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HomeMy WebLinkAboutC-2168 - Debris Removal from City BeachesCITY OF NEWPORT BEACH CALIFORNIA DATE April 2, 1980 City Hall 3300 W. Newport Blvd. Area Code 714 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2168 Description of Contract Debris reroval frm beaches Authorized by Resolution No. City Manager , adopted on cotx=U meeting March.24, 1980 Effective date of Contract April 1, 1980 Contract with Harold E. Simpson Tree Service Address 200 E. Live Oak Irwindale, CA 91706 Amount of Contract see contract City Cler • 0W80kv AGREEMENT FOR BEACH CLEANING THIS AGREEMENT, made and entered into this / day of 1980, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and HAROLD E. SIMPSON TREE SERVICE, INC., a California corporation, hereinafter referred to as "Contractor," is made with reference to the following facts: 1. The ocean beaches in City have become littered with an accumulation of debris resulting from severe storms; 2. The City Council has determined that it is necessary to employ a private contractor to accomplish the work of removing the debris, and has authorized the City Manager to enter into a contract for that purpose; and 3. Contractor has submitted a proposal which meets the City's requirements. NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. Contractor agrees to furnish all materials and labor necessary for the collection, loading, hauling and disposal of all debris located on the ocean front beach between the westerly City limits and the Newport Beach Harbor entrance. The work shall include the following specific items of perfor- mance: (a) The debris resting on the beach surface shall be gathered into piles which shall be placed above the high water mark. (b) The same shall be sifted to a depth of six inches (6 ") below grade (c) The same scarified to a depth of two foreign material that might material uncovered will be to remove at the hil feet (2') be buried aauled off any buried material. 3h water mark shall be to remove any large therein. Any such site. (d) Upon completion of the work the beach will be left in a reasonably clean condition, so that any remaining foreign materials may be removed with the beach sanitizer. (e) No more than five percent (5 %) of sand by volume shall be removed from the beach. 2. The work shall be performed in accordance with all applicable provisions of the City's standard Public works specificiations, which together with the Notice to Bidders, special provisions, if any, and all amendments thereto are hereby incorporated and made a part of this agreement. 3. In full consideration for all of the work called for by this agreement, the City agrees to pay Contractor and Contractor agrees to accept payment on the basis of the follow- ing hourly rate schedule for actual work performed, plus the sum of Six Thousand Three Hundred Seventy -Five Dollars ($6,375.00) for overhead and profit, total amount not to exceed $50,000: 50 yard semi truck and trailers $ 50.06 per hour 18 -20 yard semi truck and trailers 41.42 " 10 -12 yard 3 -axle bobtail truck 32.00 " 977 Caterpillar Model L -Multi Purpose Bucket 73.50 " 2000 Gallon Water Truck, if advantageous 40.00 " Foreman and 4 -wheel drive pickup 30.00 One time charges: Move in cost $ 500.00 Bucket modification (optional) 1,000.00 Special chokers 277.00 4. Contractor agrees to commence work pursuant to this agreement within seven (7) days following execution thereof it is mutually agreed that the time estimated for completion of all of the work is ten (10) working days. Contractor will make -2- i Ll L] every effort to complete the work within said time. If for any reason Contractor does not complete the work within fourteen (14) working days from the date on which work is commenced, City may terminate this agreement and shall be obligated to reimburse the Contractor only for the actual cost of work done to the date of termination. 5. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of General Services, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the per- formance of the contract or work, regardless of responsibility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. 6. The Contractor shall furnish City with a policy or certificate of liability insurance in which the City is named an additional insured, on a form and in such amounts as shall be approved by the City Attorney of the City of Newport Beach. Likewise, Contractor shall provide the City with evidence of Workers' Compensation insurance to insure employees of Contrac- tor. 7. Contractor shall be responsible for the protec- tion of all existing improvements in the vicinity of the work area, located on either public or private property. If any such improvements are removed or damaged, then such improve- ments shall be repaired or replaced in kind at the Contractor's expense. -3- E 0 8. Access to the beach, maintenance of same, and pedestrian control will be the duty of City. IN WITNESS ATHEREOF, the parties hereto have executed this Agreement for Beach Cleaning as of the day and year first above written. ATTEST: .' City Cler3 APPROVED A( TO FORM: CITY OF NEWPORT BEACH By (C, l v City Manager HAROLD E. SIMPSON TREE SERVICE, INC. By -4- HRC /kv 4/1/80 0 0 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL d' March 24, 1980 INDEX 64#PTW104e12-•f7A0a1 (e) Resolution No. 9751 setting forth the PB &R permission of the City Council of the City Oasis of Newport Beach to Friends of Oasis to R -9751 apply for Title III -B funds from the Federal (62) + Department of Health, Education and Welfare (HEW) for improvements to the Oasis Center and for the acquisition of motor vehicles to be used by Friends of Oasis, Inc. (A report from the Parks, Beaches and Recreation Director) (f) Resolution No. 9752 authorizing the letting General of a contract to remove debris from the Services beaches of Newport Beach without advertising C -2168 for bids and authorizing the City Manager to R -9752 execute such a contract on behalf of the (38) City. (A report from the General Services Director) (g) Resolution No. 9753 authorizing the Mayor Newport Pier and City Clerk to execute an extension to C -1901 the Newport Pier Concession Lease Agreement R -9753 between the City of Newport Beach and Wolfgang (38) and Erika Merting. (A report from the City Manager) (h) Resolution No. 9754 authorizing the Mayor Lifeguard and City Clerk to execute an agreement Services between the City of Newport Beach and Orange C -2166 County Harbors, Beaches and Parks District R -9754 for the City to provide lifeguard services (38) at the County -owned Santa Ana River Jetty Beach. (A report from the Marine Department) (i) Removed from the Consent Calendar. (j) Resolution No. 9755 awarding a contract for TransCon comprehensive public liability insurance Ins. coverage to Transcontinental Insurance C -2167 Company. (A report from the City Manager) (38) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from Mr. Jack (62) Nelson opposing the possibility of making a parking area of West Newport Park. (Attached) (b) To the Police Department, the Traffic Enginee (51) and the Marine Department for report back, a letter from the Parks, Beaches and Recreation Director regarding small boat launching at 18th and Bay. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from Los Angeles Federal Savings concerning some of the reasons that Orange County Airport grew into a regional airport I instead of remaining as a local airport. I (Attached) i Volume 34 - Page 75 64#PTW104e12-•f7A0a1 CITY OF NEWPORT BEACH COUNCILMEN MINUTES F ROLL CALL( �d'� 9 S March 24, 1980 INDEX G. CURRENT BUSINESS: Motion �I II ix 1. A report was presented from the Marine Department Racing Buoys Ayes x';xl x x x regarding the application of the Newport Harbor Yacht (51) Club for the installation of five (5) Racing buoys II within the City limits in the vicinity of Santa Ana River entrance. The application was approved, subject to the condi- tions listed in the staff report. 2. A letter from Julius V. Evans was presented asking Off -Site Council to reconsider its action taken on March 10 Parking/ recommending the installation of a block wall in con- Evans nection with the off -site parking agreement at 329 (38) i and 331 Marigold in Corona del Mar. Mayor Ryckoff stated that Mr. Evans had advised that he would not be able to attend the meeting due to i illness and had asked that this item be postponed. Motion x The item was postponed to April 14 in accordance Ayes Ix x x x x x x with request by applicant. H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9747 designating an intersection Stop at which vehicles are required to stop and Signs directing the Traffic Engineer to erect neces- R -9747 sary stop signs (Bayview Drive at Iris Avenue). (81) (A report from the Public Works Department) (b) Resolution No. 9748 designating an intersection Stop at which vehicles are required to stop and Signs directing the Traffic Engineer to erect neces- R -9748 sary stop signs (Carnation Avenue at Fourth (81) Avenue). (A report from the Public Works Depart ment) I` (c) Resolution No. 9749 awarding a contract to WC Hyw 1 Fleming Engineering, Inc. in connection with Wes Improv. iCoast Highway Improvements (south side) from C -2062 57th Street to Balboa Boulevard (C- 2062). (A R -9749 j report from the Public Works Department) (38) (d) Resolution No. 9750 authorizing the Mayor and City Clerk to execute a License Agreement betwee Arts the City of Newport Beach, The Irvine Company, Ef Festival the Taubman Company and Fashion Island Merchants C -2165 Association for the 1980 City Arts Festival. (A� R -9750 1 I report from the City Arts Commission) (38) 1 f ( I Volume 34 - Page 74 i ice:'• l � / • Marc_ h 19, 1980 MAR 24 7980 BY the CITY COUNCIL CITY 019 ww"T ssACH TO: CITY MANAGER FROM: General Services Director SUBJECT: ADOPTION OF A RESOLUTION TO ALLOW THE CITY MANAGER TO EXECUTE A CONTRACT FOR BEACH DEBRIS REMOVAL RECOMMENDATION: h�- That the City Council adopt the attached Resolution which would authorize the City Manager to execute a contract for the removal of beach debris. DISCUSSION: As I mentioned at the last study session, the recent rain storms have de- posited thousands of cubic yards of various types of debris on the ocean beach between the Santa Ana River and Newport Harbor entrance. These de- posits constitute a health and safety hazard to all adjacent residents and users of the beach. Although a portion of this debris has already been removed by my Depart- ment, to complete the removal would require the suspension of almost all other maintenance activities performed by this Department for a consider- able period of time. Therefore, I have received permission to obtain informal bids from quali- fied private contractors to remove the remaining debris. The final date for accepting these bids is March 24, 1980. I anticipate that the cost for such a contractor will exceed $12,000, and that the City will be eligible for reimbursement for this cost from Dis- aster Relief Funds. In order to accelerate the beach cleanup, I am requesting that the award- ing of a contract be expedited by adopting a Resolution at this Council meeting, authorizing the City Manager to execute immediately a contract for removal of debris from the ocean beach, instead of waiting for Council approval of a contract at a later meeting. Wade S. Beyeler WSB /ib RESOLUTION NO. 97-N2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE LETTING OF A CONTRACT TO REMOVE DEBRIS FROM THE BEACHES OF NEWPORT BEACH WITHOUT ADVERTISING FOR BIDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH A CONTRACT ON BEHALF OF THE CITY WHEREAS, Orange County has been declared a disaster area by both the Governor of the State of California and the President of the United States; and WHEREAS, the date of the disaster so declared commenced January 8, 1980, and is still continuing; and WHEREAS, large amounts of debris have been deposited on the beaches of Newport Beach caused by the rains in January and February, 1980, which were the basis for the declared dis- aster; and WHEREAS, City forces are insufficient to collect and remove the debris on the beaches of Newport Beach; and WHEREAS, because of the continuing nature of the disaster caused by the rains and the continuing deposition of debris on the beaches of Newport Beach by the continual runoff to the Newport Beach area is such that to be of urgent neces- sity for the preservation of life, health and property that the contract to clean the beaches of Newport Beach may be let without advertising for bids; and WHEREAS, the scheduling of City Council meetings is such that after the opening of informal bids on March 24, 1980, there will be no opportunity for a City Council consideration of the award of the contract to an appropriate bidder and therefore it is appropriate to delegate to the City Manager the 9 authorization to execute the contract for debris collection and removal from the beaches of Newport Beach, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the letting of a contract for debris collec- tion and removal on the beaches of Newport Beach without advertising for bids, pursuant to Section 1110 of the Charter of the City of Newport Beach. BE IT FURTHER RESOLVED that the City Manager of the City of Newport Beach is authorized to execute said contract on behalf of the City pursuant to Section 421 of the Charter of the City of Newport Beach. BE IT FURTHER RESOLVED that the urgent necessity requiring the letting of the contract without advertising for bids is that the disaster caused by the heavy January and February rains in 1980, and the continuing flow of debris onto the beaches, effectively prevents the formal preparation of bid documents and advertising for bids, and it is necessary and urgent to preserve life, health and property to cause the debris to be removed from the beaches of Newport Beach as soon as possible and without the waiting for preparation of formal bid documents and publication of notices advertising for bids for said work. ATTEST: City ADOPTED this 24th day of March Mayor 1•:1 erk HRC /kv 3/18/80 -2-