HomeMy WebLinkAboutC-7520-2 - Contract for the Construction of Public Works Newport Pier Restaurant DemolitionCONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK°®
NEWPORT PIER RESTAURANT DEMOLITION WITH TIGHT QUARTERS, INC. d`
THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract") is
made and entered into as of this 12th day of April, 2022 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and TIGHT QUARTERS, INC., a California corporation ("Contractor"), whose principal place
of business is 2031 S. Anne Street, Santa Ana, California 92704, 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 provide demolition of the Newport Pier
Restaurant and removal of debris, 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 15 Days Working days commencing upon
issuance of the "Notice to Proceed".
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Contract shall commence on the Effective Date and shall terminate
when the Work is completed in accordance with the terms of this Contract and to the
satisfaction of the City.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Scope of Services, 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; 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 15 Days Working 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 15 Days Working days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One
Thousand Dollars ($1,000.00) 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 Ninety Eight Thousand Seven Hundred Dollars
($98,700.00), 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:
4.2.1. Any loss or damage arising from the nature of the Work;
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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 Telford Cottam 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 Public Works Department. City's Director
of Public Works, 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.
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
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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
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
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(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.
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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
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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
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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
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on its investments during the time period, from the date of withholding of any amounts found
to have been improperly withheld.
23. CONFLICTS OF INTEREST
23.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2. If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this 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: Director of Public Works
Public Works
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.- Telford Cottam
Tight Quarters, Inc.
2031 S. Anne St
Santa Ana, CA 92704
25. NOTICE OF CLAIMS
25.1. 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
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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.).
25.2. 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.
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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 Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
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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]
Tight Quarters, Inc. 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: ' f / i1 12?.
By:eanttC.
� a
Harp
rney
ATTEST:
Date: 6zQ
By: :/�
Leilani I. BroWfi 4/
City Clerk Ie,�%PoA_
CITY OF NEWPORT BEACH,
a California unicipal corporation
Date: �q 1 Z07
By:
Gra . Leung
Cit anager
CONTRACTOR: Tight Quarters, Inc. a
California corporation
Date:
Signed in Counterpart
By:
Telford T. Cottam
Chief Executive Officer
Date:
By: Signed in Counterpart
Monica Cottam
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Tight Quarters, Inc. 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: / i R/� Date:
By: By:
ron . Harp kin► 4 9 • v✓ Grace K. Leung
ity Attorney City Manager
ATTEST: CONTRACTOR: Tight Quarters, Inc. a
Date: California corporation
Date:
By: ByihiifeifExecuti`ve
Leilani I. Brown T. Coam
City Clerk Officer
Date: 12-0- 1Z Z
By:
Monica Cottam
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Proposal
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
Tight Quarters, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
Tight Quarters, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
Contractor shall demolish a restaurant at the Newport Pier, located at 1 Newport Pier,
Newport Beach, as depicted below. Contractor shall be responsible to ensure compliance
with all applicable laws and regulations regarding the demolition. All aspects of demolition
shall be performed by Contractor, including but not limited to, the following:
• Install up to 40 L.F. of bolt down chain link fence with gate at project entrance.
• Provide asbestos abatement per report supplied by Envirocheck.
• File AQMD Notification.
• Remove 3,500 sq. ft. two story wood framed restaurant structure.
• Provide pedestrian traffic control at path of travel to debris container located at
base of Pier parking lot.
• Working hours shall be Monday through Friday, 7 a.m. to 5 p.m., Saturday if
approved by the Engineer.
• Workers are required to comply with all parking rules and regulations.
• Contractor will adhere to standard City BMPs and requirements of the Coastal
Commission de minims determination.
• C21 Demolition license required.
• City building demolition permit required.
• Utilities are off, and conduits will be capped by Contractor.
EXCLUSIONS:
• Permits, Water Meter.
• Erosion control unless otherwise noted.
NOTES:
• Price based on 3-ton maximum load over Pier.
• Price based on prevailing wage rates.
GENERAL REGULATIONS
1. All demolition work must be conducted in a safe and sanitary manner, in
order to prevent injury to persons and damage to capital improvements, infrastructure,
utilities, and streets.
2. Unless otherwise requested, the site shall be left in a good and workmanlike
condition with all trash and debris removed and surface to be clean for future use.
3. After the structure or structures have been demolished, all sanitary sewer
lines, if any, to said structure or structures shall be permanently and securely sealed to
prevent escaping sewer gases, influx of surface water, trash, debris and rodents.
4. Contractor must secure prior permission from the City before the closing of
any street, alley or fire lane.
5. All material the owner does not wish to retain shall be completely removed
from the demolition site.
6. It is Contractors' responsibility to provide adequate equipment for
demolition and removal of all debris from the demolition site. Contractor will mitigate dust
control during demolition, and is responsible for providing all water needed in the
demolition and ensure adequate water is available before commencement of demolition.
7. Contractor is responsible for any and all damage by its agents, employees,
and equipment to curbs, gutters, inlets, walks and streets within a public right-of-way.
8. Cleaning, stacking and sorting of materials for salvage will be permitted on
demolition site.
9. Contractor shall be responsible for properly disposing of any or all asbestos,
or other hazardous materials encountered during the demolition of a structure(s).
10. All state laws concerning handling and disposal of hazardous materials
must be strictly followed.
11. Contractor shall properly dispose of all debris from a demolition site at its
own cost.
12. Contractor shall not commence work until it has received the Order to
Proceed, as set forth below. Prior to issuance of the Order to Proceed, Contractor shall
ensure that all meters, service loops, lines, cables and instruments shall be disconnected,
abandoned and/or removed prior to commencement of any demolition and/or site
clearance. If Contractor finds that any such items have not been disconnected,
abandoned and/or removed, Contractor shall not proceed with the demolition and/or site
clearance until such items have been disconnected, abandoned and/or removed. It is the
duty of the owner and/or Contractor to contact all utility companies, and ensure that all
utilities have been disconnected.
ORDER TO PROCEED
You are here by authorized to proceed with the demolition of the following structure:
Demolition must be completed in (15) fifteen days in accordance with the completion
deadline stated in the Demolition Contract. If no completion date is stated in the Contract,
demolition must be completed within (15) fifteen days of this Proceed Order.
Further, the contractor is responsible for complying with all occupational safety and health
administration (OSHA) rules and regulations.
By signing this document, contractor agrees and represents that all utilities have been
contacted, and all utilities have been properly disconnected and/or removed.
City of Newport Beach
By:
Contractor:
By:
Date:
Date:
EXHIBIT B
PROPOSAL
Tight Quarters, Inc. Page B-1
Ti
OLIAN s
PROPOSAL
Submitted To
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
2031 S. Anne Street, Santa Ana, Ca 92704
Office (714) 557-7901 Fax (714) 241-3820
License #584915
Date: February 1, 2022
Project Infonmation
Contact Information
Restaurant
Phone: (949) 644-3321
1 Newport Pier
Cell: (310) 383-4790
Newport Beach
Email: tsandefur(d-)newaortbeachca.Qov
We hereby submit specifications and estimates for:
Demo:
Install up to 40 L.F. of bolt down chain link fence with gate at project entrance
Provide asbestos abatement per report supplied by Envirocheck
File AQMD Notification
Remove 3,500 sq. ft. two story wood framed restaurant structure
Provide pedestrian traffic control at path of travel to debris container located at base of Pier parking lot
Price based on 3-ton maximum load over Pier
Price based on prevailing wage rates
Exclusions:
Permits, Water Meter
Erosion control unless otherwise noted
VARIATIONS TO THE ABOVE CREATING ADDITIONAL COSTS WILL BE CHARGED ACCORDINGLY.
Furnishing material and labor -complete in accordance with above specifications, for the sum of:
Ninety Eight Thousand Seven Hundred Dollars`*** $98,700.00
PROGRESS PAYMENT DUE UPON RECEIPT
And/or PAYMENT DUE 100% ON COMPLETION
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
Provision of Insurance. Without limiting Contractor's indemnification of City, and prior
to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Contract, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VI I (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, employeesand 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
Tight Quarters, Inc. 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.
D. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability of no
less than $5,000,000 per loss and $5,000,000 in the aggregate per policy
period. Claims -made policies require a 10-year extended reporting period.
The CPL policy shall include coverage for cleanup costs, third -party bodily
injury and property damage, including loss of use of damaged property or of
property that has not been physically injured or destroyed, resulting from
pollution conditions caused by contracting operations. Coverage as required
in this paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not contain
any provision or exclusion (including any so-called "insured versus insured"
exclusion or "cross -liability" exclusion) the effect of which would be to prevent,
bar, or otherwise preclude any insured or additional insured under the policy
from making a claim which would otherwise be covered by such policy on the
grounds that the claim is brought by an insured or additional insured against
an insured or additional insured under the policy.
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,
Tight Quarters, Inc. Page C-2
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
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is cancelled
or reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of insurance
required by giving Contractor ninety (90) calendar days advance written notice
of such change. If such change results in substantial additional cost to
Contractor, City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on City,
or its employees. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Contractor
Tight Quarters, Inc. Page C-3
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.
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.
Tight Quarters, Inc. Page C-4
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.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
Tight Quarters, Inc. Page C-5
Bond # GFB7306376
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. GFB7306376
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Tight
Quarters, Inc. hereinafter designated as the "Principal," a contract for the Construction of
Newport Pier Restaurant Demolition located at Newport Pier , 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, Old Republic
Surety 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 Ninety
Eight Thousand Seven Hundred Dollars and 00/100 ($98,700.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable
by the City of Newport Beach under the terms of the Contract; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
attomeys' 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.
Tight Quarters, Inc. D_1
Bond # GFB7306376
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 28th day of April , 2022
TIGHT QUARTERS INC
Name of Contractor (Principal)
Old Republic Surety Company
Name of Surety
515 W Landscape Place Suite 102
Sioux Falls SD 57108
Address of Surety
605-401-0359
Telephone
APPROVED AS TO FORM:
CITY ATTORNEYx'S OFFICE
Date: 5 /Cl 12Z
0
C. Harp
tto rn ey
1 Cottam
DEO/President
Karen A Linder Attorney in Fact
Print Name and Title
NOTARY ACKNOV'✓LEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Tight Quarters, Inc. D-2
OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
KAREN A. LINDER, CYNTHIA A. MCKINNEY, SARAH M. MARINELLI, ALEKA D. BRIDGES, OF SACRAMENTO, CA
its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the
seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, sell'insurance workers
compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all ofthe acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority ofthe board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and
sealed by facsimile under and by the authority ofthe following resolutions adopted by the board of directors ofthe OLD REPUBLIC SURETY COMPANY on
February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal ofthe company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal ofthe company may be affixed by facsimile to any Power of Attorney or
certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations ofthe company; and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 26TH day of JANUARY, 2022.
OLD REPUBLIC SURETY COMPANY
Assistant Secretary s SEAL
a
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS ".... president
On this 26TH day of JANUARY, 2022 personally came before me, Alan Pavlic and
Karen J Haffner to me known to be the individuals and officers ofthe OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution ofthe same, and being by me duly sworn, did severally depose and say; that they are the said officers ofthe
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
Y ,
tkpT,tq
6eL+°I Notary Public _, „..,..._,..._.
My commission expires: 9/28/2022
CERTIFICATE
(Expiration of notary commission does not invalidate this instrument)
1, the undersigned, assistant secretary ofthe OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthennore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
3 1- 1259 Signed and sealed at the City of Brookfield, WI this day of,
A,OAIF,
n SEAL
e
CONSTRUCTION SERVICES INS AGCY
Assistant Secretary
22851 W Nonoxs 102020
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 (`� rc.. n ci ) ss.
On M o- 31 , 20 a before me, ,e i _
Notary Publ , personally appeared
who proved to me on the basis of satisfactory evidence to be the person(gwhose name(;w) is/ax-e
subscribed to the within instrument and acknowledged to me that he/s#te/thoyexecuted the same
in his/Ier/their authorized capacity(ieS), and that by his/berr/the signatures(2J on the instrument
the person(s), or the entity upon behalf of which the person(4 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.
Y
my hand and officials I- _t
LE& A MELLO
m COMM ... 2249514
m� NOTARY PUBLIC-CALIFORNIA —1
m o .;, ORANGE COUNTY W
My Term Exp. July 12, 2022
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.
(seal)
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)
Tight Quarters, Inc.
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 Sacramento )
On 04/28/2022
before me,
Joe Balbiani Notary Public
(insert name and title of the officer)
personally appeared Karen Alaine Linder
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
/^ JOE BALBIANI
CmM # 237664 ,C,ryry
/ NOTARY UBL C-CA.LIFORl;IA UI
Signature (Seal)
Bond # GFB7306376
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. GFB7306376
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 2,961.00 , being
at the rate of $ 30.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Tight
Quarters, Inc. hereinafter designated as the "Principal," a contract for the Construction of
Newport Pier Restaurant Demolition located at Newport Pier 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 Old Republic Surety Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Ninety Eight
Thousand Seven Hundred Dollars and 00/100 ($98,700.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount of the Contract,
-to be paid to the Cityof NewportBeach, 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 harrrnless
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
Tight Quarters, Inc. Page E-1
Bond # GFB7306376
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 28th day of April o, Z 2_0�22._
TIGHT QUARTERS INC
Name of Contractor (Principal) Xthefized Signature/Title Telford Cottam
RMO/CEO/President
Old Republic Surety Company
Name of Surety Authoriz gent gnature
515 W Landscape Place Suite 102
Sioux Falls SD 57108 Karen A Linder Attorney in Fact
Address of Surety Print Name and Title
605-401-0359
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ZL
By: 61X _ (I�L r\
a on C. Harp
Ky Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Tight Quarters, Inc. Page E-2
*
OLD
REPUBLIC SURETY COMPANY
*
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does snake, constitute and
appoint:
KAREN A. LINDER, CYNTHIA A. MCKINNEY, SARAH M. MARINELLI, ALEKA D. BRIDGES, OF SACRAMENTO, CA
its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the
seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and
sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on
February 18,1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 26TH day of JANUARY, 2022,
Assistant Secretary
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
OLD REPUBLIC SURETY COMPANY
cdsroeaq_ a:.r
n SEAL
r.
President
On this 26TH day of JANUARY, 2022 personally came before me, Alan Pavlic and
Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
Ufa rr
Notar Public
My commission expires: 9/28/2022
CERTIFICATE
(Expiration of notary commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
31-1259
n SEAL
CONSTRUCTION SERVICES INS AGCY
Signed and sealed at the City of Brookfield, WI this day of�,
Assistant Secretary
22851 W r'onoxS 102020
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 Sacramento
On 04/28/2022
before me,
Joe Balbiani Notary Public
(insert name and title of the officer)
personally appeared Karen Alaine Linder
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
cnc�mi. # 22376e4
NOiARY PUBLIC - CALIFORNIA
S.CRAB.va COUNTY
•r Mf Comm. ESP. MAY 9. 2tl 0
�sturiwo>
(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 0 ra n q )SS.
On 20 1 be ore me, 9e i
Notary Publk, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(Kwhose name(,v) is/ate
subscribed to the within instrument and acknowledged to me that he/sl-ie/thopexecuted the same
in histef/their authorized capacity(ies), and that by his/her/the signatures(° on the instrument
the person(), or the entity upon behalf of which the personal 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.
WIT NE my hand and official s I.
Ignature
LEISHA MELLO
COMM ... 2249514 0
NOTARY PUBLIC-CALIFORNIA -i
o ORANGE COUNTY W
My Term Exp. July 12, 2022
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.
(seal)
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)
Tight Quarters, Inc.
City of Newport Beach
Insurance Compliance
PO Box 100085 - FV
Duluth, GA 30096
May 26, 2022
Tight Quarters, Inc.
2031 S. Anne St.
Santa Ana, CA 92704
Reference Number: 7520-2
This Account has moved from non -compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely
City of Newport Beach
Compliant Notice [CA1 ]