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HomeMy WebLinkAboutC-3940 - Public Pump-Out Replacement6-3qzlo Swift Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 4 CITY OF NEWPORT BEACH HARBOR RESOURCES DEPARTMENT INFORMAL CONTRACT THIS AGREEMENT, entered into thiso7day of, 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and SWIFT SLIP DOCK AND PIER BUILDERS, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: The City is seeking to remove and replace the American Legion pump out dock located at 215 151h Street, adjacent to the 15th Street public pier. The entire dock system will be replaced with a new dock in essentially the same configuration. This dock will be used for vessel pump out purposes with accessibility via the water only. Informal Contract WHEREAS, 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, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Proposal, Faithful Performance Bond, Labor and Materials Payment Bond, Project Details and Stamped Engineered Drawings and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents"). 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. B. 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. C. COMPENSATION 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 Fifty Seven Thousand, Nine Hundred Twenty Four Dollars ($57,924). This compensation includes: (1) Any loss or damage arising from the nature of the work, G Swift Slip Contract - American Legion Pump Out Dock May 22, 2007 Page 5 (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Harbor Resources Department 829 Harbor Island Dr. Newport Beach, CA 92660 Attention: Chris Miller (949) 644-3043 (949) 723-0589 Fax CONTRACTOR Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Ave. Costa Mesa, CA 92626 Attn: Pete Swift (949) 631-3121 (949) 631-3122 Fax F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, S Swift Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 6 representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: Swift Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 7 a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. Swift Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 8 6. Right to Stop Work for Non -Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. 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. 5. Nothing in this article, nor 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 in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. E JUL-17-2007 15: 36 FROM: SWIFTSLIPDOCK. COO (949) 631-3122 TO:7230589 P.1 Swift Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 9 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPROVED AS TO FORM: C AARON C. HARP Assistant City Attomey Attachment: Proposal CITY OF NEWPORT BEACH A Municipal Corporation By: Tom Rossmiller Harbor Resources Manager Title: CEO Print Name: By: Title: (Financial Officer) Print Name: M Swift Slip Contract — ,.:,erican Legion Pump Out Dock May 22, 2007 Page 9 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: ,- C AARON C. HARP Assistant City Attorney Attachment: Proposal CITY OF NEWPORT BEACH A Municipal Corporation By: Tom Rossmiller Harbor Resources Manager CONTRACTOR By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: 9 Swift S11P Contract — American Leglon Pump out Dock Executed in Three Counterparts May 22; 2007 Page 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INFORMAL CONTRACT BOND NO, 733886P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California,. by motion adopted, has awarded to Swift Slip Dock and Pier Builders Inc., hereinafter designated as the "Principal," a contract for construction of Informal Contract In the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents In the office of the Harbor Resources Department of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Informal 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, Developers Surety & Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, In the sum of (57,924) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California, Swift Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 11 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and In accordance with the provisions of Sections 3247 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 or the specifications accompanying the same 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 bee duly executed by the above named Principal and Surety, on the 11th day of July Epp Swift Slip Dock & Pier Builders, Inc. Name of Contractor uthorized Signature/Title Indemnity Surety & Indemnity Company ' Iv Name of Surety A horized Agent Signature PO Box 19725 Irvine Ca 92623 Address of Surety (949) 263-3300 Telephone Frank Morones, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED POWER 0FATTO11NEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO ROX 19725, IRVINEi. CA 92023 (949) 263-3300 KNOW ALL MEN BY THESEPRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDI MNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Phillip E. Vega, Frank Morones, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge. for and on behalf of said corporations, as sureties, hinds, underiakinrs and contract, of suretyship giving and granting unto said Attor ncy(s)-in-Fact full power and audtorily to do and ro perform every act necessary. requisite or proper to be clone in connection therewith as each of said corporations could do, but reserving to each of said corporations full power Of substitution and revocation, and all of the acts of' said Aorncy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. `I -his Power ofArtorncy is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective 130erd of Directors of DF.VfiLOPGRS SUM."I Y AND INDLIVINITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000: RESOLVED, that the Chainnan of the Board, the President and any Vice President of the corporation he, and that each of them hereby is. authorized to execute Powers ol'Atlorncy, qualifying the allorne,v(s) named in the Powers of Anomev lu CCCLIIC, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secreutry of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of'Attorney or to any certificate relining thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the coipnration when so affixed and in the ftnure with respect to any bond, undertaking or contract of suretyship to which it is anached. IN WITNESS W'HI RE:OF, DEiVI LOPI!RS SURETY AND INDEMNITY COMPANY and INDGMNrrI' COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005, fay:-- — — „WAND "•. MPANV David H. Rhodes, Executive Vice -President By: _ C� Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE, ;yJQ��µPORgr�F�ti;; G�OPPOR, - = ? a OCT. s z OCT. 5 C, 10 c n 1936 1967 O 9C/FOP` /okP ,r�4, i On December 1, 2005 berore me, Gina L. Garner, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/arc subscribed to the within instrument and acknowledged to nc that he/shc/they executed the same in his/her./their awhorized capacify(ies), and than by his%heNlhcir signature(sl on the instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the instrument. WITNFSS my hand and official seal. Signature — 6 --e ----- GINA L. GARNER a COMM. # 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY v My comm. expires May 13, 2009 t CERTIFICATE The lndeisigned, as Assistant Secretary, of DLVLLOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNiA, does hereby cenify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of rite respective Boards of Directors of said corporations set forth in the Power of Anorncy, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, the 11 thday of July 2007 r 13Y — — Albert Hillebrand, Assistant Secretary I D-1390 ( Rev. 12/05 ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 11th, 2007 before me, PHILIP VEGA, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared FRANK MORONES Name(s) of Signer(s) ® personally known to me -OR- ❑ 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 ;.>HIUPVEGP signature(s) on the instrument the person(s), or the entity upon Commission # 1474231 Notary Public "California behalf of which the person(s) acted, e ecuted the instrument. OrangeCouniy ExpiresMar4,,, WITNESS my hand and official seal. My Comm•� a . si OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General Top of Thumb here Lary Public Number of Pages: Signer's Name: t and could prevent fraudulent removal ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing General RIGHT THUMBPRINT_ OF SIGNER' BD-1133 09/00 Executed in Three Counterparts Swift Slip Contract — American Leglon Pump Out Dock May 22, 2007 Page 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INFORMAL CONTRACT BOND N0. 733886P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,738.00 being at the rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Swift Slip Dock and Pier Builders Inc,, hereinafter designated as the "Principal", a contract for construction of Informal Contract yin the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained In the Harbor Resources Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Informal Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Developers Surety & Indemnity 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 (57,924) 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 specked in this Bond; otherwise this obligation shall become null and void. .In Swift Slip Contract — American Leglon Pump Out Dock May 2$ 2007 Page 13 As a part of the obligation secured herebv, and In addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only In the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has ben duly executed by the Principal and Surety above named, on the 11 th day of Jul „ 28p7. Swift Slip Dock & Pier Builders, Inc. Name of Contractor Developers Surety & Indemnity Company Name of Surety PO Box 19725, Irvine, Ca 92623 Address of Surety (949) 263-3300 Telephone Authorized Signature/Title Authorized Agent Signature Frank Morones, Attorney, -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Ick POWFR OFATTORNEY FOR DEVELOPERS SURE'rl•' AND INDEMNITY COMPANY INDEN1NITl•' COIIPAN)' OF C:�LIFORNI:k PO 130X 19725, 1RVINIi. CA 92623 (949) 263-3300 KNOW ALL MEN BY TIII_SL• I'RLSENTS, that exCCP( as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDI'NIN1'1l' COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint: ***Phillip E. Vega, Frank Morones, jointly or severally*** ;Is Ihcir uuc and lawful Allmncy(s)-in-Fact, to make. execute, dclivel and atcknowlulgc, for and on bchelf of said cmpnrmions, as surclics, hinds, undettakinrs ;and conu'octs of suretyship diving ,Ind grantiu onto sni(I ,\unrney(sl-in-Fail Full power and aulhori y to do and to Pertixm every act neecssaly. rcyuisite nr propel o he done Ill connectionIltCre\wllh a. cach ot'said corporations could do. hill IeSelAiIIe to eticll elf said corporations full power 0I'subsliluliOn and rcvocalion, and all of the acts of sai(I Aorn'ney(s)-in-Pact. pursuant to these presents, are hereby ratified and conlirmcd This Power ul'Auurney is gr oIC(I and is si,-ned by facsimile under and by aulhoriry ol, (hc Following resolutions adopted by the respeclive 13nnrd of Directors of DI-.VF.LCIPFRS SURETY AND INDISNlN1'f Y CONIPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I. 2000: RLSOLVED, that the Chairman ofthe Board, the President and any Vice Presidcnl ofthe corporation he, ;md Ih:u each of them hercbv is. authorized to execute Powers ol'Allorncy, qualifying the mlorncv(s) named in the Poweis ofAnomcw to cxecule, (,it behalf of the corporations, bonds. undertakings ;md conmels of surelyship; and that the Secretary or nny Assistant Secretary of (he corporations hc, and catch of (Item hereby is, authorized to ailest the execution of any such Power ofA(Imney: RL'SOL'ED. FURTHER, that the signalures of such officers nny be ❑Hixcd to any such I'ower Of Aoorncy or to nny' cerlilicalc relating (herctu by Facsimile, and anY such Power of'Atlorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the tinure with rcspccl to any bond, undertaking or contras( of'surctyship to which it is attached. IN WITNFSS WI -II RFOF, DFVI'.LOPI;RS SURETY" AND INDHMNITY CONIPANY and INDF'MNITY COMPANY OF CALIFORNIA have severally caused these presents to be si�nCd by their respective I?xc•cutive Vice President ❑nd attested by Ihcir respective Sccrelniy this Ist day of December, 2005. B v: C - David Il. Rhodes, 8xecutive Vice -President - - 1.3y: Walter A. Crowell, Secretary SIAI L OF CALIFOR NIA COUNTY OF'ORANGF ASV AND /y .� �MPANyO 0R4 '-,.< 14 �V�OPP0 _`as OCT. ` OCT.5 ` z0 • 10 1967 On December 1. 2005 before me, Gina L. Garner, Notary Public (here insert name and title of'(11C officer), personally appeared David H. Rhodes and Wnllcr A. Crowell, personally known to me (or proved to me on the basis ofs:nist;lclory evidence) In he the person(s) (whose nmme(s) is/are subscribed to the xvi(hill instrument and acknowledged In me that he/shc/they executed (he sonic in his/her/their authorized c;tpacitv(ics)• and that by his/hcr'lhcir sirnaturc(s) on the instrument the person(s), or the en(ily upon hehalf ol'which the pcl;son(s) acted, executed the insnmmenl. WI'fNF.SS my h;mcl and official scnl. GINA L. GARNER 9 COMM. LI 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA J --- 3 ORANGE COUNTY v My comm. expires May 13, 2009 C CERTIFICATF. 'Fhe un(Icrsi6ned, as Assistant Secretary, uf'DI VFLOPFRS SURF-1 Y AND INOF;MNITY COMPANY and INDEN-INHY C'ON1PANYOFCALIFORNIA, does hereby ceriity that the Imcgoing Power ot'AtIorney remains in filll force and has nol been revoked, and furthermore, Ihnl the provisions of'(he resolutions of the respective Bourns of Directors of said corporations set truth in the Power of Aunntcy. are in Voice as of the date of this Certificate. rhis Certificate is executed in the City of h- ins. California. the 1 1 tN;Iy Of JUly 2007 L 13y _ Albert Hillebrand, Assistant Secretary 0-I380 (Rev. 12105) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 11th, 2007 before me, PHILIP VEGA, NOTARY PUBLIC Name and Title of Officer (e.g„ "Jane Doe. Notary Public") personally appeared FRANK MORONES Name(s) of Signer(s) ® personally known to me -OR- ❑ 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 PHILIPVEGA signature(s) on the instrument the person(s), or the entity upon Commission # 1474231 behalf of which the person(s) acted, executed the instrument. z Notary Public - California Orange County My Comm. Expires Mar 4, 200_4WITNESS my hand and official seal. i Signa OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General Top of Thumb here ry Public and could prevent fraudulent removal ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing General I OnRIGHT THUMBPRINT_ '' OF SIGNER, .. of Thumb here BD-1133 09/00 JUL-18-2007 13:12 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 T0:7230589 P.3 POLICYHOLDER COP, 5G STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FEB 2 0 2007 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-31-2006 GROUP: 000048 POLICY NUMBER: 0017988-2006 CERTIFICATE ID. 2 CERTIFICATE EXPIRES: 12-31-2007 12-31-2008/12-31-2007 CITY OF NEWPORT BEACH LIC, DIV-BLDG DEPT. PO BOX 17a$ NEWPORT BEACH CA 92658 SG JOB:ALL OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.. This policy is not subject to cancellation by the Fund except upon t0 days advance written notice to the employer. We will also give you t0 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ORIZED REPRESENTATI PRESIDENT EMPLOYERS LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER SWIFT SLIP DOCK A PIER BUILDERS, INC DBA:SWIFT SLIP DOCK & PIER BUILDERS 2027 PLACENTIA AVE COSTA MESA CA 92827 SG (REV.2-06) PRINTED : 02-16-2007 M0410 JUL-1S-2007 13:12 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 POLICYHOLDER t 1 P.2 SL STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION Nov 2 9 2006 IN S U R A N C E FUND THIS IS NOT A CERTIFICATE OF COMPLIANCE ISSUE DATE: 12-31-2005 GROUP: L&H POLICY NUMBER: 0903759-2005 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 12-31-2007 12-31-2008/12-31-2007 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92658 SL JOB:BUILDING DEPT, This is to Certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Underwriting Manager THIS IS NOT A CERTIFICATE OF COMPLIANCE, POLICY PROVIDES COVERAGE AGAINST LIABILITY UNDER THE UNITED STATES LONGSHORE & HARBORWORKERS' COMPENSATION ACT. DOCUMENTATION OF THIS COVERAGE SHOULD BE AVAILABLE FROM THE DEPARTMENT OF LABOR, LONGSHORE DIVISION, OFFICE OF WORKERS' COMPENSATION PROGRAMS, 401 E. OCEAN BLVD, STE 720, LONG BEACH CALIFORNIA BY 12-17-2006 EMPLOYER SWIFT SLIP DOCK & PIER BUILDERS, INC. DBA: SWIFT SLIPS DOCK AND PIER BUILDERS 2027 PLACENTIA AVE COSTA MESA CA 92627 MAILING ADDRESSP.O, BOX 420807 - SAN FRANCISCO, CA 94142.0807 M040S M'e'J,2-051 PRINTED : 11-17-2006