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HomeMy WebLinkAboutC-4830 - Contract for the Improvement of Public Building for the Repair of the Lifeguard Platform at the Newport Pier10 \ CONTRACT FOR THE IMPROVEMENT OF PUBLIC BUILDING WITH SWIFT SLIP DOCK AND PIER BUILDERS, INC. FOR THE REPAIR OF THE LIFEGUARD PLATFORM AT THE NEWPORT PIER THIS CONTRACT FOR IMPRO \JEMENT QF PUBLIC BUILDING ( "Contract') is made and entered into as of this � day of I , 2011, by and between the CITY OF NEWPORT BEACH, a California Municiplal Corporation ( "City "), and SWIFT SLIP DOCK AND PIER BUILDERS, INC., a California corporation ( "Contractor ") whose principal place of business is 2027 Placentia Avenue, Costa Mesa, CA 92627, 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 is planning to repair storm damage to the lifeguard platform at the Newport Pier. C. City desires to engage Contractor to demolish majority of the platform, erect temporary scaffolding and fencing and repair damage caused to the structure by high waves beneath the pier. ( "Project'). D. City has solicited and received a proposal from Contractor and desires to retain Contractor to 'render services under the terms and conditions set forth in this Contract. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 14 business days commencing on April 18, 2011 or upon issuance of the "Notice to Proceed." NOW, THEREFORE, City and Contractor agree as follows: 1. TERM The term of this Contract shall commence on the above written date and shall terminate on June 1, 2011 unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. As such, Contractor shall perform all the work as described in the Request for Proposals dated December 22, 2010, ( "RFP "), all attached hereto as Exhibits "A" and "B" and incorporated herein by this reference (the "Work" or "Services "). As a material inducement to the City entering into this Contract, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience,'Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Contract, the phrase "highest professional standards' shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2 Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within 14 business from the date of issuance of the "Notice to Proceed." Failure to complete the work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, in accordance with the provisions of this Section and the Proposal, attached hereto as Exhibit "B ", City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Thousand, Eight Hundred Twenty and no /100 Dollars ($7,820.00). Contractor shall not receive any additional compensation unless approved in advance by the City's Project Administrator (as defined below in Section 6) in writing. The City shall make full payment to Contractor no later than thirty (30) days after acceptance of Work by City. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Pete 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. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. Tom Sandefur, P.E., or his designee shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. Swift Slip Dock and Pier Builders, Inc Page 2 of 21 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials and equipment as described in Exhibits "A" and "B" in performing Services under this Contract. Any deviation from the materials or equipment described in Exhibit "A" and "B" shall not be utilized unless approved in advance by the Project Administrator. 7.2 Contractor shall comply with the terms and conditions of as described in the Request for Proposals dated December 22, 2010, ( "RFP "), all attached hereto as Exhibits "A" and "B" and incorporated herein by this reference (the "Work" or "Services"). 7.3 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Services in a manner commensurate with Highest Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2 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. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's 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 and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Swift Slip Dock and Pier Builders, Inc Page 3 of 21 subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 8.4 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 attorney's 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 the Consultant. 8.5 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. 8.6 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. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the Worts are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 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. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. Swift Slip Dock and Pier Builders, Inc Paae 4 of 21 12. INSURANCE 12.1 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 12.2 Coverage and Limit Requirements. 12.2.1 Workers' Compensation. 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 type for Contractor's Employees 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 the laws of the State of California, Section 3700 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 required certificate of insurance, a copy of such waiver of subrogation endorsement. 122.2 General Liability. Contractor shall maintain commercial general liability insurance 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) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 12.2.3 Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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. 12.2.4 Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of 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 the City with a copy of the policy. Swift Slip Dock and Pier Builders, Inc Page 5 of 21 12.3 Other Insurance Provisions. 12.3.1 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.3.2 General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 12.3.2.1 City, its elected or appointed 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. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 12.3.22 Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. 12.3.2.2 Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 12.3.3 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. Swift Slip Dock and Pier Builders, Inc 12.3.4 Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for thirty (30) days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. 12.3.5 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 the 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. 12.3.6 Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. 123.7 Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 12.3.8 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 12.3.9 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 12.3.10 City's Remedies. City shall have the right to order the Contractor to stop work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. Swift Slip Dock and Pier Builders, Inc Page 7 of 21 12.3.11 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 Contract relating to the city or its operations limits the application of such insurance coverage. 12.3.12 Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract with the 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 within five (5) days of the expiration of the coverages. 13. BONDING 13.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: 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 hereto as Exhibit "C" which is incorporated herein by this reference; and 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 hereto as Exhibit "D" which is incorporated herein by this reference. 13.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 13.3 The Contractor shall deliver, concurrently with execution of this Contract, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 14. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to Swift Slip Dock and Pier Builders, Inc be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 15. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any Work. Contractor shall be fully responsible to City for all acts and omissions of the 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. 16. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 17. CONFLICTS OF INTEREST 17.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 17.2 If subject to the Act, Contractor shall conform to all requirements of the Act. 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. Swift Slip Dock and Pier Builders, Inc Page 9 of 21 18. NOTICES 18.1 All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Tom Sandefur, Project Administrator Public Works Department City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3312 Fax: (949) 644 -3318 E -mail: tandefur@newportbeachca.gov 18.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Pete Swift Swift Slip Dock & Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 Phone: 949 - 631 -3121. Fax: 949 - 631 -3122 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 Swift Slip Dock and Pier Builders, Inc Page 10 of 21 previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 21. STANDARD PROVISIONS 21.1 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. 21.2 Waiver. A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 22. 21.3 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 Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 21.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and the Exhibits attached hereto, the terms of this Contract shall govern. 21.5 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. 21.6 Effect of Contractor's Execution. Execution of this Contract 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 taken into consideration these factors in submitting its Project Proposal and Scope of Work. Swift Slip Dock and Pier Builders, Inc 21.7 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. 21.8 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq. ). 21.9 _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, religion, color, national origin, handicap, ancestry, sex or age. 21.10 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. 21.11 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Swift Slip Dock and Pier Builders, Inc Page 12 of 21 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF.THE CITY ATTORNEY Date: B nNA Leonie Mulvihill t// Assistant City Attorney o1, / ATTEST: Date: By. Leilani I. Brown City Clerk WPO V CITY OF NEWPORT BEACH, A California municipal corporation Date: Ste e aaum P li rks Director CONTRACTOR: SWIFT SLIP DOCK & PIER BUILDERS, INC., a California Corporation Date: By: Th as Swift President Date: By: eter Swift Secretary Attachments: Exhibit A — Request for Quote Exhibit B — Proposal Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond f.-luserslpbwlsharedlcontractslinformal contracts 120111 repair lifeguard platformiswift slip informal c- 4760. dotx Swift Slip Dock and Pier Builders, Inc Page 13 of 21 EXHIBIT A REQUEST FOR QUOTE DATED DECEMBER 22, 2010 vViv-81300311YU • . PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director December 22, 2010 SUBJECT: NEWPORT PIER LIFEGUARD RAMP STORM DAMAGE QUOTE, To Whom It May Concern: The storms of December 2010 caused severe damage to the platform and ramp at the Newport Pier. We are soliciting quotes to construct a repair of the facility. Your quote should include the following information: 1. Mobilization for the project. 2. Repairing the platform with new wood and brackets. 3. Resetting the ramp and securing it to the platform Should you have any questions, please contact me at (949) 644 -3312. Sincerely, Tom Sandefur, P.E., Associate Civil Engineer C,Wo,u M,RM Se" InpS6andel,Do IoP\IIMFP for Back Bay WasMul doe 3300 Newport Boulevard Post Office Box 1768 . Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 . Fax: (949) 644 -3318 • www.newportbeachca.gov - -' - EXHIBIT B PROPOSAL THIS PAGE LEFT CLANK INTENTIONALLY Swift Slip Dock and Pier Builders, Inc Page 2 of 21 Dock and Pier Builders, Inc. Contractor's License 797052 A www.sv,iftslipdocks.com 11591 g /21/ aou 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631 -3121 - Fax (949) 631 -3122 City of Newport Beach NB Pier Ramp Tom Sandefur ESTIMATE Re: NB Pier Ramp Description Total Newport Pier Lifeguard Ramp Repair. Remove broken lumber from piling sills and gangway hinge. Support Gangway. Install (5) New 20'4" X 8" frame members. Install 5" X 7" angle clips on each sill at each intersection of our new framing. Install 6" x 8" (16') on new end of deck with angle clips. Replace 9'X 16' area of new 2" X 6" decking attached with stainless steel screws. Replace 20' of railing. Reinstall existing gangway hinge on new 6" X 8 ". Replace 40' of 1" x 4" siderails on gangway. Replace 8' of rubstrip on end of gangway. 7,620.00 Labor and Materials Payment and Performance Bond 200.00 Total $7,820.00 Permit fees, administration costs and engineering are NOT included in the above; if required they will be billed as an extra upon completion. All lumber will be ACQ pressure treated Douglas fir. All new hardware will be hot dipped galvanized. Utilities are NOT included. Pile caps are an additional $9o.00 each. Unseen obstacles when doing pile work, requiring pile to be cut off will incur additional charges. Terms and conditions: Customer agrees to pay: I J Net 15 days following invoice date, 21 a service charge of 1.5% per month on all past .due invoices;.and 3l.all.attomeys' fces.and costs if Swift SIiP_ files legal action to,collect. „ . ....... ............................... ......_ .. .. ............................... Authorized By: Date: This estimate becomes a contract upon signature. Please sign & return with so% down to authorize the price & work contained in this contract. ISSUED IN THREE (3) ORIGINAL COUNTERPARTS CITY OF NEWPORT BEACH BOND NO. 350749-P LA13OR AND MATERIALS PAYMENT BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND. EXHIBIT C 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 Lifeguard Platform Repair located at the Newport Pier, in the City of Newport Beach, in strict conformity with th...e 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 Cnntract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractnrk, 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 dome thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We [he undersigned Principal, and, INDEMNITY COMPANY OF.CALIFORNIA duly authorised to transact business under tho lawM of the State of California, as Surety, (referred to hprpin as "Surety") are held firm'ly bound unto the City of Newport Beach, in the sum of Seven Thousand Eight Hundrbd Twenty and no/100 Dollars ($7,820.00) 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, foil to pay for any materials, provisions, or other suphlips, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, ni° 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 Mrincipal 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 obligalioris of this B;flnd, a reasonable attorney's too, to be fixed by the Court as required by the provisions of Section 3250 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 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 EXHIBIT C required by and in accordance with the provisions of Sectiuiis 3247 et. seq, of the Civil Code of the State of Califomia. 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 Contractor to the work or to the specifications. In the event that airy 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 Bund_ IN WITNESS WHEREOF, this instrument has been di►ly Pxeniited by the above named Principal and Surbty, on the 22ND day of,. RCH )2011. (1,/t: Swift Slip Dock & Pier Builders, Inc. Authorized Signat It (Principal) INDEMNITY COMPANY OF CALIFORNIA _ Nemo of Surety Authorized Ag t i0nature P.O. BOX 19725 IRVINE, CA 92623 _ PHILIP VEGA, ATTORNEY -in -FACT Address of Surety Print Name and Title 818-552-6125 Telephone NOTARYACKNOWLEDGMENTS OF CONTRACTOR -AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT State of Calif, rnia County of 1% p✓ 55, On N qC *9 �) i I before me. �I 1� �) ����. j�/� Notary Public, personally appeared W7 — ,who proved to me on the basis; of sallsfactury evidence to he the pel'Surl-) whGse rlarneN) i5/a subscribed to the within instrument and acknowledged to me that he/sNeNey executed the game in his/hXr/their atift'irized capacity(\s), and that by his/hkr/th"eir signatures'N) on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true; and connect. WITNE=S Whand ano ficial seal. Signature PHILLIP R. GUSTAVSON COMM. #1786805 n 0NOTARY PUBLIC . CALIFORNIA --4co@,My ORANGE COUNTY O _1 Comm. Expires January 21, 2012 L - (seal) (seal) ACKNOWLEDGMENT State of California County of )SS. On before me, Nutal y Public, personally appeared whn proved to me on the basi*' 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 authiorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), Qr 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 t5edl) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ""Jadon H. Smith, Philip 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, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either 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 relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By. ! �"t 1AN0 ANO,, OMpANY Daniel Young, Vice-President J`� RPORA' F�',, G Pq PO. �o rF •. y `A, GO cc i OCT. z -OCT. S ;w; 10 By: = o'• 1 9 3 6 `o w 1967 Stephen T. Pate, Senior Vice -President •• /OWN a 2� �-14-7F0,P` Slate of California County of Orange On August 13th, 2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) 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 JENNY TT IdC3UYE�1 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. COMM. # 1791640 NOTARY PUBLIC CALIFORM I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is ORANGE COUt" true and correct. My comm. exores Fe& 10.2012 WITNESS my hand and official seal. Place Notary Seal Above Signature 6 Je TT Ng n, tory Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the dale of this Certificate. This Certificate its executed in the City of Irvine, California, this 22NDday of MARCH, 2011 By: / l r regg Okur , istanl Secretary ID-1380(Rev.11/09) CALIFORNIA• ACKNOWLEDGMENT =�.:�C,'aC'a�..-�.:��"�vs�C���C:•�� � .:�.-\Ga�v.:�v'��s�.��..:�v.•� .�.-�•�s�c�'��.�C.'ay.-�v .�'.�s�.'C.r �.. ��C..�� c�S.R. os. �.. ��s�:' s�1 State of California County of _ Los Anqeles On ..,03/22/2011 before me, Monica Blaisdell, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Philip Vega Name(s) of Signer(s) MONICA BLAISDELL Commission # 1794078 Notary Public - CaliforniaCalifol Orange County Cpm• Mcx26,2012 who proved to me on the basis of satisfactory evidence to be the person() whose name(R) is/ItM subscribed to the within instrument and acknowledged to me that he/%pftaWxecuted the same in his/�iRrrt #rxauthorized capacityki§*, and that by his/�%Nxir signature(s) on the instrument the person), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS �mJjy'�hand and official seal., Signature i `u ul Place Notary Seal Above Signature of Notary Public ISSUED IN THREE (3) ORIGINAL COUNTERPARTS CITY OF NEWPORT BEACH BONES NO. 350749-P FAITHFUL PERFORMANCE BOND $200.00 PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE The premium charges on this Bond is $ 200.00 being at the rate of $ 25.57 _ thousand of the Contract price. WHEREAS, the City of Newport beach, State of California, has awarded to Swift Slip Dock and Pier Builders, Inc,, hereinafter designated as the "Principal," a contract for the Lifeguard Platform Repair located at the Newport Pier in the City of Nowport Sonch, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which ifi;incnrpnratPd 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 INDMENITY COMPANY OF CALIFORNIA duly authorized to transact business under the laws of the Stato of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Thousand Eight Hundred Twenty and no/900 Dollars ($7,820.00) lawful money of the United States of America, said sum being equal to 100% of the Pstimated 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, eXOCLItors, 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 exceediricg (he 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 hp 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. EXHIBIT D Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the te►n,s 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 chance, extension of time, alterations or additions nf 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 bund as an individual, it i5 agreed that the death of any suc' h Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREnF, this instrument has been duly executed by the above named Principal and Surety, on the 22ND day of7—v%: 11. �r - �+ Swift Slip Dock & Pier Builders, lnu. utharized 3i natureFritle (Principal) INDEMNITY COMPANY OF CALIFORNIA Name of Surety P.O. BOX 19725 IRVINE, CA 92623 Address of Surety 818-552-6125 Telephone Authorized Wht Signature PHILIP VEGA, ATTORNEY -in -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTF'ACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT State of California County or —, WA On Q - 1 bofpre, me, 10(i Notary Public, personally appeared ( ------- ,who proved to me on the basis of satisfactory evidence to be the person ) whose name(N) is/aNe subscribed to the with - instrument and acknowledged to me that he/sk/th' ,y executed the same in his/hr/th\r authorized capacity(! -6,$), and that by his/hkr/thy r signaturesN an the instrument the person(), or the entity upon behalf of which the person(` acted, executed the instrument_ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT SS my han a d official seal. Signature PHILLIP R. GUSTAVSON ��-COMM. #1788805 n U NOTARY PUBLIC -CALIFORNIA m@,My ORANGE COUNTY O Comm. Expires January 21, 2012 e ACKNOWLEDGMENT State of California County of ? ss. On Notary Public, persurially appeared before me, ,who Proved to me on the basis of satisfactory evidence to ho 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) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "Jadon H. Smith, Philip E. Vega, Frank Morones, jointly or severally`*" as their true and lawful Altomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either 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 relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1 st, 2008. j - By: I Daniel Young, Dice President AND ,'J�� POR,q' �F ', gTF'2 G PO `oR -_ OCT.OCT. 10 `� GOP jT� 5 C)T By: _ :w. n = a `•p O Stephen T. Pale, Senior Vice -President : �j�:, 1 9 3 6 : at W 1967 O C, Q State of California County of Orange On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) 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 hislher/their authorized JENNY TT NQUYETI 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. COMM. #i 1791840 NOTARY PUBLIC CALiPOW I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. My comm. ci)ores F tit 19. 2tM W WITNESS my hand and official seal. Place Notary Seal Above Signature - &".L'Af L-11 6 Je TT Ng d n, tory Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the dale of this Certificate. This Certificate is executed in the City of Irvine, California, this 22NDday of MARCH, 2,011 By: A,,gg0kJristant (r Secretary ID-1380(Rev.11/09) CALIFORNIA•ACKNOWLEDGMENT �+�'�C!L?� .�5.�..1.'� c�. 1�1.•'\�'�C.;s�Cr..,'�. � F�. '�. s�C�.'1 : ��� � '� -� '�. •�S/..'`Q '� -� �.' '\C!T. �v.'�. '� 1 s�..•�Rr.'�..?.�• -1. s?. � a�"ACa7. State of California County of _ Los Anqeles On 03/22/2011 Date before me, Monica Blaisdell, Notary Public Here Insert Name and Title of the Officer personally appeared Philip Vega Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(a) is/itre subscribed to the within instrument and acknowledged to me that he%I eVicexecuted the same in his�rrt( #r authorized MONICA BLAISDELL t capacitykks�, and that by his/' kroak signature(s) on the Commission # 1794078 instrument the person) or the entity upon behalf of Notary Public - California which the persono) acted, executed the instrument. Orange County MyCorrvn.E Nbr26,2012 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 \-A Place Notary Seal Above Signature of Notary Public CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3122/2011 Dept. /Contact Received From: Shari Date Completed: 3/23/2011 Sent to: Shari By: Joel Company /Person required to have certificate: Swift Slip Dock and Pier Builders, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Northern Assurance Co. of America B. AM BEST RATING (A-: VII or greater): A; X11 C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes F7X No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does EX 0 not apply to Waste Haulers) Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes OX No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Yes included): Is it included? 0 No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No 0 I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Fire Insurance Co. B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No D. LIMITS (Must be $11M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No [� F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording III. WORKERS' COMPENSATION A. INSURANCE COMPANY: SCIF B. AM BEST RATING (A-: VII or greater): Not rated C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes OX No 0 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: General Liability shows $5.000 ded. Approved: Yes OX No April 5, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach = Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date OP ID: TC A� R° CERTIFICATE OF LIABILITY INSURANCE I OAT03n17JIIVY) u11 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policyf ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 714. 430 - 0035 CA License Insurance Services 714 - 430 -0036 CA License # 0247753 1120 Bristol St. Costa Mesa, CA 92626 -5864 Dee Renfro CONTACT NAME: PHONE FA% uc. EXIT a NPC E-MAIL ADDRESS, PRODUCER CUSTOMER IO #: SWIFT -1 NSURER 51 AFFORDING COVERAGE NNC 0 _ INSURED Swift Slip 2027 Placentia Ave Costa Mesa„ CA 92627 INSURERA: Northern Assurance Co of Amer! S 1,000, INSURER e: Hartford Fire Insurance Co. X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR INSURER C: X INSURER D: 02101111 INSURER E: PO °REMISES Ea omrm m INSURER F: MED EXP (Any one person) COVFRAGFS CGOTIGICATC MI IMCCD- CC\ /IC VTFJ tJIIMCCC• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LICV EFF POLI %P TYPE OF INSURANCE ADDL 5U LTA POLICY NUMBER MMMDIYYYY MMIDDTYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000, A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR X X N5JH71774 02101111 02101112 PO °REMISES Ea omrm m s 100,0 MED EXP (Any one person) S 5,o0 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE 8 2,000,00 GEM AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 1,000,00 T POLICY I I PRO- ' LOG Ded 5 5,00 B AUTOMOBILE X LIABILITY ANY AUTO 72UECJ03331 02101111 02101112 COMBINED SINGLE LIMIT IEa accidanl) $ 1,000,00 BODILY INJURY IPer person) S ALL OWNED AUTOS BODILY INJURY IPer accioeM) $ SCHEDULED AUTOS HIREDAUTOS S PROPERTY DAMAGE (Pof a.,O.,n) NON- OWNEDAUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE_ $ 4,000,00 A EXCESS LIAR CLAIMS -MADE' NSJH71776 02101(11 02101112 AGGREGATE S 4,000,00 - - '-' � DEDUCTIBLE X RETENTION 5 5,000 5 WORKERS COMPENSATION WCSTATU- OTH- I AND EMPLOYERS' LIABILITY1 ANY PROPRIETORIPARWERIEXECVTIVE YO OFFICER/MEMBER EXCWDEO? /NIA 1 _ S - - E.L. EACH ACCIOENT IManCaloryinNHl EL. DISEASE - EA EMPLOYEE S If yes aescriba under DESCRIPTION OF OPERATIONS 0elow E L. DISEASE POLICY LIMIT § DESCRIPnONOFOPERATIONSILOCAVONSIVEHICLES (AnacH ACORO 101, Atldilional RemarNS SCKetlule, it mom spate is regwretll (Ref: Public Dock Access Improvements job) City of Newport Beach, its officers, officials, employees and volunteers are named as Additional Insured per attached endt. #CG 20 10 11 85. Coverage is primary and non - contributory. City of Newport Beach Public Works Department Ann: Shauna Lyn Oyler 3300 Newport Blvd. Newport Beach, CA 92663 ACORD 25 (2009109) mev.&•eu TUl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2009 ACI The ACORD name and logo are registered marks of ACORD TION. All riahts reserved Insured: SWIFT SLIP ENDORSEMENT 3 Effective: 02/01/2011 Policy: N5JH71774 Effective February 1, 2011 it is agreed that the following entity is hereby named as Additional Insured with respect to Section I: Part I - Marine General Liability, Part II - Protection & Indemnity, and Part IV - Pollution Liability, per form CG 20 10 11 85, attached. The City of Newport Beach its officers, officials, employees and volunteers 3300 Newport Blvd., Bldg. C Newport Beach,CA 92663 It is further agreed that this policy shall be considered primary over all other coverages available to the Additional Insured, as their interests may appear. All other terms and conditions remain unchanged. 3 0401074 03/21/2011 UL CPW PR 1.000 IMU 00 10 MGL02 D1 07 E- INSURED Insured: SWIFT SLIP CG 20 10 11 85 Policy: N5JH71774 ENDORSEMENT 3 Effective: 02/01/2011 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CL 246 (11 -85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. /2011 LXL CPW PR 1.000 E- INSURED 03/26/2011 17:15 9496313122 SWIFTSLIPDOCKPIER PAGE 01/02 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03 -28 -2011 GROUP. 000238 POLICY NUMBER: 0003858 -2010 CERTIFICATE IQ,. 51 CERTIFICATE EXPIRES 12 -31 -2011 12- 31- 2010/12 -31 -2011 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 50 DATED 03 -28 -2011 CITY OF NEWPORT BEACH SG SHUANA LYN OYLER ,PUBLIC WORKS DEPT, 3300 NEWPORT BLVD NEWPORT BEACH CA 92883 -2R /8 ThiS Is to certify that we have issued a valid Workers' Compensation insurance policy Ins a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. Thl> policy iK nut 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 it. nnrmal erplration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by thR pniiry listed horoln'Notwithetanding any roquiromant. Corm or condition of any cohtraat or othor 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. { •'9YWd L � . Autirorizad Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - THOMAS SWIFT PRES - EXCLUDED. ENDORSEMENT #1800 - PETER C SWIFT SEC,TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12 -31 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. CNDORSCMCNT #2570 CNTITLCD WAIVER OF SUBROGATION EFFECTIVE 2011 -03 -28 13 _ ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SWIFT SLIP DOCK & PIER BUILDERS, INC 2027 PLACENTIA AVE COSTA MESA CA 92627 S6 [RFC.CSI PRENTED : 03 -28 -2011 IREV.a•20101 03/26/2011 10:39 9496313122 SWIFTSLIPDOCKPIER PAGE 01101 1 POLICYHOLDER;COPY SG 'STATE P.O. BOX 420807, SAN FRANCISCO,CA 941142 -0807 FUNDI THIS IS NOT A CERTIFICATE OF COMPLIANCE I ISSUE DATE: 12 -31 -2010 GROUP: I L&H POLICY NUMBER: 0903759 -2010 CERTIFICATC Id: 7 CERTIFICATE EkPIRES. 12 -31 -2011 12 -3 - 2010112 -31 -2011 THE CITY OF NEWPORT BEACH SG I BUILDING & SAFETY 9300 NEWPORT BLVD NEWPORT BEACH CA 92663 s This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the Callfomia Insurance comrmssloner 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 tivrltten notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior td its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend er 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. 11 undarwrhing Manager ' THIS IS MDT 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 -2010 [MnL,pYEn SWIFT SLIP DOCK & PIER BUILDERS, INC. SG 2027 PLACENTIA AVE COSTA MESA CA 92627 MAILING ADDRESS: P.O. BOX 420807 - SAN FRANCISCO, CA.94142 -0807 M0409 PRINTED : 11 -17 -2010 IRE V.2 -081 X31- 3 1x1 Fax Server APR. 1.2011 1 :45PM ■ y HOME OFFICE D SAN FRANCISCO A ALL EFFECTIVE DATES ARE A AT 1201 AM PACIFIC D STANDARD TIME OR THE ■ TIME INDICATED AT PACIFIC STANDARD TIME 4/1/2011 1:57:30 PM PAGE 2/002 Fax Server STATE COMP NO.756 P.1 ENDORSEMENT AGREEMENT WAIVER QF SUBROGATION REP 111, 238 -30 003859 RENEWAL SG S- 15 -81 -33 PAGE 1 OF 1 EFFECTIVE MARCH 28, 2011 AT 12.01 A.M. AND EXPIRING DECEMBER 31, 2011 AT 12.01 A.M. SWIFT SLIP DOCK & PIER BU14DER INC 0 2027 PLACENTIA AVE C COSTA MESA, CA 92027 0 3 A i N 0 s ANYTHING IN THIS POLICY TO THE CONIHARY NOTWITHSTANDING, i IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND N NAIVES ANY RIGHT OF SUBROGATION AGAINST, W 0 N CITY OF NENFORT BEACH 9 3 9 WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS m POLICY IN CONNECTION WITH WORK PERFORNW] RY, y n 0 SNIPT SLIP DOOR b PISA BUILDER INC m p IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN » PAYROLL RECORDS ACCURATELY SEGREGATING TER REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORE FOR TOE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OP SUCH EMPLOYEES SHALL BE INCREASED BY 03%. N W A r A NOTHING IN THIS 61DORSEMBN CONTAINED SMALL RG HELD TO VARY, ALTER, WAIVE OR ExTI!W ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS 0 POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN TINS POLICY SHALL BE 3 HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDRION9, AGREEMENTS OR LMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO. MARCH 30, 20 ;2 n 6cIF FORM 10717 IAEV.e- ORIZED REPRESENTATIY PR M7 ESIPENT A CEO 2570 OLD OF 017