Loading...
HomeMy WebLinkAboutC-906 - Extracting material from City disposal areat b January 5, 1967 Mr. Jack M. Arnot, Assistant to the President Sully - Miller Contracting Company P. 0. Box 5239 Long Beach, 5, California Dear Mr. Arnot: This is to advise you and the Sully :filler Contracting Company that the Newport Beach City Council has accepted the work which your company performed to fill the excavated water hazard at the City Dw::p. This releases your company from further liability with re- gard to this hazard. The City appreciates the time and effort which you and your company conscientiously took to remedy this problem in the most expeditious manner possible. JPD /mjc Sincerely, JAMES P. DE CHAINE Administrative Assistant to the City Manager C CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER /! November 28, 1966 __ D TO: CITY COUNCIL �. 1 l'. FROM: City Manager SUBJECT: ACCEPTANCE OF WORK DONE BY THE SULLY- MILLER CONTRACTING COMPANY AT CITY DUMP TO FILL AN EXCAVATED WATER HAZARD. / RECOMMENDATION: V Accept the work as completed on or before the November 9th deadline and release the Sully- Miller Company from further liability. DISCUSSION: In conjunction with the City's contract with Sully - Miller Contracting Company which allowed for the extraction of base material from the City dump, the contractor was obligated to leave the property at an elevation of at least five feet above *lean Lower Low [dater upon termination of the agreement. Be- cause of an existing excavated water hazard, on November 9, 1965 the City made a demand upon the company that immediate measures be taken to fill the hazardous excavation. The City Council approved a requested time extension until May 9, 1966 to accomplish this work. This six months time extension proved to be inadequate when the winter rains of last season accentuated the excavation problem. The Council subsequently approved another time extension until November 9, 1966. The work has been inspected and the company has completed its obligation to the satisfaction of the City. It is therefore requested that the Council accept the work and relieve the Sully - Miller Company of any further obligation or liability with regard to the contract in question. HLH /JPD /mjc HARVEY L.e.T GRflDING PAVING: W 4 a 'L' 3000 EAST SOUTH STREET, P. 0.80% 5239, LONG BEACH 5, CALIFORNIA • 630-6211 • 7]4 -0]14 November 9, 1966 Mr. Harvey Hurlburt City Manager City of Newport Beach City Hall Newport Beach, California Dear Mr. Hurlburt: In compliance with the signed agreement dated December V, 1965, whereby Sully- Miller agrees to fill the water hazard at the City pits at Brookhurst and Hamilton within six months to an elevation of 5 feet to mean low low water and which the City has extended the time for completion to November 9, 1966, we hereby formally notify the City that in compliance with all the necessary restrictions and limitations imposed on Sully- Miller by said agreement have been met and all obligations have been filled, the site has been graded, the fencing removed, all hopefully to your satisfaction. We thank you for the opportunity of working with the City and look forward to continued good relations with you. JMA :kg cc: Mr. R. F. Molyneux Mr. Jake Mynders, Director of Public Service, 59Z Superior, Newport Beach Yours truly, Yeack M. Arnot Assistant to the President CERTIFICATE OF INSURANCE Leatherby Insurance Service, Inc. L I s 218 East Commonwealth Avenue Box 568 Fullerton, California LA 6-4603 Ow 1 -0718 SYMBOL OF SERVICE NAMED SULLY— MILLER CONTRACTING COMPANY INSURED 3000 East South Street Long Beach, California CERTIFICATE City of Newport Beach ISSUED TO City Hall Newport Beach, California Attn: Mr. Harvey Halburt, City Manager THIS IS TO CERTIFY that the INDUSTRIAL INDEMNITY COMPANY 6 HARBOR INSURANCE COMPANY has issued, to the insured named herein, policies of insurance which provide, subject to the provisions, conditions and limitations contained therein, and during their effective period, coverage as described below: KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION EFF 10/1/65 CR 316835 STATUTORY CALIFORNIA COMPENSATION — WORKMEN'S COMPENSATION E %P 10/1/66 LIABILITY BODILY INJURY LIABILITY— 753500 AUTOMOBILE AUTOMOBILE $5,000,000 BODILY LIABILITY- and 10/1/64 Combined Single Limit of EXCEPT AUTOMOBILE EFF Liability — per occurrence PROPERTY DAMAGE LIABILITY— 102268 10/1/67 Including completed operatic AUTOMOBILE E %P PROPERTY DAMAGE LIABILITY — EXCEPT AUTOMOBILE AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF f FIRE, LIGHTNING a TRANSPORTATION f THEFT EXP f COLLISION OR UPSET A C V LESS f DEDUCTIBLE LOSS PAYABLE TO REMARKS COVERAGE INCLUDES BLANKET CONTRACTUAL City of Newport Beach being named additional insured as respects the Balmoral Pit, a 40 acre dumpsite owned by the City of Newport Beach located at Brookhurst and Hamilton, in Costa Mesa, California This policy shall not be canceled nor materially reduced in coverage until after 30 days written notice of such can - celation or reduction in coverage shall have been mailed to this certificate holder. November 24, 1965 Iv AUTHORIZED REPRESENTATIVE ��/ ATA 4 10 CITY OF NEWPORT BEACH CALIFORNIA April 12, 1966 Jack M. Arnot, Assistant to the President Sully - Miller Contracting Company Post Office Box 5239 Long Beach 5, California Dear Mr. Arnot. This is to advise you that the City Council. at its meeting of April 11, confirmed our recommendation to extend the agreement between Sully - Miller and the City of Newport Beach. dated December 27, 1965, for an additional six months. It is now our understanding that Sully- Miller will cause the excavated pit to be filled in to an elevation of at least 5 feet above mean low, low water, no later than November 9, 1966. It is, of course, the City's desire that this hazardous and unattractive nuisance be improved as soon as possible and that Sully- Miller can complete the filling in of this excavated area long before the November 9 deadline. By signing and returning the enclosed carbon of this letter, Sully - Miller acknowledges that it fully understands and will comply with the terms of the extension of the December 27 agreement. Sincerely, HARVEY L. HURLBURT City Manager HLH /JPD /mm Received and approved on April 14 1966 (Date) BY: Phil L. -Luce, President 1 i AGREEMENT 21 3' THIS AGREEMENT, mace and entered into this day of 4 1965, by and between the CITY OF NEWPORT BE, 5Ila municipal corporation, hereinafter referred to as "City ", and 6IiSULLY- MILLER CONTRACTING COMPANY, a corporation, hereinafter refe 7 to as "Company "; 81 RECITALS: 9 Reference is made to that certain agreement dated April 10 27, 1964, between the parties hereto wherein City granted Company 111 the right to extract base material from the following described 12 real property owned by the City: 13 All that certain property lying in the City of Newport Beach, County of Orange, State of California, con - 14 demned by the City in Orange County Superior Court Action No. 59481. 151 16 Said agreement further provided that the Company's right 17 to extract base material pursuant to the agreement would terminate 18 Ion May 12, 1965. On page 5, paragraph 11, of said agreement it is 19 !provided that "upon the expiration of this agreement, or the termi- 20 7:iation thereof as provided herein, whichever occurs sooner, the 21 (entire area from which Company has, under this agreement or hereto - 22 fore, removed material shall upon demand by City be brought up to 23 an elevation of at least five feet above Mean Lower Low �;Tater by 241 Company, at its sole expense ". The Company has created an excavati 251!Ipit at the southwesterly end of said property which has become fill 26: with water and which constitutes a hazardous condition. 271l On November 9, 1965, the City made a demand upon the 28 29 30 31 32 Company that immediate measures be taken by the Company to fill (said hazardous excavation and to take interim measures to keep children and other unauthorized persons out of the danger area. Company has proposed that it be allowed a six months' extension of time to complete the operation of filling said hazardous excavation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 a a pit. City is willing to grant said requested extension of time provided that Company complies with certain terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of their mutual promises, the parties agree as follows: 1. City agrees to allow Company an extension of time until May 9, 1966, to complete the work of filling the hazardous excavation pit referred to above. 2. In consideration of the City's consent to extend the time for performance by Company, the Company agrees to comply with the following terms and conditions: (a) Company will commence the work of filling said excavation pit and will pursue such work diligently to com- pletion prior to May 9, 1966. The entire area to be filled shall be brought up to an elevation of at least five feet above Mean Lower Low Water. (b) Company will use imported fill material from a source other than the surrounding City property in the filling operation; the fill used shall be of solid material of a quality satisfactory to the City General Services Director. (c) Company will immediately cause a fence to be built around the perimeter of said excavation pit. Said fence shall be adequate to prevent access to the excavation pit area by all unauthorized persons and shall be subject to the approval of the City General Services Director. (d) Company agrees to hold the City harmless from any and all claims, actions or judgments for damages for wrong- ful death, personal injury, or damage to property arising out of or connected with the maintenance or existence of said excavation pit or based upon the negligence of either Company or City. (e) Company shall within ten days following the 2. • 11 1 2 3' 41 I 5� 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • 0 y . execution of this agreement furnish the City Attorney with evidence satisfactory to him that the City has been named as an additional insured on the comprehensive liability insurance policies maintained by the Company with respect to the risk of liability created by the existence of said excavation pit. 3. City reserves the right to require Company to fill additional areas of the City -owned property from which base material has been excavated in accordance with the provisions of the agree- ment of April 27, 1964. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the day and year first above written. CITY OF NEWPORT-BEACH By izg Mayor Attest: City Clerk CITY SULLY - MILLER CONTRAC� COMPANY Attest: APPROVED AS TO FORM: c� ju ey o r, City Attorney of the City o Newport Beach 3. s 2 1� 62MUM! 3 I IFIS AGTtEMEN , u<sde t)�.44 entereet into this _14_ day of 4 1%5, by and between the CM OF NEWPORT BA „�.. �...:...,�f 5 municipal corporation, hereinafter referred to as "City ", and 6 SULLY-MILLER CONTRAi:IM CWAxy, a corporation, hereinafter refe 7 to as "Company "; 8 KFZfTALE: 9 References is made to that certai -n agreement dated April 10 270 19649 between the parties ha eto wherein City granted Company 11 the right to extract: base material from the following described 12 re„:° property owned by the City: 13 All that certain property lying in the City of Newport Beach County of Orange, State of California, con - 14 damned by the City in Orange County Superior Court Action No. 59451. 15 16 Said agreement farther provided that the Company's right 17 to extract base material pursuant to the agreement would terminate 18 east May 12, 1965. On page 5, paragraph 11, of said agreement Et is 19 provided that "upon tlia expiration of this agreement, or the termi- 20 nation thereof as provided heer.cAin, whichever occurs sooner, the 21I e=ntire area from which Company has, under this agreement or hereto- 22 Fore, removed material shall upon demand by City be brought up to 23 i an elevation of at least five feet above Mean Lower roar Water by 24 cAWnYp at its sole expenses ". The Company has created an excavat�iote 25 pit at the southwesterly end of said property which has beca" fillet 26 with water and which constitutes a hazardous condition. 27 On November 9, 1965, the City made a dieewuand upon, the 28 Company that immediate measures be taken by the Company to fill 29 sai.d hazardous excavation and to raiee:: :interim measures to keep 30 chl —ldren and other unauthorized persons out of the danger area. 31 Cerny has proposed r::at it be Hallowed a six months' extension of 32 time to complate the operation of filling said hazardous excavation I 11 2, 4 5 b 7 8, 9 10 111 12 13 14 15 16 17 18 19 20 211 22! 23 2t, 25 26 27 28 29 30 31 32 0 i pit, Cit; is milling to grant said requested extension of time Provided that Company c ompUes with certain terms and conditions a3 hereinafter set fart's;.. NMv rHERI!M, its consideration of their 8utual promises the parties agree as followst 1. City a - ;reea to allow Company an extension of time until May 9, 1%6, to complete the work of filling the ba"rdous excavation pit referred to above. 2. U., ccmaideration of the Giryos consent to extend the time for performance by Company, the Company agrees to comply with the following terms and condit.ionst (a) Company will commence the work of filling said excavation pit and will pursue arch work diligently to com- pletion prior to May 9, 1966, The entire area to be filled shall be brought, tap to an elevation of at least five feet Mean Lower Low Water. (b) Company will use imported fill material from a source other than they surrounding City property in the filling operation; the .fill used shall be of solid material of a quality satisfactory to the City General Services Director. (c) Company will immediately cause a fence to be built around the perimeter of said excavation pit. Said fence shall be adequate to prevent access to the excavation pit area by all unauthorized persons and shall be subject to the approval of the City General. Services Director. (d) Company agreas to mold the City harmless from 1 any and all, claims, actions or Judgments for damages for vrong� ful death, personal injury, or damage to property arising out of or connected with the maintenance or existence of said excavation pit or used upon the negligame of either Company or City. (e) Company shall within ten clays following the 2. 1 2 3 4 5 6 7 M 9 10 11 12 13 14 Ms.1 16 17 18 19 20 21 22 23 24', 25 26 27' 28 29 30 31 32 exe*"ton of this asreement #-urnisb the City AttOraaY ith evidence satisfactory 'to him that the City has boon rxam" as as additional insured on Lhe compreh=sive liability insurance palieies rzintained by the Company with respect to ttia VLSI of Ilability created by the existence of said excavation pit. 3. City re3erves the right to rmpire Company to fUl j additional areas of the City -owned property from which base material) has bow excavated in accordance ^�:.th ttxe provisions of the agree- imeut of April 27, 1964. IN WIITUSS WMREOF, the parties have executed this agree - ment as of the day and year first above written. CITY OF NEWPMT BrAC3 By i_' Attest* "Utty Ulark CITY SULLY - MILLER CONTRACTING CWAKY By __4sl_ R, C. Sully Its Prr�g i dent. ,ittest- Arp&�YWIWD AS' 740 FORP: W- n�lydR. SGYWUXO City Attorney of tic City &f Newport Beach 3, is Ass t. Secretary N THSoaem 11/30/65 RESOLUTION NO. 6261 E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SULLY - MILLER CONTRACTING COMPANY WHEREAS, the City of Newport Beach and Sully - Miller Con- tracting Company were parties to an .agreement dated April 27, 1964 wherein the City granted said company the right to extract base material from a portion of the City's disposal area des- cribed therein, which right, pursuant to said agreement, termi- nated on May 12, 1965; and WHEREAS, the City has made demand upon company to fill the excavation pit created by their operations as pro- vided by said agreement and company has requested an extension of time to comply with such demand, which City is willing to grant; and WHEREAS, there has been presented to the City Council an agreement by which the City would allow said company an extension of time, until May 9, 1966, to complete the work of filling the hazardous excavation pit under certain conditions set out in said agreement; and WHEREAS, the City Council has considered the terms and conditions of the aforesaid agreement and found them to be reason- able and equitable; NOW, THEREFORE, BE IT RESOLVED that said agreement be approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 27th day of Deaemberr 19650 Mayor ATTEST; City C er 4 64 '(9) ACRE NT 1 2 THIS AGREEMENT, made and entered into this 27th day of 3�1 April, 1964, by and between the CITY OF iEWPORT BEACH, a municipal 4 corporation, hereinafter referred to as "City ", and SULLY-MILLER 51 CONTRACTING COMPANY, a corporation, hereinafter referred to as I 6 "Company "; 7 WITNESSETH: 8 WHEREAS, Company entered into an agreement with City on 9 January 26, 1953, providing Company the right to extract base 10 material from a portion of City's disposal area, and a second 11 agreement on May 13, 1957, for a term of three years, which was 12 extended for an additional term of three years; and 13 WHEREAS, said agreement was extended to May 12, 1964, 14 and the parties wish to extend the term for an additional year as 15 hereinafter provided; and 16 WHEREAS, City has determined that the proper and orderly 19 excavation and use of the quantities of base material from the 19 20 21 22 23 24 25 26 27 28 29 30 31 32 property by the Company as provided herein would not interfere with the use of said property by the City as a disposal area or with the subsequent beneficial use thereof; and WHEREAS, it appears to be for the best interests of the citizens of the City that this agreement be entered into; NOW, THEREFORE, in consideration of their mutual promises the parties agree: 1. City hereby grants to Company to and including May 12, 1965, the right to take base material from the following described real property: All.that certain property lying in the City of Newport Beach, County of Orange, State of California, con- demned by the City in Orange County Superior Court Action No. 59481, under the following conditions: A. Company shall have the right to extract base or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 321 material from areas of said property designated in writing by City. Such areas may be changed from time to time as deemed necessary by City, and in each instance written notice of said change shall be given Company. The total amount of base material to be removed during the term hereof shall not exceed 50,000 cubic yards. B. City may also designate an area or areas to be used by Company for the purpose of storing or placing overburden and not for excavation. Such areas shall be designated in writing and may from time to time be changed by designation in writing of another or different area; provided, however, that the areas designated for storing overburden shall, insofar as practicable, be located near the area currently being used for excavation by Company. 2. Company agrees that it will continue its operation of removing said base material in an orderly sequence so as to ma available to the City for its dumping purposes the space from said base material has been removed. In this connection, the City shall have the right to use the property covered herein for dumping purposes, but it will conduct its dumping operations in such a manner as not to interfere with the Company's operations. 3. Company agrees to pay to the City the greater of the following two sums: (a) the sum of $750.00 for the term hereof or (b) a sum equal to 12¢ per cubic yard for all base material removed from the subject property during the term of this agree- ment. Said 12¢ per cubic yard shall be computed from certified weight tickets and shall be paid to the City monthly, on or before the 15th day of the following month. In the event that this paragraph is interpreted as a sale of personal property and subject to sales taxes by state or local governments, Company hereby agrees to pay any and all sales taxes. 2. 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 4. City agrees that during the term hereof Company may use any roadway located on the subject property for a haul road either to 19th Street and Whittier Avenue or to any other public street in the vicinity. The City shall have the right to use any such roads on the property for any of the City's operations on the demised premises. The Company shall have the right to use the roads on the subject property for purposes other than the hauling of base material from the property. However, this shall not give Company the right to use the property for anything other than the excavat of said material. Company shall not have the exclusive right to use any such roads, and the City, its agents, employees, lessees, or other parties contracting with the City may use roads on the property for any purpose with City permission. 5. The City shall have the right to remove pit run material from the demised premises at its own expense. The right of the City to remove pit run material from the demised premises at its own expense shall not be assignable to others. The City shall have the right throughout the term .of this agreement to purchase from the Company such screened or processed material, when available, from a bunker or stockpile on the demised premises at the rate of 50¢ per ton, f.o.b. bunker or stockpile. However, if the City desires to purchase a given amount of such screened or processed material at a given time, in quanti- ties which can be produced by Company's operations on the subject property, or if the City desires to have such processed or screened material delivered at any particular place within the City limits of the City of Newport Beach, or if the City desires to have any of the pit run material delivered at any particular place within the City limits of the City of Newport Beach, the City shall give the Company 30 days' notice in writing of the amount of such material it desires to purchase or have delivered, and the price 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30!, 31I 321 i 0 to be paid by the City shall be as follows: Processed material f.o.b. bunker or stockpile, 75¢ per ton; Processed material delivered in City, $1.25 per ton; Pit run material delivered in City, 75¢ per ton. 6. It is understood that the base material is covered with an overburden which must be removed by the Company before it can extract the base material. The overburden shall be available for use by the City or its assignees, free of charge by the Company it being understood that the City or its assignee shall take said overburden at the entire expense of the City or its assignee. Company shall not remove any overburden from the premises without obtaining the prior written consent from City. 7. It is further understood and agreed that the Company will not refill any excavations made by it without the consent and approval of the City and that any such refilling shall be done only under the direction of the City. 8. Company agrees to obtain and maintain throughout the term of this agreement, public liability and property damage insurance so as to protect the City from any and all liability resulting from the operations of the Company in connection with the demised premises in an amount of $100,000.00 for liability to one person, $300,000.00 for liability to more than one person, and $25,000.00 for damage to property. Said insurance policies shall specifically name the City of Newport Beach as an insured. 9. In the event that Company shall default in any of the terms, conditions or covenants hereof and said default shall continue for a period of 30 days after notice thereof in writing to Company, then the City may, at its election, declare said agreement terminated. In this connection, Company waives any compensation f the forfeiture of said agreement or the possession of said demised premises and agrees that any notice which is required to be given 4. 1 by City may be sent by registered mail, postage prepaid thereon, to 2 Company at such address as shall have been furnished in writing by 3 Company to the City. 4 10. In the event that it is necessary, Company agrees to 5 pay all costs and reasonable attorneys fees that may be incurred by 6' City in enforcing the covenants and conditions of this agreement. 7 11. Upon the expiration of this agreement, or the termi- 8 nation thereof as provided herein, whichever occurs sooner, the 9 entire area from which Company has, under this agreement or hereto - 10 fore, removed material shall upon demand by City be brought up to 11 an elevation of at least five feet above Mean Lower Low Water by 12 Company, at its sole expense. 13 IN WITNESS WHEREOF, the City of Newport Beach has caused 14 its corporate name and seal to be affixed by its Mayor and City 15 Clerk thereunto duly authorized by resolution of the City Council 16 of the City of Newport Beach, duly passed and adopted at a regular 17 meeting thereof held on the 27th day of April, 1964, and the 18 Company has caused its corporate name and seal to be affixed by 19 its proper officers thereunto duly authorized by resolution of its 20 Board of Directors. 21 22 CITY OF NEWPORT BEACH By % t. 23 Mayor 24 Attest; 25 —s qty Cler 26 27 SULLY- MILLER CONTRACTING COMPANY 28 By 29 — 30 Attest, 32 5. VMS 1 3. 4 5 6 7 I 10 11 12 13 14 15� 16 17 18 19 20 21 221 23 24 25 26 27 28 29 30 31 32 ILI . MMUSo Omm bus boo pwoso"" to as City COU"ll of thO (;ItY of 01 1 t Beeah a on -twin amt god* W" MW City of &"Pat sawwwas" to ftLly-mil" cmts=tAs;& awoimw a* riot. ft amt ban mtwjAl gnu a partum of as city# a A'SP*Mt aOra as sus Psvasul&vlY set ZOS*b *=*lm; and tuo City COW", b" caft"des" do tmw told OMWWAUX Of GoAd *Weamt and lewd Woo to bo U MA OqA• tole; =at 2'mkz=Xs w 17 1"'Xwva eme a* maym md city CUWk UO OutbOUlMd m 41VMS" to as " =W OR bg%W of do Ciq of � ftach* ADM= this 27th day of AW116 ILO", A2=tt RDING PAVING 3000 EAST SOUTH STREET, P.O. BOX 3239, LONG !EACH S, CALIFORNIA • 610-6211 • 771-0714 March 28, 1966 Mr, Harvey L. Hurlburt City Manager City of Newport Beach Newport Beach, California Dear Sir: J" 5 Sully- Miller Contracting Company hereby formally requests permission to extend its May 9, 1966 deadline, for the filling to an elevation of 5 feet above mean low low water the excavation pit at the westerly end of the city's pro- perty, to November 9, 1966. As per the Agreement dated December 27, 1965 between Sully - Miller and the City of Newport Beach, Sully - Miller has complied with the promise to immediately fence, at its sole cost, the pit excavation, as well as hold harm- less and accept all liabilities in conjunction with any lawsuits which might arise due to said excavation, while at the same time, naming the City as an additional beneficiary for additional comprehensive coverage. Due to extremely severe and unusual inclernant weather this past winter, the anticipated volume of volunteer solid fill from the surrounding community was not generated due to an inability to work on a muddy or water - filled grade. Consequently the excavation will not be filled by the May 9th deadline. Barring any unforeseen circumstances, enough municipal and private solid fill is and will be generated between now and the requested November 9th deadline to fulfill the necessary 10, 000 y3 of fill necessary to meet our agreement. Thank you for your cooperation. aE: Respectfully, ack M. Arnot Assistant to the President JMA:kg GRRD]NG - v 11L a I N G : — tN 3000 EAST SOUTH STREET, P.O. BOX 5239, LONG #EACH 5, CALIFORNIA 630 -6211 774 -0714 April 14, 1966 Mr. Harvey L. Hurlburg City Manager City of Newport Beach City Hall - 3300 West Newport Blvd, Newport Beach, California Dear Mr, Hurlburt: Enclosed please find an executed copy of the extension agreement. We would like to take this opportunity to thank you for your help and cooperation in obtaining this extension. We will strive to eliminate the water hazard as quickly as possible before the termination date of November 9, 1966. We would also respectfully request to be informed of the results of the study that was made on the economic use of the 40 acres owned by the City and which is now being used as a dump site so that we might plan our future aggregate acquisition in the area in accordance with same. Thank you again. Respectfully, Jack M. Arnot Assistant to the President JMA:kg Enclo sure LJ April 12, 1966 Jack M. Arnot, Assistant to the President Sully - Miller Contracting Company Post Office Box 5239 Long Beach 50 California Dear Mr. Arnots This is to advise you that the City Councils at its meting of April 11, confirmed our recommendation to extend the agreement between Sully - Miller and the City of Newport Beach, dated December 27, 1965, for an additional six months. It is now our understanding that Sully - Miller will cause the excavated pit to be filled in to an elevation of at least 5 feet above Sean low, low water, no later than November 9, 1966. It is, of course, the City's desire that this hazardous and unattractive nuisance be improved as soon as possible and that Sully - Miller can complete the filling in of this excavated area long before the November 9 deadline. By signing and returning the enclosed carbon of this letter, Sully - Miller acknowledges that it fully understands and will comply with the terms of the extension of the December 27 agreement. Sincerely, HARVX4 L. HURLBURT City Manager HLH /JPD /mm Received and approved on (Data) BY: J , • • •r „ March 30, 1966 Mr. Jack M. Arnot, Assistant to the President Sully- Miller Contracting Company P. o. Box 5239 .�. Long Beach, 5, Caliyornia Dear Mr. Arnot: Thank you for your letter of March 28 in which you request an extension of the deadline for filling the excavated pit at the westerly end of the City's property. Although the last agreement between the City of Newport Beach and Sully - Miller, entered into on December 27, 1965, called for the pit to be filled in to an elevation of 5 feet above mean low low water no later than May 9, 1966, the City recognizes that due to inclement weather and additional problems, it will be difficult to meet this dead- line. Since Sully- Miller appears to have acted in good faith and is truly attempting to heir commitment, and because the area has been fenced in and be nt al improvement has been made, your request of extension to November 9 to complete the task appears to be in order. This matter will require Council action, and the staff will recommend such a proposed extension for Council consideration on April 11. Hopefully, Sully - Miller will be able to proceed posthaste and complete the filling in of this excavated area earlier than the proposed Novem- ber 9 deadline. We appreciate your sincerity in this matter and are pleased to see Sully- Miller cooperating with us to solve the hazardous problem. HLH /JPD /mac Sincerely, HARVEY L. HURLBURT City Manager ' GRADING PAVING 3000 EAST SOUTH STREET, P.O. BOX 5239, LONG BEACH 5, CALIFORNIA - 630 -6211 • 774 -0714 March 28, 1966 Mr, Harvey L. Hurlburt City Manager City of Newport Beach Newport Beach, California Dear Sir: Sully - Miller Contracting Company hereby formally requests permission to extend its May 9, 1966 deadline, for the filling to an elevation of 5 feet above mean low low water the excavation pit at the westerly end of the city's pro- perty, to November 9, 1966. As per the Agreement dated December 27, 1965 between Sully- Miller and the City of Newport Beach, Sully- Miller has complied with the promise to immediately fence, at its sole cost, the pit excavation, as well as hold harm- less and accept all liabilities in conjunction with any lawsuits which might arise due to said excavation, while at the same time, naming the City as an additional beneficiary for additional comprehensive coverage. Due to extremely severe and unusual inclemant weather this ,past winter, the anticipated volume of volunteer solid fill from the surrounding community was not generated due to an inability to work on a muddy or water - filled grade. Consequently the excavation will not be filled by the May 9th deadline, Barring any unforeseen circumstances, enough municipal. and private solid fill is and will be generated between now and the requested November 9th deadline to fulfill the necessary 10, 000 y3 of fill necessary to meet our agreement. Thank you for your cooperation. Respectfully, -Jack M. Arnot Assistant to the President JMA: kg Mr. Jack Arnot Sully- Miller Contracting Company 3000 E. South Street P. O. Box 5239 Long Beach 5, California Dear Mr. Arnot: March 25, 1966 In compliance with your request, we are enclosing a copy of the Agreement authorized by Resolution 6261 adopted on December 27, 1965. Yours very truly, Margery Schrouder City Clerk City of Newport Beach MS:lcl Encl. November 10, 1965 Mr. Arthur McKenzie City Manager City Hall Costa Mesa, California Dear Art: Your office recently expressed concern about the water - filled excavation on the western portion of the refuse disposal site of the City of Newport Beach. This is to inform you of the action taken by the City of Newport Beach to eliminate the potential hazards in the area of concern. The Sully- Miller Construction Company created the excavation by extrac- ting soil materials under a contract with the City of Newport Beach. The Company, by terms of the contract, is obligated to fill the excavation with solid materials. On November 3, 1965, the City of Newport Beach directed the Sully- Miller Company in writing to expedite the filling of the excavation. On Novem- ber 9, in a conference with City officials, Mr. Robert C. Sully, President of the Sully - Miller Company, agreed to fill the excavation to specified ground level with solid materials not later than six months from this date. Pill material.is now being deposited in the excavation, and Mr. Sully hopes to complete the operation within three months. The City of Newport Beach has also posted the entire area with warning signs. Mr. Sully further agreed to have erected an adequate fence which will completely encompass the excavated area no later than November 19. This should serve as an additional deterrent to trespassers during the period while the filling operation is being conducted. Please inform those who have been concerned with this problem of our intended actions, and assure them of our continuing efforts to eliminate the potential hazards in the area as rapidly as possible. Sincerely, HARVEY L. HURLBURT City Manager HLH /JPD /mjc GRADING PAVING} 3 - T MILL 3000 EAST SOUTH STREET, P. O. BOX 5239, LONG BEACH 5, CALIFORNIA • 630 -6211 • 774-0714 November 10, 1965 Mr. Harvey Hurlburt City Manager Newport Beach City Hall Newport Beach, California Dear Sir: In compliance with your request during our meeting on November 9, 1965 in your office, Sully- Miller Contracting Company hereby agrees to fill in the existing pond area at the Costa Mesa borrow pit site within six (6) months of this date so as to alleviate the present water hazard. It further agrees to begin fencing of same area to provide a temporary barricade against any unauthorized persons entering the area. Sully- Miller Contracting Company agrees to hold the City harmless and accept all responsibility for any law suit or legal action that may arise due to the existence of said pond. We sincerely hope to have your continued good will in the future as we have enjoyed in the past. Yours truly, SULLY - MILLER �NTR &QTING COMPANY R. C. SULLY, President RCS:dt F November 3, 1965 Mr. R. C. Sully, President Sully- Miller Contracting Company P.O. Box 5329 Long Beach 5, California Dear Mr. Sully: In our most recent contract dated May 13, 1964, to extract sand and gravel from the Newport Beach City dump, you agreed to the following clause: "Upon the expiration of this agreement, or the termination thereof as provided herein, whichever occurs sooner, the entire area under lease shall be brought up to an elevation of at least five feet above mean lower low water by company at its sole expense." As you are aware, the westerly section of the property which has been excavated is now filled with water and debris. This liquid fill is over six feet in depth and, needless to say, poses an extreme hazard to the lives of children and animals. The clause referred to above has yet to be complied with by your company. It has been almost six months since the May 12, 1965 expiration date. During recent months the City of Newport Beach has been severely criticized for the above mentioned "attractive nuisance." Much of the criticism has come both directly ana indirectly from the City and the citizens of Costa Mesa. Before this problem gets further magnified and anything of serious consequences hap- pens, the City requests that immediate action be taken to fill in the area of concern. It has been reported that one child was hurt and one dog has drowned in the swampy portions of the soil cut area. As lives of children are at stake in this matter, and in order that nothing more serious occurs, causing both Newport Beach and the Sully Company to be confronted with possible law Page -2- suits, the City requests that you take prompt action to speed up the fill process. Although the contract remains silent on both the date be- fore which the area had to be filled in with solid materials, we hope that you will see fit to recognize the urgency and ser- ious implications of this matter and will direct that the pro- blem be promptly alleviated. The City has periodically posted "No Trespssing" signs on this property - usually to little avail. Heretofore, any signs have either been destroyed or removed by vandals within one week after posting, on Friday, October 29, twelve addition- al "No Trespassing" signs were placed on the property. As of today three of these signs have been removed. Hopefully, the others will remain in place, at least until you have completed the fill -in process. In the meantime, some consideration should be given to fencing off that portion of the property as a greater deterrent to juvenile trespassers. We would like to hear from you on this matter in the im- mediate future. Sincerely, HARVEY L. HURLBURT HLH /JPD /mm City Manager CITY OF NEWPORT BEACH Date 2 Aurunt 1965 NO. MEMO To: Public Works Director FROM: General Services Director SUBJECT. Engineering Survey of City Refusal Disposal Site 1. At the request of Yx. Hurlburt. I am submitting to you the following outline of suggested information and questions which I believe should be considered for in- clusion in the specifications for the forthcoming survey of the City Dump property. 21 P ose of sows : To develop data with which to deter Tne a most economical future use and disposition of the property. The data provided by the survey should include but not to be limited to the following: A. Volume of salable materials, and Dump capacity and life: (1) Computation of the precentage of the property already utilised for refuse disposal and / or excay. ation for materials, to include depth of refuse land- fill or excavation by section. (2) Computation of the volume of salable materials remaining to be extracted, by section. (3) Estimation of the price per unit (ton or cubic yard) which the City can expect to obtain by sale of such materials on an • as is - where is " basis, based on an analysis of the quality of such materials and the current and projected market prices in this area. (4) Computation of the volume of space which would remain for refuse disposal operations after extraction of salable materials, and the estimated life of this capacity based on current and projected refuse dumping rates. (j) Computation of fill material required, by section, to cover refuse deposits and fill the area to recommended elavations for ultimate optimum land utilisation. (6) Computation of volume^ �iil material remaining after materials extraction. 4 B. Land utilization and market value: There appear$ to be e c alterna ves, with possible variation of each, which should be considered by the survey in determining possible land uses, potential revenue and ultimated property value: (1) For what purposes could the property be utilized In its present state, with no furt ing, filli or materials extraction? two her d e e limitations on Its use wo d be the estimated current and projected (10 -15 -20 yrs) market value of the property? (2) What would be the ultimate possible uses and limit- ations on use if dumping operations were discontinued now materials extra ion waa co uc a code oii n_ n d iT upon completion of this operation? (3) What would be the possible ultimate land uses and limitations if the property were fully exploited for mat- property upon completion of this operation? C. Costs, losses, savings and revenues: Utilizing the data evelope n a a ve, a summary balance sheet should be drawn up to show for each of the alternatives in B above, the following: (1) Costs to the City of discontinuing refuse dumping on the property and hauling refuse to the Orange County Coyote Canyon Landfill. (2) Loss of revenue to City if materials extraction is discontinued. (3) Savings to City if refuse dumping is continued on property to ultimate capacity. (4) Revenue to City if materials extraction is continued to completion. (5) Ultimate market value of the land in each of the three alternatives. 3. Additional information required: The survey should in add - on provide the following: A. Considering possible land uses and limitations, the rec- commiended elevations, slope, contour and drainage which should be established in each section of the property if either refuse or solid landfull operations are continued. 0 i B. The optimum solution, with coat and land -value com- parisons, for handling the problem of the major drain- age channel which now bisects the property. Possibil- ities include: relocation of the drainage and utiliz- ation of present channel for additional dumping capacity; installation of storm -drain pipe in present channel, and utilization of remaining space for additional dumping cap- acity. C. Providing that the alternative of full exploitation of materials extraction and refuse dumping capacity proves to be the most economically advantageous course of action, the survey should provide a coordinated future schedule of materials extraction and refuse landfill operations. 4. Factors to be considered: The survey should take cognizance of e following ac ors n its land use and market value consider- ations: A. Possible development by commercial interests of a Marina adjacent to the western edge of the City property. B. Effect of proposed freeway routes. C. Possible City of Costa Mesa requirements for right -of -way easements for extension of streets. D. Possible State action to obtain aggregate materials from City property for freeway construction projects. 5. The above material is not complete and requires refinement. However, I hope that it will be of assistance to your depart- ment in developing the guidelines for the projected survey. Jac F. Mynderse General Services Director y 1 " �n t s.s *`mac + � � ^_ / �'• \ y, k a iwo mot. - s s K A •� �; 4 j 1 fit. �' '• 1' ' , " 4 � r'*. 'i � NZ ' Beata illeaa Sallee ,�lsato ' % lk i� St ff 91 ?A, kit ly 1p ` a 7 �r f `HiR, r AA 1 l' .. •'1<' �� 1- . %/lam %.���V�f�(/y`. / I y�p {..4' F' Y4i�, �i -�•. �-.:. V� 16 11 , TI �°� 'mss• ?u�^�fi',` �'�.( .. �: 6 ..' °F', J, .'�' ?� Y- � ' \ .: k .'�Y- '�a�"� r ~N' 't = .�.(s•SO �' s- � r�7i S� �: - � � I ` � I� -J. �j •Y ,V��'S �..: }jr�': �y.' . nw, �� -1r • f At Q � � d$ \ \\ �: ■ I MAI- 41 /V,ddf& V&'gaa Pvdlz -� i i, �Y Y 9 t4 i a i T y . IT E January 3, 1965 Sully- Miller Contracting Company 3000 E. South Street P. O. Box 5239 Long Beach 5, California Gentlemen: On December 27, 1965 the Council of the City of Newport Beach adopted Resolution 6261 authorizing the execution of an agreement with your company. A copy of Resolution 6261 and an executed copy of subject agreement are enclosed herewith. Since this is an extension of Contract No. 906 with additional provisions, a new number has not been assigned to the new agreement. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:lcl Encls. cc: Public Works Director Finance Department Date TO: Finance Director FROM: City Clerk SUBJECT: Contract January 3, 1965 Contract No. 906 (December 27, 1965 extension of contract and additional provisions, etc.) Authorized by Resolution No. 6261 , adopted on December 27, 1965 Date Mayor and City Clerk executed Contract December 27, 1965 Effective date of Contract December 27. 1965 Contract with Sully- Miller Contracting Company Address 3000 E. South Street P. O. Box 5239 Long Beach 5, California Brief description of Contract Extension of original contract with additional provisions regarding filling excavation pit, the building of a fence, etc. Amount of Contract City Clerk December 9, 1965 To. Honorable Mayor and City Council From- City Attorney Subject- Proposed agreement with the Sully - Miller Contracting Company concerning a hazardous excavation pit located at the city dump site During the period from January 26, 1953 to May 12, 1965, the Sully - Miller Contracting Company was engaged in the extrac- tion of base material from the city disposal site pursuant to a contract with the City. As a result of the extraction oper- ation by Sully - Miller, an excavation pit was created at the southwesterly end of the disposal site which became filled with storm waters. After Sully- Miller ceased operations at the City disposal site, the City received a number of complaints from the residents in the area, school officials, and the Costa Mesa Police Department that the excavation pit was hazardous to children and had become an attractive nuisance. Based upon these complaints and our own evaluation of the situation, the City made a request that Sully- Miller take immed- iate steps to fill the excavation pit and that interim measures be taken to keep children and other unauthorized persons out of the danger area. On November 9, 1965, a meeting was held at the City Man- ager's office with Mr. R. C. Sully, President of Sully - Miller. At the meeting, we informed Mr. Sully of the seriousness of the situation and requested that the Company commence immediately to fill the excavation site and to provide protective measures for the safety of small children. Mr. Sully stated that it would require approximately six months to complete the filling operation with imported fill material. From the City's stand- point, it is desirable that imported fill material, be used rather than taking fill material from the surrounding City property. As a result of our discussion, the following points were agreed to by Mr. Sully on behalf of the Company: (1) The Company will be allowed an extension of time, until May 9, 1.966, to complete the work of filling the excavation pit. (2) In consideration of the City's consent to an exten- sion of time for completion of the filling operation, the ,wUiVClu Company agrees to do the following: _2 - 3 t� 0!SFOSMON: (a) Company will pursue the work diligently to 4� ,, /,,),,completion prior to May 9, 1966, and will fill the iILE: excavated area to an elevation of at least five feet above Mean Lower Low Water. The Company will use - imported fill material from a source other than the surrounding City property in the filling operation. (b) The fill used shall be of solid material of a thti quality satisfactory to the City General Services Director. ✓ IrOUNCIL: / ,2 -.2 7 -�oJ FILE: 0 0 (c) The Company will immediately cause a fence to be built around the perimeter of the excavation pit. The fence shall be adequate to prevent access to the excavation pit area by all unauthorized persons. (d) The Company agrees to hold the City harmless from any and all claims for damages. (e) The Company agrees to furnish the City with comprehensive liability insurance protection. The foregoing commitments on the part of the Company have been included within the agreement which is before you for Council consideration. The City Manager and the City Attorney concur in recommending approval of the agreement. / Tully Se r City Attorney THS aem 2. . 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: Don Means, Purchasing Agent From: City Attorney 0 May 12, 1964 Subject: Insurance coverage provided by Sully- Miller in con- nection with the contract to extract base material from the City dump The evidence of insurance coverage now in the file is adequate under the new contract dated April 27, 1964. Walter W. Charamza City Attorney By �- -- - Tu Seym _ -- THS :mec Assistant City Attorney r I 2 A C. 0- v b Sam ?Rcv,D ✓ S Garf -�Y -��. -' c N S R A .4 c c C, c 12 7 , r L' A, C j 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -906 P Date May 4, 1964 Authorized by Resolution No. 5959 , adopted on April 27, 1964 Date Mayor and City Clerk executed Contract April 30, 1964 Effective date of Contract May 12, 1964 Contract with Sully - Miller Contracting Company Address P. O. Box 5239 Long Beach 5, California Brief description of Contract Extraction of base material from City's disposal area Amount of Contract see Contract City Cle: k yS � City Clerk ' May 4, 1964 General Services Advisor .Bill Covert City Clerk Marger"chrouder In compliance with your request, attached is a copy of the agreement between the City of New- port Beach and gully- Miller Contracting Com- pany, which was authorized by Resolution No. 5959, copy of which is also attached. MS:mv Encs. r May 4, 1964 Sully- Miller Contracting Company 3000 East South Street P. O. Box 5239 Long Beach 5, California Attention: Helen Carter, Assistant Secretary Gentlemen: Enclosed is a completely executed copy of the contract between the City of Newport Beach and Sully - Miller Contracting Company, granting the right to extricate base material from a portion of the City's disposal area. A copy of Resolution No. 5959, authorizing the execution of subject agreement, is also attached. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:mv Enc s. cc: Public Works Department GRADING S I -MIbL PAVING 3009_ EAST SOUTH STREET, P. O. R^QK.-"39,.LONG BEACH 5, CALIFORNIA City of Newport Beach City Hall 3300 West Newport Blvd. Newport Beach, California 630 -6211 • 774 -0714 April 20, 1964 Attn: Mr. Donald C. Simpson Public Works Director Gentlemen: In answer to your letter of April 16, 1964, we enclose original and two copies of signed con- tract for extraction of base material from the City's disposal area. We look forward to receiving our copy of the fully executed contract. Thank you. :HC encls Yours truly, SULLY-MILLER CONTRACTING COMPANY By Assistant Secretary RECEIVED APR 21 1964 PUBLIC WORKS DEPT, CITY OF NEWPORT BEACH April 15, 1964 To: City Clerk From: City Attorney Subject: Agreement with Sully - Miller Contracting. Company Transmitted is a copy of the proposed contract with Sully- Miller for extraction of base material from the City's disposal area, together with a resolution which, if adopted by the City Council, will authorize its execution on behalf of the City. The original and other copies of the contract have been sent to the Public Works Director to obtain execution thereof by the company. It is suggested that the matter be referred__to.the_ City Council at the meeting of April 27,_1964, if t� ecnted documear 'ha_s_ been- received by- then WWC:mec Encs. cc - City Manager Public Works Director Finance Director Z 7- G•9 !-_595q O Walter W. Charamza City Attorney 4� ' RECEIVED CITY CLERK APR 1 51964► NEWPORT I BEACH �( � CALIF. 0 CITY OF NEWPORT BEACH I t. �'.+ i 6 April 15, 1964 To: Public Works Director Frog= City Attorney Subjeet: Agreement with Sully-Miller Contracting Company Forwarded are the original and three copies of the proposed contract with Sully - Miller for extraction of base material from the City's disposal area. It is suggested that it be subm4tted to Sully - Miller for execution, if satisfactory, and thereafter transmitted to the City Clerk for consideration by the Council. A resolution authorising execution by the City of said agreement has been transmitted to the City Clerk for presentation to the Council an April 27 if the agreement has been executed by the company and returned by that time. WWC:meC Encs. CC - City City Clark r ✓ Finance Director Walter W. Charamsa City Attorney • 0 TO: CITY COUNCIL j FROM: CITY MANAGER AND PUBLIC WORKS DIRECTOR / SUBJECT: AGREEMENT WITH SULLY - MILLER FOR USE OF CITY DISPOSAL SITE RECOMMENDATION: APPROVE AGREEMENT AND ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. THE SUBJECT AGREEMENT PROVIDES FOR A ONE YEAR EXTENSION OF THE EXISTING AGREEMENT WITH THE SULLY- MILLER CONTRACTING COMPANY OF LONG BEACH FOR THE REMOVAL OF BASE MATERIAL FROM THE CITY DISPOSAL SITE AT 19TH STREET AND WHITTIER AVENUE. THIS NEW AGREEMENT DIFFERS FROM THE EXISTING AGREE- MENT IN THAT IT ALLOWS FOR MATERIAL TO BE REMOVED FROM ANY LOCATION ON THE SITE DESIGNATED IN WRITING BY THE CITY. THE AGREEMENT IS LIMITED TO A ONE -YEAR PERIOD AND ALLOWS FOR A REMOVAL OF UP TO 50,000 CUBIC YARDS OF BASE MATERIAL. THE ESTIMATED REVENUE TO THE CITY IS $6,OOO.00 PER YEAR. THIS NEW AGREEMENT WILL PROVIDE THE FLEXIBILITY REQUIRED TO COORDI- NATE THE REMOVAL OF BASE MATERIAL WITH THE OPERATION OF THE DUMP SITES AND WILL ALSO PERMIT THE.EXISTING DRAIN, WHICH PRESENTLY DIAGONALS ACROSS THE DUMP SITES TO BE RELOCATED TO THE WESTERLY PROPERTY LINE. PREPARED BY: J t8LIC DEVLIN P KS DIR ECTOR RC:JTD:vs 00SEACOOP 07 CITY MANAGER b APR 2 3 ? NEWpPo OF � ,, CALIF, .