unpainted overnight.
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
314-4.4.1 General
The final reflectorized thermoplastic striping shall not be applied until the finish course
pavement has been in place for at least 10 days but no later than 15 days. The
thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all
striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm
(120 mil) thickness. Striping shall be applied by extrusion method. Sprayable
thermoplastic striping shall not be allowed.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and
re -notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes/covers/damages existing striping and/or raised pavement markers
outside of the work area, he shall re-stripe/replace such work items at no cost to the
City.
314-4.4.2 Surface Preparation
Primer shall be applied to concrete surfaces prior in application of thermoplastic striping.
The primer shall be formulated for the intended application.
Page 15 of 18
314-5 PAVEMENT MARKERS
314-5.1 General
Raised pavement markers shall not be placed until the finish course pavement has
been in place for at least 10 days but not later than 15 days.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 GENERAL
Ten (10) working days prior to starting work, the Contractor shall distribute construction
notices to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notices.
Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to
the residents a second written notice prepared by the City clearly indicating specific
dates in the space provided on the notices when construction operations will start for
each block or street. An interruption of work at any location in excess of 14 calendar
days shall require re -notification. The Contractor shall insert the applicable dates and
times at the time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
600-2 VEHICULAR ACCESS
The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which shall be posted at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at
the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
600-3 PEDESTRIAN ACCESS
Page 16 of 18
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, changeable message signs (CMS), and any other measures deemed
necessary by the Engineer to safely direct the public around areas of construction, and
into and out of the affected establishments. Messages for the CMS shall be updated by
the Contractor as directed by the Engineer.
601-2 TRAFFIC CONTROL PLAN (TCP)
The Contractor shall submit to the Engineer, at least five working days prior to the pre -
construction meeting, traffic control plans and/or detour plans for each street and
parking lot. The Contractor shall be responsible for processing and obtaining approval
of a traffic control plans from the Engineer. The Contractor shall adhere to the
conditions of the traffic control plan. Traffic control plans shall be prepared by a
licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC
CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be
signed and sealed by a California licensed traffic engineer. Traffic control and detours
shall incorporate the following items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum
of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street or alley during its trash collection day, it
shall be the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3466 and all affected property owners.
5. At a minimum, the Contractor shall maintain one lane of traffic in each
direction at all times when completing the work.
6. Sidewalk closures in non-residential areas, or as determined by the City, shall
be set with barricades and SIDEWALK CLOSED signs on barricades at the
Page 17 of 18
closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at
the closest crosswalk or controlled intersection.
7. Sidewalk closures in residential areas, or as determined by the City, shall be
set with barricades and SIDEWALK CLOSED signs on barricades at the
closure.
8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE
CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs
mounted on barricades in order on the approach and at the closure.
Page 18 of 18
APPENDIX A - STANDARD DETAILS
� MANHOLE FRAME AND COVER
v12" AC WEARING SURFACE TO MATCH
EXISTING ASPHALT
TACK COAT ON CONCRETE PER STANDARD
SPECIFICATIONS SECTION 302-5.4
CONCRETE SHALL BE POURED WITH A MINIMUM DISTANCE OF 12" AROUND THE LIP OF THE M.H. RING.
4'
ADJUSTMENT NOTES:
1. LOWER MANHOLE TO 6" BELOW SUBGRA[
WITH 4'X4'XY2" STEEL PLATE PRIOR TO
CONSTRUCTION. INTERIOR OF MANHOLE
MORTAR REPLACED AND POINTED IN ALL
AREAS.
CONSTRUCTION NOTES:
O1 INSTALL MANHOLE FRAME AND COVER P
AND STD 409.
O2 CONSTRUCT CONCRETE COLLAR 12"X6".
O3 INSTALL 3" GRADE RING WHERE REQUIRE
® INSTALL 6" GRADE RING.
TYPICAL SECTION
2" AC
560-C-3250
12"
6" GRAVEL
SUB -BASE
APP.
CITY ENGINEER RCE DATE NO. DATE DESCRIPTION OF REVISIONS
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
STANDARD DRAWING NO.
DRAWN: P. KHARAZMI
DATE: 2/27/2019 MANHOLE ADJUSTMENT DETAIL 111
SHEET 1 OF 1
OF CURB SURVEYORS SERVICE CO. 3" MAX TO CENTERLINE
LEAD BRASS NAIL & BRASS NAIL NO. 258 & OF HOLE/L&T
TAG TIES (TYP)
STAMPED BRASS TAG
NO. 265 OR APPROVED
RECESSED I EQUAL (TYP)
Ya" MIN
1 RECESSED
Y4" MIN
� d
LEAD
LEAD %
Q 41
2
I CURB a ° a a
RETURN
a a
STANDARD CURB ROLLED CURB
O LEAD BRASS NAIL & TAG SET IN TOP OF CURB. TIES TO BE PROVIDED
FOR ALL B.C.'S, E.C.'S, RADIUS PTS., P.L'S AND/OR SURVEY MONUMENTS.
ALL LEAD, BRASS NAIL & TAGS TO BE RECESSED IN TOP OF CURB, A" MIN.
O WHERE STANDARD MONUMENT NOT REQUIRED, A LARGE MONUMENT SPIKE
WITH WASHER SHALL BE USED. MINIMUM REQUIREMENT: GALVANIZED V
LOCATION OF TIES SQUARE SHANK X 6" LONG SURVEYOR'S SERVICE NO. 261 OR APPROVED
EQUAL.
NOTE:
TRANSIT TIES WHERE POSSIBLE. O CHISELED CROSS, "X", NOT ACCEPTABLE FOR ANY TIE OR REFERENCE
POINT.
® ALL "PUNCH MARKS/STAMPINGS" TO BE CLEARLY DEFINED. PUNCH MARK
TO BE WITHIN 3'4" DIA. FROM CENTERLINE OF BRASS CAP.
FRAME AND COVER TO BE BROOKS PRODUCTS INC. NO. 4TT
FINISHED STREET GRADE OR J&R NO. 4T. COVER TO BE STAMPED "MONUMENT" AND
CENTERED OVER MONUMENT.
14"
2"
4°
A
d a
a
3Y4"MIN a° 4 d
t6" 4 d d 4 Y4" MAX
a 4 a 8" DIAMETER v
12"
n 10 Y4" DIAMETER\
4 c
2" DIAMETER 4
MIN a° /\/\
CONSTRUCT 12" MIN 4 12" MIN
CONCRETE COLLAR /\ 174 MIN LEVEL 4 `
\/
d a
d\\/
4
4 2 a
a
d
2'-6" NOTE: CONCRETE ° c BRONZE CROWN TOP SURVEY
ALL CONCRETE SHALL BE MARKER -SURVEYOR'S SERVICE
CLASS 560-C-3250. NO. 287C MORITZ FOUNDRY
d 4 a d 2" DIAMETER OR APPROVED
EQUAL. INSTALLER TO SUPPLY
MARKER TO BE CENTERED IN
8" MIN DIAMETER CONCRETE, FASTENED SECURELY.
APP.
�,O-- DATE I DESCRIPTION OF REVISIONS
CITY ENGINEER RCE DATE
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
STANDARD DRAWING NO.
DRAWN: P. KHARAZMI
STANDARD SURVEYOR'S MONUMENT
116
DATE: 2/28/2018
SHEET 1 OF 1
12" MIN.
CONCRETE COLLAR FINISH GRADE MATCH EXISTING
PAVING MATERIAL
2
2" A.C.
1
SON
+•'�.. ,.�.
,'•�..''�'`�Fl `_ sal; r l `� ac�.+,.::
/ •��„ � / •. �rr,•�r�a
.
i
I
CONSTRUCTION NOTES
O1 8" DIAMETER SDR -35 PIPE.
O2 CAST IRON FRAMES AND COVERS SHALL BE TRIANGULAR, BROOKS PRODUCTS NO. 4TT, J&R NO. 4T, OR EISEL ENTERPRISES 1-4, MARKED " WATER".
O3 THE VALVE BOX SHOULD NOT BE (LOAD) WEIGHT BEARING ON THE VALVE RISER.
® THE TRACING WIRE SHALL BE ATTACHED OUTSIDE THE VALVE RISER AND 18" OF WIRE SHALL DROP INTO THE RISER FROM THE VALVE BOX.
GENERAL NOTES
1. CONCRETE SHALL BE 560-C-3250.
2. PORTIONS OF THIS STANDARD ALSO APPLY TO SEWER CLEANOUTS.
APP.
CITY ENGINEER RCE DATE NO. DATE DESCRIPTION OF REVISIONS
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
STANDARD DRAWING NO.
DRAWN: M. ELIAS
VALVE BOX COVER AND RISER 511
DATE: 02/13/19
SHEET 1 OF 1