HomeMy WebLinkAbout19 - Dory Fleet Access Area Emergency Sand ReplenishmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 19
June 8, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Bob Stein, Assistant City Engineer
949 - 644 -3322 or rstein @newportbeachca.gov
SUBJECT: DORY FLEET ACCESS AREA EMERGENCY SAND REPLENISHMENT
PROJECT — RETROACTIVE APPROVAL OF WORK
Recommendations:
1. Approve the necessary Emergency Sand Replenishment Work adjacent to the
Newport Pier and the Dory Fleet Compound performed by Tight Quarters Inc. (Tight
Quarters).
2. Approve a Budget Amendment No. appropriating $20,000.00 from un-
appropriated General Fund reserves into General Services Account No., 3140 -8080
(Operations Support Division — Services Professiona [/Tech n ica 1) to cover the
Emergency Sand Replenishment work cost performed by Tight Quarters.
Discussion:
On April 16, 2010, Public Works and General Services staff met near the Dory Fleet
Compound to survey the beach shoreline which had eroded to its lowest level seen in
the past 30 years. While the foundation of the lifeguard headquarters and Dory Fleet
compound had not yet received damage, the Dory Fleet concrete access ramp was
found to be slightly undermined and cracked. The access ramp was several feet above
the beach preventing its use for access to the ocean.
Many west - facing beaches in Southern California are experiencing similar dramatic
losses of sand this year. The underlying cause appears to be the high- energy swells
originating from the west, an unusual direction for ocean waves, that have been very
efficient in stripping sand from the beach and moving it offshore. While it is expected
that this sand will return to the beaches in the summer, there was an urgent need to re-
establish ocean access for the Dory Fleet and to take actions to prevent damage to the
Dory Fleet Compound and Lifeguard Headquarters.
General. Services and Public Works staff worked with consultants to identify potential
sources of replenishment sand that could readily be obtained and transported to the
site. Regulatory issues eliminated consideration of potential sources at Talbert Marsh
and the Santa Ana River. The City opted to use its own sand near the lifeguard towers
between the Santa Ana River and Prospect Street under authority of the City's Beach
Maintenance permit. The maintenance permit allows the City to perform beach
Dory fleet Access Area Emergency Sand Replenishment Project
June 8, 2010
Page 2
maintenance activities above the mean high tide line. Prior to any work, our consultant's
biologist inspected the borrow and fill sites for environmental issues, including grunion
eggs and provided appropriate restrictions on excavation and grading activities.
On April 27 and 28, Tight Quarters, under an on -call contract, mobilized and transported
sand to the site, filling the area between the pier and the Dory Fleet Compound. As
west swells continued to remove beach sand, additional sand was transported to the
site by Tight Quarters on May 6, May 13 and May 21. While these fill activities have
resulted in a net gain in sand, west swells continue to erode material at the site. Due to
the onset of the summer tourist season, there will be no further sand replenishment
efforts at this time. If needed, these efforts could recommence after Labor Day.
The cost for the five days of sand transport to the Dory Fleet site was $20,000.00. The
emergency work is being funded from a General Services beach maintenance account.
With City Council approval, these funds will be replaced back into the General Services
beach maintenance account.
Environmental Review:
The project is Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This
exemption covers the repair, maintenance and minor alteration of topographic features
with no expansion of existing use in areas not environmentally sensitive.
Public Notice:
As the work falls within the City's normal beach maintenance activities, public notice
was not required.
Funding Availability:
With the approval of the recommended budget amendment, adequate funds are
available in the project account:
Account Description
Operations Support Division — Services
Professional/Tech nical
Prepared by
Robert S e n
Assistant City Engineer
Account Number Amount
3140 -8080 $20,000.00
Submitted by:
teph adum
P Ic W s Director
Attachments:
1. Emergency On -Call Debris Hauling Services Agreement with Tight Quarters Inc.
2. Beach Erosion Photo —April 15, 2010
3. Beach Repair Photo --April 28, 2010
EMERGENCY ON -CALL DEBRIS HAULING SERVICES AGREEMENT
WITH TIGHT QUARTERS INC.
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THIS AGREEMENT is made and entered into as of this in day of_Januafy,
2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and
Charter City ( "City "), and TIGHT QUARTERS INC, a California Corporation, whose
principal place of business is 2031 S. Anne Street, Santa Ana, California 92704
( "Contractor "), and is made with reference to the following:
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A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. Due to severe rainfall in January 2010, the City has a need for emergency on -call
assistance for debris hauling.
C. City desires to engage Contractor to haul storm debris from various locations in
the City of Newport Beach during the rainy season of 2010 ( "Project').
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall be for a period of six (6) months, and shall commence on
the above written date, and shall terminate on the 31 day of July 2010, unless terminated
earlier as set forth herein.
2. SCOPE OF SERVICES
Contractor shall provide "Emergency On -Call" debris hauling services at the hourly rates
attached hereto as Exhibit A and as more fully described in the Scope of Services
attached hereto as Exhibit B and incorporated herein by this reference. As a material
inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and services and Contractor is
L experienced in performing the work and services contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that
all materials will be of good quality. For purposes of this Agreement, the phrase
"highest professional standards" shall mean those standards of practice recognized by
one or more first -class firms performing similar work under similar circumstances.
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 necessary for the Project.
Upon verbal or written request from the Project Administrator, Contractor shall provide a
letter proposal for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to perform the services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to
causes beyond Contractor's reasonable control. However, in the case of any such
delay in the services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Contractor's control.
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand- delivery or mail.
Emergency On -Call Services Agreement Page 2
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for the services on a time and expense not -to- exceed basis, in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit A and incorporated herein by reference.
No rate changes shall be made during the term of this Agreement without the prior written
approval of the City. Contractor's compensation for services performed in accordance
with this Agreement, including all reimbursable items, shall not exceed the fees identified
in the Letter Proposal, as approved by the Project Administrator. Total compensation for
the term of this Agreement shall not exceed Thirty Thousand Dollars and No Cents
($30,000.00) without a written Amendment to Agreement. Any Letter Proposal that sets
forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall further
require a separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Contractor shall submit bi- weekly invoices to City describing the work
performed the preceding month. Contractor's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Contractor
no later than thirty (30) days after approval of the bi- weekly invoice by City
staff.
4.2 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Contractor:
A. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Contractor in the
performance of this Agreement.
4.3 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
'completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit A.
5. WORK DEFICIENCIES AND CORRECTIONS
5.1 The Contractor's performance will be evaluated on a regular basis. When
problems are identified, the City will notify Contractor. If issues are
serious or go unresolved, a Notice of Deficiency will be issued to
Emergency On -Call Services Agreement Page 3
Contractor in writing. This notice will detail the issues and give a cure
period to resolve them.
5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within
the timeframe specified by the City may, in the City's sole discretion, result
in action being taken by the City, including, but not limited to, (a)
withholding payment for the subject deficiency until the work is completed;
(b) correcting the deficiency (using the City's own work force and /or by
contracting out) and deducting any associated costs plus overhead
incurred thereby from the total monthly compensation due the Contractor;
(c) contracting with another Vendor to perform the maintenance and other
services required for the remainder of the term of the Contract; (e)
terminating the agreement; and /or (f) taking any other action and
exercising any other legal remedy available to the City under law.
6. ADMINISTRATION
This Agreement will be administered by the General Services Department. Jim
Auger shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
7. STANDARD OF CARE
7.1 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel
required to perform the services required by this Agreement, and that it
will perform all services in a manner commensurate with community
professional standards. All services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials
or other things used or employed in performing the Project or for injury to
or death of any person as a result of Contractor's performance of the
services required hereunder; or for damage to property from any cause
arising from the performance of the Project by Contractor, or its workers.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from
defects, obstructions or from any cause arising from Contractor's work on
the Project, or the work of any supplier selected by the Contractor.
Emergency On -Call Services Agreement Page 4
8.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability,
claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damage, or any other claims arising from any and
all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or
performed pursuant to this Agreement; (2) use of improper materials in
performing this Project including, without limitation, defects in
workmanship or materials and /or design defects; and /or (3) any and all
claims asserted by Contractor's subcontractors or suppliers on the Project,
and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. However, nothing herein shall require
Contractor to indemnify City from the sole negligence or willful misconduct
of City, ifs officers or employees.
8.4 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their
original condition and former usefulness as soon as possible, and to protect
public and private property. Contractor shall be liable for any private or
public property damaged during the performance of the Project work.
8.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by
City may be retained by it until disposition has been made of such suits or
claims for damages as aforesaid.
8.6 Nothing in this section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Agreement, except
to the extent provided in Section 8.3 above.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Contractor on the Project.
Emergency On -Call Services Agreement Page 5
Without limiting Contractors indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
permit or performance of any work. Current certification of insurance shall
be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
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. Coverage Requirements.
L Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
Emergency On -Call Services Agreement Page 6
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
if. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
Emergency On -Call Services Agreement Page 7
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractor's performance under this Contract.
G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
12. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Contractor.
Assignments of any or all rights, duties or obligations of the Contractor under this
Agreement shall be permitted only with the express written consent of City. Contractor
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of City.
13. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
14. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Contract, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
Emergency On -Call Services Agreement Page 8
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Jim Auger
General Services Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 718 -3477
Fax: 949-650 -0747
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: Telford Coftam
Tight Quarters Inc.
2031 S. Anne Street
Santa Ana, CA 92704
Phone: 714 -557 -7901
Fax: 714- 241 -3820
16. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non- defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right; at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. In the event of termination under this Section,
City shall pay Contractor for services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the effective date of termination, Contractor shall deliver to City all materials purchased
in performance of this Agreement.
17. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted.
Emergency On -Call Services Agreement Page 9
18. WAIVER
A waiver by City of any term, covenant, or condition in the Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
19. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal Agreement or
implied covenant shall be held to vary the provisions herein.
20. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services, the terms of this Agreement shall govern.
21. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
22. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project Site, has become familiar with the local conditions under which the
work is to be performed, and has taken into consideration these factors in submitting its
Project Proposal and Scope of Work.
23. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
24. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise.
apply.
.Emergency On -Call Services Agreement Page 10.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B;)�
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By: �r'lV' {N1Nri
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By. r 0- L
D A. Kiff
City Manager
CONTRACTOR: TIGHT QUARTERS
INC.
By:
arye:`T iArot''/" Co 114
Title: Pafr.
Attachments: Exhibit A — Billing Rates
Exhibit B — Scope of Services
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Emergency On -Call Services Agreement Page 11
=�Z
Proposal
2031 S. Anne Street. Santa Ana. Ca 92704 (714) 557 -7901 Fax (7141241 -1 820
SUBMITTEDTO
PHONE
DATE
City of Newport Beach
949 718 -3477
January 14, 2010
STREET
e-mail
3300 Newport Blvd. P.O. box 1768
jauger@newportbeachca.gov
CITY, STATE, ZIP
JOB LOCATION
Project Manager
Newport Beach CA. 92658 -8915
Beach clean up
Jim Auger
Mobile #
Telford Cottam I
Newport Beach
We hereby submit specifications and estimated for
Trucking Rates as follows:
Roll off with 40 yards containers
$ 90.00 per hour
Semi End Dump / Lowside
$ 95.00 per hour
Semi End Dump/ Highside
$100.00 per hour
953 Track Loader
$140.00 per hour
210 Linkbelt excavator with Hydraulic Thumb
$140.00 per hour
EXCLUSIONS: Please see Exhibit "A"
Excludes dump fees
Excludes Solid Waste Hauling Tax
Excluded permits of any kind
VARIATIONS TO THE ABOVE CREATING ADDITIONAL COSTS
WILL BE CHARGED ACCORDINGLY
WE PROPOSE hereby to furnish material and labor-complete in accordance with above specifications, for the sum of:
$ See hourly rates above
131-Weekly PROGRESS PAYMENT DUE UPON RECEIPT
PROPOSED PRICES GOOD Thru January 31, 2012
My signature shall serve as Authorization to Proceed with
SIGNATURE T:M-
the above work as Proposed, I have also read and agree to
the terms in Exhibit'
ZIO -tr,.
Date
j EXHIBIT
THE FOLLOWING MAYOR MAY NOT BE APPLICABLE TO
YOUR PROJECT -READ YOUR PROPOSAL FOR ALL
INCLUSIONS AND ACKNOWLEDGE BY SIGNING BELOW
EXCLUSIONS: Permits of any Kind, Septic Tank Removal, Footing Dirt
Removal, Hazardous Unsuitable Material Removal, Off -Site Work,
Meters /Permits, Shoring /Barricades, De- Watering. Any City Solid Waste
Hauling Taxes.
THE EXCAVATION PRICE IS BASED ON THE USE OF CONVENTIONAL
EQUIPMENT. IF ROCK OR UNSTABLE MATERIAL IS ENCOUNTERED
WHICH APPRECIABLY LIMITS PRODUCTION, THEN THAT PORTION OF
THE EXCAVATION SHALL BE DONE AT A NEGOTIATED PRICE. ANY AND
ALL ROCK BREAKING SHALL BE DONE ON A TIME- AND - MATERIAL BASIS.
BEFORE COMMENCEMENT OF WORK, IT SHALL BE THE
OWNER'S /CONTRACTOR'S RESPONSIBILITY TO CUT /CAP AND ISOLATE
ALL UTILITIES (I.E., ELECTRICITY, GAS, WATER, TELEPHONE) SO THAT
REMOVAL WORK WILL NOT CONFLICT WITH UTILITIES THAT WILL BE RE-
ACTIVATED. TIGHT QUARTERS, INC. IS NOT RESPONSIBLE TO REPAIR
UNDERGROUND UTILITIES IN GRADED AREAS.
Prior to the commencement of any dirt export. It is the responsibility of the
contractor /owner to attain the necessary testing and clearance far dirt export
from the Country of Orange. (See following County of Orange Soil Acceptance
Fact Sheet.) Contact the County with any questions or concerns.
UPON OWNER'S /CONTRACTOR'S APPROVAL TO COMMENCE WORK, THE
OWNER/CONTRACTOR CERTIFIES THAT THE PROJECT IS FREE FROM
ASBESTOS AND ANY AND ALL OTHER HAZARDOUS MATERIAL.
ALL SALVAGEABLE MATERIAL AT TIME OF JOB WALK SHALL BECOME THE
PROPERTY OF 'LIGHT QUARTERS, INC. UNLESS OTHERWISE NOTED PRIOR TO
SCHEDULEDSTART DATE.
• PROPOSED PRICE GOOD FOR THIRTY (30) DAYS.
ACCEPTED BY: � DATE: 2-1a to-
PLEASE PROVID HE FOLLOWI G
Soils Engineer Name Phone
Demo Permit # Grading Permit #
City of Newport Beach
BUDGET AMENDMENT
2009 -10
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 10BA -050
AMOUNT: $20,000.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations from General Fund fund balance to reimburse the General Services beach
maintenance account for the Dory Fleet Access Area Emergency Sand Replenishment Project performed by
Tight Quarters Inc.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (360 1)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Signed: -Z�
Financial
Signed:
Administi
Signed:
Description
General Fund - Fund Balance
Description
Description
3140 General Services - Operation Support
8080 Services - Professional & Technical NOC
Administrative Services Director
Approval: City
City Council Approval: City Clerk
Amount
Debit Credit
$20,000.00 `
' Automatic
$20,000.00
,) 2 Go
Date
6/ );v
Date
Date