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HomeMy WebLinkAboutC-7658-1 - Contract for the Construction of Public Work Lifeguard Tower Constructionm N AMENDMENT NO. ONE TO THE CONTRACT FOR THE 9 CONSTRUCTION OF PUBLIC WORK r LIFEGUARD TOWER CONSTRUCTION WITH RAY CARMODY v THIS AMENDMENT NO. ONE TO THE CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Amendment No. One") is made and entered into as of this 25th day of September, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAY CARMODY, a sole proprietor doing business as ("DBA") CARMODY CONSTRUCTION COMPANY ("Contractor"), whose address is 1240 Birch Tree Court, La Habra, CA 90631, and is made with reference to the following: RECITALS A. On July 24, 2019, City and Contractor entered into a Contract for the Construction of Public Work ("Contract') to engage Contractor to construct three (3) New Lifeguard Towers, as more fully described in the Contract Documents ('Project'). B. The parties desire to enter into this Amendment No. One to extend the term of the Contract to December 31. 2019. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: li 94:7LTJ l Section 1 of the Contract is amended in its entirety and replaced with the following: "The term of this Contract shall commence on the Effective Date, and shall terminate on December 31, 2019, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RAY CARMODY Page 1 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTO NEY'S OFFICE a California mUnisgqal corporation Date: q 20l Dater//i� By: l zk By G Aaron C. Harp JeffL8oyles City Attorney pq�� Fire Chief ATTEST: Ig log., By: Leilani I. Brown City Clerk CONTRACTOR: RAY CARMODY, a sole proprietor doing business as ("DBA") CARMODY CONSTRUCTION COMPANY Date: Signed in Counterpart By: Ray Carmody Sole Proprietor [END OF SIGNATURES] RAY CARMODY Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: ? �- F;w: Aaron C. Harp q City Attorney DAA ATTEST: Date: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Jeff Boyles Fire Chief CONTRACTOR: RAY CARMODY, a sole proprietor doing business as ("DBA") CARMODY CONSTRUCTION COMPANY Date: q_)_�_ L� �R I BY: y Carnioery Sole Proprietor [END OF SIGNATURES] RAY CARMODY Page 2 pip S (� CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK t LIFEGUARD TOWER CONSTRUCTION WITH RAY CARMODY v THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract') is made and entered into as of this 24th day of July, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Ray Carmody, a sole proprietor doing business as ("DBA") Carmody Construction Company ("Contractor"), whose principal place of business is 1240 Birch Tree Court, La Habra, CA 90631, 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 construct three (3) New Lifeguard Towers, as more fully described in the Contract Documents ("Project'). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 60 consecutive days commencing upon issuance of the "Notice to Proceed". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Contract shall commence on the Effective Date and shall terminate on September 30, 2019, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Request for Proposals/Bids which includes: Instructions to Bidders Designation of Subcontractors, Non -Collusion Statement, Appendix A: Specifications/Scope of Work, Special Provisions, and Information Required of Bidder, attached hereto as Exhibit A; Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 7710-1; 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"). Exhibits A, B, C, D and E, and all other named Contract Documents, 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. 2.2. 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 as identified in the Contract Documents ("Work" or "Services"). 2.3. 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. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within 60 consecutive days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 60 consecutive days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One Hundred Dollars ($100.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. 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 Sixty Thousand Nine Hundred Fifty Four Dollars ($60,954.40), less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. 4.2. This compensation includes: Ray Carmody Page 2 4.2. 1. Any loss or damage arising from the nature of the Work; 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. 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. 5. 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 Ray Carmody 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. 6. ADMINISTRATION This Contract shall be administered by the Fire Department. City's Lifeguard Operations Assistant Chief, 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 represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work 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 Contract, and that it will perform all Work 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. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and legally recognized professional standards. Ray Carmody Page 3 7.5. 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 Contract. 7.6. 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. 8. CHANGE ORDERS 8.1. This Contract may be amended or modified only by mutual written agreement of the parties. 8.2. 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. 8.3. 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. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1. 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. 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 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 Ray Carmody Page 4 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). 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 Contract. 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 Project Work. 9.6. 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. 9.7. 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. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. 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. Ray Carmody Page 5 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 and/or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. 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 E 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 D and incorporated herein by reference. 14.2. 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. 14.3. 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. 15. 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 this Contract, policies of insurance of the Ray Carmody Page 6 type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C and incorporated herein by reference. 16. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of perdiem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract 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 perdiem 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. 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. 17. PREVAILING WAGES If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed 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 co -tenant 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. 19. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. 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 Ray Carmody Page 7 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. 20. OWNERSHIP OF DOCUMENTS 20.1. 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 Contract, 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. 20.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 21. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract 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 Contract. 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, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 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 Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or 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 Ray Carmody Page 8 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. 23.2. If subject to the Act and/or Government Code §§ 1090 et seo., 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. 24. NOTICES 24.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor 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. 24.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Lifeguard Operations Assistant Chief Fire Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Ray Carmody Ray Carmody D.B.A. Carmody Construction Company 1240 Birch Tree Court La Habra, CA 90631 25. NOTICE OF CLAIMS 27.1 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. 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 (Govt. Code §§ 900 et seq.). Ray Carmody Page 9 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. 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 (Govt. Code §§ 900 et seq.). 27.2 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.). 26. TERMINATION 26.1. 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. 26.2. 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. 27. 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 as defined by the Contract Documents, 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. Ray Carmody Page 10 28. STANDARD PROVISIONS 28.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 28.2. 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. 28.3. 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. 28.4. 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. 28.5. 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. 28.6. 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. 28.7. 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. 28.8. 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. 28.9. 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. 28.10. Equal Opportunitv 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, Ray Carmody Page 11 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. 28.12. 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 and the same instrument. [SIGNATURES ON NEXT PAGE] Ray Carmody Page 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 22v -q CITY OF NEWPORT BEACH, a California municipal corporation Date: By: �ilra"By: :� For, Aaron C. Harp SKI n TaT-F 6oyt G--5City Attorney Fire Fire Chief ATTEST: CONTRACTOR: Ray Carmody a sole Date: �'�`/-/`l proprietor doing business as ("DBA") Carmody Construction Company Date: % Signed in Counterpart By: % By: Ce Haf I. Br n Ray Carmody City Clerk 9 Sole Proprietor [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Ray Carmody Page 13 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: n np OI Date: By VLi. �rcl�G=._ By: For-, Aaron C. Harp Chip Duncan City Attorney }•23-Iq Fire Chief ATTEST: CONTRACTOR: Ray Carmody a sole Date: proprietor doing business as ("DBA") Carmody Construction Company Date: O%5— By: By: a tl I. Brown Ray. arm 6t City Clerk Sole Pro City Cprieto [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Ray Carmody Page 13 EXHIBIT A REQUEST FOR PROPOSALS/BIDS Ray Carmody Page A-1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted to the City of Newport Beach PlanetBids online bidding portal (https://www.newportbeachca.gov/bidderportal) By 1:00 PM on the 23rd day of January, 2019, at which time such bids shall be read and tabulated for REQUEST FOR BID (RFB) NO. 19-18 LIFEGUARD TOWER CONSTRUCTION Prospective bidders may obtain Bid Documents via the Project Manager Contractor License Classification(s) required for this project: `B" For further information, call Anthony Nguyen, Project Manager at (949) 644-3080 or anguyen(a)newportbeachca.gov City of Newport Beach LIFEGUARD TOWER CONSTRUCTION INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the Public Works Department in accordance with this NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS INFORMATION REQUIRED OF BIDDER NON -COLLUSION STATEMENT PROPOSAL The Finance Department will open and tabulate the bid results immediately following the Bid Due Date. Bid results will be posted on the City's PlanetBids online bidding system. Since this Bid shall be conducted online, there shall be no bid reading. 2. 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 any bonding and/or legal agents prior to submission of bid. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. 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, 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. 7. 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. 8. 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. 2 9. The Contractor shall be responsible for ensuring 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. Labor Code Section 1725.5 may not apply to work performed on a public works project of twenty-five thousand dollars ($25, 000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. 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 furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 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 party 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 reviewed. B, C33 - 399097 Contractor's License No. (s) & Classification(s) 1000004703 - 6/30/2019 DIR Registration Number & Expiration Date Owner/Contractor Au razed Sign e/Title Janua 23rd 2019 Date Ray Carmody - Carmody Construction Company Bidder's Name and Company Name 0 City of Newport Beach PROJECT TITLE DESIGNATION OF SUBCONTRACTORISI 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 Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for perforning 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 following subcontractors 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. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid e: [Address N© +� bcontr ctorSThis - area tentionally eft blank. e: License Number: DIR No./Expiration: Email Address: Name: Address: Phone: State License Number: DIR No./Expiration: Email Address: Name: Address: Phone: State License Number: DIR No./Expiration: Email Address 5 Ray Carmody / -Owner/Contractor Bidder Aut rized Signat /Title �0$9V ® N8_W22q geaCh LIEEG!LAR 9 GG�E� C®�9�TR1��T9®EV NON -COLLUSION STATEMENT The below signer does hereby affirm that they are 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 penalty of perjury of the laws of the State of California that the foregoing is true and correct. Ray Carmody , �/ - Owner/Contractor Bidder AuKoriz Signat /Title 0 City of Newport Beach LIFEGUARD TOWER CONSTRUCTION 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: Contractor, Company or Corporation: Carmody Construction Company - (Sole Proprietorship) Business Address: 1240 Birch Tree Ct , La Habra, CA 90631 Telephone and Fax Number: Tel (714) 8704640 Fax (562) 451-3582 California State Contractor's License No. and Class: B, C33 - 399097 _ (REQUIRED AT TIME OF AWARD) California DIR Registration No and Expiration: 1000004703 - 6/30/2020 (if applicable per Sec. 1725.5, required before submission of bid) Original Date Issued: 1/5/2015 Expiration Date: 6/30/2020 _ Most Recent Renewal Date: 8/19/2018 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: Ray Carmody - Owner/ Contractor/Estimator 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 Ray Carmody Owner/Contractor 1240 Birch Tree Ct, La Habra, Ca, 90631 (714) 870-4640 Corporation organized under the laws of the State of„a. 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 comnce (i.e failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /W Are any claims or actions unresolved or outstanding? Yes' If yes to any of the above, please explain. (Attach additional sheels). Ray Carmody - Owner/Contractor Bidder Autl5brized Sig urerfitle 7/15/2019 Check A License - License Detail II 11 CONTRACTORS STATE LICENSE BOARD '° W Contractor's License Detail for License # 399097 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (L zP " a) If this entity is subject to public complaint disclosure. a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information. Per 35r '3: 1 - , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload. there may be relevant information that has not yet been entered onto the Board's license database. This license is current and active. All information below should be reviewed. 6 - GENERAL BUILDING CONTRACTOR C33 - PAINTING AND DECORATING Business Information CARMODY CONSTRUCTION COMPANY 1240 BIRCH TREE COURT LA HABRA, CA 90631 Business Phone Number.(714) 870-4640 Entity Sole Ownership Issue Date 02/17/1981 Reissue Date 11/05/1991 Expire Date 11/30/2019 License Status Classifications Bonding Information Contractor's Bond Data current as of 7/15/2019 8:34:29 AM This license fled a Contractor's Bond with DEVELOPERS SURETY AND INDEMNITY COMPANY. Bond Number: 756352C Bond Amount: $15.000 Effective Date: 01/01/2016 Contractor's Bond History Workers' Compensation This license has workers compensation insurance with the NATIONAL LIABILITY AND FIRE INSURANCE COMPANY Policy Number:V9WC083871 Effective Date: 03/18/2019 Expire Date: 03/18/2020 Workers Compensation Hutury APPENDIX A: SPECIFICATIONS/SCOPE OF WORK LIFEGUARD TOWER CONSTRUCTION RFP NO. 19-18 SPECIFICATIONS/SCOPE OF WORK MINIMUM QUALIFICATIONS 1. Contractor must be formed as a business entity for at least three (3) years under the same entity name as the one submitting a bid in response to this RFB. SCOPE OF WORK 1. This project consists of the construction of three (3) new lifeguard towers. Towers to be built to the general requirements, standards and plans provided by the City. 2. Contractor shall provide both construction labor and materials. Contractor shall hold a Class B License, General Contractor, or better. Contractor shall also have, or have the ability to obtain, a business license from the City of Newport Beach prior to the start of construction. 3. Additional items to be completed on each lifeguard tower as part of this project include: 3.1. Cut and install two (2) to four (4) wood numbers on each tower; 3.2. Install one (1) blackball bracket on right front corner of each tower; 3.3. Install one (1) Taylor Warning sign on each tower; 3.4. Install one (1) Ocean Conditions sign above Taylor sign on each tower; 3.5. Install one (1) small Rip Current sign on inside door of each tower; 3.6. Install one (1) buoy hook on each tower; 3.7. Install one (1) phone 2" pole on the back of each tower; 3.8. Paint at least one (1) coat of primer/paint under area where each number, sign and hook will be installed on each tower; 3.9. Install one (1) interior phone shelf on each tower; and 3.10. Install two (2) wooden flag blocks on each tower 3.11. All materials, hardware and primer/paint for items 3.1 — 3.10 shall be provided by the City. 4. Construction shall take at Fire Station No. 7, located at 20401 SW Acacia Street. 5. Contractor may use City owned stationary power tools, but must provide own small hand portable power tools, City owned stationary tools include: 5.1. Table saw; 5.2. Band saw, 5.3. Shore power supply; and 5.4. Radial arm saw 6. City shall provide a relatively level construction pad on the sand. 7. Contractor may open back door of workshop for easy access to construction site. 8. Contractor may park up to two (2) vehicles in the Fire Station #7 parking lot during construction only. Vehicles shall be identified in a manner prescribed by the City. 9. Contractor shall be responsible for proper cleanup of the work area at the end of each workday. This shall include the removal of trash and debris from the work site. 10. Project Administrator and/or his/her designee shall observe construction progress on a regular basis. Any issues, problems, or corrections shall be noted, and corrected by the Contractor prior to final acceptance of the work. 11. Payment shall not be made until completed work has been accepted by the Project Administrator. City shall have thirty (30) days from receipt of invoice in which to process payment. CONSTRUCTION 14. All wood to wood joints shall have a wood preservative applied from sand level and include main platform. 15. All lumber edges and ends shall be machine rough sanded to prevent splintering. 16. Window sills shall have 2 X 2 "L" vinyl flashing installed underneath. BUILD SPECIFICATIONS All specifications and work shall conform to the plans included in this attachment, unless otherwise specified by the Project Administrator. See attached plans on the following page for recent revisions in (red). ulrm(91[)• Z"360' -@9 Gw-v 1119-9Lz-(sr6)"3J r9cc-re9-(9r9)A3NONd 3033O 'a 9ng9f 109 rzae-5cz-(ce5)) f"uL 99L1 %Oe ad mO^31O C99ZB WiWdN tl31d aWO N OL S '� 7, �aWuW(v O [RAJ© CRT 331HJ N01Nll08 OYOf1O3Jll p Q WV"" W"ll YCl a3Nan1 wr 83M01 08Yn93311 p 9 9 - 3 31 3 a V 5 i�z m as w ¢moo a� b T 9%1 y _ _ W M -♦SII rt O x. o ( , w t VVVJJJ ""CCC a -x �o O o ti s d > 3 O O 1 O °' 1111�1ry^j�1Y�9�� n , @�c x � Ri MATERIALS LISTING All materials shall conform to the specifications and quality included in this attachment, unless otherwise specified by the Project Administrator. The listing beginning on the next page contains a listing of materials to be used on this project. MASTER Tower Materials Order ITEM # PER TOWER SIZE DESCRIPTION HARDWARE 1 14 1/2 x 10 Machine Bolt (Hot Dipped Galvanized) 2 40 1/2 x 8 Machine Bolt (Hot Dipped Galvanized) 3 14 1/2 x 6 Machine Bolt (Hot Dipped Galvanized) 4 3 boxes 1/2" BOX Hex Nut (50 ea HDG) 5 3 boxes 1/2" BOX Flat Washer (100 ea HDG) 6 50 1/2 x 8 Hex Lag Screw (Hot Dipped Galvanized) 7 10 1/2 x 7 Hex Lag Screw (Hot Dipped Galvanized) 2 112-5 Simpson Hurricane Tie 8 2 H1 -Z Simpson Hurricane Clip Ridge beam 10 2 1/2 x 4 1/2 Bolt Hook (Zinc Plated) 11 2 6" Lift-off Gate Hinge Strap (Zinc Plated) 12 1 3/8-16 x 4 1/2 Forged Eye Bolt (Hot Dipped Galvanized) 13 1 2 3/4" Brown BUCKET Trapease 2 Deckscrew (1750 pcs.) 14 1 #8-18 x 11/4" BOX K Lath Phillips screw (50 ea) 15 1 #6 x 15/8" BUCKET Duraspin collated coarse screws (5.21b) All through blots to be double -nut 2012 Tower materials Order ITEM # PER TOWER SIZE LENGTH Newport Beach Lifeguard Wooden Towers 2018 APP = Appearance Grade. All sizes are approximate. LUMBER Skid 16 2 4X10 14 #1 DF S4S Treated .40 ACQ 17 1 4X6 10 #1 DF S45 TRTD .40 ACQ 18 1 4X8 1 12 #1 DF S4S TRTD .40 ACQ Diagonal Brace 19 2 4X4 10 #1 DF S4S TRTD .40 ACQ Ladder 3 2x6 8 #1 & BTR DF S4S APP = Appearance Main Platform Framing 4 4x4 6 #1 & BTR DF S4S APP vert support 9 4x6 12 #1 & BTR DF S4S APP 1 4x6 8 #1 & BTR DF S45 APP 4 2x6 10 #1 & BTR DF 54S APP braces Jump Deck frame 21 2 4X6 5 #1 & BTR DF S4S APP Brace 5 44 4 #1 & BTR DF S45 APP 1 46 10 #1 & BTR DF S4S APP Main Platform & Jump Facial 25 4 2X8 12 #1 & BTR DF S4S APP platform 1 2x6 10 #1 & BTR DF S4S APP jump deck 2 2x6 4 #1 & BTR DF S4S APP jump deck Guardhouse Door 1 20 SYP T1-11 SIDING 4" OC S/L 1 2x7 19/32 ACX Plywood Backing screwed to face T 1-11 Guardhouse Framing 29 16 2X4 8 #1 & BTR DF 54S APP 30 12 2X4 10 #1 & BTR DF 54S APP 1 11/2 x 3/4 3x7 #1 & BTR DF S4S APP door stops 1 11/2 x 3/4 3x4 #1& BTR DF S4S APP window stops 1 11/2 x 3/4 44 #1 & BTR DF 545 APP window stops 1 11/2 x 3/4 3x4 #1 & BTR DF S45 APP window stops AZEK Decking 31 10 1x4 8 AZEK door/window Trim (White) "Frontier Finish" 32 6 1X6 8 AZEK Deck (Brownstone) "Color" " 33 22 1X6 12 AZEK Deck (Brownstone) 1." Square shoulder Plywood Siding (T-1-111 34 4 4X8X19/32 SYP T1-11 SIDING 4" OC S/L 35 ROOFING 37 3 4x8 19/32 Roof sheathing 5/8 extr grade ACX 38 1 Weather lock self seal ice and water barrier nailed 6" o/c at edges and rafters. 1 -layer torch down granular cap sheet. Cedar tan (color) 39 4 2X2 10 Vinyl "Drip Edge" 2012 Tower materials Order Roof Framing 8 2x4 10 #1 & BTR DF 545 APP 1 2x6 10 #1 & BTR DF S4S APP Ridge 4 1x3 10 AZEK material roof molding Shutters/exterior window covers 1 3x4 5/8 extr grade ACX Plywood 1 4x4 5/8 extr grade ACX 1 3x4 5/8 extr grade ACX NOTES All wood to wood joints to have a wood preservative applied, from sand level and include main platform. All lumber edges and ends to be machine rough sanded to prevent splintering. Windows sills to have 2 x 2 " L' vinyl flashing to prevent water intrusion onto wood siding under window sills. CITY OF NEWPORT BEACH SPECIAL PROVISIONS LIFEGUARD TOWER CONSTRUCTION CONTRACT NO. 7710-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Build Specifications; (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 Drawings 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 At the time of the award and until completion of work, the Contractor shall possess a B - General Building Contractor license. At the start of work and until completion of work, Page 1 of 4 the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of constructing three (3) lifeguard towers for use by the City's Fire Department in lifeguard applications, as shown in the Build Specifications. Construction shall be performed at City of Newport Beach Fire Station No. 7, located at 20401 SW Acacia Street, Newport Beach, CA 92660. 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 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 60 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. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. Page 2 of 4 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 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. 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 One Hundred Dollars ($100.00). 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 7-8 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. 7-10.4 Safety Page 3 of 4 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. Page 4 of 4 EXHIBIT B PROPOSAL Ray Carmody Page B-1 City of Newport Beach Lifeguard Tower Construction (19-18) Bid Results Bidder Details Vendor Name Carmody Construction Company Address 1240 Birch Tree Ct., La Habra, CA 90631 United States Respond" Ray Carmody Respond% Title Owner/Contractor Phone 714-870-4640 Ext. Email carmodyconst@aol.com Vendor Type DGS Bid Detail Bid Format E-mail Submitted July 15, 2019 01:50:52 PM (Pacific) Delivery Method electronic 01:50 PM Bid Responsive Bid Status Submitted Confirmation N WA Ranking 0 Respondee Comment Buyer Comment Attachments File Title Instructions to Bidders Non -Collusion Statement Designation of Subcontractors File Name Instructions to Bidders final.pdf Non -collusion statement final.pdf Designation of Subcontractors fnal.pdf Information Required of Bidder Information Required of Bidder fnal.pdf Proposal Proposal final.pdf All required files combined Ig towers 19 packet.pdf Page 1 Printed 07/15/2019 File Type Bid Form: Instruction to Bidders Bid Form: Non -Collusion Statement Bid Form: Designation of Subcontractors Bid Form: Information Required of Bidder Bid Fonn: Proposal Misc. Information Line Items Discount Terms no discount Type Item Code UOM City Unit Price Line Total Discount Comment Section 1 1 Construction of Lifeguard Tower (refer to specifications in RFB 19-18) EA 3 $20,318.1333 $60,954.3999 $60,954.3999 Subtotal $60,954.3999 $60,954.3999 Total $60,954.3999 $60,954.3999 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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 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 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 Ray Carmody Page C-1 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 contain, the following provisions: 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 (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 Ray Carmody Page C-2 insurance shall be kept on file with City at all times during the term of this Contract. 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 20 38 04 13. 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 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. Ray Carmody 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 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. J. 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. Ray Carmody Page C-4 Bond Issued In Two (2) Counterparts Premium included in Performance Bond EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 4429331 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Ray Carmody I) hereinafter designated as the "Principal," a contract for Lifeguard Tower Construction, to build three (3) new lifeguard towers, located at Fire Station No. 7, 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, SureTec 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 Sixty Thousand Nine Hundred Fifty Four dollar0($60,954.40) 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 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. Ray Carmody *(1) dba: Carmody Construction Co. D-1 *(2) and 40 cents 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 5th day of August 2019 . Ray Carmody dba: Carmody Construction Co. Name of Contractor (Principal) SureTec Insurance Company Name of Surety 2103 CityWest Blvd., Suite 1300, I Iouston, TX 77042 Address of Surety 713.812.0800 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: M Aaron C. Harp City Attorney Author' ed gent Signature Shannon Lopez, Attorney- inTact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Ray Carmody D_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 San Bernardino } ss. On August 5 , 20 ig before me, Jeannie M. Hall, Notary Public Notary Public, personally appeared Shannon Lopez 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(4es), 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. JEANNIE M. HALL Commission No. 2230951 se WITNESS my hand and official seal. d -b NOTARY PUBLIC -CALIFORNIA SAN BERNARDINO COUNTY „ //G,e�/��� /,/L/� i •a•"" My Comm. Expires FEBRUARY it, 2022 Sillggnlaatttuuurr/e (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) Ray Carmody D-3 POA p; 510005 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Peter M. Davis, George A. DeCristo, Shannon Lopez, Beth Kolpien, Epi Carter, Samantha Orf its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifty Million and 00/100 Dollars ($50,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 25th day of June , A.D. 2019 . SURETECI' CE PANY \�SUPANCFcO �a X ., � � By. a w 6 l y John Jr., CW_ State of Texas ss: ?A�, 1 f/Y County of Harris ........ On this 25th day of June , A.D. 2019 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA CHAVEZ .... ya Notary Public, State of Texas Comm. Expires 09-10-2020 ' ...*,c o,,;,,,,o` Notary ID 129117659 Xe avez, Notary Public JW commission expires September I IT, 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. �h Given under my hand and the seal of said Company at Houston, Texas this S day of S+ c?>Q l'q , A.D. . BrebtilBesty, Assilitant Secreta Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812.0800 any business day between 8:30 am and 5:00 pm CST. Bond Issued In Two (2) Counterparts EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 4429331 FAITHFUL PERFORMANCE BOND stated premium is fully earned. Premium is for the contract term and is subject to adjustment hosed onfinal contract rice. The premium charges on this Bond is $ 1,524.00 , being at the rate of $ _25.00 per thousand of the Contract price. ,Itj WHEREAS, the City of Newport Beach, State of California, has awarded to Ray Carmody hereinafter designated as the "Principal," a contract for the Construction of three (3) new Lifeguard Towers, located at Fire Station No. 7, 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 SureTec Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound untqq the City of Newport Beach, in the sum of Sixty Thousand Nine Hundred Fifty Four dollarsz�$60,954.40) 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. 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 the City, only in the event the 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 Ray Carmody *(1) dba: Cannody Construction Co. Page E-1 *(2) and 40 cents 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 the 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 5th day of August 20 lg . Ray Carmody dba: Carmody Construction Co. lwc / -1-1\ Name of Contractor (Principal) Wthortzek ign ure itle SureTec Insurance Name of Surety 2103 Citffest Blvd., Suite 1300, Houston, TX 77042 Address of Surety 713.812.0800 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: A Aaron C. Harp City Attorney Authori I gent Signature Shannon Lopez, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Ray Carmody 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 San Bernardino } ss. On August 5 2019 before me, Jeannie M. Hall, Public Notary Notary Public, personally appeared Shannon Lopez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&} Ware - subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #Tis/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. JEANNIE M. HALL WITNESS my ananofficial hand d l. ' w. Commission No 223095 sea� :y Pb` t' � NOTARY PUBLIC-CAIIrORNIA 2 SAN SERNARDINO COUNTY / /i//'A4wZ-ol ,.�//� My Camm. Expires FE9RUARY 11.2022 112 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) Ray Carmody PoA p: 510005 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AM Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Peter M. Davis, George A. DeCristo, Shannon Lopez, Beth Kolpien, Epi Carter, Samantha Orf its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifty Million and 00/100 Dollars ($50,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the time of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 25th day of June , A.D. 2019 . pFAN SURETEC i$PANY WUi y q:•.O; By: John Kr Jr., Cliltk. State of Texas ss: '1 . l -r County of Harris • •• On this 25th day of June , A.D. 2019 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA r_HAVFZ Notary Public, State of Texas 8 ;y•ag Comm. Expires 09-10-2020 Notary ID 129117659 cXet ' svez, Notary Public ommission expires September I , 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 54h day of �' o? D19 A.D. -9 V Brellit1fleaty, Assi tant Secreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812.0800 any business day between 8:30 am and 6:00 pm CST. Nguyen, Anthony From: EXIGIS RiskWorks <notifications@riskworks.com> Sent: Wednesday, August 28, 2019 4:33 PM To: Nguyen, Anthony Subject: City of Newport Beach: Notice of Waiver for Ray Carmody, DBA Carmody Construction Dear Business Partner, City of Newport Beach has completed its review of the insurance documentation submitted on behalf of Ray Carmody, DBA Carmody Construction and has waived its standard insurance requirements. The following comments were provided: COI addresses "endeavor to notify" certificate holders. Any auto acceptable. No further action is required at this time. You will receive a renewal notice requesting the submission of updated insurance documentation in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at support@exigis.com or 800- 430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 support@exigis.co Organizational Unit: City of Newport Beach -> Fire Department Agreement Name: Lifeguard Tower Construction