HomeMy WebLinkAboutC-8821-2 - 29th Street Public Piera
N CITY OF NEWPORT BEACH
40
NOTICE INVITING BIDS
v
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 3 PM on the 13th day of. December, 2023,
at which time such bids shall be opened and read for
29th Street Public Pier
Contract No. 8821-2
$388,500
Engineer's Estimate
Approved by
/ James M. Houlihan
eputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via (Select One)
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Mouse Graphics at (949) 548-5571
659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project; "A"
For further information, call Chris Miller, Project Manager at (949) 644-3043
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www. newportbeachca.gov/government/data-hub/on line-services/bids-rfps-vendor-
registration
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18
INFORMATION REQUIRED OF BIDDER..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIAL PROVISIONS............................................................................................ SP-1
2
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any, Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each 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 rev'
797052 A f
Contractor's License No. & Classification t d Signature/Title
1000047675 6/30/2024
DIR Registration Number & Expiration Date
PETER SWIFT
Bidder
5
l 2 - 1-3
Date
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID
Dollars ($ 10% ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of 291" Street
Public Pier. Contract No. 8821-2 in the City of Newport Beach, is accepted by the City Council
of the City of Newport Beach and the proposed contract Is awarded to the Principal, and the
Principal fails to execute the Contract Documents in the form(s) prescribed, including the required
bonds, and original insurance certificates and endorsements for the construction of the project
within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise
this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this 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.
Witness our hands this 12TH day of DEC
SWIFT SLIP DOCK & PIER BUILDING, INC.
Name of Contractor (Principal)
THE OHIO CASUALTY INSURANCE COMPANY
Name of Surety
790 THE CITY DRIVE SOUTH #200 ORANGE. CA 92868
Address of Surety
949-316-1810
Telephone
2t)23.
(4570
'gn elTit
Agent Signatur
KEVIN E. VEGA, ATTORNEY -in -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety, must be attached)
R
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES ) ss.
On DECEMBER 12TH 2023 before me, PHILIP VEGA
Notary Public, personally appeared KEVIN E. VEGA
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. _Notary Public . California
*.M
i,n% Angeles County
Gammission S 2327592
Comm. Expires May 31, 202a , j)
Signature
OPTIONAL INFORMATION
Date of
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Slgner(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other.
Other Information:
(seal)
Thumbprint of Signer
[] Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
A notary public or other officer completing tnis
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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
(seal)
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
10�Mutual. The Ohio Casualty Insurance Company Cerlifir:aleNo 8205638-969577
SURETY west American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Britton
Christiansen: Kevin E. Vcga; Myrna Smith- Philip E. Vega
all of the city of Covina state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deriver, for and on its behatI as surety and as its act ar Teed, any and aIt undertakings, bonds, r"IIizances and other Surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of bile Companies have been affixed
thereto this 24th day of May , 2021 .
ml State of PENNSYLVANIA
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County of MONTGOMERY ss
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JptiIN �tY INS& tNSUR9 The Ohio Casualty insurance Company
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On this 24th day of May , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
iN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seat at King of Prussia, Pennsylvania, on the day and year first above written.
SP PAST
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows:
ARTICLE IV— OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose In writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such alomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. Man so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or ettomey-in-tact under the
Provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitabons as the chairman or the president may presuibe.
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such aftomeys-in-fact subject to the limitations set forth in their respective powers of atiomey, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The Presidunt of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint soch ahurneys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Cornpanys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
Ole same force and effect as though manually affixed.
I, Renee C. Llewel'yn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certity that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, r have hereunto set my hand and affixed the seals of said Companies this 12th day of December 2023
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ORGANIZATIONAL RESUME
Owner: Peter Swift- Studied business at the University of California Los Angeles, then
Started Swift Slip in Newport Beach in 1985. He was selling life insurance in the early
eighties and wasn't satisfied; "I wanted to be selling something tangible, something you
can see... something I could be proud of." When a repair job on a dock for his girlfriend's
father gave Pete the sense of accomplishment and enjoyment he was looking for, he
began looking for work doing dock maintenance, painting or whatever came his way. A
year later, Pete and Tom, also with a degree in business, joined forces as co -owners of
Swift Slip.
Owner/Project Manager: Thomas Swift- Studied business in San Diego State
University, later joined Swift Slip in 1985 were he started managing electrical and
plumbing, currently is a production manager and over sees all deliveries. Now has over
36 years of experience in the dock business on top of electrical and plumbing
experience. He has managed countless large jobs including our most recent $350,000
project with Exbon Development for the City of Long Beach, which was done in two
phases.
Chief of Contractor Quality Control: Mark Leaf- Has 29 years' experience in the dock
and pier business. In that time he has been the Special Projects Manager in charge of
site mapping, pile locating and driving, and is Swift Slip's lead Safety Officer. Mark has
looked over nearly every residential job in the City of Newport, Navy, and Marine
projects in San Diego.
On -Site Superintendent: Troy Thurston- Is a San Diego native with 29 years in the
dock business. He oversees all demolitions and installations for Swift Slip. He was
Project Manager for one of Swift Slip's largest jobs in the County of Orange for Orange
Coast College; a project that valued over $1,000,000. He also is part of the lead team
that assisted Mark Leaf with the Navy and Marine projects in San Diego.
General Manager: Ben Swift- Ben is the second generation of Swift Slip. After studying
Psychology at San Diego State University, he worked in a commercial sales position at
Fox Factory in San Diego for 5 years. From there he transitioned into a management
role for Swift Slip back where he was raised in Newport Beach. With a strong
compassion for client and employee relations, Ben has worked to grow an already strong
company culture with the importance of a family legacy in mind. With a wealth of
knowledge between his father and uncle along with some long established employees, it
has been an easy transition starting in 2016 to now with the company setting records in
revenue, profit, and establishing employee benefit programs to not just keep the
company growing but also making this an employer of choice, and a company new and
returning clients seek.
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor has carefully examined the location of the
work, has read the Instructions to the Bidders, has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials except that material supplied by the
City and shall perform all work required to complete Contract No. 8821-2 in accordance with
the Plans and Special Provisions, and will take in full payment therefore the following unit
prices for the work, complete in place, to wit:
12/13/2023
Date
714-293-6661,714-509-0618
Bidder's Telephone and Fax Numbers
797052 A
PETER SWIFT
Bidder
c,
Bier's Authorized Signature and Title
1719 SKYLARK LANE NEWPORT BCH
Bidder's License No(s). Bidder's Address
and Classification(s)
1000047675
DIR Registration Number
Bidder's email address:
PETE.SWIFTSLIPQ-SBCGLOBAL.NET PR-1
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No. 1
Project Name/Number PORT OF SAN LUIS DOCK REPLACEMENT
Project Description REMOVAL AND REPLACEMENT OF LAUNCH DOCK
Approximate Construction Dates: From 5/15/23 To: 6/20/23
Agency Name PORT DISTRICT SAN LUIS OBISPO
Contact Person CHRIS MUNSON Telephone (805) 595-5419
Original Contract Amount $338,050 Final Contract Amount $ 338,050
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against youlContractor? If yes, briefly explain and indicate outcome of claims.
NO
10
No. 2
Project Name/Number ROAD RUNNER
Project Description INSTALLATION OF A NEW MARINA
Approximate Construction Dates: From 2/23 To: 6/23
Agency Name SHOLL ENTERPRISES
Contact Person GARRET SHOLL Telephone (928) 662-8321
Original Contract Amount $187,850 Final Contract Amount $ 207,850
If final amount is different from original, please explain (change orders; extra work, etc.)
CHANGE ORDER CUSTOMER ADDED WORK
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
No. 3
Project Name/Number SEA HARBOR
Project Description REPLACE MARINA
Approximate Construction Dates: From 9/1/21 To: 1117122
Agency Name SEA HARBOR HOA
Contact Person PETE EVANS Telephone (714) 608-6004
Original Contract Amount $ 333,775 Final Contract Amount $ 333,775
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
11
No. 4
Project Name/Number EXBON QUEEN MARY
Project Description REMOVAL OF EXISTING LIFEBOATS
Approximate Construction Dates From 1/2022 To: 5/2022
Agency Name CITY OF LONG BEACH
Contact Person YATINDRA SHAH Telephone (714) 539-2222
Original Contract Amount $ 354,174 Final Contract Amount $ 354,174
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
No. 5
Project Name/Number MCRD NORTH DOCK REPAIRS/SDM20-R-13717
Project Description REPAIR EXISTING MARINE CORPS RECRUITMENT DOCK
Approximate Construction Dates: From 3/2021 To: 6/2021
Agency Name MARINE CORPS RECRUITMENT DEPOT SAN DIEGO
Contact Person RICHARD SCOTT Telephone (760) 725-6364
Original Contract Amount $205,810 Final Contract Amount $ 205.810
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
12
No. 6
Project Name/Number NAVY NRSW FLEET & FAMILY READINESS PROJECT
Project Description NAVY MARINA NORTH DOCK REPAIRS
Approximate Construction Dates: From 10/2018 To: 3/2019
Agency Name U.S. NAVY
Contact Person JAMES SITAR Telephone (619) 532-2549
Original Contract Amount $620,000 Final Contract Amount $ 620,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
Attach additional sheets if necessary
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
r, A
PETER SWIFT t.
Bidder Afithorized Signature/Title
13
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of flr Ct h�,
v" '�'-" �� , beingfirst duly sworn deposes and says that he or she is
Y Y
� of _ ' w i F 'j` S L- i P 71ii1 C , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State o lif ni th h oing is true and correct.
CXFO
Bidder Qhorized Signature/Title
Subscribed and sworn to (or affirmed) before me on thisjday of 0��R R , 2023
by E7EK GAM)&u SwTJ=Y proved to me on the basis of
satisfactory evidence to be the person(t) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
c .° r JAYDEN GABRIEL KLEIN
-
[SEAL] z,x_..
Notary Public • California =
Z
Orange County
r
Commission ., 2317932
°� „ ."`
My Comm. Expires Jan 6, 2024
14
tart' Public
My Commission Expires: 6
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
DESIGNATION OF SURETIES
Bidders name SWIFT SLIP DOCK & PIER BUILDERS, INC.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
THE OHIO CASUALTY INSURANCE COMPANY (SURETY)
790 THE CITY DRIVE SOUTH #200
ORANGE, CA 92868
949-316-1810
C&D BONDING & INSURANCE SERVICES (BROKER)
534 E. BADILLO ST.
COVINA, CA 91723
626-859-1000
15
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name SWIFT SLIP DOCK & PIER
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record !
Record
Record
Year of
for
for
for
for
for
Record
2022
2021
2020
2019
2018
Total
2023
No. of contracts
TBD
5,475,000
4,300,000
4,800,000
4,900,000
5,100,000
24,575,000
Total dollar
Amount of
Contracts (in
0
0
0
0
0
0
0
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
workday cases
involving
permanent
transfer to
0
0
0
0
0
0
0
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder SWIFT SLIP DOCK & PIER BUILDERS, INC.
Business Address: 6351 INDUSTRY WAY WESTMINSTER, CA 92683
Business Tel. No.: 949-631-3121
State Contractor's License No. and
Classification: 797052 A
Title
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those record,s1
Signature of r
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED
17
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.
O7ECE4i6eR t3'^ ;20 ?3 before me, agyoEnl i41C1E� LA N
Notary Public, personally appeared PfW GA -I P&eLL Si,, T
who proved to me on the basis of satisfactory evidence to be the person(s) whose name) is/are
subscribed to the within instrument and acknowledged to me that he/shelt#:tey executed the same
in his/hef/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.
*my
.IAYDEN GA6RiELKLEIN
WITNESS my hand and official seal. _ Notary Public - CaliforniaOrange CountyCommission n 2317932 Comm, Expires Jan 6, 2fl24
S' atul;(seal)
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
12-13" 20/Z 3
21C�foKi/+Aiio r.1 oF' �DD[-fL
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO / CFO / COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
C
Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name PETER SWIFT
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
18
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: SWIFT SLIP DOCKS
Business Address: 6351 INDUSTRY WAY WESTMINSTER CA 92683
Telephone and Fax Number: 949-631-3121 714-509-0618
California State Contractor's License No. and Class: 797052 A
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 7/3/2001 Expiration Date: 7/31/2025
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:
PETER SWIFT CEO
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
PETER SWIFT CEO 1719 SKYLARK LN NEWPORT 92660 714-293-6661
Corporation organized under the laws of the State of CALIFORNIA
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N/A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N/A
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner/agency? If so, explain.
NO
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
m
Are any claims or actions unresolved or outstanding? Yes No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive. r
(Print name of Owner or President
of Corp i
n/Co any)
4 /X_/'
Bidder Au rized Signature itle
CEC)
Title
/ 2-
Date
On fl 64? 13"'L&Sbefore me, 734�'fOZA)AfeAT2& '4—fTt) , Notary Public, personally appeared
yWrele C,AMedecL 5t✓=F'r , who proved to me on the basis of
satisfactory evidence to be the person(*.) whose name(s) is/fie 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/lfer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
1 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.
N ary Public in and for said State
My Commission Expires: !Z/4oA-2"y
21
>,, JAYDEN GABRIEL KLEIN
r-: ,? �:
_ Notary Pub4ic •California z
'p Otange County g
(SEAL) Commission # 2317432
+���u�"�'� My Comm. Expires Jan 5, 2024
29TH STREET PUBLIC PIER
CONTRACT NO. 8821-2
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day
of January, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and SWIFT SLIP DOCK & PIER
BUILDERS, INC., a California corporation ("Contractor"), whose address is 6351 Industry
Way, Westminster, CA 92683, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of installing a new floating,
dock, dock support piles, access gangway, and gangway platform. Existing utilities
and, other features are to be protected in place. (the "Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 8821-2, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Two Hundred Forty Four Thousand Eight Hundred Ninety
Dollars ($244,890.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Peter Swift to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public
Works Director, or designee, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or designee shall
represent City in all matters pertaining to the Work to be rendered pursuant to this
Contract.
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
Swift Slip Dock & Pier Builders, Inc. Page 2
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Peter Swift
Swift Slip Dock & Pier Builders, Inc.
6351 Industry Way
Westminster, CA 92683
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
Swift Slip Dock & Pier Builders, Inc. Page 3
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
Swift Slip Dock & Pier Builders, Inc. Page 4
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
Swift Slip Dock & Pier Builders, Inc. Page 5
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
Swift Slip Dock & Pier Builders, Inc. Page 6
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et 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.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
Swift Slip Dock & Pier Builders, Inc. Page 7
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
Swift Slip Dock & Pier Builders, Inc. Page 8
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
pw�Ti%11y/ :11 V
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Swift Slip Dock & Pier Builders, Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 - 7
By:
ro C. H
�/
Attorn y it
ATTEST:
Date: ,
: 11111PRITrIll1�11/
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: z/27 idZY
Will O'Neill
Mayor
CONTRACTOR: Swift Slip Dock & Pier
Builders, Inc, a California corporation
Date:
Signed in Counterpart
Bv:
Peter Swift
Chief Executive Officer, Secretary
Date:
Signed in Counterpart
By:
Thomas Neal Swift
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Swift Slip Dock & Pier Builders, Inc. Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 - 7 -2�4
By:
_ d,,= —
faro C. HVp
it, Attorn y
Y
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: Swift Slip Dock & Pier
Builders, Inc, a California corporation
Date: .2 y ' 2-
By:
Peter Swift
Chief Executive Officer, Secretary
Date: Z `� `i• a� t
By:
Thomas Neal Swift
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Swift Slip Dock & Pier Builders, Inc. Page 10
EXECUTED IN 2 ORIGINAL COUNTERPARTS
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 024272041
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Swift
Slip Dock & Pier Builders, Inc hereinafter designated as the "Principal," a contract for The
work necessary for the completion of this contract consists of installing a new floating
dock, dock support piles, access gangway, and gangway platform. Existing utilities and
other features are to be protected in place. 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,
THE OHIO CASUALTY 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 Two
Hundred Forty Four Thousand Eight Hundred Ninety Dollars ($244,890.00) 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 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
Swift Slip Dock & Pier Builders, Inc. Page A-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 12TH day of FEBRUARY , 2024
r�
SWIFT SLIP DOCK & PIER BUILDERS, INC.
Name of Contractor (Principal)
THE OHIO CASUALTY INSURANCE COMPANY
Name of Surety
534 E. BADILLO ST. COVINA, CA 91723
Address of Surety
626-859-1000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 - 2-1-2-el
By: l
��—Z'Zf— on C. arp rns
Ity Att r .2Ay/Zc�
Authorized Sig ture tie
Authoriz Agent Sig ture
KEVIN E. VEGA, ATTORNEY -in -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Swift Slip Dock & Pier Builders, Inc. Page A-2
CALIFORNIA• • •WLEDGMENT CIVIL CODE § 11•.
a _a _sue .a_-�..T.-aC., v�.._a•_.� _sv_aQ_a. _a _a _qt_a. _a. a ,a a. _a.-v..va. -A _q. _a. _a _a a _c� _a. _ai_a•_a _a•_z� ..a. a a _.a.a. a�:�...
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 OminCPC. )j j� JA' r
On 1:,A� �f 11At;w;z4 before me, V`'c lam, tt,l 41
Date ' l J ,� Here Insert Name and Title of the Officer
j�
personally appeared C t'Gx G w k ':`/C
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persor�* whose name,(s) is/aFe
subscribed to the within instrument and acknowledged to me that he/Slab/they executed the same in
his/heTnthair authorized capacity(ie&), and that by his/her/their signature(o} on the instrument the persor4o,
or the entity upon behalf of which the persons}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
90my
K—WITNESS my hand and official seal.
Notary Public - California_ Orange CountyCommission # 2477901Signature Comm. Expires Jan 26, 2028
Signature of N to Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Liberty
.Mutual®
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8205638-969577
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies*), pursuant to and by authorityherein set forth, does hereby name, constitute and appoint, Britton
Christiansen; Kevin E. Vega; rvlyrna Smith; Philip E. Vega
all of the city of Covina state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 24th day of May , 2021 .
Liberty Mutual Insurance Company
1NsuR ',zV 1Nsu v4suR The Ohio Casualty Insurance Company
ay�m ��=roaPOgrF�y� �P=oaPOR,foy0 West American Insurance Company
L
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D.,vid M r.nrav A-is,nnt Racretary
@ State of PENNSYLVANIA
r County of MONTGOMERY ss
" On this 24th day of May 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance U
o is Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
> therein contained by sionina on behalf of the ceroorations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
yN PAS,,
Q�G JN WE F< Commonwealth o1 Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
of Mwagomerytajnry
My commits q expires March 2a, %25 By:
C°mmiesion nvrnber 1126044
{- 'ySYV14 �G Member. Pennsylvania ASso lint , of Wvns BreSa Paste
�ARy W�®�
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizarlces and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of aftomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or affomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act an behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify thatthe original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of February 2024
1NSt7R tit'l INSU � 1NSUk
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of LOS ANGELES
On February 12th, 2024
) ss.
before me, PHILIP VEGA, NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared KEVIN E. VEGA
Name(s) of Signer(s)
>L OF PHILIP VEGA
s Notary Public •California
$ Los Angeles County
Commission # 2327592
Y �gUfp0.N\p My Co m, E vrMay
31, 2024
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 anS�correct.
WITNESS my hand and
OPTIONAL
ature:
of Notary
Though the information below is not required by law, it may prove valuable to persons relying on the do/rent an Id event fraudulent removal
and mattachment of this form to another document.
Description of Attached Document
Title of Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑
Corporate Officer Title(s):
❑
Partner - ❑ Limited ❑ General
❑
Attorney in Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer is Representing:
Too of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Top of thumb here
CA\DD\02000.50111\10151761.2 22 (UPDATED: 01-19)
EXECUTED IN 2 ORIGINAL COUNTERPARTS
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 024272041
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 4,673.00 , being at the
rate of $ 19.08 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Swift
Slip Dock & Pier Builders, Inc hereinafter designated as the "Principal," a contract for The
work necessary for the completion of this contract consists of installing a new floating
dock, dock support piles, access gangway, and gangway platform. Existing utilities and
other features are to be protected in place. 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 THE OHIO CASUALTY INSURANCE
COMPANY , duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Forty Four Thousand Eight Hundred Ninety Dollars ($244,890.00) lawful money
of the United States of America, said sum being equal to 100% of the estimated amount
of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Swift Slip Dock & Pier Builders, Inc. Page B-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 12TH day of FEBRUARY 12024
SWIFT SLIP DOCK & PIER BUILDERS, INC.
Name of Contractor (Principal) Authorized Signa re/Title
THE OHIO CASUALTY INSURANCE COMPANY isi S4
Name of Surety Authorized, gent SignaturW
534 E. BADILLO ST. COVINA, CA 91723
Address of Surety
626-859-1000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2- �Zi-21
By:
aro C. rp ms
it Attor ey a�s��ZY
KEVIN E. VEGA, ATTORNEY -in -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Swift Slip Dock & Pier Builders, Inc. Page B-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 Darby Payne Hawke Driskill,
County of di i!�1\ e ssNotary Public
On V- PVCV 'J . 20 before me, ,
Notary Public, personally appeared of !j 'j - ,
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 helshe/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. 4r DARBY PYE AN
REC.1 Ty HAWKE DRISKILL
WITNESS my hand and official seal. ,, comM z 2382150 IX
ORANGE county
r ''California Notary Public
of ....... . ....... —.. I .... I ..... I ...........
qL NAP Comm Exp Nov. 7. 2025
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
(seal)
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)
Swift Slip Dock & Pier Builders, Inc. Page B-3
Liberty
.Mutual®
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated,
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Cerbfcate No: 8205638-969577
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the'Companies'), pursuant to and by aullicrity herein set forth, does hereby name, constitute and appoint, Britton
Christiansen: Kevin E. Vega; Myrna Smith; Philip E. Vega
all of the city of Covina state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 24th day of May , 2021 .
C
@
— `ra State of PENNSYLVANIA
2 EX
:3 County of MONTGOMERY ss
Liberty Mutual Insurance Company
SNSUR �ZV INSG INS El The Ohio Casualty Insurance Company
ti�P�°ap°R, gyc y�P�oaP°R,l ivy �P ooaPO 4r9yC, West American Insurance Company
J 3 Fa M1� sc 3 Fo C� 3 Fo r"
r41912ryo 0 1919 f 1991 0"
rd39s'yacHusE aa3 e4.h�MpS'' dD YS Nou>+P- aaBy
$ r Nam.
nnvid M r .)rPv Assistant S[ rratary
a) On this 24th day of May 2021 before me personally appeared David M. Care who acknowledged himself to be the Assistant Secrete of Ube Mutual Insurance
� Y Y P Y PP Y, 9 Secretary Liberty
a o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
> therein contained by sionino on behalf of the coroorations by himself as a duly authorized officer.
_-O
in
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
yp PAST
pNw F� Commonwealth o1 Pennsylvania - Notary seal
Teresa Pastalla, Notary Public
Monlgomry County
OF My commi-s expues March 79, 2025 By
Cannassion rwmbef 112W"
41 Member, PrnnsyNania A53MUon of Nulariee
NARY �gv
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLEIV— OFFICERS: Section 12. PowerofAttomay.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizarices and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe.
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings.
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of February 2024
v 1NSUR '11 INSUp1NSUR4
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By:
'f CHU5 D /yAMp5 da �M vNoiArP da Renee C. n, Assistant Secrete �41 Llewellyn, Secretary
LMS-12873 LMIC WC WAIC Multi Ca 02121
0
CALIFORNIA ALL-PURPOSE 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
} ss.
County of LOS ANGELES
On February 12th, 2024 before me, PHILIP VEGA, NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared KEVIN E. VEGA
Name(s) of Signer(s)
PHI
LIP 'VEGA
S N
Notary Public - California
LosAngeies County
Ccmmission � 2327592
My Comm. Expires -,MY 31, 2024
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.
OPTIONAL
ature:
of Notary
Though the information below is not required by law, it may prove valuable to persons relying on the document Vojd event fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title of Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑
Individual
❑
Corporate Officer Title(s):
❑
Partner - ❑ Limited ❑ General
❑
Attorney in Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer is Representing:
CXDM02000.50111 \10151761.2
Too of thumb here
22
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Too of thumb here
(UPDATED: 01-19)
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
Swift Slip Dock & Pier Builders, Inc. Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance
or an installation floater as directed by City, covering damages to the Work
for "all risk" or special causes of loss form with limits equal to 100% of the
completed value of the Contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
E. 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
Swift Slip Dock & Pier Builders, Inc. Page C-2
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
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.
Swift Slip Dock & Pier Builders, Inc. Page C-3
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.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
Swift Slip Dock & Pier Builders, Inc. Page C-4
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.
Swift Slip Dock & Pier Builders, Inc. Page C-5
City of Newport Beach
PROJECT TITLE
Contract No, 8821-2
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor has carefully examined the location of the
work, has read the Instructions to the Bidders, has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials except that material supplied by the
City and shall perform all work required to complete Contract No. 8821-2 in accordance with
the Plans and Special Provisions, and will take in full payment therefore the following unit
prices for the work, complete in place, to wit:
12/13/2023
Date
714-293-6661,714-509-0618
Bidder's Telephone and Fax Numbers
797052 A
Bidder's License No(s).
and Classification(s)
1000047675
DIR Registration Number
PETER SWIFT
..-
Bidder's Authorized Signature and Title
1719 SKYLARK LANE NEWPORT BCH
Bidder's Address
Bidder's email address:
PETE.SWIFTSLIP(cDSBCGLOBAL.NET PR-1
City of Newport Beach
PROJECT TITLE
Contract No. 8821-2
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach, Bidders must also include
DIR registration numbers for each subcontractor. 1
Bidder IAuthorized Signature/Title
City of Newport Beach Page 1 of 4
29th Street Public Pier (8821-2), bidding on 12/13/2023 3:00 PM (PST/ Primed 12/13/2023
Bid Results
Bidder Details
Vendor Name Swift Slip Dock & Pier Builders, Inc
Address
6351 Industry Way
Westminster, California 92683
United States
Respondee
PETER SWIFT
Respondee Title
CEO
Phone
949-631-3121
Email
PETE.SWIFTSLIP@SBCGLOBAL.NET
Vendor Type
CADIR
License #
797052
CADIR
Bid Format
Electronic
Submitted
12/13/2023 2:25 PM (PST)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
356619
Respondee Comment
SECONDARY EMAIL MARISSA@SWIFTSLIPDOCKS.COM
Buyer Comment
Attachments
File Title File Name File Type
BID SUBMITTAL C-8821-2 SWIFT SLIPpdf BID SUBMITTAL C-8821-2 SWIFT SLIPpdf General Attachment
BID SUBMITTAL C-8821-2 SWIFT SLIP BID BOND (2).pdf BID SUBMITTAL C-8821-2 SWIFT SLIP BID BOND (2).pdf Bid Bond
BID SUBMITTAL C-8821-2 SWIFT SLIP BID BOND (2).pdf BID SUBMITTAL C-8821-2 SWIFT SLIP BID BOND (2).pdf Bid Bond
PlanetBids
City of hlewport Beach
29th Street Public Pier (8821-2), bidding on 12/13/2023 3:00 PM (PST)
Page 2 of 4
Printed 1211312023
Subcontractors
Showing 7 Subcontractor
Name & Address Desc License Num
South Waterfront Construction Corp CONCRETE PILE 957414
1730 Pomona Ave. INSTALLATION
Suite 11
Costa Mesa, California 92627
CADIR Amount Type
PW-LR-100089956i $61,000.00
PlanetBids
City of Newport Beach
29th Street Public Pier (8821-2), bidding on 12/13/2023 3:06 PM (PST)
Page 3 of 4
Printed 12/13/2023
Line Items
Discount Terms No Discount
Item If Item Code Type
Item Description
Imported Items
1
Mobilization/Demobilization/General Requirements
2
Prepare and Implement Construction Staging
3
Prepare and Implement Site BMP Plan
4
Demolish and Dispose of Existing Floating Dock and Piles to Facilitate Installation of New Floating Dock
5
Construction Waste Management and Disposal Fees
6
Furnish and Install Railing
7
Furnish and Install Aluminum Gangway
B
Construct Cast -in -Place Concrete Gangway Platform Deck
9
Furnish and install New Floating Dock
10
Furnish and Install New Platform Pile (16-Inch Square)
11
Furnish and Install New Guide Pile (18-Inch Square)
12
Provide As -Built Plans (Fixed)
UOM QTY
Unit Price
Line Total
Response Comment
S244,890.00
LS 1
$14,762.00
$14,762.00
Yes
LS 1
$4,500.00
$4,500.00
Yes
LS 1
$2,000.00
$2,000.00
Yes
LS 1
$9,900.00
$9,900.00
Yes
LS 1
$6,000.00
$6,000.00
Yes
LS 1
$3,700.00
$3,700.00
Yes
LS 1
$12,250.00
$12,250.00
Yes
LS 1
$9,700.00
$9,700.00
Yes
LS 1
$40,820.00
$40,820.00
Yes
LS 1
$84,258.00
$84,258.00
Yes
LS 1
$56,000.00
$56,000.00
Yes
LS 1
$1,000.00
$1,000.00
Yes
City of Newport Beach
29th Street Public Pier (8821-2), bidding on 12/13/2023 3:00 PM (PSTi
Page 4 of 4
Printed 12/13/2023
Line Item Subtotals
Section Title
Imported Items
Grand Total
Line Total
$244,890.00
$244,890.00
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