HomeMy WebLinkAboutC-9015-1 - On-Call M/RSA for On-Call Asphalt and Concrete Street Repairs ServicesON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CT&T CONCRETE PAVING, INC. FOR
ON -CALL ASPHALT AND CONCRETE STREET REPAIR SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 15th day of November, 2022 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and CT&T Concrete Paving, Inc., a California
corporation ("Contractor"), whose address is 1054 E. 3rd Street, Pomona, California
91767, 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 desires to engage Contractor to perform on -call asphalt and concrete street
maintenance and/or repair services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
1.1 The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 1, 2025, unless extended, or terminated earlier, as set forth
herein.
1.2 City shall have the option, in its sole discretion, to extend the term of this
Agreement for two (2) additional successive terms of one (1) year each, the first
commencing on the expiration of the initial term, and the second commencing on the
expiration of the first additional term, on the same terms and conditions as contained in
this Agreement. City may exercise the option to extend the term of this Agreement by
providing written notice to the Contractor thirty (30) days prior to the expiration of the
active term.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
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4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Three Hundred Thousand Dollars and 00/100
($300,000.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 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 Agreement term. Contractor has designated Jose Carvajal to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof 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
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result of Contractor's performance of the Services 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.
9.2 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.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (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 Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 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 Agreement. This indemnity shall apply to all claims and liability
regardless 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.
9.5 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 Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee 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 expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. 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 Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work 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
Services.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. 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.
14. 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 Agreement or for other periods as specified in this Agreement, 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.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
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set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 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, (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.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, 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.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
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 Agreement. 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. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
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subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement 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 cotenancy, 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.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any 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 Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
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records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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 Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement 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.
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25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Jose Carvajal
CT&T Concrete Paving, Inc.
324 S. Diamond Bar Blvd, PMB 275
Diamond Bar, CA 91765
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 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/Consultant 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.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. 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
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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, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 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 and City.
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29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement 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.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement 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 Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement 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.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 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.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement 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.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I 1,11 ZL
By:
ron C. Harp vc)1-n zip
City Attorney
ATTEST: Z120.2�12 Date: / mot/
c
By: •
Leilani I. Brown
City Clerk
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Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
CITY OF NEWPORT BEACH,
a California municipal corporation
D
CONTRACTOR: CT&T Concrete
Paving, Inc., a California corporation
Date:
Signed in Counterpart
Jose Carvajal
Chief Executive Officer
Date:
Signed in Counterpart
By:
Jacqueline Carvajal
Chief Financial Officer
[END OF SIGNATURES]
- Scope of Services
- Schedule of Billing Rates
- Insurance Requirements
- Labor and Materials Payment Bond
- Faithful Performance Bond
CT&T Concrete Paving, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONTRACTOR: CT&T Concrete
Paving, Inc., a Calif c�r�oral
Date:
C
Chief Executive Officer
Date:
By
Jne ajal
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
CT&T Concrete Paving, Inc. Page 13
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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 .M0VLjnlw- I b l-I zQr2--z- before me, Daniel A. Butler, A Notary Public
(Here insert name and title ot Me officer)
personally appeared 7c.)se- 1/,;e, � �' j caU,t /;ftc l<„'',c ;Gc �-
who proved to me on the basis of satisfactory evidence to be the per on Dwhose
name D is re subscribed to the within instrument and acknowledged to me that
he/sheAJED executed the same in his/he ei uthorized capacity(4es and that by
his/her ei signatures' on the instrument the person, or the entity upon behalf of
which the person(Dacted, 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.
D�ANIE`L A. BUTLER
WITNESS m hand and official seal. „; Notary PubCommissiolic Cal240i2 �
y f;
Los Angeles County
My Comm. Expires May 2, 2026
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
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CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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EXHIBIT A
SCOPE OF SERVICES
• INTENT
o Contractor shall provide as -needed concrete and asphalt repair and related
services throughout the City.
• DESCRIPTION OF PROJECT
o Contractor shall furnish all labor, equipment, materials, and supervision to
provide as -needed concrete and asphalt repairs ranging from small
asphalt patch repairs to major construction throughout the City. Service
may also include, as requested by the City during a typical contract
engagement for replacement of sidewalk, access ramps, cross gutters,
driveway approaches and curb and gutter. Services may also include
traffic control, striping, excavation, pavement grinding, root pruning,
sprinkler repairs, saw cutting and repairs to any private or public property
damaged during a typical job assignment at the Contractor's expense.
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 4:00
p.m., Monday through Friday.
o Weekend Hours shall be any time between the hours of 7:00 a.m. and 4:00
p.m., Saturday through Sunday.
o Overtime Hours shall be any time outside the normal working hours and
weekend hours, including holidays.
o Special limited working hours may to required to minimize traffic and public
inconvenience.
• LEVEL OF WORK
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, (consider using Standard Specifications for Public Works
Construction "Greenbook") as stated in the enclosed specification
description. Standards may be modified from time to time as deemed
necessary by the City for the proper repair of the sites.
o If, in the judgment of the City, the level of repair is less than that specified
herein, the City shall, at its option, in addition to or in lieu of other remedies
provided herein, withhold appropriate payment from the Contractor until
services are rendered in accordance with specifications set forth within this
document and providing no other arrangements have been made between
the Contractor and the City. Failure to notify of a change and/or failure to
CT&T Concrete Paving, Inc. Page A-1
perform an item or work on a scheduled day may, at the City's sole
discretion, result in deduction of payment for that date, week, or month.
Payment will be retained for work not performed until such time as the work
is performed to City standard.
o The Contractor is required to correct deficiencies within the time specified
by the City. If noted deficient work has not been completed, payment for
subject deficiency shall be withheld and shall continue to be withheld until
deficiency is corrected, without right to retroactive payments.
o The Contractor shall diligently perform all the services described in the
Scope of Services ("Services" or "Work"). The Contractor represents and
warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the
highest industry standards in performing the Work required hereunder and
that all materials will be of good quality. For purposes of this Agreement,
the phrase "highest industry standards" shall mean those standards of
practice recognized by one or more first-class firms performing similar work
under similar circumstances.
o The Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable
equipment and all utility and transportation services necessary for the
Project.
• SUPERVISION OF CONTRACT
o All work shall meet with the approval of the Project Administrator. Any
specific problem area which does not meet the conditions of the
specifications set forth herein shall be called to the attention of the
Contractor and if not corrected, payment to the Contractor will not be made
until condition is corrected in a satisfactory manner as set forth in the
specifications.
• AS -NEEDED REPAIR SERVICES
o Contractor shall follow all standard procedures in the performance of all
duties, which include, but shall not be limited to, proper techniques and
procedures, traffic control, any related permits, etc. All work shall conform
to City standards and specifications below, and/or as specified by the
Project Administrator.
o Specifications:
■ Bituminous material shall conform to Section 203 of the Standard
Specifications for Public Works Construction (2015 Edition).
CT&T Concrete Paving, Inc. Page A-2
■ Asphalt concrete mix for the base course shall be Type III-132 PG 64-
10.
■ Asphalt concrete mix for the leveling and finish courses shall be Type
III- C3 PG 64-10.
■ Asphalt Rubber Hot Mix shall be ARHM-GG-C
■ Repair/replacement of asphalt section shall be minimum 1" thicker
than existing.
■ Concrete material shall be 560 - C - 3250
o When the need for repair services arises, the City shall request in writing,
the necessary maintenance repair services required in adequate detail.
Contractor shall then provide a letter proposal for Services requested by the
City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal
shall include the following:
■ A detailed description of the Services to be provided;
■ The estimated number of hours and cost to complete the Services;
and
■ The time needed to finish the specific Project.
■ City will assess the Letter Proposal to ensure that services and costs
proposed are commensurate with those provided in the Schedule of
Billing Rates. If the item(s) is not listed, the Contractor may propose
a cost or the work will be performed on a Time & Materials basis.
The City will have the option to select which method is preferred on
a case by case basis. No Services shall be provided until the City
has provided written acceptance of the Letter Proposal. Once
authorized to proceed, Contractor shall diligently perform the duties
in the approved Letter Proposal.
■ All items listed in the Schedule of Billing Rates shall include but are
not limited to overhead, insurance, mobilization, labor, equipment,
materials and supervision.
CT&T Concrete Paving, Inc. Page A-3
EXHIBIT B
SCHEDULE OF BILLING RATES
04 00 LF 100-600 LF Over 500 LF
Striping, 4" Non- $28.00 $9.00 $9,00
Termoplastic
0-25 CY 25-100 CY Over 100 CY
Un-Classified Excavation II $190.00 P $190.00 1 $190.00
SawcuttRemove AC or
PCC $520.00 $520,00 1$225.00
0-500 SF 500-2500 SF Over 2500 SF
Grind AC Pavement
(per inch)
1$30.00
1, $15.00
$6.00
AC Pavement Overlay
(per inch)
1$30,00
1$15.00
$5.00
Compact Subgrade & Full
$10.00
1 $3,00
$2.00
Depth AC Pavement (per
inch)
Compact Subgrade &
Place Crushed Misc Base
1$4,00
(per inch)
$4,00
$1.00
Flat Work, 4" Thick
(Sidewalk)
1$28.00
$25.00
$12.65
Flat Work, 6" Thick
(Driveway)
1$32.0.0
$32.00
$18.00
Flat Worm, 8" Thick (Street
$45,00
$32.00
$32.00
-or Bus Pad)
Access Ramp w/
Truncated Dome Tiles
$45.00
$32,00
$32.00
0-200 LF
200-1000 LF Over 1000 LF
6" Curb & Gutter
$70,00
$65.00
$65.00
8" Curti & Gutter
-_
1$90.00
$70,00
$70.00
6" Curb Only
1$65,00
$60.00
$60.00
CT&T Concrete Paving, Inc. Page B-1
rLorerHourly
Normal Hours
Weekend Hours
Overtime
I
Rate
$98.76
$139.64
$139.64
Operator Hourly Rate
$102.85
$144.88
$144.88
i Foreman/Supervisor
I Hourly Rate
�$115.96
$115.96
$115.96
Equipment Rate Sheet
Equipment
Hourly Rate
Weekly Rate
Monthly
Rate
Portable Air Compressor
$
62.00
$
1,070.00
$
1,792.00
Portable Arrow Board
$
42.00
$
318.00
$
900.00
Portable Water Trailer
$
44.00
$
945.00
I $
1,665.00
Pickup Truck
$
60.00
$
960.00
$
2,136.00
Vibrating Compaction holler
$
82.50
$
1,790.00
$
4,590.00
Backhoe
$
90.00
$
1,945.00
$
5,040.00
Skid Steer Loader
$
86.00
$
1,620.00
$
4,050.00
10 Wheel Dump Truck
$
91.00
$
2,052.00
$
4,950.00
Contractor Work Truck
$
96.00
$
1,320.00
$
3,240.00
Water Truck
$
82.50
$
1,980.00
I $
4,500,00
Skip Loader
$
82.50
$
1,980.00
$
4,680.00
Construction Sweeper with Side and
Brushes
$
184.00
$
4,080.00
$
6,240.00
Walk Behind Saw Machine
$
82.50
$
2,728.00
$
4,050.00
Portable Changeable Message Sign
$
92.00
$
1,494.00
$
2,800.00
Portable Arrow Board
$
72.00
$
518.00
$
1,200.00
CT&T Concrete Paving, Inc. Page B-2
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. 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 Agreement, 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, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident 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.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
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. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
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
Agreement, including coverage for any owned, hired, non -owned or rented
CT&T Concrete Paving, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 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 City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
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. Insurance certificates
and endorsement 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 Agreement. 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
CT&T Concrete Paving, Inc. Page C-2
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. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) 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
20 38 04 13.
D. Enforcement of Agreement 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 Section 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
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
CT&T Concrete Paving, Inc. Page C-3
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
Agreement, 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 Agreement, 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.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
CT&T Concrete Paving, Inc. Page C-4
PREMIUM INCLUDED IN PERFORMANCE BOND COST
EXECUTED IN DUPLICATE
BOND NO. RCB0041450
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO, RCB0041450
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
CT&T Concrete Paving, Inc. hereinafter designated as the `Principal," an on -call
services maintenance/repair agreement to perform on -call asphalt and concrete street
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement 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 Agreement 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, Contractors Bopany and
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 Thousand and 00/100 Dollars $3{ 00,000.00 )
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; 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
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
CT&T Concrete Paving, Inc. Page D-1
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 Agreement 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 Agreement 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
named Principal and Surety, on the 16th day of Nove
CT&T Concrete Paving, Inc.
Name of Contractor (Principal)
Contractors Bonding and Insurance Company
Name of Surety
9025 N. Lindbergh Drive, Peoria, IL 61615
Address of Surety
(309) 692-1000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
:cuted by the above
f
Konzed Signature/Title Jose- (-,Irv,�jA-(-- YreeDlJellt
Authorized Age t nature
Emilie George, Attorney -in -Fact
Print Name and Title
NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE
ATTACHED
The effective date of this bond shall be from November 16, 2022 through November 16, 2023 and the Surety shall not be liable for
any default or event arising either before or after the effective date of the bond. At sole option of the surety, the bond may only be
renewed by continuation or renewal certificate, and/or rider setting forth new commencement and expiration dates. Non -renewal
of the bond, whether or not a breach of contract, shall not be considered a breach within the effective period of the bond.
CT&T Concrete Paving, Inc. Page D-2
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 AJ c,�e-k,� I $µ; Zc)zz-before me, Daniel A. Butler, A Notary Public
J / (Here insert name and title o t e officer
personally appeared T6 �- oz
who proved to me on the basis of satisfact ry evidence to be the person(a) whose
name(s) is re subscribed to the within instrument and acknowledged to me that
the/they executed the same in ]s er/their authorized capacity(ies), and that by
Is er/their signature( 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.
DANIEL A. BUTLER
WITNESS my hand and official seal.
N at Commission # 2402807
ram•-- Notary Public - California
,f... - ry in
in
�— Los Angeles County
My Comm. Expires May 2, 2026
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)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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iij'needed, should be completed and attached to the document. Acknowledgments
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• State and County information must be, the State and County where the document
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• 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 orrice 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 3 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)
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 _ } ss.
On 20 before me,
Notary Public, personally appeared
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)
CT&T Concrete Paving, Inc. Page D-3
AILIFOP to ACKNOWLEDGMENT CIVIL CODE § 1189
i'�i';�2, ��m ":i,,:,?. ..: �.`.. .?i�e5 �.`.:�s �;'hw,az5>x+,�s�,"„€i�;f��r;,.ru>.,>�,".,A;��,3?:<kr'a3,�s�5w't�s;��rr �se`.F��i4�al��t`�',�'�z`��ir �. s`t F: �`-;4�`s+ir�43#�sNr ..-Y'.�:�.^,��s�F ,v, s�.•,. ;>,z
A notary ptibllc or rather officer corlarileting this certificate verities only the identity of the individi<ial Who Sighed the document
to Whi'.h'this C'eltifi? ate is atiached, sand riot the tnit.hfl mess, accuracy, orvalidity of that document.
!,' bate of c'='allf()rnji
nt- of Orange
J. Smith, Notary Public
:?rr ta€�fore rne........... ........._,...._........_.
Dc - Here Insert Nam(;r and Title of the Officer
Emilie George
Nrnne(s) of .Sid ner(s)
�A,,ho r.;roved to me or) tine basis of satissfactoiy evidence to be the person(s) whose name(s) islare SUbscribed
to the within instrument sand acknovviedged to me that: he/she.they executed the same in hislharttheh'
authorized capacity(ies), and that by Nisi ierttheirsignature(s) on the instrument the person(s), or the entity
LIPOn iaOhaif of which the PE.-i'son(.$) acted, executed the instrurraent.
J. SMITH
Notary Public • California
?� , Orange County
: { Commission 9 2358196
Comm. Wires May 19, 2025
?i t /t PJ!?tt 7F c71 t7rKlfot Stump h1170v
I certify under PENALTY OF PERJURY Under the
laws of the State of Cali;ornia that the forogoing
JXJI'�.)(Uraph Is true and correct.
WITNESS my liand and official seal,
Signature .......... � � J � `Y ► 1
Sit,ricrtcue oPhJcatcrry Public
OPTIONAL _._..______.-..._...._... ____..____.__-
Cuon)raietinc) this intorrmation scan deter olteration ofthe docunnent or
f o ade h-'--- at reattachment of this foon to On unintorided dot:unaerrt.
Description of Attached Document
ltle tar Type of D,
'-Ic ner(s) Olh(- i Than Narn(;,ci Abow.-!,
Capacity(ies) Claimed by Signer(s)
........ __.._- .__.......___._
(_ C ,r:>r>isatr� Officer ..._. HtIe(s):
CIi Portraf'r i L.irxiitec.9 C:1 General
L:) Inclividli al LI Attorney in Fact
(:fit i rra,':,tE:>e C(uart:li an or ('onsei'vator
Sis lei •,rc t ri1.inq
Number of Pages:
(.I:t C`orporate Officer -- Title(s) .--...._ _ ._...........
_..
13 Paitner _. 0 Limited u General
❑ Individual L7 Attorney in F' act.
r:_i Trustee to Guardian or Con srarvator
0 Other:
Signer is Reprosenting:
„_�::; ,. v.?F. �:� '.,�, rs.h,✓rvr, 51 ;; r'fi.-4m:fi -!{.r. di?i,,->ki�' .>. h;r?4�' d>,?;ir ,�:�;i: s;�';<*�<�. Ire zr��ivr.:�sK��`,�:,*h,:��i 5:,iz �"F3�9;2'?�»,x+,.. ter. f%z,�3,r. .'i :... ,. �..�i ..,:�,:?C.
'.0 Ni,t3-��:a�.rl Nr7t�ud A ; ��( r.i�atic�ra
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
Yunlr T. Mullick, James W. Moilanen, P. Austin Neff Irene LuonaEmilie George Danielle Hanson Christine Hoang,jointly or
in the City of Mission Viejo , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 24th day of
March 2021 .
.....,, ,��� ��,RLI Insurance Company
,0oao.NG AND,NSG99 �JPp NCECpo ' Contractors Bonding and Insurance Company
y pPOR 's GO 4p�•2
•.0� - S•• OGRPORAT�
SEAL .,a - - SEAL Barton W. Davis o Vice President
State of Illinois '' „
�LLIN015 � ��•. .. `
Inni„„
SS °OCounty of Peoria CERTIFICATE
On this 24th day of March 2021 , before me, a Notary Public,
personally appeared Barton W. Davis , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By: 0_0j��, l- Vora
Catherine D. Glover Notary Public
CATHERINE 0. GLOVER
nwi c OFFICIAL REAL
��� Notary Public C - LStaftSE of INinDia
OF
a� My Commbtlon ExpinM
March 24 2024
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bonding and Insurance
Company this 16th day of November , 2022
RLI Insurance Company
Contractors Bonding and Insurance Company
By: Qdjn:"tj 13
Jeffrey DUicku U 1/ 4.1 Corporate Secretary
0456659020212
A0058D19
PREMIUM SUBJECT TO CHANGE BASED ON FINAL CONTRACT AMOUNT BOND NO. RCB0041450
PREMIUM: $4,320.00
EXECUTED IN DUPLICATE
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. RCB0041450
FAITHFUf! PERFORMANCE BOND
The premium charges on this Bond is $ 4,320.00
rate of $ 14.40 per ,being at the
thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
CT&T Concrete Paving, Inc. hereinafter designated as the Principal," an on -call
maintenance/repair services agreement to perform on -call asphalt and concrete street
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement 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 Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and Contractors Bonding and 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 Thousand and 00/100 ($300,000.00 ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), 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 Agreement 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.
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 Agreement or to the Work to be performed
CT&T Concrete Paving, Inc. 1
-
Page E
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 Agreement
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 haWduly Principal
and Surety above named, on the 16th day of
CT&T Concrete Paving, Inc. rr
Name of Contractor (Principal) A a e_ l n re/Title _ o 2f
Contractors Bonding and Insurance Company
Name of Surety Authorized Age! Stature
9025 N. Lindbergh Drive, Peoria, IL 61615
Address of Surety
(309) 692-1000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Emilie George, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
The effective date of this bond shall be from November 16, 2022 through November 16, 2023 and the Surety
shall not be liable for any default or event arising either before or after the effective date of the bond. At sole
option of the surety, the bond may only be renewed by continuation or renewal certificate, and/or rider setting
forth new commencement and expiration dates. Non -renewal of the bond, whether or not a breach of contract,
shall not be considered a breach within the effective period of the bond.
CT&T Concrete Paving, Inc. Page E-2
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 } 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)
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 _ } ss.
On , 20 before me,
Notary Public, personally appeared '
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)
CT&T Concrete Paving, Inc. Page E-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 N v �2,- j 84'Z&2 z before me, Daniel A. Butler, A Notary Public
ere insert name and title ot l e o icer
personally appeared J d c &�l rti ,I I
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(-&) is re subscribed to the within instrument and acknowledged to me that
the/they executed the same in Is er/their authorized capacity(ies), and that by
Is er/their signature() on the instrument the person(s), 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.
„ ' ? DANIELL A, BUTLER
WITNESS my hand and official seal.
Commission # 2402807
C
r c
Notary Public -California
Los Angeles County
Comm. Expires May 2, 2026
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)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
www.NotaryCfasses.com 800-873-9865
INSTRUC:TIO'NS FOR COMPLETING THIS FORM
1 his form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Achnowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notcny 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 otnotarization 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 w 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,''sheithey- 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 snuidges, re -seal if a
sufficient area permits, othenAlse 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 it different document.
Indicate title or type ofattached document, number of pages and (late.
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.
CALIFORNIA ACKNOWLEDGMENT Cavil_ CODE § 1189
,ahr.„30.......,.3Y`z3»`S%,Z':.xF,,,:=d>z-kisi`izl a3w,'"?.''2'x.^:ar.°.�1Jr>tr*.Y`r°�.,z sr lr-:l*$54:�.fTfM"I A7.Rr..»:.€:-tv�*.F.R.r:.`✓:„zKr?x�:tvwtrt r?�. i.: ,+,. ,^.f<
A notary ptitalic or ilther officer Cornpleting this Certificate Verifies only the identify of the inciivici(tial who signed thQ, (10CUrne 1t
tC� whid) this Certifi-Cate is attached, anal not the tnitrlftiln Ss, accuracy, or validity of that (loco -meet.
(r� r
atclt : rit (., r 1 r,li:'s
�i fy of
Orange
O t�ef(are r;?c�J. Smith, Notary Public
.._._.._......._......._......._.................._......._............_................................. ,
Dote Emilie George Here Insert Name and 7ifle of the Officl�.rr
pc:: r ,eonally appeared ._.._.. _._............ ......... .......................
Norne(s) of Siprner(s)
who proved to me on they basis of satisfactory evidonce to he the person(s) whose name(s) istare sLit)scritaed
to th(, within instri.imerit and acknowledged to late that t.e/she.=they eX("Crited the sank; in his%`heritheir
(authorized capac:ity(ies), and that by hisr'her/their signature(s) on the instrument the person(,), or the entitV
upon behalf of which the pefson(s) acted, e?xccut=ed the instrument.
tc-cI (tHyunCy( PENALTY OFPERJURY the
Notary ai+ram
Orange cow+cy laves of the State of California titiat the foregoing
Commission N 2358196
My Comm. ExOins May 19, 1025 pa1"r3 rtlpla is true c31"td con'eC_'t.
WITNESS my hand and official seal.
1 I
Signature _._........ _.... �. ' �w
Phjc' ' M-11Yo—V Se(jl ood,01 Stonlj-') Above Si(gnoture of Notary Public
C'o.iimpleling this information con deter alteration of the docunndrat or
flouduicr)t roottochment oi. this fonn to an unintended document,
Description of Attached Document
Title or Type of ;'ncunierrk:.._....__........ ---- ...........
._......___._
Docuimant Date _..___.._._._ _.. ___._.. _._. Number of Pages:
Other! 1han Nar; ed Ahov(. _._ _..._...._.__._.._ _.... __._
Cap city(ies) Claimed by Signer(s)
.____.... Signer's Na ["it:
I j Onrp(arate Officer Title(s)= _._..... ___..... _..._ I I Corporate Officer — Title(s).., ,. ............ _ r1 Portnet I,im:terl u General El Partner _.,. lj Limited u General
u, In£livitfi.ial to Attorney in l=zact 171 Individual rl Attorney in Fact
tE'e (jtaarcll an or i o seivator t.l TruStee C1 (itlardian or Consei"vator
00
.0 r..
..........__..._.....__.......... __.___..._. __.._. �.a Other:
__.
S;(t wi _ ...... Signer )s Repr(,senting: .
2019 N(itif-'Mol 1+,'. iry Association
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
Yune T. Mullick. James W. Moilanen P. Austin Neff Irene Luong Emilie George Danielle Hanson Christine Hoang.jointly or
in the City of Mission Viejo , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25.000.000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 24th day of
March 2021 ,
oQ9�oG0"P on, 99ynin
-y. SEAL;',00
,;oo• . tee`,
State of Illinois LL1NO;5,.
SS
County of Peoria
On this 24th day of March 2021 , before me, a Notary Public,
personally appeared Barton W. Davis , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By: �A,�.6wu
Catherine D. Glover Notary Public
CATHERINE D. GLOVER .
RD ARY OFFICIAL SEAL
PMIC Notary Public - Shta of Ipinoia
#FAN OF
u aw My Commiplon Zorn
March 24. 2024
RLI Insurance Company
Contractors Bonding and Insurance Company
By: W .:2!,�i
Barton W. Davis Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Comppany and/or Contractors Bonding and Insurance
Company this 16th day of November , 2022
RLI Insurance Company
Contractors Bonding and Insurance Company
By: QL&LAA 13 ±e�&
Jeffrey DUickv V IJ " Corporate Secretary
0456659020212
A0058D19
N
i