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C-4110(A) - Public Dock Access Improvements - 15th, 19th, and Fernando Streets
t�', OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC August 10, 2011 Mr. Tom Swift Swift Slip 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Public Dock Access Improvement 15111,19th, and Fernando Street (C -4110) Dear Mr. Swift: On August 10, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 18, 2010. Reference No. 2010000401305. The Surety for the contract is Indemnity Company of California and the bond number is 350163 -P. Enclosed is the Faithful Performance Bond. Sincerely, 4�D �W' Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us ISSUED IN FOUR (4) ORIGINAL COUNTERP ^RTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACES$ IMPROVEMENTS -1.5TM 19TH AND FERNANDO:STREETS CONTRACT NO. 4:110 BOND NO. 350163 -P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,875.58 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City Council of the Cily.of Newport Beach, State of Califomia,.by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ",,a contract for construction of PUBLIC DOCK ACESS IMPROVEMENTS :.15TH, 19TH.AND, FER.NANDO STREETS, Contract No, 4110 in the City of Newport'BeaCh, in sttlet Conformity with.'the plans, drawings, specifications, and other Contract Documents - main fined. in ;the Public. Works Department of the City of Newport Beach, all of which are incorporated herein'bv this,referenoa. WHEREAS, Principal has executed or is about to execute Contract No. 4110 and the terms thereof require the furnishing of a Bond for the faithful performance of the'Contract; NOW, THEREFORE, we, the Principal, and INDEMNITY COMPANY, OF CALIFORNIA , duly authorized to transact business under.-the laws' of .the State of California as Surety (hereinafter "Surety"), are held and firmly boun 'unto the., City of Newport Beach, in the sum of (INSERT CONTRACT DOLLAR AMOUN17'.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 asslgns;',for which payment well . and truly to be made, we bind ourselves, our heirs, executors and. adminlstrafo 'rs,-suo0essors,.or'assigns, jointly and severally, firmly by these prosent. 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, oovenants, conditions, and.; agreements.Jn the Contract Documents and any alteration thereof made as therein 'provided ' on ' its,. part ;;, -to ba.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 Clty of.Newport, Beech„ its officers, employees and agents, as therein. stipulated, then, Surety will .faithfully perform.Ahe same, in an amount not exceeding the sum specified in this Bond; otherwise this .obligation shall become null and void. M As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable.expenses and fees, Including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed 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 Prindpal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City, In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been y executed by the Principal and Surety above named, on the 17TH day of MARCH 2O10A SWIFT SLIP DOCK AND PEIR BUILDERS, INC. r v V ( ec Name of Contractor (Principal) orized SignaturefTitle INDEMNITY COMPANY OF C_ ALIFORNIA Name of Surety Authorized Agent atu P.O. BOX 19725 IRIVNE, CA 92623 PHILIP VE( Address of Surety Print Name 626- 859 -1000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE. CA92623 (949) 261-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Phillip E. Vega, Frank Morones, jointly or severally * ** as their We and lawful Attomey(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 mdgranfng unto said Atarney(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 revoca0on, 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 authadty of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, e0ective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying Ne atlomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and thalthe Secretary or any Assistant Secretary 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 adored to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing 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 respectve Vice President and attested by their respective Assistant Secretary this January 1 sL 2000. Stale of Califemia County of Orange On January lst. 2008 before me, Christopher J. Roach, Notary Public Dale Here Insert Name and Tige of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) srare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hWhedlheir authorized capacity(les), and that by bislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of ,CHRIST.OPHER4J. RO%CH which the person(s) acted, executed the instrument. N .OMM tF t7:g5939 H. " NOTARY PU9LJCCALIFORNIA'b' 3 ORANGE COUNTY N ',My comm.. wgxrers may:1B',.�it11. Race Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph Is We and correct. CERTIFICATE seal. The undersigned, as Assistant. Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certfy that the foregoing Power of Attorney remains In full force and has not been revoked, and furthermore, that the provisions of th e resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Wine. California, the 17THday of MARCH, 2010 Y. Albert HlDebrand, Assistant ecretary I0- 1380(Weq(Rev.07107) By: Stephan T. Pate, Senior Vice President eORgs k1. yJQ- op OCT. 8R eW.T.. O J+ 1936 e- Charles L. Oay,Assistant Secretary Stale of Califemia County of Orange On January lst. 2008 before me, Christopher J. Roach, Notary Public Dale Here Insert Name and Tige of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) srare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hWhedlheir authorized capacity(les), and that by bislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of ,CHRIST.OPHER4J. RO%CH which the person(s) acted, executed the instrument. N .OMM tF t7:g5939 H. " NOTARY PU9LJCCALIFORNIA'b' 3 ORANGE COUNTY N ',My comm.. wgxrers may:1B',.�it11. Race Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph Is We and correct. CERTIFICATE seal. The undersigned, as Assistant. Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certfy that the foregoing Power of Attorney remains In full force and has not been revoked, and furthermore, that the provisions of th e resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Wine. California, the 17THday of MARCH, 2010 Y. Albert HlDebrand, Assistant ecretary I0- 1380(Weq(Rev.07107) CALIFORNIA ALL-PURPOSE 1 POACKNOWLEDGMENT State of California County of Los Angeles On 03/17/2010 before me, Monica Blaisdell, Notary Dale He,. I.ed Nure nd Title Pi Ice, personally appeared Philip Vpga Namda) al egnega MONICA SLAISDELL Commission # 1794078 Notary Public - California ' Orange County 1JI y Comm. Exptres t✓1B 26, 2012. i who proved to me on the basis of satisfactory evidence to be the person* whose name(h) is/oW subscribed to the within instrument and acknowledged to me that he/RVJ#mexecuted the same in hisWik*ikauthorized capacdy(tesx and that by his/RWft%ksignature(*on the instrument the person( ), or the entity upon behalf of which the person(x) 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 ✓m�y(� hand daand official seal. n , Signature\ r ' " " 1�/C' Plaw N q Seal AC a Slcmrule d Nome F DNC Walfroll!U4 Though the information below Is not required bylaw, if may prove valuable do persons retying on the document and could prevent fraudulent removal and reattachment of this firm to another document. Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: ❑ "Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHTrTlIVAIRPnlP'1T'' OFSIGNER Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Tiffe(s): ❑ Partner — ❑ Limited L1 General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHIIL4aPRetT OF $IGWER ® 2007 National N0lery A99ocIaNn•9350 De 6oteAVe „P.O.eO[2dp2•ChaISM,N,CA 813132402•wwa.Nn00nnIN0la,y.0,g IMmk6007 Rewde,:GWITaII-Fw140 87&68V OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 16, 2010 Mr. Tom Swift Swift Slip 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Public Dock Access Improvement 151h, 19th, and Fernando Street (C- 4110) Dear Mr. Swift: On August 10, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 18, 2010; Reference No. 2010000401305. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is 350163 -P. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ISSUED IN FOUR (4) ORIGINAL COUNTERr'^PTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH, 19TH AND FERNANDO STREETS CONTRACT NO. 4110 BOND NO. 350163 -P LABOR AND MATERIALS PAYMENT BONI) WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of PUBLIC DOCK ACESS IMPROVEMENTS - 15TH, 19TH AND FERNANDO STREETS, Contract No. 4110 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works 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 Contract No. 4110 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, INDEMNITY COMPANY OF CALIFORNIA 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 (INSERT., CONTRACT DOLLAR AMOUNT) 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 Califomia. 32 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 dul executed by the above named Principal and Surety, on the 17TH day of MARCH .2 0. SWIFT SLIP DOCK AND PEIR BUILDERS, INC. ` co Name of Contractor (Principal) Qhorized Signaturefritle INDEMNITY COMPANY OF CALIFORNIA Name of Surety P.O. 19725 IRVINE, CA 92623 Address of Surety 626 - 859 -1000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND SURETY MUST 9E ATTACHED 33 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Phillip E. Vega, Frank Morones, jointly or severally * ** as their true and lawful Attomey(s)4n -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 Allorney(s) -in -Fact lull 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 Atiorney(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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January tst, 2008, , RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atiomey(s) named In the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to allest 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 cerdficale 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 Vice President and attested by their respective Assistant Secretary this January Isl, 2008. State of California County of Orange On January lst, 2008 before me, Christopher J. Roach Notary Public Dale Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Slgner(s) .GHRISTUPHER J ROAGN: . 'o � GOMM N 1.745939, :.F: Nl)7AR1' PUBLIC CALJf-0RNIA, ��.. OfiANOE COUNTY • N ..)IAy oomm, el.�res.K4ey,1B,.?D11� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscrbed to the within Instrument and acknowledged to me [hat heJshelthey executed the same in hisMerltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I car* under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand CERTIFICATE J. Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cartily that the foregoing Power of Attorney remains In lull 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 date of this Certificate. This Certificate is executed in the City of Irvine. California, the 17THday of MARCH, 2010 By: Albert Hlllebrand, Assistant Sectelary 10.1380(Wet)(Rev.W /07) -aN0 By: c �.0 r,VO Q�nPANYO�.., Stephen T. Pate, Senior Vice President 01?4 yJa' app 9y: 1967.• o; Charles L. Day,Assistant Secretary ao�, 1936 q°'- -. _ __, ex , It, T State of California County of Orange On January lst, 2008 before me, Christopher J. Roach Notary Public Dale Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Slgner(s) .GHRISTUPHER J ROAGN: . 'o � GOMM N 1.745939, :.F: Nl)7AR1' PUBLIC CALJf-0RNIA, ��.. OfiANOE COUNTY • N ..)IAy oomm, el.�res.K4ey,1B,.?D11� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscrbed to the within Instrument and acknowledged to me [hat heJshelthey executed the same in hisMerltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I car* under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand CERTIFICATE J. Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cartily that the foregoing Power of Attorney remains In lull 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 date of this Certificate. This Certificate is executed in the City of Irvine. California, the 17THday of MARCH, 2010 By: Albert Hlllebrand, Assistant Sectelary 10.1380(Wet)(Rev.W /07) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 03 /17 / 2 01 0 before me, Monica Blaisdell, Notary Data W. Imen 14W..ndT1W a a lam, personally appeared Philip Vp,9a Namn9lasgaaaa MONICA -8 Commission # 1794078 Notary Public - California € Orange County My Comm. E",#es Mar26, 2012 I' Plaee.N y SeN Aawe who proved to me on the basis of satisfactory evidence to be the personW whose name (h) islft subscribed to the within instrument and acknowledged to me that helf/execuled the same in his/W/$bli�kauthorized capachy(ta( and that by his/$aftiWignaturs(kkon the instrument the person), 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 1 r \ y„"`r " � si rew a w wtmy Plilec OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and manachment cf this hmm to another document. Description of Attached Document Tide or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signers Name: ❑ "Individual ❑ Corporate Officer—Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing; RIGHT411VU9PRI/1P OF:SIGNE Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Ti le(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGNTTNUAMPRINT offsIGNER 02007Nal..MNotwy Aaaodetlon -X DOSMAW.,P.C.9 NM -Chats M,CA91313 402,wwu.Nata NOlaryag INm#5907 Rmrn :COIVI- Free1506 6827 /�J (ga- U .,II 1, X61 11 ) , Indd rfIif, lil.� 0 l RI : II �, Ia idll s , n , an yB County RECORDING REQU A r).J CL -,k Re. nd:, WHEN RECORDED RETURN.TA Syn I I I itq Z 14,;1.1li1S(,!, t .1111111 11tilIF'/li, City Clerk �, ao.,ltiz City of Newport Beach (Yf CE OF „ , 0 00 0 00 0 00 0 or 0 00 0.00 3300 Newport Boulev BEX-H N f C�Tw:: CITY CRT LERK t -,,,, r Newport Beach, CA 901W "Exempt from recording fees pursuant to Government Code Section 27383" I D NOTICE OF COMPLETION i NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Swift Slip Dock & Pier Builders. Inc., of Costa Mesa, California, as Contractor, entered into a Contract on March 23, 2010. Said Contract set forth certain improvements, as follows: Public Dock Access Improvements — 15th, 19"' and Fernando Streets (C -4110 Work on said Contract was completed, and was found to be acceptable on August 10, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I I at Newport Beach, California. WP BY �WN�Y�►'I�' c�'Q� City Clerk O 4� U My CITY OF NEWPORT BEACH I AUb i n ?non CITY COUNCIL STAFF REPORT i Item No. 7 August 10, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 - 644 -3347 or parciniega @newportbeachca.gov SUBJECT: PUBLIC DOCK ACCESS IMPROVEMENTS— 15'" 19TH AND FERNANDO STR — COMPLETION AND ACCEPTANCE OF CONTRACT NO 411 ISSUE: Work for the public docks has been completed and they are ready for acceptance by the City. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Award Amount Completion Target Actual Time (days) Contract Contract E(3) $164,903.00 $158,222.00 Less 45 Plus10% 4.1% DISCUSSION: On March 23, 2010, City Council authorized the award of the Public Dock Access Improvements — 15 ", 19`h, and Fernando Streets Project to Swift Slip Dock and Pier Builders, Inc. The contract provided for replacing the existing gangway at the 15`" Street dock as well as expanding existing dinghy capacity at 15`h 19`, and Fernando Street docks. I Public Dock Access hnprovements 15'4, 19'� and Fernando Sts. -Completion a,,1 Acceptance of Contract No. 4110 August-10,2010 Page 2 The project was completed without delay and beat the CIP schedule by three days. Swift Slip. Dock and Pier builders did an excellent job and the boating public is very pleased with the new mooring spaces. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $165,903.00 Actual cost of bid items constructed: 154,903.00 Total change orders: 5,599.00 Final contract cost: $160,502.00 The final overall construction cost, including two change orders was approximately 3.3% percent below the original bid amount. The two change orders consisted of extra work items as listed below: Item No. Description Amount 1 Removal of 11" of excess width from Fernando St. Dock $ 300.00 extension. 2 Fernando St. Dock — New wood facia, white rubstrip and 4,519.00 cleats for the existing float and pile caps for the new piles. 15th St. Dock - New wood facia, white rubstrip and cleats for the existing float and pile caps for the new piles. 19th St. Dock — New wood facia, white rubstrip and cleats for the existing float and pile caps for the new piles. 3 Additional cleats for 15 th St. Dock 780.00 Total Project Change Orders $5,599.00 A summary of the project schedule is as follows: Estimated completion date per March 2010 Schedule: July 23, 2010 Project Award for construction: March 23, 2010 Date of Notice To Proceed (NTP): April 16, 2010 Contract Completion Date per NTP & Approved Extensions: June 22, 2010 Actual Construction Completion Date: June 18, 2010 Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers Public Dock Access rovements 15'", 19` "and Fernando Sts. - Completior, J Acceptance of Contract No. 4110 August 10, 2010 Page 3 the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, the City - prepared construction informational notices that were distributed by the Contractor to residents who live within the work vicinity. The notice was distributed ten days prior to the scheduled work. FUNDING AVAILABILITY: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $160,502.00 Consultant Design 25,647.01 Eelgrass Inspection 2,750.00 Incidentals 369.38 Total Project Cost $187,430.18 Funds for the construction project were expended from the following account: Account Description Tide and Submerged Lands Prepared by: W TeL.(/1 Patrick Arcin' g Senior Civil i eer Attachment: Location Map Account Number Amount 7231- C4402000 $160,222.00 Total: $160,222.00 Submitted by: NEWPORTBAY .; PUBLIC DOCK �1 w U, CC w n = y o r m N E NEWPORTBAY BAY AVENUE IWR1 WEST C PUBLIC Dock 5 w w '— BAY AVENUE S WEST n NEWPORTBAY y" 0 PUBLICDOCK 3 V F Fp F FNpF lFR E PROJECT w = LOCATION N - z_ < y LL i S a i L w PUBLIC DOCK ACCESS CITY OF NEWPORT BEACH IMPROVEMENTS PUBLIC WORKS DEPARTMENT 19TH ST., 15TH ST. & FERNANDO ST. DATE 3/10/10 SCALE N.T.S SHT 7 OF 1 DRAWN PA C -4110 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 23rd day of February, 2010, at which time such bids shall be opened and read for PUBLIC DOCK ACESS IMPROVEMENTS -15TH, 19TH AND FERNANDO STREETS Title of Project Contract No. 4110 $ 150,000 Engineer's Estimate by fen G. Badum Works Director Prospective bidders may obtain one set of bid documents for $ 15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Patrick Arciniega, Project Manager at (949) 644.3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http7//www.Newi)ortBeachCA.gov CLICK: Online Services / Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................. ............................... ............................SPA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidders security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. B. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 51'14, F 1dok s substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited In a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California labor Code (Sections 1770 et seq.), the Director of Industrial Retafions has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — Irxiuding, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevaling wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, `Subletting and Subcontracting Fair Practices Act°. 10. All documents shall bear signatures and tides of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures stall be of a general partner. For We ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 797 0 -� -14 Contrac kes License No. & Classification SW I-0 51,P Tnc„ cA97a 2— ,-3-/D Date 4 MY OF NEWPORT BEACH PUBUC wORKs OFPARTMENT PUBJ„IC DOCK ACFAS IMPROVEMENTS ..15TH -19TH AND FERNANDO STREETS CONTRACT NO. 4110 We, the undersigned Principal and Surety; our sucoesso and aaaiyns, esacutofs,.heirs and administrators, agree to be., jointly ;and;severally;.held,NindA anly;.bougd�to:.the,:.Clty of Newport Beach, a charter city, in the piincipal.sum'of TEN PERCENT OF AMOUNT Ell) Dollars ($ 90% to be paid -and f6rfeited to the City of Newport Beach if the bid proposal of the , undersigned Prki�ipai for : tho' construction of PUBUC DOCK ACESS . IMPROVEMENTS - 15TH, 18TH' AND ' FERN OW ANDO STETS, Contract No. 411110 In the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposod contract Is awardod to.the Principal,. and the Principsl.fails to execute the Contract Document's 16 the Torm(s) prescribed; indudincj the required bonds; and original insurance certificates and endorsements for the construction of the project wfthfn thirty (30) calendar days after the date of the mailing of• "Notification of .Award", otherwise this obligation shall become null and void. If the undersigned Principal executing-this Bond Is executing (his Bond as an Individual, it is agreed that the death of any such Principal shall not en' onerate the Surety from its obligations under this Bond. Witness our hands this ND day of SWIFT SLIP DOCK AND PIER BUILDERS, INC. Name of Contractor (Principal) INDEMNITY COMPANY OF CALIFORNIA Name of Surety 534 E. BADILLO ST. COVINA, CA 91723 Address of Surety 626- 859 -1000 Telephone (Notary acknowledgment of Principal & Surly must be attached) ACKNOWLEDGMENT .................................. Won In" :...■■. Room ■. ■......... ■. ago . ■. smog .., State of California County of as. On before me, Public, personally appeared proved to me on the basis of, safisNotofy'6 nr 8:tq. -beith kp subscribed to the within instrument and acknowledged to • me same in his/her/their authorized capacity(ies), and that.by his instrument the person(s), or the entity upon behalf of which the instrument. I certify under PENALTY OF PERJURY under the laws .of the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign language Type of Satisfactory Evidence: Personatly Known with Paper Identificeticn Paper Identification Credible Witness(es) oipadity of signer. _ Trustee Poway of Attorney _ CEOiCFOfC00 President / Vice- President r Secretary J Treasurer Other: Other ktfonnatim. ,..Notary i! *ey 6xecrited the ;ignatures(s) on the acted, executed the of Califamla that the (6.211 Thumbprint of Signer © ,'00*herq! M.thumbpckn or,@tpnptlat . is ayaMble = POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BIOS 19725, IRVINF— CA 92623 1939)'_,3 -.1300 KNOW ALL MEN BY I'll ESL• PRESLN'I -S, that except as expressly Iinmed. DEVELO P5RS SURLTY AND IN DEMNrry COMPANY and INUFMNI'rY C'OM PAN OF CALIFORNIA. do each. hereby make conslimte and appoint: ** *Phillip E. Vega, Frank Morones; jointly or severally * ** as their true and lawful Allomey(xl -in-Fact, In make. exe'c'ute, deliver and tcknowludge, for and nn behalrof said l'tllln 01llrut <, Its suretim hand$, undertakings and lVah'aCrs orsa'etyshlp giving and granting unto said Attorneylsl -hl-Fact full power and militarily to d and to lwifonn evcty act nccessuiN% regnisiIt orpropar Ili be done in connection thin with as each of said corpora Iinns enald tin. but reserving it each of said emporm ions title power of xubsl ilulion and revocation, anti Of of the nos nr said .AIlnmey(sl-in -Fnc6 pursuant 10 these presems, at hereby rmlNcd and confinned. This Power tit' Adurncy is gran led and is signed by facsimile under an III by authority OCIIIC fallowing resalutiom adopted by da raspc•cIive Board al Directors 0f DEVELOPERS SUItE't'Y AND INDEMNITY COMPANY aid INDEMhIll N' ('COMPANY OF CALIFORNIA. el'Tcetive as of Navembrr 1, 21104): RESOLVED, thus the Chuinnan oflhc l3nonl, the hrcsidcnl and any Vice Presidcnl urthc cmpormion he, nail than arch nr,hcm bereby is, amhollml to execute Pavers ul'Anoiney, qualifying the III ut'nry(s1 nunacJ in the Provos of Auumuy in exucutu, nn behalf of the aupaimions, bonds, uudcmlkI %s and Contracts or Nta etyship; and that the Secretary Or any Assisanl Secretary of the cmyormions he, and eueh of them hnvhy is, muhorized to 0ues1 the execution ofary such Power of Attorney: RESOLVED, FLIRI'HER, Ihtn the signatures oratch a0icers tiny be nll)xed u+ any such Power orAmmicy ur W any cerdl)cuic relating dmrem by fnosimile, and tiny ouch Power of Aunrncy nr ecrtilicntc hearing such OICSinhile signatures shall be valid and hinding upon the ewpnratinn when Cu affixed and in the fmarC with respect to any bond, undertaking or cmumei tl'surctychip to which it i5 atxehed. IN Wrr NIiSS W HER @OF, DrfVIiLOI'IiliS SURETY AND INDEMNITY COMPANY aid INDI7.NINI'r)' COMPANY OF CALIFORNIA lurve severally caused these prescnts to be signed by their respective Exlelllivc Vice Presldcnt and tOCsted by Ilmir respective Sccroay d,is Isl Lilly ol'Decend+cr, 21105, Uy: -- �—�_ d Sy,nANO jN Mp ANyO ^ David Ii. Rhodes. Execulive Vicc-Presidenl zf'4�.. :"_ :'••_�,� °•. 4O.n�PO�'O Sat: iD :n. w 19fi7 1936 .'a •; �2� c9crF a' Walter A. Crowell. Secretary ' 7 •., . loge P,,.:'d O STATE OF CALIFORNIA COUNTY OF OR.ANG13 On December I. 2005 before me, Gina L. Garner. Notary Public (here inert nano sad title of the officer), personally appeared David N. Rhodes and Wahc•r A. Crowelh personally knucen to me tar proved In me on the basis of sntisfnetory evidence) to he the person(sl whose attracts) is lire subscribed to (he within insrrancat and acknowledged to nhe that hdshe /they executed the stun in hi>ihcr!thuir anhntized elpacily(irs), unJ that by hislhtthhcir signuhtre(s1 on the instnuncm the pemon(s), of the utility upon behalf or which the petsort(s) acted, execnued the instnunent. WITNESS my hand and official seal. GINA L. GARNER a COMM. k 1569561 {SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY i My comet. expires Ma)', 10, 21199 CERTI FICA'ri: The undmsigned, us Assistant Secrctay, o1' DE VfiLOPERS SURETY AND INDEMNH Y ( 'OM PAN and IN DENINITy C'OM PANS• OF CALIFORNIA. does hereby cmify that the Rnmcgoing Power of Allonhay mnaine in cull fircc and has nut been revoked, anti furthermore, that the previsions Of the resofulitns of (he respective Bounds of Directors of said corporations sci fimh in the Power of Marncy. arc in force as of the dale of lh is Cet'ti ficate. This CeniRCNlc is executed in the Cily of Irvine. California. the 22nd day of FEBRUARY 2010 Ily /,�ii Abell Hillebrand. Assisual Secrelm), U). 1350 (Rev. 121)5) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On02/22/2010 before me, Monica Blaisdell, Notary oam re e ame an r� personally appeared Philip Vega Nam a d 6 er[a MONICA BLAISDELL Commission 9 1794078 d Notary Public • California Orange County CWM Morj ;. 12 who proved to me on the basis of satisfactory evidence to be the person(o whose name((*) isles subscribed to the within instrument and acknowledged to me that he/&Nftexecuted the same in hislWObvikauthorized capacrty(baX and that by h)stRowimignature *an the instrument the person), or the entity upon behalf of which the person(k) acted, mecuted 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 `— m/y,Ir/'hand and official seal. Place NO y SW Aeae Signature "" ' `•"`�- _ U NO a OPTIONAL Though the IMonnation below Is not required by law, Jr may prove valuable to persons relying on Me document and could prevent haudulem romoval and reatlachmar#of Mia &v to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaeity(les) Claimed by Signer(s) Signers Name: ❑ 'Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Umited Q General Ll Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: R!.;4iiHIDd5Rgll OF SI' M1Ed Number of Pages: Signet's Name: ❑ Individual • Corporate Officer — Tltle(s): • Partner — O Limited O General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: WHEM Top or Mumb here e200]f�tlmal NgIDry AMOdetlon•93500a bolo Aw.,P.¢em[?A02•Caele�crN,CA 9 /S1S2a @. mraNelbneGJOlaiyory I'emlt•Afn e6olEer.Cer TeFReeldW8r89BT! U =4048&A1tSrc= Indemnity Company of California mm (a member of NISCOUDOGroup) For ratings and pr oductaccess A.M.Bs,l#:009048 HAICS:25550 FEINA952545113 Loarn I ^a nu VeST Address 1778OFi1chS.ae2OO Irvine, CA 92614 UNrrEDSTAMS Nrf 5 W410 Ph. 9992633300 :p , , ". ,, - .1 -1 . -, �i I;: F. 949-252.1959 iM, Web. mvvv insc.d. can 66 -gim � -- �Wi RatitVA-(Excellent) Long-Torm a- AFfl#atmCoftg(Gmup) Guflwk Stable Firranciat5 izoC44egoryVII(S501difficonto ActlartAffirrinnecl SlDOMftn) Oate,Jurte24,2009 solectons'. OWN WbA Stable Aethritiffiromed Effective Date June 24,2G09 *Der UnderRevre Ratmg&SftmMgdefmms Vishour NmsRoom for the latestnews and press releases forrthIS tompanyanditsAU. Sew Group U.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not fisted, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work r Total Bid Name: Shehrnake✓ -71Z;tjq_ 3 j 6,7, rurr,/rS H pl LC Address: Sal W 171-h S foe g, N, 12 BAKGf_ 0jg al b C o 5 k We 5e, Plane: f yg -5118 -5-357 State License Number: Name: Address: Phone: State License Number. Name: Address: Phone: State license Number. 5'(�lF� Slfp liur�-r l�lei( 84i�r a !' C�a Bidder —° rized Signature/Title 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formill Please print or type. arJ ReVI buildtfs -Twc, FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,400, provide the following information: Project Name/Number ta '2') J beo(t) 1.5 f h S f,,rCi° 1 P(A VI)k�'Lt� IC`s Project Description PCOL c God 0 1q[t' en1ifC P;r 4!anf�&t_Y °Y } Approximate Construction Dates: From To: 3 -'.7 09 Agency Name MW12knv� ffrpPal� tmiqr[fle- 1)�Qf Contact Person a(is Telephone err 6 `1 y_30y y Original Contract Amount $ 57, 9 a Y Final Contract Amount $ Sa rr1 e If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 I t Project Name/Number Project Description Approximate Construction Dates: From 9-1-08 To: 6-3o'-Cs Agency Name t,1rICS +Cc,�cht -r�V1% Contact Person L4 fiV Telephone (;P/) S36 S afl Original Contract Amount $a_ Final Contract Amount $ SXVM *� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Numbe Project Description Approximate Construction Dates: From 3- 06 To: Li- 06 Agency Name _ w Contact Person Telephone MY Y3& -VRZ Original Contract Amount $ 70 j78 Final Contract Amount $ 54t iN1�' If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No.4 (oaSO d, Project Name/Number �va"r„c3- cSCU�i%All fe�a1�S Project Description 015a5S'e2lb1c, S tjte} feS;J.,ft docle -s cRev, r"Ral f'f Approximate Construction Dates: From 10"47� To: 3-o8 Agency Name �b% pxott; fab k wo(kS Contact Person AIVI f;A Telephone aQ r70-6211 Original Contract Amount $11.115- Final Contract Amount $ S Q rrl F If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates, From Agency Name To: Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial Xatement and other information sufficiently comprehensive to permit an appraisal of/th$ Contractor's current financial conditions. // // 71 SZJ �A slip p Bidder 12 SignaturefTide 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 NON - COLLUSION AFFIDAVIT State of California ) County of ✓ e s W beingg first duly swom, deposes and sa that he or she is 1�t9 of 1W r F F 7 71-P Doc kr i7 e� rshe party making the foregoing bid; that the bid is not made in the interest of, or oh behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that Of any other bidder, or to secure any advantage against the public body awarding the contract of anyone Interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. /1% I declare under penalty of perjury of the laws of the State of C rfom' at the f oing is true and correct. 5>~IItSf, Ooc�c +P,p✓ ®u+�r�ffs c E� Bidder Auth r ed Sianature Subscribed and swam(or affirmed) before me on this A3 day of X 6r1. 2010 by -I R'Y J Imtt personally known to me or proved to me on the basis of satisfactory evidence to be the person who appeared before me. I certify under PENALTY OF PERJURY under the I of the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] PHILLIP R, GUSTAVSON� H COMM. #1786805 n U NOTARY PUBLIC - CALIFORNIA � m ORANGE COUNTY O My Comm. Exp�,es,lanuary 21.2012 13 My Commission Expires: l a1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -1 STH.19TH AND FERNANDO STREETS CONTRACT NO. 4110 r DESIGNATION OF SURETIES Bidders name ./ W A Slip Qo&-I puf 7Jtll�(Irr;S J -NG Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): - '�'1, 1 wi►gd r I�')>Jl�►Y (orly,aCirl`� d� �a%r r A/0 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name J�Wt1� ©c(� Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts Total dollar Amount f cc�.., Ll u' �, )!'C' t , nn I �/ f�t1 yaw o Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases © O P] O O - No. of lost workday cases involving Q O 0 O O permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Swlaslqlp 6011dtr -s Business Address: JPDg,f p1q(CAHel &e Business Tel. No.: 9y j6 3 1 -'3+ 2 t State Contractor's License No. and Classification: J Title r fl The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of tV4 records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of J1(Q���� {(_ /� aVAM I, On In efore me, + �^`�Dt a 0 '� M Date r Here Insert Name and a Of the Offi..r personally appeared who proved to me on the basis of satisfacto�ry evidence to be the person) whose name) is/ale subscribed to the within instrument and acknowledged to me that he /sk /i iey executed the same in his/haVth'lir authorized capacity(14), and that by his /hkr /their signature() on the instrument the person ), or the entity upon behalf of which the 15 PHILLIP R. GUSTAVSON person(d) acted, executed the instrument. Fes-- COMM. #1786805 W m NOTARY RANGE COUNTY O C.CAUFORNIp J ORANGE I certify under PENALTY OF PERJURY under the My COMM exOUas January 21, 2012 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my a d and ffic sea. Signature: Place Notary Seal anNor Stamp Above i atu o otery ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descriptibn of Attached Document Title or Type of Document: I � 0.1 Document Date: d Z Number of Pages Signers) Other Than Named Xbova- Capacity(ies) ClaINW by Signer(s) Signer's Name: \ • Corporate Off icer— Title(s):- ❑ Individual • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual Top of thumb here Partner — p Limited ❑General Top of thumb here ❑ A ey in Fact ❑ Trustee ❑ Guardian or servator ❑ Other: Signer Is Representing: 02008 National Notary Aesoclabun, 9350 De SOO Ave,. P.O. Box 2402 • Chabworth, CA 91313 -2402• www.NalmnalNMary.M Bare #5907 Reorder. Call Toll-Free 1- 876b827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 ACKNOWLEDGEMENT OF ADDENDA Bidders name cS W A - i I P The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received i re 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: s-W-J 1 S4tu POC L, i � r (�(ti 1ri. r J it . 1 --II Business Address �0�7 .'�1Cfic'k -Tlq A C (os4y IMrS,.ret T Telephone and Fax Number. 7Y Y- 1--3 1 � 1 ` . ?( `' %/ % / "-J� 13 1�4 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 73,A Expiration List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Pe i e , The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of (� l r c.1 r ty 1 If 18 T/T Sly /laiIc /aar N,12 lVeL.6' /s -106 Corporation organized under the laws of the State of (� l r c.1 r ty 1 If 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Nolvi✓ Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. N Have yott ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for la mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ! o Are any claims or actions unresolved or outstanding? Yes 1 No 19 If yes to any of jte above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. QP_ 1cf_ C SwL (Printp"e of Owner or President of Co(raopation /CornDanv) r! 1� p &Ideef i ±d CFo Bidder I A odzed tgjanatu itle ( I�® STATE OF CALIFORNIA Title COUNTY OF ORANGE 2_23 -10 Date ,M-10 On personally Notary Public, who proved to me on the basis of satisfactory evidence to be the person) whose name(sVis/ale subscribed to the within instrument and acknowledged to me that he/sh�/thh executed the same in his /her ih@ir authorized capacity(), and that by his/hekth�r signature( 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 my hand and official seal. (SEAL) Notary Public inlana for said State My Commission Expires: *DX 1� E11-1-4 ZILLIP R. GUSTAVSON� COMM. #1786805 NOTARY PUBLIC - CALIFORNIA --I ORANGE COUNTY O My Comm Ezpues January 21, 2 012 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. 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, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned 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. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company s forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 ......... ............................... CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS - 15TH. 19TH AND FERNANDO STREETS CONTRACT NO. 4110 CONTRACT � /� THIS AGREEMENT, entered into this �3 _ day of r!`Q010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Swift Slip and Pier Builders, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PUBLIC DOCK ACESS IMPROVEMENTS -15TH. 19TH AND FERNANDO STREETS The work necessary for the completion of this contract consists of installing dock extension, removing existing piles and installing new piles at three public dock locations in the City. 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: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits,'Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4110, Standard Specifications for Public Works Construction (current adopted edition and all supplements) 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. 22 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 One Hundred Fifty -Four Thousand, Nine Hundred Three and 00 /100 Dollars ($154,903.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (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. 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 (Government Code 900 et seq.). 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 Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Patrick Arciniega (949) 644 -3347 Swift Slip & Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 949 - 631 -3121 949 - 631 -3122 Fax INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 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, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 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. 4. Coverage Requirements. a. Workers' Compensation Coveraae. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her 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. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. 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 Agreement, 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 occurrence. 5. 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 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages 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; 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 elected or appointed officers, officials, employees, agents or volunteers. ii. 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. 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. 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 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. 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 agreement. PP41 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. 7. 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. 8. Right to Stop Work for Non - Compliance City shall have the right to direct 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY 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 perfonned 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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: [d1I110KI12ki i}IIi7 ii:]mr_[I3:I A Municipal Corporation B Mayor SWIFT SLIV &PIERBUILDERS, INC. 0 Officer) Title: C90 c Print Name: 1 eh`� CS W —4 By:_ (Tina icer) Title: Fv Print Nam r::� ,' / Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 ISSUED IN FOUR (4) ORIGINAL COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACrESS IMPROVIMENTS -15TH. 19TH AND F RNANDO: STREETS COO ,TRACT NO.4110 BOND. NO. 350163 -P FAITHFUL PERFORMANCE B ND The premium charges on this Bond is $ 3,875.58 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City Council of the City.of New Beach, State of Califomia,.by matron adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ', a contract for construction of PUBLIC DOCK ACESS IMPROVEMENTS ..15TH, 19CH.AND- FkAkMDO STREETS, Contract No. 4110 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained. in the Public. Works Department of the City of Newport Beach, all of which are incorporated herein °bv this.reference. WHEREAS, Principal has executed or is about to execute Contract No. 4110 and the terms thereof require the furnishing of a Bond for the faithful performance of theboniract; NOW, THEREFORE, we, the Principal, and INDEMNITY COMPANY OF CALIFORNIA , duly authorized to transact business under, the fawn of . the State of California as Surety (hereinafter "Surety"), are held and firmly bound 'unto the,. Cry of Newport Beach, in the sum of (INSERT .CONTRACT DOLLAR AMOUNT)'. 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 truly to be made, we bind ourselves, our heirs, executors and. administrators, suoms' or5,.or assigns, )oinily, 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 assign%..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 tie kept and performed at the time and in the manner thereiri specified, and In all respells according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of.Newport.Beach, its officers, employees and agents, as therein. stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this .oblidatiori shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified In this Performance Bond, there shall be included costs and reasonable, expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond, Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the tenns of the Contract of 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 lima, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City, In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been executed by the Principal and Surety above named, on the 17TH day of MARCH 010 SWIFT SLIP DOCK AND PEIR BUILDERS, INC. d Name of Contractor (Principal) orized Sfgnatureffitle INDEMNITY COMPANY OF CALIFORNIA L 4 Name of Surety Authorized Agent Vature P.O. BOX 19725 IRIVNE, CA 92623 Address of Surety 626- 859 -1000 Telephone NOTARY ACKNOWLEDGMENTS of CONTRACTOR AND SURETY MUST BE ATTACHED 29 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 2x3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constlute 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, bands, undertakings and contracts of surety- ship giving and granting unto said Attorney(sHn -Fad 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 Atomey(s)4n -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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2088. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is, autrodzed to execute Powers of Attorney, qualilytng the atomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the executlon 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 Aeomey, or certificate hearing such famimle signatures shall be valid and binding upon the corporations when so affixed and in the future Win respect to any band, undertaking or contract of suretyship to which It H 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 Vice President and allEsted by their respective Assistant Secretary this January 1st, 2009. �SV7 ,AN° By: a 4t Iw"%a :ANY Stephen T. Pale, Senior Vice President sgp ?,+;0 -VO-4 ,r fi��;, G �4k" . ¢y: 4 OCT; r By' 1'of •o-3 U... QCTB 1.967 � Charles L. Day, Assistant Secretary 1838 ? �;;,, A $ CS .•c., 2' ''c,;M3O'..(UWP,,., *,� fF .� ,R('•1F.6FCV�• State of California •.�,,, * „ „aw' County of Orange On Januarvist•21108 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Naw(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) isrue subscribed to + ..w.. - - the wtmin Instrument and acknowledged to me that hafshelthey executed the same In hlsynenthelr authorized 7f - capacty(ies), and that by Nsnhedmeir signature($) on the tnshumentthe person(s), or the entity upon behalf of lI CHRISTiIPHEfI'J; R0df'+i1 which the person(s) acted, executed the Insmrment. N 0TCAbg Mm. .A ;1.7l 4k t03F 8i1J IA • f ; 00.* U. - Y° ORANGE -0Q My com n ees, � ro `I9, 20i1 Place Notary Seal Above I car* under PENALTY OF PERJURY under the laws of the State of Call is that the foregoing paragraph Is true and cored. WITNESS my hand and official seal. Signature �����T Ch er J, Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby centy that the foregoing Power of Money remains In full force and has not been revoked, and fiumermoe, that the provisions of the resalutiona of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of tints Certificate. This CeNficate is executed in the City of Irvine, California, the 17THday of MARCH, 2010 By: Ir Albert Hlllehrand, Assistant ecretary I D- 1380(Wet)(Rev.07107) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 03/17/2010 beforems, Monica Blaisdell, Notary Wle . ImW Ncare en . personally appeared Philip Vega e d9 qe MONICA BLAISDELL Commission # 1794078 _m^ Notary Public - California £ Orange County t,AyCcmm.F Mat242012 i who proved to me on the basis of satisfactory evidence to be the person(s) whose namefk) is/p subscribed to the within Instrument and acknowledged to me that he /gedyftexecuted the same in h!sW4hV&auftfized capa*(.bW and that by hisl� fgnature((on the instrument the persori�), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal�� Pleas name sea none SlgnatUi6\_JV1y �"' elm d N"ry / cM/ OPTIONAL Though the lmommHon below Is rwt mcluked by law, n may prove valuable to pwsons retying on the document and could provanrt haudulem ram ml and mattachment of Mla k= to anot1wdo ument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: D 'Individual ❑ Corporate Ofticer— Tiee(s): _ ❑ Partner — ❑ Limited D General ❑ Attorney in Fed ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: B'C H:'': i'J!BHHH!N' Ll Number of Pages: Signer's Name: • Individual • Corporate Officer — Tfde(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 7E -TI. I RiN- t »' Sl�slari; ®2WrNatlona NUffi1y Amauelbn•A(i50 De Gala MS.,P.O.timt 24l¢•CaelB.wlq, GA 818112402. mrutletlm�NUlmyag 1fem Y890r Rwrder: Ce!ITY4FaetA06610fi821 ISSUED IN FOUR (4) ORIGINAL COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROV MENTS -15TH, 19TH AND FERNANDO STREETS CONTRACT NO. 4110 BOND NO. 350163 -P FOR AND MATER16�9 PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Cafifomia, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal; a contract for construction of PUBLIC DOCK ACESS IMPROVEMENTS - 16TH, 18TH AND FERNANDO STREETS, Contract No. 4110 in the City of Newport Beads, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works 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 Contract No. 4110 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, of for any work or. labor done thereon of any kind, the Surety on this bond will pay the same to the eldest here inafter set forth: NOW, THEREFORE, We the undersigned , Principal, and, INDEMNITY COMPANY OF CALIFORNIA duty 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 (INSERT, CONTRACT DOLLAR AMOUNT) 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. 32 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 aotlon 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 terns 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, atteraUons or additions to tho 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 Principal and Surety, on the 17TH day of MARCH SWIFT SLIP DOCK AND PEIR BUILDERS, INC. Name of Contractor (Principal) INDEMNITY COMPANY OF CALIFORNIA Name of Surety Authorized P.O. 19725 IRVINE, CA 92623 PHILIP VE Address of Surety Print Namc 626 - 859.1000 Telephone executed by the above named ( co NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92B27 J949)263-5311f) KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, consi and appoint ** *Phillip E. Vega, Frank Morones, jointly or severally * ** as they bue and I&& Atomey(s}f ad, to make, execute, deliver and acknowledge, for and on behalf of said mWatoos, as sureties, bonds, undertakings and mntraclsof swebJ- ship giving and granting unto said Atomey(spn -Fad 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 cap orations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the ads of said Ahomey(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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Um President of the corporation be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the M nmwf(s) named In the Powers of Attomey to execute, on behalf of the corporations, bomis, undertakings and contracts of erretyship; and lhatthe Secretary a any Assistant Secretary of the corporations be, and each of them hereby a, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures at such officers may be affixed to any such Power of Attorney or to any certificate relating 9rereto by facsimile, and any such Power of Agomey or certificate hearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking a contract of suretyship to which !its attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their resperbve Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Vice President �e""PPOTTS o .I F I OGT. 'N By- Charles L. Day,Assistant Secretary 10 .. 3 0. 19 3 . 6 ?;d93� rQW a State at California County of Orange On JanuarYlst 2008 before me, ChrislopherJ Roach Notary Public Date Here Insert Name and The of the Officer personally appeared Stephen T. Pate and Charles L. Day _ Name(s) of Signer(s) who proved to me an the basis of satisfactory evidence to be the person(s) whose names) isfare subscribed to the within instrument and acknowledged to me that hefsrheltltey, executed the same In hlslherltheir authorized capaclry(les), and that by hislhedtheir signature(s) on the Instrument the person(s), or the entry upon behalf of CHRLSTOPHER'J %.RQAGM which the pemon(s) acted, executed the instrument g G,CiMlN,p-i7g593g . NOTAR`/0!.U8 F6 At ORAN GE. 000lJ'h!" N MYCOMM..ah�irestYtey1B, MI Place Notary Seal Above I certify under PENALTY OF PERJURY under the law's of the Slate of California that the foregoing paragraph Is true and correct. WITNESS my hand and offi lal seal. Signature ChrutitiVer J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and 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 date of this Certificate. This Cedifimte H executed in the Clty of IMne, California, the 17THday of MARCH, 2010 .Albert Nlllebrend, Assistant Secretary 161380(Wet)(Reu07y07) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ll} On 03 /17 / 201 0 before me, Monica Blaisdell, Notary Dale HMkWNarm&WTX0fMGWCW personally appeared Philip VPgA _ wn dBVG* MONICA sLAISDELL COmm1531on # 1794078 o Notary Public • California Orange County I NNCamLr Mar242012 1, Plam wanly $del above who proved to me on the basis of satisfactory evidence to be the person(yj whose name() isl& subscribed to the within instrument and acknowledged to me that he/Ae / executed the same in hislWauhorized capacrty(WX and that by hh*WA*%MWgnature(*on the instrument the person(), or the entity upon behalf of which the person(x) 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 `MI W TV re a wary wo wc.".' Though flee Information below Is not required by law,, d may prove valuable to persons retying on ore document arrd could prevent fraendulerrt removal and maftachmentof fto ram to ancvherdocument Description of Attached Document Title or Type of Document: Document Date: Signer(G) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: C 'Individual ❑ Corporate Officer— Wale): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact Li Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name; ❑ Individual ❑ Corporate Officer — Tftfe(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here • Trustee Top of rhumb here • Guardian or Conservator ED Other. Signer Is Representing: ®zbsT webonelw�ry aemcatlon•et�e oe som r«e.,raem awz•cbevawml.ca smsfa- zaoz•wwv.wnnoralwavyo� I�ansem nealmr:callTan�miaaasraem ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE IMMIDBM ) SWIFr_, 3/22/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Shorepoint Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License # 0247753 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1120 Bristol St. LTRJNSRD TYPE OF INSURANCE POLICY NUMBER ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Costa Mesa CA 92626 -5964 , GENERAL LIABILITY Phone: 714- 430 -0035 Fax:714- 430-0036 41,000,000 INSURERS AFFORDING COVERAGE INAIC tI DISLIKED I S100,006 CLAIMS MADF. rXI OCCUR .......... _ s5,000 - INSURER A. uezcnem eesursnce Co c[ mmn PERSONAL&ADVMSURY_ GENERAL AGGREGAI'I. INSURERS. XazcTO.d Fi ze Inwra ^ce co Swift $lip INSURERC: PRODUCTS - C 1.1 )Y AGU 2027 Placentia Ave X POLICY JEST LOC Costa Mesa, CA 92627 INSURER D. -- - - - - -- COVERAGES IHE POI¢IES OF,NSUWINCE LISTED BLLOWIVNE BEEN ISSUED TO THE INSURED NAMEUADOVE FOR THE POLICY PERIOD INDICATED NOTIMTHSTANDWO ANY R1!WIREMENT,'1 ERM OR CONDIDON OF ANY CONTRACTOR OIIICR DOCUMENT WI f I I RESPECT TO VAIICLI THIS CERTIFICATE MAY UE ISWFO OR MAY PERTAIN, THE INSURANCE MFORDFD RY THE POLICIES DESCRIBED HEREIN IS SUBJFCT TO ALL TIE TERMS. EXCLUSIONS AND CONDITIONS OF SUCI I POLICIES. AGGREGATE LIMITS SHOPM MAY HAVE BEEN REDUCED BY PAIDCLAIMS. ^I —IAM PDATE LTRJNSRD TYPE OF INSURANCE POLICY NUMBER MNIOq'YY) IM won�l LIMITS , GENERAL LIABILITY LACI I OCCURRENCT: 41,000,000 A X I COMMERCW GENERAL LIABILITY N5JH71774 02101110 02/01/11 VAM AGL -IYI RENTED PREMISES(Eaucwle^ce) I S100,006 CLAIMS MADF. rXI OCCUR ( MUD EXP IAAY DU pMsan? s5,000 - �— ._. ..... PERSONAL&ADVMSURY_ GENERAL AGGREGAI'I. 51,000,000 , 000 , 000 GEN'LAGGREGATELIMrtAPPLIESPER. PRODUCTS - C 1.1 )Y AGU ,000,000 N515 X POLICY JEST LOC Ded � 000 II��AUT77OMOBILE LIABILITY COMBINED SINp.F. LIMIT !31000,000 B AUTO , 72UECJ03331 02/01/10 02/01/11 AEA eawenp - XANY ALL OARED AUTOS BODILY INJUHv ""Y N^I S I SCHEDULED AUTOS 'P II— HIREDAUTOS OOf11LY""UNY E Js NON -UVMEO AUTOS IPa[e_'7') . .. .. .— (P.'acNeY^OAMAGE f S f GARAGE LIABILITY .._._I AUTO ONLY - EA ACCIDENT .... ... E ANY AUTO DINER MAN EA ACC AUTO ONLY AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURHENCL J 51,000,000 A OCCUR L_ I CLAIMS MADE N5JH71775 02/01/10 02/01/11 AGGREGATE. . E 1J 000, 000 DEDUCTIBLE E X RETENTION 15,000 E WOW(ERS COMPENSATION AND LAMTS I LIt EMPLOYERS LIABILITY _TORY, E L LACH ACCIDENT _ _ is ANY PROPRIEI'OROIARTNERIEXECUTIVE OFFICP WMEMBER EXCLUDED? E L DISEASE - EA EMPLOYP:E s UYEC i O I ..�..... . SPECIAL wIpw L PROVISIONS TEL DISEASE POLICY uxrO •S OTHER 1 I _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENOORSEMENT I SPECIAL PROVISIONS (Ref: Public Dock Access Improvements job) City of Newport Beach, its elected, appointed officials, agents, officials, employees and volLUnteers named as Additional Insured. Coverage is primary and non - contributory, including waiver of subrogation. •Ten days notice of cancellation for non- payment of premium City of Newport Beach Public Works Department Attn: Shauna Lyn Oyler 3300 Newport Blvd. Newport Beach CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BAIT FAILURE TO 00 50 SHALL IMPOSE NO OBLIGAITON OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR 1 NTERNAT[ONAL ENDOILSEMENT fl8 1NARINE ire 0'j UNDERWRITERS To be attached and made part of Policy Number NSJR 71774 of The Northern Assurance Company of America Issued to: Swift Slip ElToctive February I, 2010 it is hereby agreed that the following entities shall he numcd as Additional insured as their respective interest may appear: The City of Newport Beach 330U Newport Blvd., Bldg. C Newport Beach, CA 92663 City. its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out ol'the activities preformed 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 r borrowed by Contractor, The coverage afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. 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 or volunteers as respects all claims, losses. or liability arising directly or indirectly from the Contractor's operations or services provided by the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess ofthe Contractor's insurance and shall not contribute with it. Dated: March 22, 2010 Signature of Authon,e Representative Fax Server 3/17/2010 3:14:31 PM PAGE 2/004 Fax Server CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 - CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE GATE: 03 -17 -2010 GROUP: 000238 POLICY NUMBER 0003859 -2009 CERTIFICATE 10: 38 CERTIFICATE EXPIRES: 12-31 -2010 12- 31- 2009/12 -31 -2010 CITY OF NEWPORT BEACH SG JOB:PUBLIC DOCK ACCESS IMPROVEMENTS SHAUNA LYN OYLER, PUBLIC WORKS DEPT CONTRACT #6110 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3816 This is to certify that we have issued a valid Workers' Compensation insurance policy In a farm 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. tT111IZE1 REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - THOMAS SWIFT PRES - EXCLUDED. ENDORSEMENT #1600 - PETER C SWIFT SEC.TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12 -31 -2008 IS ATTACHED TO IUD FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2010 -03 -17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SWIFT SLIP DOCK a PIER BUILDERS, INC. 2027 PLACENTIA AVE COSTA MESA CA 92627 (REV.2-05) SG [CMS,CSI PRINTED : 03-17-2010 Ud CERTHOLDER COPY SG P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03 -17 -2010 CITY OF NEWPORT BEACH 514AUNA LYN OYLER, PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3616 GROUP: OW238 POLICY NUMBER: 0003859 -2009 CERTIFICATE 16 38 CERTIFICATE EXPIRES: 12 -31 -2010 12- 31- 2008/12 -31 -2010 SG JOB:PUBLIC DOCK ACCESS IMPROVEMENTS CONTRACT #4110 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. tORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - THOMAS SWIFT PRES - EXCLUDED. ENDORSEMENT #1800 - PETER C SWIFT SEC,TRES - EXCLUDED. -- ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NDTICE EFFECTIVE 12 -31 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2010-03 -17 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SWIFT SLIP DOCK 8 PIER BUILDERS, INC 2027 PLACENTIA AVE COSTA MESA CA 82527 SG [IMO,SCj txev.2.0ef PRINTED : 03 -17 -2010 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/23/2010 Dept. /Contact Received From: Shauna Oyli Date Completed: 03/23/2010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: Swift Slip GENERAL LIABILITY A. INSURANCE COMPANY: Northern Assurance Co of America B. EFFECTIVE DATES: 02/01 /2010 to 02/01/2011 C. AM BEST RATING (A-: VII or greater): "A "(X111) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus E. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 Umbrella F. PRODUCTS AND COMPLETED OPERATIONS ( Musst include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No I. 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 J. 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Fire Insurance Co B. EFFECTIVE DATES: 02/01/2010 to 02/01/2011 C. AM BEST RATING (A-: VII or greater) "A "(XV) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $210 min for Waste Haulers): $1,000,000 Plus What is limits provided? $1,000,000 Umbrella F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No G. 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. EFFECTIVE DATES: State Compensation Insurance Fund 12131/2009 to 12/31/2010 C. AM BEST RATING (A-: VII or greater): D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: lffl�4ffe, AN lff&v4 23, 2010 Agent of Brown & Brown 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 ® Yes ❑ No Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of I Mat - e Contractor's License Detail - License # 797052 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this Information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17, only Construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor falls to comply with the terms of the arbitration. �> Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 797052 Extract Date: 03/08/2010 _ SWIFT SLIP DOCK& PIER BUILDERS INC _ _....._.......... Business Information: 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 ............ Business Phone Number: (949) 631 -3121 ..___............, ....... ._....._. ................. Entity: Corporation Issue Date: 07/03/2001 Expire Date: 07/3112011 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number SC8000067 in the amount of $12,500 with the bonding company AMERICAN.CONTRACTORS INDEMNITY COMPANY. Effective Date: 03102/2009 Bonding: CcO- -dot's Bonding Hi .Rsgry, BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) PETER CAMPBELL SWIFT certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07103/2001 This license has workers compensation insurance with the STATE COMPENSATION )N$URANCE FUND Policy Number: 238- 0003859 Workers' Compensation: Effective Date: 12!3112007 Expire Date: 12/31/2010 Workers' Compensation History Conditions of Use I Priya4y Policy Copyright © 2010 State of California https: / /www2. cslb. ca. gov/ OnlineServices /CheekLicense /LicenseDetaii.asp 03/08/2010 Cust Encompass Detail Acct. Type: Business Tax License #: BT01122734 Bus. ID: 0009895 Name: SWIFT SLIP DOCK & PIER BLDRS Owner Name: SWIFT, PETER Owner Phone: 949- 645 -9106 Owner Type: C Exp. Date: 1113012010 S Addy: 2027 PLACENTIA AVE S Addy 2: Addr3: COSTA MESA CA Zip: 92627 B Addr1: 2027 PLACENTIA AVE B Addr2: B Addr3: COSTA MESA, CA B Zip: 92627 Phone: 949 -631 -3121 FEIN: 7960 SEIN: 2261296 Established: 12/1/2001 SIC: 1799 -MISC SPECIAL TRADE CONTRACTORS Owner #: 0009895 # of Emps: 0 usr1: 23924 usr2: BT01122734 usr3: usr4: usr5: usr6: usr7: Emergency Contact Info Contact: Phone: Page 1 of 1 http: / /apps.citynet. newportbeachca. gov/ masterid /ENC_detaii.asp ?EID= BT01122734 03/08/2010 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT III���FOR% ADDENDUM NO. 1 PUBLIC DOCK ACCESS IMPROVEMENTS - 15TH, 19T" AND FERANDO STREETS roff-RIN , DATE: 2' %IO BY: i4�& Deputy 131034ic Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. SPECIAL PROVISIONS: 15TH STREET PUBLIC DOCK 1. Section 9 -3 Payment: Delete Bid Item No. 5 and replace with: "Item No. 5 Furnish and Install New Aluminum ADA Gangway, Dock Signage and Reestablish Water Service to Dock: Work under this item shall include furnishing and installing 30 -foot aluminum gangway as shown on the plans including production of shop drawings, furnishing and installing new hose bib and water service as described in Section 207 -25, furnishing and installing dock signage per plans, removing electrical Conduit and conductor from pier to floating dock, quality assurance, transportation; installation, all necessary hardware and all other work items as required to complete the work in place. c:\documents and settings \rstein\local settings\temporary intemet fi1es\ content.out1ook\2obw19kpWdendum no 1 (4).doc 2. Section 9 -3 Payment: Add Bid Item No. 5A: "Item No. 5A Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. access ramp, and all other work items as required to complete the work in place as shown on Sheet C -8 plan check number: 0421 - 2009." 19th STREET PUBLIC DOCK 3. Section 9 -3 Payment: Delete Bid Item No. 10 and replace with: "Item No. 10 Furnish and Install Galvanized Handrail, Safety Rail, Toe Plate and Dock Signage: Work under this item shall include furnishing and installing all items including ADA compliant handrail, hardware, fittings, connections, dock signage per plans including materials, hardward and other items necessary for installation, and all other work items as required to complete the work in place." FERNANDO STREET PUBLIC DOCK 4. Section 9 -3 Payment: Delete Bid Item No. 11 and replace with: Item No. 11 Remove and Dispose of Existing Pile Work under this item shall include the removing and disposing of the existing pile as shown on the plans and all other work items as required to complete the work in place. This task includes removing a 3" steel stand pipe located on the easterly side of the pier." 5. Section 9 -3 Payment: Delete Bid Item No. 14 and replace with: "Item No. 14 Furnish and Install Galvanized Handrail, Safety Rail, Toe Plate and Dock Signage: Work under this item shall include furnishing and installing all items including ADA compliant handrail, fittings, connections, dock signage per plans including materials, hardward and other items necessary for installation, and all other work items as required to complete the work in place. Odocuments and settingslrsteinllocal settingsttemporary internet fi1eslcontent .out1ookl2obw19kpkaddendum no 1 (4).doc PART 2 CONSTRUCTION MATERIALS SECTION 207 207 -25 Natural Rubber Potable Water Hose. Add to this section: "Furnish and Install to Goodyear Potable 1 inch diameter Water Hose 150 psi WP industrial hose order code: 542 -445: hftp://www.goodyearep.com/productsdetail.asr)x'?id=3092 or approved equal. See attached cut sheet. Install pipe from end of pier to bottom of gangway, approximately 35 feet in length." B. PROPOSAL: Delete the original proposal and replace with the proposal entitled "Amended Proposal ". Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. 5th}- S 11-0 00(k rl'Irir 8u1l�Qe�s Bidder's Name ( I .� , 't..)O .-Y Date '1 A thorized Sig ease Print) try f ( ,EO & Title Odocuments and settings \rstein\local settingsVemporary internet files\ content .outlook\2obw19kp1addendum no 1 (4).doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMENDED- PROPOSAL PUBLIC DOCK ACCESS IMPROVEMENTS - 151h. 191h and FERNANDO STREETS CONTRACT NO. 4110 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all material s- exeept that- materW-supptied by the City acid "shall perform all work required to complete Contract No. 4110 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum As Built Plans Fj re, h h sred @ Dollars and Zer o Cents $ Per Lump Sum Lump Sum Mobilization fIVe.�v3� Seen ej /� @ Dollars and ZT 3 Cents $ %S7( Per Lump Sum PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15th Street Public Dock 3. 5 EA Furnish and Install 12 -Inch Precast Prestre sed Pile -�y r✓rnC h tndprel Nrifi `t ✓e - ollars and Cents Per Each Iq 4. Lump Sum Furnish and Install New Dock I ^ e,5 h`'y Sevi'�'1 A1,OL'S1, ollars and _ 2erc, Cents $ `� U Per Lump Sum 5. Lump Sum Furnish and Install New 30 -Foot Aluminum ADA Gangway, Dock Signage and Reestablish Water Service to Dock ?e,i-Ihc %A50"A 5"Ven @ h rrd Dollars and Cents $ /0,7o15— Per Lump Sum 5A. 1 EA Remove and ConstruIpt P C.C. Access Ramp @S --gypp _` rs / 7 ^ (Xl� Iwe fiVAef "a J brz�V Cents $ Per Each 19th Street Public Dock /?) 6. 1 EA Remove and Dispose OExisting Pile i @ 3 7S Dollars and 2t ry Cents $ 37 S $ 3 %C Per Each PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7. 4 EA Furnish and Install 14 -Inch Precast Prestressed Pile Th ), 4-y+ily;ce h U44 @ 4 -w�_�� Dollars and t Vr0 Cents $S $ — Per Each 8. 1 EA Furnish and Install 12 -Inch Precast Prestressedpile @ gide Dollars and 2e 4''o Cents $ OS,S- $ 3_ Per Each 9. Lump Sum Furnish and Install New Dock Tuz „ly .jjjh.' .f h-;,'W ,d @hewn lj,ne'eA"ejh_6r Dollars and Cents $ Per Lump Sum 10. Lump Sum Furnish and Install Galvanized Handrail, Safety Rail, Toe Plate and Dock Signage @ F d�ii�CU r 'r'' ✓ Dollars Fvu and Cents Per Lump Sum Fernando Street Public Dock 11. 3 EA Remove and Dispose Of Existing Pile pp -( wee K4ved Se vt Jy @ A ✓t Dollars and 2e O Cents $ 3157 $ Per Each PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 4 EA Furnish and Install 12 -Inch Precast Prestressed pile �tJen(�Nrn�e hyrNQ��'Sti��' /t�' @ Dollars -Z-eV-0 and $ a9�� $ II qua Per Each 13. Lump Sum Furnish and Install New Dock TVXA {hm'Utrid Ore @ n..r+, r`a N5lli t An. Dollars and o 9� 2-- r'v Cents $ a , Per Lump Sum 14. Lump Sum FUirt -ii-0 andlffsta -II GaTvaniied Handrail, SafetylRall; Toe Plate and Dock Signage , . 5/x {hov�,Gntj frde @htAn4Ced P 'I11yy �- WCDollars and zero Cents $ b,s t3'1 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS I fov� Ou , Dollars and _Cents $br,,= " s /SZ/� 90 R Total Price (Figures) -M -/o Date Phone 9y4 631 -3i a l t,+la[ 91/1 631 3 i a 3 Bidder's Telephone and Fax Numbers T? Bidder's License No(s). and Classification(s) Bidder's email address: Last saved by sro*ks02 /19 12010 3:33 PM S'wlrr st_ +� Ooc�t -P��2 f3� Bidder,�I) n C60 Authorized Signature and Title �ialx�uu Svc, c 01 q.)62-7 Bidder's Address e+e 5w,4-t-51rpe5bc 11oba(1ne+ 1 1 1 1 2 2 `] 2 2 2 3 3 3 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MASTER FORMAL CONTRACT CONTRACT NO. 4110 INTRODUCTION PART 1 --- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5.3 General 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 `] 2 2 2 3 3 3 3 3 3 3 3 3 6-7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.1 Cleanup and Dust Control 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified By Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 SECTION 210 PAINT AND PROTECTIVE COATINGS 11 210 -3 GALVINIZING 11 210 -3.1 General 11 210 -3.5 Repair of Damaged Zinc Coating 11 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 12 300 -1.5 Solid Waste Diversion 12 E \users \pbw \shared\contmcts\fy 09 -10 \public dock access improvements col 10 \public dock access improvements col 10 \specs index c -41 I0.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SN srA1LCGq" A ... -..�., .nth .. th - --' - --- ----'- ^` CONTRACT NO. 4110 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. H- 5188 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) City of Newport Beach Waterfront Project Guidelines and Standards — Harbor Design Criteria Commercial and Residential Facilities, 2008 Edition. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. City of Newport Beach Waterfront Project Guidelines and Standards — Harbor Design Criteria Commercial and Residential Facilities, 2008 Edition can be found on the City's website at http: / /newpo rtbeachca.gov /Mod u les /S howDocu ment.aspx ?documentid =1194. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5.3 General. Change the first paragraph, "Shop drawings and submittals, including duplicate samples showing available color range, shall be prepared and provided to the Engineer at the Contractor's sole expense. 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of installing dock extension, protecting existing piles and installing new piles at three public dock locations in the City." SP2OF12 The City of Newport Beach has or will obtain all remaining State and Federal permits associated with this project. The Dock systems shall conform in general to the dimensions and details shown on the Plans and these special provisions. The dock system shall be designed and constructed in accordance with the requirements of the 2007 California Building Code (CBC), City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria Commercial and Residential Facilities, 2008 Edition and the Layout & Design Guidelines for Marina Berthing Facilities, latest edition, published by the State of California Department of Boating and Waterways. 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion, of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SP3OF12 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work SP 4 OF 12 until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 18t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 0 the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondq is a holiday. If January 1s1 July 4in, November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the SP5OF12 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control. Add to this section, "The Contractor shall be solely responsible for containing and collecting construction debris and dust such that no construction debris, dust, wash down or cleanup sweeping shall reach the ocean." 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, SP6OF12 Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.citv.newport- beach. ca. us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the SP7OF12 Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian, boat, and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." SP 8 OF 12 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP9OF12 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 As Built Plans Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. 15th Street Public Dock Item No. 3 Furnish and Install 12 -Inch Precast Prestressed Pile: Work under this item shall include furnishing and installing 12 -Inch piles as shown on the plans including production of shop drawings, quality assurance, sample taking and testing, casting, pretensioning, transportation, driving, and all other work items as required to complete the work in place. Item No. 4 Furnish and Install New Dock: Work under this item shall include furnishing and installing new dock panels as shown on the plans including, furnishing and installing all blocking, walers, stringers, framing, hinges, fascia, cleats, pile rollers, decking, connections, floats and flotation material, modifications to existing docking to accommodate the new docking, and all other work items as required to complete the work in place. Item No. 5 Furnish and Install New Aluminum ADA Gangway: Work under this item shall include furnishing and installing 30 -foot aluminum gangway as shown on the plans including production of shop drawings, quality assurance, transportation, installation, all necessary hardware and all other work items as required to complete the work in place. 19th Street Public Dock Item No. 6 Remove and Dispose of Existing Pile: Work under this item shall include the removal of the existing pile as shown on the plans including disposal and all other work items as required to complete the work in place. SP 10 OF 12 Item No. 7 Furnish and Install 14 -Inch Precast Prestressed Pile: Work under this item shall include furnishing and installing 14 -Inch piles as shown on the plans including production of shop drawings, quality assurance, sample taking and testing, casting, pretensioning, transportation, driving, and all other work items as required to complete the work in place. Item No. 8 Furnish and Install 12 -Inch Precast Prestressed Pile: Work under this item shall include furnishing and installing 12 -Inch piles as shown on the plans including production of shop drawings, quality assurance, sample taking and testing, casting, pretensioning, transportation, driving, and all other work items as required to complete the work in place. Item No. 9 Furnish and Install New Dock: Work under this item shall include furnishing and installing new dock panels as shown on the plans including, furnishing and installing all blocking, walers, stringers, framing, hinges, fascia, cleats, pile rollers, decking, connections, floats and flotation material, modifications to existing docking to accommodate the new docking, and all other work items as required to complete the work in place. Item No. 10 Furnish and Install Galvanized Handrail, Safety Rail and Toe Plate: Work under this item shall include furnishing and installing all items including ADA compliant handrail, fittings, connections, and all other work items as required to complete the work in place. Fernando Street Public Dock Item No. 11 Remove and Dispose of Existing Pile: Work under this item shall include the removal of the existing pile as shown on the plans including disposal and all other work items as required to complete the work in place. Item No. 12 Furnish and Install 12 -Inch Precast Prestressed Pile: Work under this item shall include furnishing and installing 12 -Inch piles as shown on the plans including production of shop drawings, quality assurance, sample taking and testing, casting, pretensioning, transportation, driving, and all other work items as required to complete the work in place. Item No. 13 Furnish and Install New Dock: Work under this item shall include furnishing and installing new dock panels as shown on the plans including, furnishing and installing all blocking, walers, stringers, framing, hinges, fascia, cleats, pile rollers, decking, connections, floats and flotation material, modifications to existing docking to accommodate the new docking, and all other work items as required to complete the work in place. Item No. 14 Furnish and Install Galvanized Handrail, Safety Rail and Toe Plate: Work under this item shall include furnishing and installing all items including ADA SP 11 OF 12 compliant handrail, fittings, connections, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall conform to the standards outlined in the City of Newport Beach Waterfront Project Guidelines and Standards — Harbor Design Criteria Commercial and Residential Facilities -2008 Edition" available online at http://www.newportbeachca.gov/index.aspx?page=455. 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: `Reinforcing steel conform to the standards outlined in the City of Newport Beach Waterfront Project Guidelines and Standards — Harbor Design Criteria Commercial and Residential Facilities -2008 Edition." SECTION 210 - -- PAINT AND PROTECTIVE COATINGS 210 -3 GALVANIZING 210 -3.1 General. Add to this section "All fabricated metal items, plate, angle, brackets, clips, bolts, nuts, washers, and miscellaneous hardware except stainless steel items shall be hot -dip galvanized in conformance with Section 210 -3 unless noted otherwise on the Plans. All galvanizing shall be done after fabrication." 210 -3.5 Repair of Damaged Zinc Coating. Add to this section "All damaged galvanizing shall be treated in accordance with this section of the Standard Specifications. Hardware shall be galvanized after cutting, forming, bending, welding or after being damaged." SP 12 OF 12 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: `Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: hfti): / /www.city.newoort- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. F :1Users\PBWIShared\ContractslFY 09- 101Public Dock Access Improvements C4110 1Public Dock Access Improvements C- 41101SPECS C- 4110.doc 14 • • CITY OF NEWPORT BEACH t I MAR 2 � ?Pln CITY COUNCIL STAFF REPORT March 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 - 6443347 or parciniega @newportbeachca.gov SUBJECT: PUBLIC DOCK ACCESS IMPROVEMENTS —15TM, 19TM FERNANDO STREETS — AWARD OF CONTRACT " 411 Approve the project drawings and specifications. 2. Award Contract No. 4110 to Swift Slip Dock and Pier Builders, Inc. for the Total Bid Price of $154,903.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,000.00 (6.45 %) to cover the cost of unforeseen work. DISCUSSION: At 10:00 A.M. on February 23, 2010, the City Clerk opened and read the following two bids for this project: BIDDER Low Swift Slip Dock and Pier Builders, 2 Associated Pacific Constructors 3 Coppertop Enterprises 4 Atlas Engineering 5 Permadock TOTAL BID AMOUNT Inc. $154,903.00 $168,813.79 $184,515.66 $213,700.00 Rescinded bid 'Bid read as $184,515.74 A fifth bid was received from Permadock, Inc., in the amount of $147,377.47. However, this bid was conditional on the City allowing an alternative fiberglass dock system. Though the system is interesting, the plans and specifications clearly called for a typical wood and float dock system. After meeting and reviewing the issue with Permadock, they choose to recind their bid, making Swift Slip Dock and Pier Builders (Swift Slip) the lowest responsive bid. The lowest responsive bid amount is 3.27% higher than the Engineer's Estimate of $150,000.00. Swift Slip, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Swift Slip's references indicates satisfactory completion of similar projects for other public agencies, including projects for the City. i • Public Dock Access Improvements - 15'. 19' and Fernando Streets Award of Contract No. 4110 Mardi 23, 2010 Page 2 The work necessary to complete this contract consists of replacing the existing gangway to the 15'' Street dock as well as expanding existing docks and piles at 15t , le and Fernando Street to provide more storage capacity for dinghies. Pursuant to the Contract Specifications, the Contractor will have 45 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section Class 1 (e-1) 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication. Fundina Availability There are sufficient funds available in the following account for the project. Account Description Tides and Submerged Lands Proposed uses are as follows: Vendor Swift Slip Dock & Pier Builders Various Prepared by: Patrick Arciniega Senior Civil Engineer Attachments: Project Location Map Account Number Amount 7231- C4402000 1 165.903.00 Total: $ 165,903.00 Purpose Construction Contract $ Construction Contingency $ Printing and Incidentals $ Total: $ Submitted by. ll�tekhey G. Badum Public orks Director Amount 154,903.00 10,000.00 1,000.00 165,903.00 w m m NEWPORTBAY "LIC mac BAY AVENUE WEST PROJECT LOCATION NEWPORTSAY r W W K r m s PUBLIC m 6: 4, ��ia —\ s NEWPORTBAY w W 0 0 Z z W LL PUBLIC DOCK ACCESS CITY OF NEWPORT BEACH IMPROVEMENTS PUBLIC WORKS DEPARTMENT 19TH ST., 15TH ST. & FERNANDO ST. __ 0 0 10 Oi, L� N.T.S 'r" i OF 1 PA C -4110 t�', OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC August 10, 2011 Mr. Tom Swift Swift Slip 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Public Dock Access Improvement 15111,19th, and Fernando Street (C -4110) Dear Mr. Swift: On August 10, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 18, 2010. Reference No. 2010000401305. The Surety for the contract is Indemnity Company of California and the bond number is 350163 -P. Enclosed is the Faithful Performance Bond. Sincerely, 4�D �W' Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us ISSUED IN FOUR (4) ORIGINAL COUNTERP ^RTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACES$ IMPROVEMENTS -1.5TM 19TH AND FERNANDO:STREETS CONTRACT NO. 4:110 BOND NO. 350163 -P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,875.58 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City Council of the Cily.of Newport Beach, State of Califomia,.by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ",,a contract for construction of PUBLIC DOCK ACESS IMPROVEMENTS :.15TH, 19TH.AND, FER.NANDO STREETS, Contract No, 4110 in the City of Newport'BeaCh, in sttlet Conformity with.'the plans, drawings, specifications, and other Contract Documents - main fined. in ;the Public. Works Department of the City of Newport Beach, all of which are incorporated herein'bv this,referenoa. WHEREAS, Principal has executed or is about to execute Contract No. 4110 and the terms thereof require the furnishing of a Bond for the faithful performance of the'Contract; NOW, THEREFORE, we, the Principal, and INDEMNITY COMPANY, OF CALIFORNIA , duly authorized to transact business under.-the laws' of .the State of California as Surety (hereinafter "Surety"), are held and firmly boun 'unto the., City of Newport Beach, in the sum of (INSERT CONTRACT DOLLAR AMOUN17'.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 asslgns;',for which payment well . and truly to be made, we bind ourselves, our heirs, executors and. adminlstrafo 'rs,-suo0essors,.or'assigns, jointly and severally, firmly by these prosent. 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, oovenants, conditions, and.; agreements.Jn the Contract Documents and any alteration thereof made as therein 'provided ' on ' its,. part ;;, -to ba.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 Clty of.Newport, Beech„ its officers, employees and agents, as therein. stipulated, then, Surety will .faithfully perform.Ahe same, in an amount not exceeding the sum specified in this Bond; otherwise this .obligation shall become null and void. M As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable.expenses and fees, Including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed 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 Prindpal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City, In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been y executed by the Principal and Surety above named, on the 17TH day of MARCH 2O10A SWIFT SLIP DOCK AND PEIR BUILDERS, INC. r v V ( ec Name of Contractor (Principal) orized SignaturefTitle INDEMNITY COMPANY OF C_ ALIFORNIA Name of Surety Authorized Agent atu P.O. BOX 19725 IRIVNE, CA 92623 PHILIP VE( Address of Surety Print Name 626- 859 -1000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE. CA92623 (949) 261-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Phillip E. Vega, Frank Morones, jointly or severally * ** as their We and lawful Attomey(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 mdgranfng unto said Atarney(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 revoca0on, 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 authadty of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, e0ective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying Ne atlomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and thalthe Secretary or any Assistant Secretary 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 adored to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing 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 respectve Vice President and attested by their respective Assistant Secretary this January 1 sL 2000. Stale of Califemia County of Orange On January lst. 2008 before me, Christopher J. Roach, Notary Public Dale Here Insert Name and Tige of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) srare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hWhedlheir authorized capacity(les), and that by bislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of ,CHRIST.OPHER4J. RO%CH which the person(s) acted, executed the instrument. N .OMM tF t7:g5939 H. " NOTARY PU9LJCCALIFORNIA'b' 3 ORANGE COUNTY N ',My comm.. wgxrers may:1B',.�it11. Race Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph Is We and correct. CERTIFICATE seal. The undersigned, as Assistant. Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certfy that the foregoing Power of Attorney remains In full force and has not been revoked, and furthermore, that the provisions of th e resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Wine. California, the 17THday of MARCH, 2010 Y. Albert HlDebrand, Assistant ecretary I0- 1380(Weq(Rev.07107) By: Stephan T. Pate, Senior Vice President eORgs k1. yJQ- op OCT. 8R eW.T.. O J+ 1936 e- Charles L. Oay,Assistant Secretary Stale of Califemia County of Orange On January lst. 2008 before me, Christopher J. Roach, Notary Public Dale Here Insert Name and Tige of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) srare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hWhedlheir authorized capacity(les), and that by bislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of ,CHRIST.OPHER4J. RO%CH which the person(s) acted, executed the instrument. N .OMM tF t7:g5939 H. " NOTARY PU9LJCCALIFORNIA'b' 3 ORANGE COUNTY N ',My comm.. wgxrers may:1B',.�it11. Race Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph Is We and correct. CERTIFICATE seal. The undersigned, as Assistant. Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certfy that the foregoing Power of Attorney remains In full force and has not been revoked, and furthermore, that the provisions of th e resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Wine. California, the 17THday of MARCH, 2010 Y. Albert HlDebrand, Assistant ecretary I0- 1380(Weq(Rev.07107) CALIFORNIA ALL-PURPOSE 1 POACKNOWLEDGMENT State of California County of Los Angeles On 03/17/2010 before me, Monica Blaisdell, Notary Dale He,. I.ed Nure nd Title Pi Ice, personally appeared Philip Vpga Namda) al egnega MONICA SLAISDELL Commission # 1794078 Notary Public - California ' Orange County 1JI y Comm. Exptres t✓1B 26, 2012. i who proved to me on the basis of satisfactory evidence to be the person* whose name(h) is/oW subscribed to the within instrument and acknowledged to me that he/RVJ#mexecuted the same in hisWik*ikauthorized capacdy(tesx and that by his/RWft%ksignature(*on the instrument the person( ), or the entity upon behalf of which the person(x) 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 ✓m�y(� hand daand official seal. n , Signature\ r ' " " 1�/C' Plaw N q Seal AC a Slcmrule d Nome F DNC Walfroll!U4 Though the information below Is not required bylaw, if may prove valuable do persons retying on the document and could prevent fraudulent removal and reattachment of this firm to another document. Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: ❑ "Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHTrTlIVAIRPnlP'1T'' OFSIGNER Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Tiffe(s): ❑ Partner — ❑ Limited L1 General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHIIL4aPRetT OF $IGWER ® 2007 National N0lery A99ocIaNn•9350 De 6oteAVe „P.O.eO[2dp2•ChaISM,N,CA 813132402•wwa.Nn00nnIN0la,y.0,g IMmk6007 Rewde,:GWITaII-Fw140 87&68V OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 16, 2010 Mr. Tom Swift Swift Slip 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Public Dock Access Improvement 151h, 19th, and Fernando Street (C- 4110) Dear Mr. Swift: On August 10, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 18, 2010; Reference No. 2010000401305. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is 350163 -P. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ISSUED IN FOUR (4) ORIGINAL COUNTERr'^PTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC DOCK ACESS IMPROVEMENTS -15TH, 19TH AND FERNANDO STREETS CONTRACT NO. 4110 BOND NO. 350163 -P LABOR AND MATERIALS PAYMENT BONI) WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of PUBLIC DOCK ACESS IMPROVEMENTS - 15TH, 19TH AND FERNANDO STREETS, Contract No. 4110 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works 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 Contract No. 4110 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, INDEMNITY COMPANY OF CALIFORNIA 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 (INSERT., CONTRACT DOLLAR AMOUNT) 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 Califomia. 32 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 dul executed by the above named Principal and Surety, on the 17TH day of MARCH .2 0. SWIFT SLIP DOCK AND PEIR BUILDERS, INC. ` co Name of Contractor (Principal) Qhorized Signaturefritle INDEMNITY COMPANY OF CALIFORNIA Name of Surety P.O. 19725 IRVINE, CA 92623 Address of Surety 626 - 859 -1000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND SURETY MUST 9E ATTACHED 33 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Phillip E. Vega, Frank Morones, jointly or severally * ** as their true and lawful Attomey(s)4n -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 Allorney(s) -in -Fact lull 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 Atiorney(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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January tst, 2008, , RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atiomey(s) named In the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to allest 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 cerdficale 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 Vice President and attested by their respective Assistant Secretary this January Isl, 2008. State of California County of Orange On January lst, 2008 before me, Christopher J. Roach Notary Public Dale Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Slgner(s) .GHRISTUPHER J ROAGN: . 'o � GOMM N 1.745939, :.F: Nl)7AR1' PUBLIC CALJf-0RNIA, ��.. OfiANOE COUNTY • N ..)IAy oomm, el.�res.K4ey,1B,.?D11� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscrbed to the within Instrument and acknowledged to me [hat heJshelthey executed the same in hisMerltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I car* under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand CERTIFICATE J. Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cartily that the foregoing Power of Attorney remains In lull 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 date of this Certificate. This Certificate is executed in the City of Irvine. California, the 17THday of MARCH, 2010 By: Albert Hlllebrand, Assistant Sectelary 10.1380(Wet)(Rev.W /07) -aN0 By: c �.0 r,VO Q�nPANYO�.., Stephen T. Pate, Senior Vice President 01?4 yJa' app 9y: 1967.• o; Charles L. Day,Assistant Secretary ao�, 1936 q°'- -. _ __, ex , It, T State of California County of Orange On January lst, 2008 before me, Christopher J. Roach Notary Public Dale Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Slgner(s) .GHRISTUPHER J ROAGN: . 'o � GOMM N 1.745939, :.F: Nl)7AR1' PUBLIC CALJf-0RNIA, ��.. OfiANOE COUNTY • N ..)IAy oomm, el.�res.K4ey,1B,.?D11� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscrbed to the within Instrument and acknowledged to me [hat heJshelthey executed the same in hisMerltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I car* under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand CERTIFICATE J. Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cartily that the foregoing Power of Attorney remains In lull 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 date of this Certificate. This Certificate is executed in the City of Irvine. California, the 17THday of MARCH, 2010 By: Albert Hlllebrand, Assistant Sectelary 10.1380(Wet)(Rev.W /07) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 03 /17 / 2 01 0 before me, Monica Blaisdell, Notary Data W. Imen 14W..ndT1W a a lam, personally appeared Philip Vp,9a Namn9lasgaaaa MONICA -8 Commission # 1794078 Notary Public - California € Orange County My Comm. E",#es Mar26, 2012 I' Plaee.N y SeN Aawe who proved to me on the basis of satisfactory evidence to be the personW whose name (h) islft subscribed to the within instrument and acknowledged to me that helf/execuled the same in his/W/$bli�kauthorized capachy(ta( and that by his/$aftiWignaturs(kkon the instrument the person), 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 1 r \ y„"`r " � si rew a w wtmy Plilec OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and manachment cf this hmm to another document. Description of Attached Document Tide or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signers Name: ❑ "Individual ❑ Corporate Officer—Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing; RIGHT411VU9PRI/1P OF:SIGNE Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Ti le(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGNTTNUAMPRINT offsIGNER 02007Nal..MNotwy Aaaodetlon -X DOSMAW.,P.C.9 NM -Chats M,CA91313 402,wwu.Nata NOlaryag INm#5907 Rmrn :COIVI- Free1506 6827 /�J (ga- U .,II 1, X61 11 ) , Indd rfIif, lil.� 0 l RI : II �, Ia idll s , n , an yB County RECORDING REQU A r).J CL -,k Re. nd:, WHEN RECORDED RETURN.TA Syn I I I itq Z 14,;1.1li1S(,!, t .1111111 11tilIF'/li, City Clerk �, ao.,ltiz City of Newport Beach (Yf CE OF „ , 0 00 0 00 0 00 0 or 0 00 0.00 3300 Newport Boulev BEX-H N f C�Tw:: CITY CRT LERK t -,,,, r Newport Beach, CA 901W "Exempt from recording fees pursuant to Government Code Section 27383" I D NOTICE OF COMPLETION i NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Swift Slip Dock & Pier Builders. Inc., of Costa Mesa, California, as Contractor, entered into a Contract on March 23, 2010. Said Contract set forth certain improvements, as follows: Public Dock Access Improvements — 15th, 19"' and Fernando Streets (C -4110 Work on said Contract was completed, and was found to be acceptable on August 10, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I I at Newport Beach, California. WP BY �WN�Y�►'I�' c�'Q� City Clerk O 4� U My CITY OF NEWPORT BEACH I AUb i n ?non CITY COUNCIL STAFF REPORT i Item No. 7 August 10, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega, Senior Civil Engineer 949 - 644 -3347 or parciniega @newportbeachca.gov SUBJECT: PUBLIC DOCK ACCESS IMPROVEMENTS— 15'" 19TH AND FERNANDO STR — COMPLETION AND ACCEPTANCE OF CONTRACT NO 411 ISSUE: Work for the public docks has been completed and they are ready for acceptance by the City. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Award Amount Completion Target Actual Time (days) Contract Contract E(3) $164,903.00 $158,222.00 Less 45 Plus10% 4.1% DISCUSSION: On March 23, 2010, City Council authorized the award of the Public Dock Access Improvements — 15 ", 19`h, and Fernando Streets Project to Swift Slip Dock and Pier Builders, Inc. The contract provided for replacing the existing gangway at the 15`" Street dock as well as expanding existing dinghy capacity at 15`h 19`, and Fernando Street docks. I Public Dock Access hnprovements 15'4, 19'� and Fernando Sts. -Completion a,,1 Acceptance of Contract No. 4110 August-10,2010 Page 2 The project was completed without delay and beat the CIP schedule by three days. Swift Slip. Dock and Pier builders did an excellent job and the boating public is very pleased with the new mooring spaces. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $165,903.00 Actual cost of bid items constructed: 154,903.00 Total change orders: 5,599.00 Final contract cost: $160,502.00 The final overall construction cost, including two change orders was approximately 3.3% percent below the original bid amount. The two change orders consisted of extra work items as listed below: Item No. Description Amount 1 Removal of 11" of excess width from Fernando St. Dock $ 300.00 extension. 2 Fernando St. Dock — New wood facia, white rubstrip and 4,519.00 cleats for the existing float and pile caps for the new piles. 15th St. Dock - New wood facia, white rubstrip and cleats for the existing float and pile caps for the new piles. 19th St. Dock — New wood facia, white rubstrip and cleats for the existing float and pile caps for the new piles. 3 Additional cleats for 15 th St. Dock 780.00 Total Project Change Orders $5,599.00 A summary of the project schedule is as follows: Estimated completion date per March 2010 Schedule: July 23, 2010 Project Award for construction: March 23, 2010 Date of Notice To Proceed (NTP): April 16, 2010 Contract Completion Date per NTP & Approved Extensions: June 22, 2010 Actual Construction Completion Date: June 18, 2010 Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers Public Dock Access rovements 15'", 19` "and Fernando Sts. - Completior, J Acceptance of Contract No. 4110 August 10, 2010 Page 3 the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, the City - prepared construction informational notices that were distributed by the Contractor to residents who live within the work vicinity. The notice was distributed ten days prior to the scheduled work. FUNDING AVAILABILITY: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $160,502.00 Consultant Design 25,647.01 Eelgrass Inspection 2,750.00 Incidentals 369.38 Total Project Cost $187,430.18 Funds for the construction project were expended from the following account: Account Description Tide and Submerged Lands Prepared by: W TeL.(/1 Patrick Arcin' g Senior Civil i eer Attachment: Location Map Account Number Amount 7231- C4402000 $160,222.00 Total: $160,222.00 Submitted by: NEWPORTBAY .; PUBLIC DOCK �1 w U, CC w n = y o r m N E NEWPORTBAY BAY AVENUE IWR1 WEST C PUBLIC Dock 5 w w '— BAY AVENUE S WEST n NEWPORTBAY y" 0 PUBLICDOCK 3 V F Fp F FNpF lFR E PROJECT w = LOCATION N - z_ < y LL i S a i L w PUBLIC DOCK ACCESS CITY OF NEWPORT BEACH IMPROVEMENTS PUBLIC WORKS DEPARTMENT 19TH ST., 15TH ST. & FERNANDO ST. DATE 3/10/10 SCALE N.T.S SHT 7 OF 1 DRAWN PA C -4110