HomeMy WebLinkAboutC-3917 - Transport of Sand from China Cove Beach to Corona del Mar State Beach and North Bay Front, Ruby Beach on Balboa IslandCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
August 7, 2008
Mr. Nick Cousyn
Cousyn Grading and Demolition
2034 N. Capella Court
Costa Mesa, CA 92626
Subject: China Cove Sand Disposal Project (C -3917)
Dear Mr. Cousyn:
The Faithful Performance and Labor and Materials Bonds are being released
since the work to transport sand from China Cove Beach to Corona del Mar State
Beach and N. Bay Front, Ruby Beach on Balboa Island has been completed.
The Surety for the contract is Nationwide Insurance Company, and the bond
numbers are Bd 701598. Enclosed are the Faithful Performance and Labor and
Materials Bonds.
Sincerely,
LaVonne M. Harkless, MMC
City Clerk
encls.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
CITY OF NEWPORT BEACH
BOND NO. Bd 701598
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3,925.00
being at the rate of $ 2n.00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Nick Cousyn an ind., Cousyn Grading and hereinafter designated as the
Demolition
"Principal," a contract for the China Cove Sand Disposal project, located at China Cove; Corona
Del Mar and N. Bay Front, Ruby beaches in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Nationwide Mutual Insurance
Comnanx , duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport
Beach, in the sum of One Hundred Ninety Five Thousand Dollars ($195,000.00) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount of the
Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder
shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such
change, extension of time, alterations or additions of the Contrail or to the work or to the
specifications.
13 2/Par07
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly a cuted by the ncipal and
Surety above named, on the 18_ day of February A --
Nick Cousyn an Intl., DBA Cousyn
Grading and Demolition
Name of Contractor (Principal)
Nationwide Mutual Insurance Company
Name of Surety
PO Box 1820
La Mesa, CA 91944 -1820
Address of Surety
800 - 822 -3666
Telephone
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Steve Bozzuto, Attorney In Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
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State of California
County of
On aL -j- r - d� before me,
Date
personally appeared
DOLORES LYONS
M WCOMM. # 1432013
Notary Public - California
SACRAMENTOCOUNTY N
My Commission Expires July 24, 2007
t9caan
Place Notary Seal Above
ss.
Nemelsl
❑ personally known to me
improved to me on the basis of satisfactory evidence
6 to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he /shelthey executed the same in his/her /their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
E E my hand icial seal.
Signawre d No It Ic
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: _
Document Date:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
i
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
RIGH7THUMBPRINT
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02004 National Notary Awoclation • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder: Call Toll -Free 1- 800.876,8827
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS That Nationwide Mutual Insurance Company, a corporation organized under the laws
of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter celled "Company ", does hereby make,
constitute and appoint Steve Bozzuto, Orangevale, Ck in his or her individual capacity, its true and lawful Attomey -In -Fact with
full power and authority to sign, seal, and execute in its behalf bond number Bd 701598 for Nick Cousyn an Ind., dba Cousyn
Grading & Demolition as principal in the amount of
One Hundred Ninty Five Thousand & N01100 Dollars ($195,000.00)
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of
Directors of the Company.
ARESOLVED, that the President, or any Senior Vice President, Vice President, Resident Vice President or Second
Vice President be, and the same hereby is, authorized and empowered to appoint Attomeys4n- Fact of the Company
and to authorize them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, pollcies,
contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory
in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such
appointment or authority. The authority granted hereby shall in no way limit the authority of other duty authorized
agents to sign and countersign any of said documents on behalf of the Company=
ARESOLVED FURTHER, that such Attomeys -in -Fact shall have full power and authority to execute and deliver any
and all such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued
to them, and to affix the seal of the Company thereto, provided, however, that said seal shall not be necessary for the
validity of any such documents.--
This Power of Attorney is signed and sealed by facsimile under and by the following By -Laws duly adopted by the Board of Directors of
the Company
ARTICLE Vlll
Section 10. Execution of Instruments. Any Vice President and any Assistant Secretary or Assistant Treasurer shall
have the power and authority to sign or attest all approved documents, Instruments, contracts or other papers in
connection with the operation of the business of the company in addition to the Chairman and Chief Executive
Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed,
engraved or stamped on any approved document, contract, instrument or other papers of the company.
IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused tht . rument to be sealed and duly
attested by the signature of its President the 25th day of Ma
ACKNOWLEDGMENT °"`—`
--� r
STATE OF Iowa R
COUNTY OF Polk SS
President
On this 25th day of March, 2002, before me came the above named President for Nationwide Mutual Insurance Company, to me
personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of Me
same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed thereto is
the corporate seal of said Company, and the said corporate seal and his signaturswere_dulY a subscribed to said instrument
by the authority L T �.=0
F w°as�r„
Note ry Public
My Commission Expires March 24, 2008
CERTIFICATE
I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the foregoing is a full,
true and correct copy of the original Power of Attomey issued b said Company; that the Resolution included therein is a true and
correct transcript from the minutes of the meeting of the Board of Directors duly called and held on the 6th day of a ex
Se bet, 1967, and
the same has not been revoked or amended in any man; ner•that said Stephen S. Rasmussen was on the date of ecution of the
foregoing Power of Attomey the duly elected President of Nationwide Mutual Insurance Company and the corporate seal and his
signature as President were duly affixed and subscribed to the said instrument by the authority of said Board of Directors; and the
foregoing Power of Attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto sub i��f�fyy' name as Assistant Secretary, and affixed the corporate seal of said
Company this 28th day of February, 2007 fr=( Vj
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This Power of Attorney Expires Assistant Secretary
8 -3 -08
Bd 1(04 -00)
CITY OF NEWPORT BEACH
BOND NO. Bd 701598 Premium included
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Nick Cousyn an ind., DaA Cousyn Grading and
Demolition hereinafter designated as the
"Principal," a contract for the China Cove Sand Disposal project, located at China Cove, Corona
Del Mar and N. Bay Front, Ruby beaches in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for,
or about the performance of the work agreed to be done, or for any work or labor done thereon of
any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
Nationwide Mutual Insurance Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety') are
held firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety Five
Thousand dollars ($195,000.00) lawful money of the United States of America, said sum being
equal to 100% of the estimated amount payable by the City of Newport Beach under the terms
of the Contract: for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of
any such change, extension of time, alterations or additions to the terms of the Contract or to the
work or to the specifications.
11
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
s
County of
On CP ��fl ` before me, f �S
Cale Name aM Tnle Officer (e.g "Jane Doe, Notary
personally appeared C V�% U CJ
Namefs) of Signer(s)
❑ personally known to me
/-proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed
DOLORES LYONS to the within instrument and acknowledged to me that
ati COMM. # 1432013 he/she /they executed the same in his /her /their
Notary Public - California authorized capacity(ies), and that by his/her/their
SACRAMENTO COUNTY N signature(s) on the instrument the person(s), or the
My Commission Expires J*24,2D07 entity upon behalf of which the person(s) acted,
executed the instrument.
WIT SS m�han nd official seal.
Place Notary Seal Above
,gnat o Nary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capecity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer— Title(s):
I
Partner — El Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
SIGHT THU14ePRINT
OF SIGNER
Number of Pages: a
Signer's Name:
• Individual
• Corporate Officer — Title(s): ,
• Partner — ❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMSPRINT
OF SIGNER
0 2004 National Notary Association • 9350 be Suva Ave.. P.O. Box 2402 • Chatsanrth, CA 91313 -2x02 Item No. 5907 Reorder. Cell TNI -Free 1- a00.876 -6827
• •
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S21
February 13, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Harbor Resources Division/City Manager's Office
Chris Miller, Harbor Resources Supervisor, (949) 644 -3043
cmillerOcity newoort -beach ca us
Dave Kilf, Assistant City Manager, (949) 644 -3002
dkff@city.newwft-beach.ca.us
SUBJECT: Budget Amendment and Approval of a Contract with Cousyn Grading and
Demolition for $195,000.00 to Transport Sand from China Cove Beach to
Corona Del Mar State Beach and N. Bay Front, Ruby Beach on Balboa
Island.
ISSUE:
Should the City of Newport Beach approve a contract with Cousyn Grading and Demolition to
transport sand via 10 wheeled dump trucks from the China Cove public beach to Corona Del
Mar State Beach and the N. Bay Front, Ruby beach on Balboa Island for $195,000?
RECOMMENDED ACTIONS:
1. Authorize the City Manager to execute an agreement substantially similar to the attached
With Cousyn Grading and Demolition for $195,000.
2. Approve Budget Amendment #BA- increasing revenue estimates in Account #255 -4842
by $155,ODO and increasing expenditure appropriations by $155,000 in CIP Item 7255 -
C2371972, CDM Beach Replenishment.
DISCUSSION:
The City has secured permits from the California Coastal Commission, the US Army Corps of
Engineers and the California Regional Water Quality Control Board for a cooperative project
With the Channel Reef Community Association (CRCA) at 2525 Ocean Blvd near China Cove
beach.
CRCA has an immediate need to dredge 7,000 cubic yards of sandy material in order to salvage
their marina that is almost totally aground. CRCA will be responsible for dredging the material
to a dewatering pit on the China Cove beach and the City will be responsible for transporting the
material from China Cove beach to the receiving beaches. The project will commence
approximately March 1, 2007 and will be completed prior to the Memorial Day weekend, as per
the Coastal Commission Permit.
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In June 2006, the City Council approved a Memorandum of Understanding (MOU) with the
California Coastal Commission for sand replenishment projects in the Crystal Cove Littoral
Suboall with a first priority at the east end of the Corona Del Mar State Beach. The Irvine
Company was required to participate in a fair share program for beach sand replenishment in
the Crystal Cove Littoral Suboall prior to Issuance of the Coastal Development Permit for the
Irvine (Newport) Coast development. The Irvine Company was also required to deposit
$163,800 in an interest - bearing account designated by the Executive Director of the
Commission in lieu of providing sand to replace the sand and beach area that could be lost due
to the impact of the proposed project. The initial Irvine Company deposit has grown to
approximately $185,000 in the Interest- bearing account.
Bid Process: This Project was put out for bid on January 19, 2007 and was sent to three local
grading contractors. Cousyn Grading and Demolition was the only responsive bidder at the end
of the dosing process on February 2, 2007.
This contract with Cousyn Grading and Demolition will use approximately $155,000 of the
aforementioned Irvine Company funds (funds which are now deposited in City accounts) for the
Corona Del Mar sand portion of the project and approximately $40,000 of approved CIP funds
(Page 62 of CIP, Item #7231 - 02360058) for the Balboa Island sand project
Public Outreach: A public outreach meeting was held in November 2006 to review the details
and to listen to the concerns of the surrounding neighborhoods, particularly the China Cove
community whose primary concern was the truck traffic generated by the disposal. To address
these issues, Harbor Resources has developed requirements which are outlined in the Scope of
Services (Attachment C in the attached Contract). In addition, the City is currently applying for
another permit to dredge a shoal that has formed near the CRCA's marina. This material will be
placed on the southeastern pardon of the China Cove beach near Femleaf Ave.
Envuonmental Review: This project underwent its CEQA review as a part of its Coastal
Development Permit — the Project was categorically exempt under 15304, Minor Alterations to
Land, Class 4, g: Maintenance dredging where the spoil is deposited in a spoil area authorized
by all applicable state and federal regulatory agencies.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours In
advance of the public meeting at which the City Council considers the item).
Funding. This project requires a budget amendment to appropriate the Irvine Company's sand
funds towards this Project.
4�, If "19
Iler, Harbor Resources Supervisor
Attachments: Aerial Photos
Formal Contract
Budget Amendment
Submitted by:
1�=-4 M6 -
Da ff. Assistant CftJI Manager
•
•
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Aerial Photos
• • China Covo Send Dispesal
Fabiwiy 13, 2007
Pago 3
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FetuuW 19 2007
Pale 4
CONTRACT WITH COUSYN {TRADING AND DEMOLITION
FOR
CHINA COVE SAND DISPOSAL PROJECT
THIS CONTRACT is made and entered Into as of this _ day of 2007, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and Cousyn
Grading and Demolition, whose principal place of business is 2034 N. Capella Court, Costa
Mesa, CA 92626 ( "Contractor"), and is made with reference to the following:
RECITALS
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 Califomia and the Charter of City.
B. City is planning to replenish the City s beaches with 7000 cubic yards (cy.) of sand at
Corona Del Mar Beach, North Bay Front, and Ruby beach on Balboa Island. The
Channel Reef Community Association will dredge their marina at 2525 Ocean Blvd. and
will pump the sand into a dewatering pit on the China Cove public beach. As part of a
cooperative project with Channel Reef, the City will reuse this beneficial sand by hauling
it to the Corona Del Mar and Ruby beaches. ('China Cove Sand Disposer).
C. City desires to engage Contractor to remove and haul 7000 cubic yards of sandy
material from a dewatering pit on China Cove bead to Corona Del Mar beach (5500
cy.), and, to North Bay Front, and Ruby Beach on Balboa Island (1500 cy.) via 10
wheeled dump trucks. Contractor will grade the sand at the receiving beach to
specifications. {"Project). Contractor has agreed to perform the Project over an
approximate 1 D-12 week period, commencing on approximately March 1, 2007.
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 Cantradd. Contractor has agreed to work
cooperatively with the dredging contractor, Intracoastal Dredging. Contractor shall
provide at the dose of the project, a separate accounting of expenses related to the
Performance of work at Corona Del Mar and Ruby. Operation and maintenance of the
China Cove dewatering site and damage mitigation measures shall be attributed to the
Corona Del Mar phase of the work.
E. Contractor shall adhere to the Standard and Special Conditions of the permits from the
California Coastal Commission, the Army Corps of Engineers and the Regional Water
Quality Control Board (attached).
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FehmM 13, 2007
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NOW. THEREFORE, it is mutually agreed by and between the undersigned panties as follows:
1. SCOPE OF WORK
Contractor shall perform all the services described in the Scope of Work attached hereto
as Exhibit C 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 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
famish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
2. TIME OF PERFORMANCE
Terre is of the essence in the performance of services under this Contract and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Contract by City and
assessment of damages as outlined in Section 2.1.
Project will commence on approximately March 1, 2007 and be
completed by May 24, 2007. Project timing is also dependent upon the
dredging contractor and his ability to dredge the required material to
the China Cove beach. However, it Is possible the project may not be
completed by May 23, 2407 and must resume after tabor Day. If this
should occur, Contractor shall be paid for work completed to date.
Liquidated damages w41 not be charged If the delay is at no fault of the
Contractor.
2.1 The parties agree that it is extremely difficult and impractical to determine and fix
the actual damages that City will sustain should the Contractor fall to complete
the Project within the time allowed. Should Contractor fail to oomplete the work
called for in this Contract on the date outlined above, Contractor agrees to the
deduction of liquidated damages in the sum of Fifty Dollars ( ;50.00) for each
calendar day beyond the date scheduled for completion provided in Section 2 of
this Agreement assuming that the Contractor has access to the space on March
1. 2007 as described herein.
Execution of this Agreement shall constitute agreement by the City and
Contractor that Fifty Dollars ($50.00) per calendar day is the minimum value of
the costs and actual damage caused by the failure of the Contractor to complete
the work within the allotted time. Such sum is liquidated damages and shall not
be construed as a penalty, and may be deducted from payments due the
Contractor if such delay occurs.
3.
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5.
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COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of One Hundred Ninety Five Thousand Dollars and no/100 ($185,000.00).
Contractor shall not receive any additional compensation unless approved in advance by
the City in writing.
The City shall make progress payments as the Project work proceeds based on the
percentage of Project work completed. The cost of materials and equipment delivered
and suitably stored at Corona Del Mar beach parking lot for subsequent incorporation in the
Project work as well as any trucking costs shall be included in progress payments. The
City shall retain ten percent (10%) of any amount die and owing under this Agreement unfit
all Project work is completed.
ADMINISTRATION
This Contract will be administered by the Harbor Resources Department. Chris Miller.
Harbor Resources Supervisor, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Contract
TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
5.1 Contractor shall use only the standard materials described in Exhibit C in
performing Contract Services. Any deviation from the materials described in
Exhibit C shall not be installed unless approved in advance by the City
Administrator.
5.2 AD of the services shall be perfomned by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to
perform the services required by this Contract, and that It will perform all services
in a manner commensurate with community professional standards. Ali services
shall be performed by quallfied and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
6.1 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 subcontractors, or its workers. or
anyone employed by either of them.
6.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects, obstructions
or from any cause arising from Contractor's work on the Project, or the work of
any subcontractor or supplier selected by the Contractor.
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Chine Cove Senor Dbposer
Febmary 13, 2007
Page 7
6.3 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 Contract; (2) use of
improper materials in performing this Project; including, without (imitation, defects
in workmanship or materials and/or design defects 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, ffs officers or employees.
6A Contractor shall perform all Project work in a manner to mhmize public
inconvenience and possible tramwid, to restore oftr work areas to their origami
condition and former usefulness as soon as possible, and to protect public and
private Property. Contractor shall be liable for any private or public properly
damaged during the performance of the Project work.
6.5 To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Contract as shall be consideved necessary by City may be retained
by it until disposition has been made of such suits or cIW ms for damages as
aforesaid.
6.6 Nothing in this section shall be Construed as authorizing any award of attorney's
fees in any action to enforce the terms of this Contract, except to the extent
provided in Section 6.3 above.
6.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
7. 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 Contract. No Civil service
status or other right of employment shall accrue to Contractor or its employees.
9. 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 b be
Performed, City agrees to cooperate with the Contractor on the Project.
9. INSURANCE
Without limiting Contractor's indemnification of City, and orior to cornsrrencement of
W911 Contractor shall obtain, provide and maintain at Its own expense during the term of
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this Contract, a policy or policies of liability insurance of the type and amounts described
below and in a form satisfactory to City.
A. Cgr#ff_icates of Insurance. Contractor shad 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. Current certification of
insurance shall be kept on file with City's at all times during the term of this
Contract.
B. store. A person authorized by the insurer to bind coverage on its behalf
shad 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 Beat's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
Woftrs' 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, oontractual liability. If
commercial general liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shad apply
separately to the work to be performed under this Contract, or the general
aggregate limit shall be at least twice the required occurrence limit.
Hi. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for al activities of
the Contractor arising out of or in connection with work to be performed
under this Contract, including coverage for any owned, hired, non -owned
or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
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E. En Each general liability and automobile liability Insurance policy
Shall be endorsed with the following specific language:
i. 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.
H. 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 riot 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.
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.
10. BONDING
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: a Labor and Materials Payment Bond in the amount of one hundred percent
000%) of the total amount to be paid Contractor as set forth in this Agreement and in
the form attached hereto as Exhibit B which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100°!0) of the total
amount to be paid Contractor as set forth in this Agreement in the fonn attached hereto
as Exhibits C which is incorporated herein by this reference.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance
n
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Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide: Properly- Casually,
The Contractor shall deliver, concurrently with eacution of the Agreement, the Labor and
Materials Payment Bond and Faithful Performance Bow, a certified copy of the
'Certifificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the Sate of
California.
11. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of Callfomi8l, not less
than the general prevailing rate of per diem wages including legal holidays and overtime
work for each craft or type of workman needed to execute the work contemplated under the
Agreement shall be paid to all workmen employed on the work to be done according to the
Agreement by the Contractor and any subcontractor. In accordance with the Calfomia
Labor Code (Sections 1 T70 et seq.} the Director of Industrial Relations has ascertained the
general prevailing rats of per diem wages In the locality in which the work is to be
performed for each aaft, classification, or type of workman or mechanic needed to execute
the Agreement. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703.4774, and requesting one from the Department of industrial
Relations. The Contractor is required to obtain the wage determinations from the
Department of Industrial Relations and post at the job site the prevailing rate or per diem
wages. It shall be the obligation of the Contractor or any subcontractor under hunter to
comply with all State of California labor laws, rules and regulations and the parties agree
that the City shall not be liable for any violation thereof.
12. SUBCONTRACTING
City and Contractor agree that suboontractors may be used to complete the work outlined
in the Scope of Services provided the Contractor obtains City approval prior to the
subcontractor performing any work. Contractor shall be fully responsible to City for all arts
and omissions of the subcontractors. Nothing in this Contract shag create any contractual
relationship between City and subcontractor nor shall it create any obligation on the part of
City to pay or to see to the payment of any monies due to any such subcontractor other
than as otherwise required by law.
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 rasped 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.
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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 foresesably 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 ail
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 Contract
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 hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be addressed
to City at:
Attn: Chris Miller
Harbor Resources Department
City of Newport Beach
629 Harbor Island Dr.
Newport Bead►, CA, 92660
Phone: (949) 644 -3043
Fax: (949) 723-0569
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at
Attn. Nick Cousyn
Cousyn Grading and Demolition
2034 N. Capella Court
Costa Mesa, CA 92526
Phone: (714) 557 -1566
Fax: (714) 557 -1212
16. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this Contract
at the time and in the manner required, that party shall be deemed In default to the
performance of this Contract. If such default is not aced within a period of two (2) calendar
days, or if more than two (2) calendar days are reasonably required to wre the default and
Me 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 we such default, the non - defaulting party may tenninate the
Contract forthwith by giving to the defaulting party written notice thereof.
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Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Contract 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 oasts 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 Contrail.
17. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all govemmental entities, Including federal, state. county or
municipal, whether now in force or hereinafter enacted.
18. WAIVER
A waiver by City of any tern. covenant, or condition in the Contract shall not be deemed to
be a waiver of any subsequent breach of the same or any other term, covenant or
condition.
18. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and Contracts of
whatsoever kind or nature are merged herein. No verbal Contract or implied covenant
shall be held to vary the provisions herein.
20. CONFLICTS OR
In the event there are any conflicts or inconsistencies between this Contract and the Scope
of Services, the terms of this Contract shall govem.
21. AMENDMENTS
This Contract 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 Contract 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 Contract and all matters relating Ito it
and any action brought relating to this Contract shall be adjudicated in a court of competent
jurisdiction in the County of Orange.
24.
OMM Core sand r
Fo&% y 13, 2007
Pape i3
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.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and
year first written above.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Homer Bkrdau, City Manager
for the City of Newport Beach
By: By:
LaVonne Harkless, Name: Nick Cousyn
City Clerk Tide: Owner
Attachments: Exhibit A - Labor and Materials Payment Bond
Exhibit B - Faithful Performance Bond
Exhibit C - Scope of Servioes
Exhibit D - Agency Pemtits
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aftbM cove saw D&POW
Febnmy t$ 2007
Page 14
CITY OF NEWPORT BEACH
BOND NO.
WHEREAS, the City Council of the City of Newport Beach, State of Caldbmia, by motion
adopted, has awarded to Cousyn Grading and Demolition hereinafter designated as the
Principal,' a contract for the China Cove Sand Disposal project, located at China Cove, Corona
Del Mar and N. Bay Front, Ruby beaches in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishinrg of a bond, providing that If Principal or arty of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used In, upon, for, or
about the performance of the work agreed to be done, or for any work or labor done thereon of any
kind, the Surety on this band win pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as °Surety') are
held firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety Five
Thousand dollars ($195,000.00) lawful money of the United States of America, said sum being
equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of
the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors, or assigns, jointly and severally, firmly by time present
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery
used in, upon, for, or about the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum
specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of
the Civil Code of the State of California.
The Bond shall inure to the benefit of any and an persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns In any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed thereunder
shall in any wise affect its obligations on this Bond, and it does herby waive notice of any such
change, extension of time, alterations or additions to the terms of the Contract or to the work or to
the specifications.
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In the event that any principal above named wacuted this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the day of .2007.
Name of Contractor (Principal)
Name of Surely
Address of Surety
Telephone
Authorized Signatureflitle
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
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CriY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
Chtna Cove Sand wspaerd
February 13,2W7
Page 16
The premium charges on this Bond is $
being at the rate of $ thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Cousyn Grading and Demolition hereinafter designated as the
"Principal; a contract for the China Cove Sand Disposal project, located at China Cove, Corona
Del Mar and N. Bay Front, Ruby beaches in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the fumishing of a Bond for the faithful performance of the Contract
NOW, THEREFORE, we, the Principal, and
, duty authorized to transact business under the laws of the State of
California as Surety (hereinafter "Sunatyr), are held and firmly bound unto the CAy of Newport
Beach, in the sum of One Hundred Ninety Five Thousand Dollars ($195,000.00) lawful money of
the United States of America, said sum being equal to 100% of fie estimated amount of the
Contract, to be paid to the City of Newport Beach, its suers, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, suoosssors,
or assigns, joir>tiyr and severally, firmly by these present
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principars
heirs, executors, administrators, successors, or assigns, fall to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements In the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and In fie manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its
officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become
null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified In
this Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the Gty, only in the event the City is required to bring an
action In law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder shall
in any way affect its obligations on this Bond, and R does hereby waive notice of any such change,
extension of time, alterations or additions of the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
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Asp 17
In the event that the Principal executed this bond as an individual, It Is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the day of .2007.
Name of Contractor (Principaq
Name of Surety
Address of Surety
Telephone
Authorized Signatureif"rtle
Authorized Agent Signature
Print Name and Tide
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
17
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SCOPE OF SERVICES
Protect Details
Pi
China Cove Sand Disposer
February 13, 2007
Page 18
The Channel Reef Community Association at 2525 Ocean Blvd. (adjacent to China
Cove beach) has secured permits to dredge their marina of 7000 cy of material.
Dredging activities will be perforated by Intracoastal Dredging under separate contract.
The sandy material will be pumped into a dewatering pit on China Cove beach where it
will dry and then hauled by the contractor to the Corona Del Mar and Balboa Island
beaches. All loaders, trucks and grading equipment will be supplied by the contractor.
2. Project Manager for the City of Newport Beach will be Chris Miller, Harbor Resources
Supervisor, (949) 644- 3043, cxnillejAcitv.newcort- beach.ca.us On -site contact will be
Chris Miller and Mark Sites, Intracoastal Dredging, (949) 533 -0993.
3. Contractor will construct a sand dewatering pit per the attached plans with a rubber tin;
loader. Pit will be approximately 90' x 75' with a 6' high berm around the perimeter. A
12" water return pipe will be supplied by Intracoastal Dredging but will be installed by
the contractor.
4. It is anticipated the dredging activity will take approximately 5 days (1 week) to fill the
Pit which will hold 1500 cy. The material will dewater for a few days. Then, the
following week, the contractor will use a rubber fire loader to load the trucks and haul
the material to the disposal sites in approximately 2.5 - 3 days. Therefore, the pit
fiWempty cycle will be approximately 2 weeks. After each fill/empty cycle, the pit will
be rebuilt for the next cycle. Upon completion of the last fiWempty cycle, the pit will be
filled in and the China Cove beach graded to original grade.
5. It is estimated the contractor will take approximately 3 days to remove the material
from the pit and haul to the receiving beaches based on the following assumptions:
Truck capacity is 10 cy
China Cove to Balboa Island 2.1 miles = 11 minutes travel, one way
China Cove to Corona Del Mar 0.8 mies = 6 minutes travel, one way
Assume 5 minutes to load and 5 minutes to dump
Balboa Island (Ruby Ave. 8 N. Bay Front 1500 sa
• 5 min. (load) + 11 min. (travel) + 5 min. (dump) + 11 min (travel) = 32
min. cycle time
• Assume using 5 trucks at < 2 trips/hr = 9 cycles/hr x 10 cyAruc k = 90
cy/hr. Number of trucks may vary. However, excess trucks should be
minimized.
• Assume a 6 hour day = 6 his x 90 cy /hr = 540 cy /day
• Pit capacity of 1500 cy + 540 cy /day = 2.8 days (total of 150 truck
cycles)
• 1 dewatering pit filllempty cycle for Balboa Island beach
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Febn a y 13.2007
Page 19
0 5 min. (load) + 6 min. (travel) + 5 min. (dump) + 6 min. (travel) = 22
min. cycle time
o Assume using 4 trucks at 2.5 tripsthr = 10 cyclwft x 10 cy/trt c k =100
cy/hr. Number of trucks may vary. However, excess trucks
should be minimized.
o Assume a 6 hour day = 6 hrs x 100 cy/hr = 600 cy /day
o Pit capacity of 1500 cy + 600 cy /day = 2.5 days (total of 150 truck
cycles)
0 5500 cy + 1500 = 3.7 pit fllUempty cycles for CONE beach
o Total of up to 550 truck cycles for COM beach
6. Sand transported to Corona Del Mar will be spread and graded by the contractor to the
City's specifications. The City's beach rake will srft the sand and remove trash and
debris. Sand transported to Balboa Island will be dumped over the bulkhead then
spread and graded by the contractor to the City's specifications. A track mounted skid
steer is the optional equipment to grade at Ruby Beach because it is the easiest and
safest to maneuver over the bulkhead.
7. The contractor will stage a flagman to guide the trucks as they back down Cove Street to
be loaded. Only (1) truck at a time will be allowed in the China Cove community which
includes the China Cove Ramp down to Femleaf Ave. and Cove Street. Additional
trucks must be staged on Ocean Blvd. with idling time not to exceed 2-3 minutes.
8. The contractor will video document the condition of the truck travel path, roadway,
sidewalks, driveways and slopes and be responsible to repair any damages beyond
existing conditions. The contractor will also protect the relativey new slurry seal on the
roadway and repair as necessary. The Contractor will provide steel plates for street
protection.
9. The contractor will provide a street sweeper vehicle to sweep the streets along the path
of travel within the China Cove community at the end of every truck hauling day.
10. All sand hauling and grading operations shall be between the hours of 8:00 AM to 5:00
PM, Monday through Friday. No work on weekends or holidays.
11. Some of the affected volleyball courts at China Cove and Corona Del Mar beaches will
be removed and replaced by the City's General Services Department. Contractor's work
shall minimize the Impact to the beach going public as well as to the volleyball players.
Only a few volleyball courts shall be impacted at any given time.
12. Grading at Corona Del Mar beach shall be coordinated with the City's General Ser Aoes
Department. When dumping the sand at Corona Del Mar beach, the contractor will
ensure the beach is in a safe condition every day. There shall be no large piles of sand
left overnight. Contractor shag smooth out the material as it Is dumped on the beach. At
the end of each empty/fill cycle, the contractor will fully grade that week's sand supply.
13. No equipment, including loaders, shall be stored on the beech when not In use. Best
Management Practices shall be used to minimize any environmental concerns.
Equipment shall be In excellent working condition and shag not leak any fluids. All
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equipment shall be mobilized and de- mobilized for each filifempty cycle. However, the
City will work with the contractor to determine the best place to stage the equipment
overnight and possibly allow the equipment to remain on site in between each filUempty
cycle. (Most likely, the Corona Del Mar beach parking lot may be used for lttese
purposes.)
14. Contractor shall reduce the grade around the storm drain at the and of Cove St. The
City shall provide the specifications when the project begins.
15. Contractor shall remove the guard rail (or sections of the guard rail) at the end of Cove
St. as needed. Contractor will replace the guard rail at the end of the project-
1 B. Project must be complete before Thursday, May 24, 2007. Time is of the essence.
Project is anticipated to begin In late February 2007. Project start date and future
fill/empty cycles shall be specifically coordinated with Intracoastal Dredging.
17. Contractor shall adhere to the conditions of the permits from the California Coastal
Commission, the Army Corps of Engineers and the Regional Water Quality Control
Board. (See attached.)
9n
4tity of Newport BeadD NO. SA- 07RA -M
BUDGET AMENDMENT
2006 -07 AMOUNT: 316sono.oa
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations IJ No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
This budget amendment is requested to provide for the folio ng:
To increase revenue estimates and expenditure appropriations for the CdM State Beach replenishment project ustirg funds
transferred from the California Coastal Commission.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
&W A000unt
REYENUEES77MATES (3601)
FundMivislon Account
255 4942
DCPS"WREAPPROPRIA77ONS (3603)
Description
Description
Environmental Contrib - CA Coast Comm
Description
Division Number 7255 Environmental Contributions
Acoourd Number C2371972 CdM Beach Replenishment Project
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Approval: Administrative Services Director
Signed:
Administrative Approval: City Manager
Amount
Debit Credit
$155,000.00
$155,000.00
f
Signed:
City Council Approval: City Cleric Date
02/17/2007 11:45 7145571 NICK COUSYN GRADIi PAGE 03
C -391
CONTRACT WITH
COUSYN GRADING AND DEMOLITION
FOR
CHINA COVE SAND DISPOSAL PROJECT
THIS CONTRACT is made and entered into as of this /7 day of /�k , 2007, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and Cousyn
Grading and Demolition, whose principal place of business Is 2034 N. Capella Court, Costa
Mesa, CA 92626 ("Contractor"), and is made with reference to the following:
RECITALS
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. City is planning a beach maintenance project which will replenish the City's beaches
with 7000 cubic yards (cy.) of sand at Corona Del Mar Beach and the Ruby Beach on
North Bay Front, Balboa Island. The Channel Reef Community Association will dredge
their marina at 2525 Ocean Blvd. and will pump the sand into a dewatering pit on the
China Cove public beach. As part of a cooperative project with Channel Reef, the City
will reuse this beneficial sand for a beach maintenance project and haul it to both the
Corona Del Mar beach and the Ruby beach on North Bay Front. ( °China Cove Sand
Disposal ").
C. City desires to engage Contractor to perform a beach maintenance project by removing
and hauling 7000 cubic yards of sandy material from a dewatering pit on China Cove
beach to Corona Del Mar beach (5500 cy.), and to Ruby Beach on North Bay Front,
Balboa Island (1500 cy.) via 10 wheeled dump trucks. Contractor will grade the sand at
the receiving beaches to specifications. ("Project"). Contractor has agreed to perform
the Project over an approximate 10-12 week period, commencing on approximately
March 1, 2007.
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 specked in this Contract. Contractor has agreed to work
cooperatively with the dredging contractor, Intracoastal Dredging. Contractor shall
provide at the close of the project, a separate accounting of expenses related to the
performance of work at both the Corona Del Mar Beach and Ruby beach. Operation
and maintenance of the China Cove dewatering site and damage mitigation measures
shall be attributed to the Corona Del Mar phase of the work.
E. Contractor shall adhere to the Standard and Special Conditions of the permits from the
California Coastal Commission, the Army Corps of Engineers and the Regional Water
Quality Control Board (attached).
02/17/2007 11:45 7145571 NICK COUSYN GRAD PAGE 04
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK
Contractor shall perform all the services described in the Scope of Work attached hereto
as Exhibit C 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 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.
2. TIME OF PERFORMANCE
Time is of the essence In the performance of services under this Contract and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Contract by City and
assessment of damages as outlined in Section 2.1.
Project will commence on approximately March 1, 2007 and be
completed by May 24, 2007. Project timing is also dependent upon the
dredging contractor and his ability to dredge the required material to
the China Cove beach. However, it is possible the project may not be
completed by May 23, 2007 and must resume after Labor Day. If this
should occur, Contractor shall be paid for work completed to date.
Liquidated damages will not be charged if the delay is at no fault of the
Contractor.
2.1 The parties agree that it is extremely difficult and impractical to determine and fix
the actual damages that City will sustain should the Contractor fail to complete
the Project within the time allowed. Should Contractor fail to complete the work
called for in this Contract on the date outlined above, Contractor agrees to the
deduction of liquidated damages in the sum of Fifty Dollars ($50.00) for each
calendar day beyond the date scheduled for completion provided in Section 2 of
this Agreement assuming that the Contractor has access to the space on March
1, 2007 as described herein.
Execution of this Agreement shall constitute agreement by the City and
Contractor that Fifty Dollars ($50.00) per calendar day is the minimum value of
the costs and actual damage caused by the failure of the Contractor to complete
the work within the allotted time. Such sum Is liquidated damages and shall not
be construed as a penalty, and may be deducted from payments due the
Contractor if such delay occurs.
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•
3. COMPENSATION
NICK COUSYN GRAD
ILJG
PAGE 05
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of One Hundred Ninety Five Thousand Dollars and no/100 ($195,000.00).
Contractor shall not receive any additional compensation unless approved in advance by
the City in writing.
The City shall make progress payments as the Project work proceeds based on the
percentage of Project work completed. The cost of materials and equipment delivered
and suitably stored at Corona Del Mar beach parking lot for subsequent incorporation in
the Project work as well as any trucking costs shall he included in progress payments.
The City shall retain ten percent (109'x) of any amount due and owing under this
Agreement until all Project work is completed.
4. ADMINISTRATION
This Contract will be administered by the Harbor Resources Department. Chris Miller,
Harbor Resources Supervisor, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Contractor shall use only the standard materials described in Exhibit C in
performing Contract Services. Any deviation from the materials described in
Exhibit C shall not be installed unless approved in advance by the City
Administrator.
5.2 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 Contract, 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.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
6.1 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 subconcontractors, or its
workers, or anyone employed by either of them.
6.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's work on the Project, or
the work of any subcontractor or supplier selected by the Contractor.
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02/17/2007 11:45
7.
6.
714557122
NICK COUSYN GRADING
PAGE 06
6.3 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,
properly 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 Contract; (2) use of
Improper materials in performing this Project; including, without limitation,
defects in workmanship or materials and/or design defects 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, its officers or
employees.
6.4 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.
6.5 To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Contract as shall be considered necessary by City may be retained
by it until disposition has been made of such suits or claims for damages as
aforesaid.
6.6 Nothing in this section shall be construed as authorizing any award of attorneys
fees In any action to enforce the terms of this Contract except to the extent
provided in Section 6.3 above.
6.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
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
fimited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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.
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02/17/2007 11:45 7145571 NICK COUSYN GRADING PAGE 07
9. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract, a policy or policies of liability insurance of the type and amounts
descri bed 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. Current certification
of insurance shall be kept on file with Citys at all times during the term of this
Contract.
B. $tonaiure. 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 Regulrements.
Workers' Compensation Coveraae. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. 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 aggregate limit shall apply
separately to the work to be performed under this Contract, or the
general aggregate limit shall be at least twice the required occurrence
limit.
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F.
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714557122
NICK CCLISYN GRAD6
PAGE 08
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 Contract, including coverage for any owned, hired, non-owned
or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
,Endorsements. Each general liability and automobile liabifity insurance policy
shall be endorsed with the following specific language:
i, 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.
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.
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.
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.
10. BONDING
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: a Labor and Materials Payment Bond in the amount of one hundred percent
(100 %) of the total amount to be paid Contractor as set forth In this Agreement and In
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02/17/2007 11:45 7145571 NICK COUSYN GRAD PAGE 09
the form attached hereto as Exhibit B which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto
as Exhibits C which is incorporated herein by this reference.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be Issued by
an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Bests Key Rating Guide: Property - Casualty,
The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the Sate of
California.
11. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services provided the Contractor obtains City approval prior to
the subcontractor performing any work. Contractor shall be fully responsible to City for
all acts and omissions of the subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
12. 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.
13. 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.
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02/17/2007 11:45 7145571
14. NOTICES
NICK COUSYN GRAD
PAGE 10
All notices, demands, requests or approvals to be given under the terms of this Contract
shall be given in writing, to City by Contractor and conclusively shall be deemed served
when delivered personalty, or on the third business day after the deposit thereof in the
United States mail, postage prepaid, first -class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be addressed
to City at:
Attn: Chris Miller
Harbor Resources Department
City of Newport Beach
829 Harbor Island Dr.
Newport Beach, CA, 92660
Phone: (949) 644 -3043,
Fax: (949) 723 -0589
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at:
Attn: Nick Cousyn
Cousyn Grading and Demolition
2034 N. Capella Court
Costa Mesa, CA 92626
Phone: (714) 557 -1566
Fax (714) 557 -1212
15. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Contract at the time and in the manner required, that party shall be deemed in default in
the performance of this Contract. 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 Contract 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 Contract 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 Contract.
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02/17/2007 11:45
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20.
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714557122
COMPLIANCE WITH ALL LAWS
NICK COUSYN GRADING
PAGE 11
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.
WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and Contracts
of whatsoever kind or nature are merged herein. No verbal Contract or implied
covenant shall be hell to vary the provisions herein.
CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the
Scope of Services, the terms of this Contract shall govern.
AMENDMENTS
This Contract 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.
EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract 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.
CONTROLLING LAW AND VENUE
The laws of the State of California shall govem this Contract and all matters relating to it
and any action brought relating to this Contract shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
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.
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02/17/2007 11:45 714557122 NICK COUSYN GRADING PAGE 12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and
year first written above.
APPROVED AS TO FORM:
o".,— °
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
Byc/!(((I�YVrt /al /VZGr�'� -�7
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By
'Homer Bludau, City M alter
for the City of Newport Beach
By: --;� Chi �
Name: Nick Cousyn
Title: Owner
By:
Name:
Title:
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Scope of Services
Exhibit D — Agency Permits
10 211"7
SCOPE OF SERVICES
The Channel Reef Community Association at 2525 Ocean Blvd. (adjacent to China
Cove beach) has secured permits to dredge their marina of 7000 cy of material.
Dredging activities will be performed by Intracoastal Dredging under separate
contract. The sandy material will be pumped into a dewatering pit on China Cove
beach where It will dry and then hauled by the contractor to the Corona Del Mar and
Balboa Island beaches. All loaders, trucks and grading equipment will be supplied by
the contractor.
2. Project Manager for the City of Newport Beach will be Chris Miller, Harbor Resources
Supervisor, (949) 644 -3043, cmillergbcity .newoort- beach.ca.us On -site contact will be
Chris Miller and Mark Sites, Intracoastal Dredging, (949) 533 -0993.
1 Contractor will construct a sand dewatering pit per the attached plans with a rubber
tire loader. Pit will be approximately 90' x 75' with a 6' high berm around the
perimeter. A 12" water return pipe will be supplied by Intracoastal Dredging but will be
installed by the contractor.
4. It is anticipated the dredging activity will take approximately 5 days (1 week) to fill the
pit which will hold 1500 cy. The material will dewater for a few days. Then, the
following week, the contractor will use a rubber fire loader to load the trucks and haul
the material to the disposal sites in approximately 2.5 - 3 days. Therefore, the pit
fill/empty cycle will be approximately 2 weeks. After each fill /empty cycle, the pit will
be rebuilt for the next cycle. Upon completion of the last fill /empty cycle, the pit will be
filled in and the China Cove beach graded to original grade.
5. It is estimated the contractor will take approximately 3 days to remove the material
from the pit and haul to the receiving beaches based on the following assumptions:
Truck capacity is 10 cy
China Cove to Balboa Island 2.1 miles = 11 minutes travel, one way
China Cove to Corona Del Mar 0.8 miles = 6 minutes travel, one way
Assume 5 minutes to load and 5 minutes to dump
Balboa Island (Ruby Ave. Firizat, 1500
• 5 min. (load) + 11 min. (travel) + 5 min, (dump) + 11 min (travel) = 32
min. cycle time
• Assume using 5 trucks at < 2 trips/hr = 9 cycles/hr x 10 cy /truck = 90
cy/hr. Number of trucks may vary. However, excess trucks should be
minimized.
• Assume a 6 hour day = 6 hrs x 90 cy/hr = 540 cy /day
• Pit capacity of 1500 cy + 540 cy /day = 2.8 days (total of 150 truck
cycles)
• 1 dewatering pit fill /empty cycle for Balboa Island beach
15 ?/1"7
•
Corona Dal Mar Beach (up to 5500 cy)
• 5 min. (load) + 6 min. (travel) + 5 min. (dump) + 6 min. (travel) = 22
min. cycle time
• Assume using 4 trucks at 2.5 trips/hr = 10 cycles /hr x 10 cy /truck =
100 cy/hr. Number of trucks may vary. However, excess trucks
should be minimized.
• Assume a 6 hour day = 6 hrs x 100 cy /hr = 600 cy /day
• Pit capacity of 1500 cy + 600 cy /day = 2.5 days (total of 150 truck
cycles)
• 55D0 cy + 1500 = 3.7 pit fill /empty cycles for CDM beach
• Total of up to 550 truck cycles for CDM beach
6. Sand transported to Corona Del Mar will be spread and graded by the contractor to the
City's specifications. The City's beach rake will sift the sand and remove trash and
debris. Sand transported to Balboa Island will be dumped over the bulkhead then
spread and graded by the contractor to the City's specifications. A track mounted skid
steer is the optimal equipment to grade at Ruby Beach because it is the easiest and
safest to maneuver over the bulkhead.
7. The contractor will stage a flagman to guide the trucks as they back down Cove Street
to be loaded. Only (1) truck at a time will be allowed in the China Cove community
which includes the China Cove Ramp down to Fernleaf Ave. and Cove Street.
Additional trucks must be staged on Ocean Blvd. These truck's engines will be shut off
and will not stand idling at any time.
8. The contractor will video document the condition of the truck travel path, roadway,
sidewalks, driveways and slopes and be responsible to repair any damages beyond
existing conditions. The contractor will also protect the relatively new slurry seal on the
roadway and repair as necessary. The Contractor will provide steel plates for street
protection.
9. The contractor will provide a street sweeper vehicle to sweep the streets along the path
of travel within the China Cove community at the end of every truck hauling day.
10. All sand hauling and grading operations shall be between the hours of 8:00 AM to 5:00
PM, Monday through Friday. No work on weekends or holidays.
11. Some of the affected volleyball courts at China Cove and Corona Del Mar beaches will
be removed and replaced by the City's General Services Department. Contractor's work
shall minimize the impact to the beach going public as well as to the volleyball players.
Only a few volleyball courts shall be impacted at any given time.
12. Grading at Corona Del Mar beach shall be coordinated wlth the City's General Services
Department. When dumping the sand at Corona Del Mar beach, the contractor will
ensure the beach is in a safe condition every day. There shall be no large piles of sand
left overnight. Contractor shall smooth out the material as It is dumped on the beach.
At the end of each empty/fill cycle, the contractor will fully grade that week's sand
supply.
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13. No equipment, including loaders, shall be stoned on the beach when not in use. Best
Management Practices shall be used to minimize any environmental concerns.
Equipment shall be in excellent working condition and shall not leak any fluids. All
equipment shall be mobilized and de- mobilized for each filllempty cycle. However, the
City will work with the contractor to determine the best place to stage the equipment
overnight and possibly allow the equipment to remain on site in between each filllempty
cycle. (Most likely, the Corona Del Mar beach parking lot may be used for these
purposes.)
14. Contractor shall reduce the grade around the storm drain at the end of Cove St. The
City shall provide the spacifications when the project begins.
15. Contractor shall remove the guard rail (or sections of the guard rail) at the end of Cove
St. as needed. Contractor will replace the guard rail at the end of the project.
16. Project must be complete before Thursday, May 24, 2007. Time is of the essence.
Project is anticipated to begin In late February 2007. Project start date and future
fill/empty cycles shall be specifically coordinated with Intracoastal Dredging.
17. Contractor shall adhere to the conditions of the permits from the California Coastal
Commission, the Army Corps of Engineers and the Regional Water Quality Control
Board. (See attached.)
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