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HomeMy WebLinkAboutC-4759 - Little Balboa Island Sand Groins MaintenanceCITY 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 10AM on the 7th day of April, 2011, at which time such bids shall be opened and read for LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Title of Project Contract No. 4759 Approved It rector Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Project Manager at (949) 644 -3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.qc)v CLICK: Online Services / Bidding & Bid Results City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ........................................ .............................13 DESIGNATION OF SURETIES ......................................... .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT.................................................................................... ............................... 21 FAITHFUL PERFORMANCE BOND ................................................ .............................29 LABOR AND MATERIALS PAYMENT BOND .............................. ............................... 333 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 Pa City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4739 INSTRUCTIONS TO BIDDERS 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 ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 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 bidder's 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. 6. 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 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered barik in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 838125 A&B Contractor's License No. & Classification CopperTop Enterprises, Inc. Bidder MJ& President Authorized Signature/Title 04/06/11 Date M Bond no. 1000835095-01 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of the total amount bid ---------------------------------- Dollars ($ 10% of the total* ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE, Contract No. 4759 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the ContractDocumentsin the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. *amount bid not to exceed $11,000.00 If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 7th day of April , 2011. CopperTop Enterprises, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety Authorized Signature/Title Authorized A Ent Sig ture Edith Garibay 601 S. Figueroa Street, Suite 1600 Los Angeles, CA 90017 Attorney -in -Fact _ Address of Surety Print Name and Title 310-649-0990 Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 04/07/2011 Date before me, Rosa E. Rivas , Nc.lgy Public Here Insert Name and Title of the Officer personally appeared Edith Garibay ------------------------------------------------------ Name(s) of Signer(s) E._11111VAft Commission 01771214 Notary Public - California orange County who proved to me on the basis of satisfactory evidence to be the persorlks) whose nameKis/armsubscribed to the within instrument and acknowledged to me that Wshe/fk6y executed the same in,�K/her/>k authorized capacity(�, , and that by bis'/her/tli&signature(k on the instrument the persons,), 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. Signature CZ, Place Notary Seal Above Signature of Notary Public 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. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: 04/07/2011 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s):_ ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY IM�4ko CONTRACTORS INDEMNITY COMPANY TED STATES SURETY MS SPECIALTY INSURANCE COMPANY I XNO� ALL "MEN BY THESE PRESENTS. That American Contractors IndeltityVftany, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Eugene T. Zondlo, Rosa E. Rivas or Edith Garibay of Irvine, California its; truezod lawful-Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full pow_ _ _ y hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on December 8, 2012 TTTltis Pow ttomey is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companifs: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or -any st_Si1_�_ ry shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and air and on behalf of the Company subject to the following provisions: Attorney -in -Fact maybe given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company -'s liabunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President – at�lddc by the Corporate Secretary. I€sd,t .2–Fam—w ature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating - I�eret6 csiresr�, many power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15`" day of June, 2009. - AMERICAN CONTRACTORS INDEMNR MP�1rTITED STATES SURETY COMPANY U S -SPECIALTY INSURANCE COMPANY Corporate Seals �taETORSsut� - SpEetq�r �4 yo T INCIDsin26,1M SEAL co ti F = By: �- --- - ,,, SEPT.46,1990 � r gt+FDPJ�► o^ �� tie b a Dan' . I„� iil L "e ,,president State of California II I'I X11 jl�ll ��IIII County of Los Angeles SS: On this 15`” day of June, 2009, before me, V. Wright, a -notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be- the _person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ ISI i �c t r mlifoinia fy < Ango 8 County Signature t (Seal) my Comm. Explros Dec 0, 2012 J I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above andforegoing is a true and correct coR�wer of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutionsigofeBrs�a dsI_rs, set out in the Power of Attorney are in full force and effect. — In Witness Whereof, I have hereunto set my hand and affixed the seals of saiMmpanies at Los Angeles, California this 7th day of April ,2011• o�tY1ETOgE�yPEC/qtr` I — — C. O J• T Z i, i mond �.l 0 0 0 8 3 5 0 9 5– 0 iNCOPPORATED S EAL eannie J. Kim, Assistant Secretary Agency No. �.�5F _ sinn,im c r ,yb b + - _ City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 DESIGNATION OF SUBCONTRACTORM State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the 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 % of Number Total Bid Name: Newport Dredging Inc. 4,5,6 Installation of the sheet piles and 50% pile cap Address: 177 Riverside Drive, Unit F Newport Beach, CA 92663 Phone: 714-645-0334 State License Number: 957414 Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: CopperTop Enterprises, Inc. Bidder President *Authond Signature/Title 8 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form! I! Please print or type. Bidders Name CopperTop Enterprises, Inc. 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 $15,000, provide the following information: No. 1 Project Name /Number B38 Renovate Conference Center?N62473- 07- G- 2nss_0009 Project Description Renovate Conference Center Approximate Construction Dates: From 04/09 To: 05/09 Agency Name NAVFAC Southwest Contact Person Batina Christmas Telephone (760 579 -2344 Original Contract Amount $133,000 Final Contract Amount $ 166,164.50 If final amount is different from original, please explain (change orders, extra work, etc.) Client upgrade (extra work) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 2 Project Name /Number 85305 Add Bathroom to Sports Bar / N62473 -07 -G- 2035 -0010 Project Description Reconfigure computer room and add bathroom to remainder of space Approximate Construction Dates: From 05/09 Agency Name NAVFAC Southwest 07/09 Contact Person Carolyn Aresto Telephone (858) 577 -1230 Original Contract Amount $103,000 Final Contract Amount $ 109.289.24 If final amount is different from original, please explain (change orders, extra work, etc.) Client upgrade (extra work) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. R7 No. 3 Project Name /Number Camp Wilson Classroom / N62473 -07 -G- 2035 -00136 Project Description Installation of concrete footings /slab and tension fabric structure Approximate Construction Dates: From 11/09 To: 12/09 Agency Name NAVFAC Southwest Contact Person Claudio Casupang Telephone (760) 830 -7417 Original Contract Amount $335,899 Final Contract Amount $ 335,899 If final amount is different from original, please explain (change orders, extra work, etc.) None 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 10 No. 4 Project Name /Number Multiple Building Repairs - N62473 -10 -C -1410 Project Description Structural repairs and finish upgrades to multiple buildings Approximate Construction Dates: From 06/10 Agency Name NAVFAC Southwest Contact Person Lela Huffman To: 10/10 Telephone (56� 626 -6038 Original Contract Amount $1,201,189 Final Contract Amount $ 1,266,169 If final amount is different from original, please explain (change orders, extra work, etc.) Client upgrades (extra work) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name /Number Replace Carpet B -44 N62473 -09 -D- 0403 -0011 Unginal bid was tor cosmetic upgrades to TiniShes within gym. During-course Project Description of construction structural damage to building was discovered Approximate Construction Dates: From 09110 Agency Name NAVFAC Southwest To: current Contact Person Batina Christmas Telephone (160) 577 -6421 Original Contract Amount $174,618 Final Contract Amount $ 232,133 w/further changes pending If final amount is different from original, please explain (change orders, extra work, etc.) Discovery of failed roof beam(s) increased scope dramatically. Shoring & beam replacement added Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? if yes, briefly explain and indicate outcome of claims. No 11 No. 6 Project Name/Number Landscape Improvements Del Valle N62473 -10-C-3830 Project Description Construct site walls and sidewalks along roadways on base Approximate Construction Dates: From 09/10 To: Current Agency Name NAVFAC Southwest Contact Person Charlene Ray Telephone (760 830-7414 Original Contract Amount $ 245,842 Final Contract Amount $ In process If final amount is different from original, please explain (change orders, extra work, etc.) Not applicable Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. TO BE DETERMINED AT TIME OF AWARD Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. CopperTop Enterprises, Inc._ President Bidder Authorized Signature/Title 12 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 NON -COLLUSION AFFIDAVIT State of California ) S5. Countyof Orange Deborah L. Williams being first duly sworn, deposes and says that he or she is President of CopperTop Enterprises, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. CopperTop Enterprises, Inc. President I Bidder Authorized Signatureffitle Subscribed and sworn to (or affirmed) before me on this day of 06Z�__, 2011 by LJ:e-LaQ, W ( , Cr 1 11 z 1 A -r) proved to me on the basis of satisfactory evidence tc be the person(&•) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Public np;am7374(SEAL]CALIFORUNTYr 26, 2015 My Commission Expires: MckA a 13 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 DESIGNATION OF SURETIES Bidders name CopperTop Enterprises, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): SullivanCurtisMonroe - 2100 Main Street, Suite 350, Irvine, CA 92614 BONDING - (949) 250 -7172 NMC Insurance Services P.O. Box 2159, Laguna Hills, CA 92653 INSURANCE -(949)206-0929 14 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 CONTRACTOR'S INDUSTRIAL SAFETY RECORD �� �TrzO ACCOMPANY PROPOSAL Bidders Name �bqX t? �lkk✓b✓L�i T/YLC• — I I U I 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 2010 2009 2008 2007 2006 Total 2011 No. of contracts 8 62 60 35 26 17 208 Total dollar Amount of Contracts (in $2mil $4.3 mil $2.2mil $1.7mil $2.1mil $1.2mil $13.5mil Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No_ of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent transfer to another job or termination of 0 0 0 0 0 0 0 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 Business Address: Business Tel. No.: State Contractor's License No. and Classification: CopperTop Enterprises, Inc. 2302 S. Susan Street, Santa Ana, CA 92704 714 - 545 -4814 838125 A&B President Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 04/07/11 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or if fewer than all of the partners /joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation_ All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 16 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 04/07/2011 before me, E. Garibav Notary Public Date Here Insert ame and T°le of the officer personally appeared Deborah L. Williams Name(s) of Signer(s) E 'GA RTAV � "•' ��••. COMMISSION #1880001 NptazyPubl�- California ORANGE COUNTtl o My Commission Expires FFrvlJp ay i? 2oia Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persoq(s) "'whose namejsj is /l rTsubscribed to the within instrument and acknowledged to me thatliE7she /Jhdy executed the same in,hfs /her /ttyefP authorized capacity(ies), and that byy j* /her /t)t eirsignature(.sron the instrument the person(,c}, or the entity upon behalf of which the perso*7 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.i" Signature Signature of Notary Public 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. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner —❑ Limited I–] General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited El General ❑ Attorney in Fact : • - ❑ Trustee ° ❑ Guardian or Conservator 77op of thumb here ❑ Other: Signer Is Representing: ��: ��. �t���' �' c: �` �?= i?N�' e�. �v` 45�..' �2>C. �ti�t�`. ��. �" �t" T�• 1�is� ^�L�Si��:�3�e�'c'�'�"Ci;`e 0 2007 National Notary Association • 9350 Do Solo Ave., P.O. So. 2402 • Chatsworth, CA 81313-2402 • w .NauonalNolar,org Item 45907 Reorder: Call Toll-Free 1- 800 - 876-0827 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 ACKNOWLEDGEMENT OF ADDENDA Bidders name CopperTop Enterprises, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature None 17 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 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: CopperTop Enterprises, Inc. Business Address: 2302 S. Susan Street, Santa Ana, CA 92704 Telephone and Fax Number. 714 -545 -4814 / 714 -545 -4838 California State Contractor's License No. and Class: 838125 A &B (REQUIRED AT TIME OF AWARD) Original Date Issued: 05/13/2004 Expiration Date: 05/13/2012 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: Matthew Burden / Project Manager 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 Deborah L. Williams President 2302 S. Susan St., Santa Ana, CA 92704 714 - 545 -4814 Corporation organized under the laws of the State of it -] California The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: JG1 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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 partles; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be Considered non-responsive. CopperTop Enterprises, Inc. Bidder Deborah L. Williams (Print name of Owner or President of Corporation/any) t4j'�'Z 2f�� Aarized Signature/Title President Title 04/04/2011 Date On) -(D before me, Notary Public, personally appeaiWd Deborah L. Williams who proved to me on the basis of satisfactory evidence to be the person(a) whose name(&) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in WslherfthsiF authorized capacity(iW, and that by hWher/their- signature(&) on the instrument the person(s.), 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. ` KATHLEEN MARIE CALLAHAN COMM. #1927374 � to (SEAL) �. NOTARY PUBLIC *CALIFORNIA* ry Public inand for said State SAN DIEGO COUNTY LMMMMMOMM Commission Expires Mar 26, 2015 My Commission Expires: ,--;L(P �DI� J 20 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 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 o LABOR AND MATERIALS PAYMENT BOND U 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 LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and Coppertop Enterprises, Inc., a California corporation ( "Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Install Sand Groins Along South Bay Front of Little Balboa Island 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. 4759, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). 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 Forty -Nine Thousand, Two Hundred Twenty -Nine and 29/100 Dollars ($49,229.29). 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 PO Box 1768 Newport Beach, CA 92658 Attention: Fong Tse (949)644-3321 Coppertop Enterprises, Inc. 2302 Susan Street Santa Ana, CA 92704 714 - 545 -4814 714- 545 -4817 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 24 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractors presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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 27 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. 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 dates written below. ATTEST- Date: Leilani I. Brown CITY CLERK APPROVED AS TO FORM: OFFIC F THE CITY ATTORNEY Date: Leonie Mulvihill Assistant City Attorney CITY OF NEWPORT BEACH A Califomiip Municipal Corporation Date: G /3 /w Department Director COPPERTOP ENTERPRISES, INC. By: Z' (Corporate Officer) Title: PMjbJFFAJ7- Print Name: UE&RA►3 l • W JL"AntS Date: 51!0[)1 By: N�� BCX�Z' (Financial Officer) Title: —A-u- OF-F/ ete$ Print Name: �60" 1 • kh &WIVr .S Date: U& /Ij Please note: Corporations must completed and sign both places above even if each office is held by the same individual 28 City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE- Contract No. 4759 BOND NO. 1000835097 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,157.00 being at the rate of $ 23.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the 'Principal', a contract for construction of LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE, Contract No. 4759 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 by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4759 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Contractors Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Forty -nine thousand two hundred twenty - *) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, join0y and several firmly by these present *nine and 29/100 (49,229.29) THE CONDITION OF THIS OBLIGATION IS SUCH, that'rf the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents; as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specked in this Bond; otherwise this obligation shall become null and void. go 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 taw or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surely above named, on the 13th day of May 2011. CopperTop Enterprises, Inc. 161V 2!�— /PP(,�jrV,6rt /)•'- Name of Contractor (Principal) Authorized Signature/Title American Contractors Indemnity Company Name of Surety Authorized Agent Signature 601 S. Figueroa Street, Suite 1600, Los Angeles, CA 90017 Edith Garibay, Attomey -in -Fact Address of Surety Print Name and Title 310- 649 -0416 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT ................................................ ............................... Slate of California County of Orange ) ss. On May 13, 201 1 before me, Kassandra Elda De Leon Notary Public, personally appeared Edith Garibay ,who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(s) isLars subscribed to the within instrument and acknowledged to me that 6e6he/tbey executed the same in histher /their authorized capacityj(as), and that by his/her /their signatures(s) on the instrument the persons); or the entity upon behalf of which the person(siacted, 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 sea). Signatur KASSANCRA ELDA OF LEON Commission 8 1646603 Notary Public • California z Orange County My Comm. Ex res A r 26, 2013 (sea,) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee =Power of Attorney _ CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other 31 Thumbprint of Signer Check here 'd no thumbprint or fingerprint is available. ACKNOWLEDGMENT ................................................ ............................... Stale of California County of ) ss. On yi2fj ` jai/ before me, j2l /L11�c Notary Public, personally appeared Jj714< who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s) is /arm subscribed to the within instrument and acknowledged to me that f)relshe /th4 executed the same in 4Wher /theif authorized capacity(iieo, and that by.his9her /tberr signaturesw on the instrument the person(.)`, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. WITNESS my h official seal. S Signature ..� DUL KALIM AB a , C'M'M.,4 1800454 Ip NOTARY PUBLIGCAIIFORNU =/ ORGIIGE CuBRrY MY Coclu. Ezr. IBt. Z (seal) ................................................. ..............................I OPTIONAL INFORMATION Dale of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO / CFO / COO _ President I Vice - President / Secretary / Treasurer Other: Other) 32 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. Premium: Included in Performance Bond. City of Newport Beach LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE Contract No. 4759 BONE) NO. 1000835097 LABOR AND MATERIALS PAYMENT BOND 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 LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE, Contract No. 4759 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. 4759 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, American Contractors Indemnity Comoany duly authorized to transact business under the laws of the Stale of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, In the sum of f -Forty -nine thousand two hundred twenty -* ) 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 terns 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. *nine and 29/100 ($49.229.29) 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 specked 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. 33 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 at 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 nodes of any such change, extension of time, alterations or additions to the leans of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 13th day of Mav .12011. CopperTop Enterprises, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 601 S. Figueroa Street, # 1600, Los Angeles, CA 90017 Address of Surety 310 -649 -0416 Telephone Authorized Signature tie Authorized Agent Signature Edith Garibay, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of Orange } ss. On May 13. 2011 before me, Kassandra Elda De Leon Notary Public, personally appeared Edith Garibav proved to me on the basis of satisfactory evidence to be the persort(sl whose names) is /arcs subscribed to the within instrument and acknowledged to me that pelshel!bey executed the same in his/her /Sheir authorized capacity(iesr), and that by his /Fier /their' signatures(s)' on the instrument the person(s)!or the entity upon behalf of which the persoo(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. Q4�'LLA- Signaqfe KASSANDRA ELDA DE LEON Commission • 1846603 Notary Public - California i Orange County M Comm. Ex irsa A r 26, 2013' (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee =0ower of Attorney _ CEO /CFO /COO _ President / Vice - President IF Secretary / Treasurer Other: Other Information: 99 Thumbprint of Signer ❑ Check here if no Ihurnbprint or fingerprint is available. ACKNOWLEDGMENT ................................................ ............................... Slate of California County of ss. On �W/6, before me, 4&2;a2_ 4;0lL n-,4 Notary Public, personally appeared r / who proved to me on the basis of satisfactory evidence to be the person(s� whose name(syis /ard subscribed to the within instrument and acknowledged to me that h4d/shet(Aey executed the same in Wher /fir authorized capacity(iW, and that by— ki�lher /jbe4r signalures(s�"on the instrument the person (01 or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ABDUL KALIM Col.%tg 1800454 'p N NOTARY PUSUC-CAUNRNIA N \Q OWIGE COUNrr )....... -.� MY Comm. EY.P. JUL2, 20'2 H (seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other Information: CM Thumbprint of Signer ❑ Check here if no Thumbprint or fingerprint is available. POWER OF ATTORNEY III AM [G "ICNTR CTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U S. SPECIALTY INSURANCE COMPANY illi � �I� N V LME BY THESE PRESENTS:�Iat American Contractors Ind - it Com liforni y parry, a Ca a corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: _ = Eugene T. Zondlo, Rosa E. Rivas or Edith Garibay of Irvine, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more t p one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This P,pWer of Attorney shall expire without furtheraction on December 8, 2012.This Power of Attorney is granted under and by ISI authority of the following resolutions adopted by the Boards of Directors of the Companies: . ill Be it Resolved, that the President, any Vice Prehiden�y Assistantltice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or moreMable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected bye Corporate Secretary. Be �d,tignature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating _ = met S rfliM, ik any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15`h da of III III II,I�li� Illll�ll, X111, � �IiIIIII�I -- _ _ 9RI(`VAN CONTit CTORS INDEMNITYCOMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals o�tQICTOps sum y5pE0/q<r< yP J T SIPT.2611MZ5 INCOVOU110 SEAL y C By:�- � SEPL Yb,1990 -c � Daniel P. Aguilar, Vice President State of California VIII County of Los Angeles SS: On this 15 1h day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of till American Contractors Indemnity Company, United States Surety Company and IT"ecialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that e executed the same in his authorized capacity, and that by his signature onMns�ument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. llh R I4 11 1b2G148 z = California = t _ N Ang 1 �n eleo County Sig� (Seal) MyCoummExpiron Doc U. 2012 I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above andloregoing is a true and correct copy of_­LPower of Attorney, executed by said q ol01mpa which is still in full force and effect; further -m -bre the resolutions of the Boards of Directors, set out in the Power of Attorney are in fultorce and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California thisl nth— day of May 2011. Grate Seals Bond No. 100083509,7 Agency No. 9?5f �gACiOpp� SUgF SPEC 3 ixcaewau>Fo� SEAL ti Jeannie J. Kim, Assistant Secretary S�E1.26,1990 0 ry b 1 CERTIFICATE OF INSURANCE CHECKLIST Chty of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5/16/2011 Dept. /Contact Received From: Shari Rooks Date Completed: 5/17/2011 Sent to: Joel By: Joel Company /Person required to have certificate: Copper Top 1. GENERAL LIABILITY A. INSURANCE COMPANY: Mt Hawley B. AM BEST RATING (A-: VII or greater): A +: X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes F—] No D. LIMITS (Must be $1M or greater): What is limit provided? $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does F 7X not apply to Waste Haulers) Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes O No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Yes 0 No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. New Acord Wording II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Sparta lnSUrance Co. B. AM BEST RATING (A-: VII or greater) A-: IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA Yes , No a F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord \Voiding III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): Not Rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes F-X] No F7 Yes No 0 IF NO, WHICH ITEMS NEED TO BE COMPLETED? Needs Risk Manager approval for non - admitted GL carver I:Ci5i:1431 Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach XO Requires approval /exception /waiver by Risk Management Comments: App o ed: Risk anagement Date 1 1 Date B &B initials CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE CONTRACT NO. 475 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 ail materials except that material supplied by the City and shall perform all work required to complete Contract No. 4759 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 Mobilization Three - Thousand bve Hundred- Fifteen Dollars and Fifty -One Cents s 3,515.51 Per Lump Sum 2, Lump Sum Traffic Control Five - Thousand EiftHundred Fifty -Five Dollars and Eighty -Five Cents $ 5,855.85 Per Lump Sum 3. Lump Sum Remove and Dispose of Existing Wooden Groin Sharp Edges One - Thousand Thee- Hundred Fifteen Dollars and Ninety -Three Cents $ 1,315.93 Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AN UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE tifin 5 F install Sheet Piles @`Thirty -Two Dollars and Five Cents $ 32.05 $ 27,563.00 Per Square Foot 5. 2 EA Attach Sheet Piles to Existing Wooden Groin One- Thousand Nine undred Eighty -Four Dollars and Zero Cents 1,984.00 $ 3,968.00 Per Groin 6. 90 LF Install Pile Caps @ Seventy -Seven Dollars and Ninety Cents Per Linear Foot TOTAL PRICE IN WRITTEN WORDS $ 77.90 $ 7.011.00 Fourty-Nine Thousand Two - Hundred Twenty -Nine Dollars and Twenty -Nine Cents S 49,229.29 Total Base Price (Figures) April 07, 2011 Coppertop Enterprises Inc. Date Bidder 714 -545- 4814/714 -545 -4817 Fax �/Z President Bidders Telephone and Fax Numbers Bidder's Authorized Signature and Title 838125 A,B Bidder's License No(s). and And Classification(s) 2302 S Susan Street, Santa Ana, CA 92704 Bidder's Address Bidder's email address: debbie @coppertopent.com 1 1 1 1 1 1 2 2 2 2 PP 2 2 2 FA 3 3 3 3 i, PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE CONTRACT NO. 4759 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 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 WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 1 1 1 1 2 2 2 2 PP 2 2 2 FA 3 3 3 3 i, SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7.7 COOPERATION AND COLLATERAL WORK 7.8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7- 8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2--- CONSTRUCTION MATERIALS SECTION 215 SHEET PILES AND CAPS 215 -1 SHEET PILES 215 -2 PILE CAPS E 2 4 4 4 5 5 5 5 7 6 6 6 7 c SP 1 OF 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS LITTLE BALBOA ISLAND SAND GROINS MAINTENANCE CONTRACT NO. 4759 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- 5199 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. 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. 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 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of furnishing and installing fiber reinforced sheet piles and caps along the South Bay Front." 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: SP2OF9 1) Labor ............. ............................... 15 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. SECTION 4--- CONTROL OF MATERIALS �Ir�� :7I1��1�UI41IdN: /JiI_1►by;ll� 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. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following: "Prior to installation, the contractor shall probe the work site to verify the existence of private and /or public utilities or facilities existing along the alignment where the sheet piles will be installed. Any suspected interference shall be immediately brought to the Engineer's attention." 5 -2 PROTECTION. Add the following: "The contractor shall bear the responsibility to make repairs to the adjacent private and public utilities or facilities damaged by his work." 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.' SP3O1`9 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 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." MfIIiTil:K810910 itll;l�211l[a]Il 6 -7.1 General. Add to this section: "Given acceptable tide conditions, the Contractor shall complete all work under the Contract within five (5) consecutive working days after the date on the Notice to Proceed for each groin. The total contract time for this contract is ten (10) consecutive working days. 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 1st (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 4m the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 241n (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 Monday is a holiday. If January 15', July 41h November 111n December 24th December 25' or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 AM to 4:30 PM 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. SP4O1`9 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 PM 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 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,500.00 per calendar 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, pre - planned, and continuous sequence so as to minimize inconvenience to residents, 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: "If needed, 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." 7 -8 PROJECT SITE MAINTENANCE 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." 7 -8.5.1 Construction Debris. Add this section: 'The contractor shall pick up and remove all construction materials that have fallen onto the sand before same have the opportunity to be covered and buried in the sand." 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 SP5OF9 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, 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 www .newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 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), published by Building News, Inc. To the extent possible, pedestrian traffic along South Bay Front shall be maintained at all times. 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. Such measures shall be shown on the Detailed Traffic Control Plans to be submitted for approval by the City Traffic Engineer." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "No construction materials and equipment may be SP6OF9 stored within the public right -of -way. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials." 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 end impacted by the work. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. 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 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." 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." 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. SP7OF9 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. The Contractor, however, shall coordinate the City work with the builders for the private homes on both sides of the Jade Avenue street -end so as to allow their private work to continue in a meaningful manner. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a City construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. 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 the completion of work, the Contractor shall possess a Class "A" License. The Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach throughout the work duration. 7 -16 CONTRACTOR'S RECORDS The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 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 SP8OF9 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 Mobilization: Work under this Item shall include providing bonds, insurance and financing, material procurement, preparing the BMP Plan and construction schedule, construction debris removal, and all other related work as required by the Contract Documents. Item No.2 Traffic Control: Work under this Item shall include delivering all required notifications, post signs, preparing traffic control plans, providing traffic control incuding, but not limited to signs, cones, and barricades, and furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove and Dispose of Existing Wooden Groin Sharp Edges: Work under this Item shall include all labor and materials necessary to remove all existing wooden groin sharp edges above the sand line within the project boundary. Item No. 4 Install Sheet Piles: Work under this Item shall include all labor and materials necessary to install the sheet piles in place as shown on the plans through the use of hand tools and equipment. The cost of removing and disposing of below -sand obstructions shall be made a part of the price bid for this Item. Item No. 5 Attach Sheet Piles to Existing Wooden Groin: Work under this Item shall include all labor and materials necessary to attach the sheet piles to the existing wooden groins with minimum '' /2' diameter 316 S.S. bolts, lock washers, and nuts as detailed on the Plans. Item No. 6 Install Pile Caps: Work under this Item shall include all labor and materials necessary to install the pile cap in place as shown on the plans per manufacturer instructions. 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 215 - -- SHEET PILES AND CAPS 215 -1 SHEET PILES SP9OF9 215 -1.1 Materials. Add this section to read: All sheet piles to be furnished and installed on this project shall meet the following minimum requirements: a. The sheets shall be manufactured from an ISO certified facility. b. The sheets shall be connected through an interlocking mechanism. c. The sheets shall be made of fiber reinforced material. d. The sheets shall have a zero water absorption rate. e. The web thickness shall be at least 0.325 ". f. The allowable moment shall be at least 6,500 ft -lb /ft. g. The moment of inertia shall be at least 100 in -4 /ft. 215 -2 PILE CAPS 215 -2.1 Materials. Add this section to read: All pile caps shall be compatible with the installed sheet piles.