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HomeMy WebLinkAboutC-4227 - Balboa Island Beach Replenishment ProjectCITY OF NEWPORT BEACH HARBOR RESOURCES DEPARTMENT BALBOA ISLAND BEACH REPLENISHMENT PROJECT INFORMAL CONTRACT THIS AGREEMENT, entered into this VA day of x,2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and COUSYN GRADING & DEMO.INC., a California Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited bids for the following described public work: Dredging project at Balboa Island. Sand will be pushed from the waters' edge to the bulkhead to increase the height of usable beach area to better serve the public during the summer months and to help protect the bulkhead. This sand nourishment project will replenish the several beaches around Balboa Island promoting recreation. The sand placement will also help protect the seawalls on Balboa Island. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractors careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Request for Proposal ( "RFP"), Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Plans and Special Provisions for Informal Contract, and all modifications and amendments thereto (collectively the "Contract Documents°). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services required for the following Project: Balboa Island Beach Replenishment Project: Contractor shall perform a sand replenishment project as outlined in the RFP, attached hereto as Exhibit A. The job requires contractor to move approximately 3000 cubic yards of sand from the low tide line to the bulkhead at various beaches in order to increase the size of the usable beaches on Balboa Island. All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of $16,400 (SIXTEEN THOUSAND FOUR HUNDRED AND NO1100). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Contract and Contractor shall complete the Project in a timely and diligent manner. E. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract documents, the contractor shall be required to file any claim the contractor may have against the City in strict conformance with the Tort Claims Act (Government code 900 et. seq.) F. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beads Harbor Resources Department 829 Harbor Island Drive Newport Beach, CA 92660 Attention: Shannon Levin (949) 644 -3041 (949) 723 -0589 Fax G. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Cousyn Grading & Demo. 2034 N. Capella Court Costa Mesa, Ca 92626 Attention: Nick Cousyn (714)557 -1566 (714)557 -1212 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake setf- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract" H. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shalt be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Hi. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to the Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. I. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Project, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. 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 damages, 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 construction of the Work; 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. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents 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 for in 1.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. J. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. K. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. L. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: WK, do CITY CLERK nF N 03 APPROVED AS TO FORM: �14 lV ll David Hunt City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By. hris Miller Harbor Resources Manager CONTRACTOR: (Corporate Officer) Title: Print Name: MLLE By: &d"6- 62L�-C-�j (Financial Officer) Title: (-71 Q Print Name: 6 mel -A cou Syd am EXHIBIT A CITY OF NEWPORT BEACH HARBOR RESOURCES March 20, 2009 To: Grading Contractor RE: Request for Proposal (RFP) 2009 Balboa Island Sand Replenishment Project Project Summary The City of Newport Beach is requesting competitive bids for a dredging project on Balboa Island. Sand will be pushed from the low tide line to the bulkhead to create a higher level of sand that will better serve the public's use during the summer months. Proiect Details The scope of the project is to push sand from the water's edge up to the bulkhead in order to increase the height of the usable beach and to help protect the seawall. There are seven separate locations. See attached drawings. (Aerial photos of the City are available on the City's website: http: //www.city.newport- beach.ca.us/ Click on "e- maps" then "Interactive Map" then "I Agree. ") 2. Site locations are: a. Park Avenue and E. Bay Front: 204 cubic yards b. Onyx Avenue and S. Bay Front: 563 cubic yards c. Coral Avenue and S. Bay Front: 411 cubic yards d. Turquoise Avenue and S. Bay Front: 435 cubic yards e. Diamond Avenue and S. Bay Front: 422 cubic yards f. Grand Canal and N. Bay Front: 378 cubic yards g. Onyx Avenue and N. Bay Front: 367 cubic yards Seven sites are included in the bid package. Depending on the available funds the replenishment may be narrowed down after the bid award. Those refined sites may be determined at a later date. Beach access will most likely be via the nearest street ends. Depending on the type of tractor used and the height of the seawall (it varies along the island), it is usually possible to use wood blocks (provided by the contractor) to create a ramp to roll over the seawall. Where needed, the City will dump sand over the seawall on the beach to provide a ramp for the tractor. In cases where wooden 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644 -3034 FX: (949) 723 -0589 a Website: www.newport- beach.ca.us /HBR/ 2009 Balboa Island Sand Replenishment Project Page 2 blocks are not feasible, the City will dump sand at the nearest street end to create a mound for the tractor to roll over and onto the beach. It will be the contractor's responsibility to maneuver the equipment over the seawall. Utmost care must be taken so the seawall is not damaged. The Grand Canal location must be reached via barge since seawall crossing is not an option. Please include the barge transfer in the bid package. You may choose to use one of the following businesses or another qualified operator. Shellmaker, Inc. South Mooring Company 837 W. 17th Street P.O. Box 528 Costa Mesa, CA 92627 Balboa, CA 92661 (949) 548 -5359 (949) 645 -0334 4. For this project, experience has proved that a rubber track mounted skid steer loader is the most efficient tractor to use. In addition, a mini excavator may be necessary in the tighter areas between private piers. A mini excavator may also help build ramps on the beach to assist the tractors over the seawall at locations where the City's dump trucks have not dumped sand. The project must be coordinated to take advantage of the lowest tides that occur during the daylight hours of May and /or June. Work hours are from 7:00 AM — 6:00 PM Monday thru Friday and 8:00 AM — 5:00 PM Saturday. No work on Sundays. There may be an allowance with the hours of operation depending on the tide schedule. Tide books are enclosed with this packet. All of the areas are constrained by private piers. It may be possible to create a pathway under the piers for travel along the beach. However, special care must be taken neither to prevent any damage to these piers nor to undermine the supporting pile. Contractor is responsible for any damage to the surrounding private piers, pile and public seawall. If travel under the piers is not possible, access will be along the row of houses, via the boardwalk and over the bulkhead. However, access along the boardwalk is very narrow (approximately 8) making it difficult to maneuver over the seawall. 7. All of the areas are constrained by on -shore moorings. The on -shore mooring lines must be removed and the boats attached to the moorings must be pushed to the side. Lines must be returned to their original state the same day. The contractor and the City will work together with this task. 8. Contractor must stay within 15' of any eelarass, per the requirements of the California Coastal Commission and the Army Corps of Engineers. Absolute care must be given so that no eelarass is disturbed. The City will assist the contractor in identifying eelgrass. 9. The boardwalk around Balboa Island is heavily used by the public and must always be safe. This area must be free from debris, material and sand to the best of your ability. Also, boardwalk foot traffic needs to be controlled when the equipment is affecting the area, i.e. maneuvering over the seawall. Contractor must provide adequate personnel to assist with these tasks. 2009 Balboa Island Sand Replenishment Project Page 3 10. This is a high profile project with several hundred people walking and living near the site. Contractor must cant' themselves in a professional manner. You will be asked questions by the public and you will respond in a polite and courteous manner. However, City representatives will be on site most of the day to field these questions. 11. The City has applied for permits with the California Coastal Commission, the Army Corps of Engineers and the Regional Water Quality Control Board. Permits will be secured prior to the start date. The contractor shall adhere to the conditions of these permits which will be forwarded to you upon the City's receipt in the next month or so. 12. It is anticipated the project must be completed by Friday, June 19, 2009, assuming the aforementioned permits are secured and the tides are favorable. Project timeline must be coordinated with Harbor Resources in advance. 13. Equipment must be late model and in excellent working condition. It is imperative that no leaks shall occur on the jobsite. Contractor must immediately respond in the event a leak occurs, i.e. preventing leaks from pooling in the sand, repairing immediately etc... 14. Equipment must not be stored on the beach overnight. The City will restrict public street parking to accommodate Contractor's equipment and vehicles. Equipment may arrive one day prior to the start of the project and must be removed one day after the project is complete. Equipment delivery must also occur between the hours mentioned in #5 above. 15. It is estimated this project should take approximately 5 -6 working days. 16. Contractor must carry appropriate insurance as required by the City's contract. 17. Contractor must possess a valid California Contractor License. 18. A complete RFP was sent via regular mail. 19. Project Manager for the City of Newport Beach will be Shannon Levin, Harbor Resources Supervisor, (949) 644 -3041, shannon @city.newport- beach.ca.us or her designee. 20. City of Newport Beach, Harbor Resources Attn: Shannon Levin 829 Harbor Island Dr. Newport Beach, CA 92660 Fax (949) 723 -0589 Late submittals will automatically be rejected. Contractor shall sign the City's standard contract which includes a Faithful Performance Bond and a Labor and Materials Payment Bond. It is the City's experience that these bonds take some 2009 Balboa Island Sand Replenishment Project Page 4 time for the contractor to procure. Please Alan accordingly and expedite this process as soon as possible. Enclosed is a sample contract for your review. Bids will be evaluated upon a number of factors including: price, ability to complete the project within the specified time period, ability to complete the job in a timely manner, and experience in similar sand replenishment projects in space constrained areas. Please list past experience. A preliminary award will be given on Monday, April 6`h, 2009. Please feel free to call with any questions or clarification. Thank you, Q:Jj?a7 non ( l2=n Harbor Resources Supervisor (949) 644 -3041 shannon@city.newport-beach.ca.us EXHIBIT B D 04/0/2009 07:56 7145571212 NICK COUSYN GRADING C.ous�w Ctlrad%ttig Demo., (no. 714 557 -1566 or 714 557 -1212 Fax 714 820 -8940 Cell FAX COVER LZ TEP- Date: April 02, 2009 From'. Nick Cggsvn To: Cfir of Newport Beach Attention: Shannon Phone: W644-3034 Fax: 949 723-0589 Message: No. of pages sent: 5 (8wks nocovershe" Proposal for Balboa Island Beach Replenishment. • Includes Sand Replenishment Chart If you have any questions, please don't hesitate to call me. Thanks, Nick Cousyn 41z- 14w HAGt U1 OL (jVt 79W---i 04/02/2009 07:56 7145571212 NICK COUSYN GRADING PAGE 02 COUSYN GRADING AND DEMO., INC PROPOSAL AND CONTRACT To: ��f New1art Beach (hereinafter "Owner"} Cousyn Grading and Demo., Inc (hereinafter "Contractor") propose(s) to furnish all materials and perform all labor necessary to complete the following: Provide all equipment and labor for beach replenishment for areas 1 thru 7 per bid instructions from city of Newport Beach. Cousyn Grading will provide all blocks and ramps for beach access. City of Newport Beach will provide some assistance in moving boats, moorings and sand needed for beach access as needed. The total yardage to be moved will be 2780 yards. Cousyn Grading will provide all insurance per city of Newport Beach and a performance bond. All of the above work is to be completed in a substantial and workmanlike manner according to standard practices for the sum of $16M.00 Sixteen thousand four hundred dollars Progress payments shall be made as follows: *TO BE PAID WITHIN 30 DAYS AFTER COMPLETION OF WORK.* The remaining balance of the contract is to be paid within 30 days after completion. This proposal Is valid until 6_ _ 15-09, and if accepted on or before that date, work will commence approximately on and will be substantially completed approximately on — subject to delays as set forth below. If any payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made. A failure to make payment for a period in excess of _ 0 days from the due date shall be deemed a material breach of this contract. Contractor shall be excused for any delay in completion of the contract caused by ads of God, of owner, of owner's agent, or of owner's employees or independent contractors; inclement weather; labor trouble; acts of public utilities, public bodies, or inspectors (tut not related to possible defects in contractor's performance); changes requested by owner; failure of owner to make progress payments promptly; or other contingencies unforeseen by contractor and beyond its reasonable control. Owner's Signauve Date 04/Q212009 07:56 7145571212 NICK COUSYN GRADING PAGE 02 If owner, construction lender, or any public agency or inspector directs any modification or addition to the work covered by this contract, the cost shall be added to the contract price plus 20 percent for overhead and profit As the extra wait progresses, payments for extra work will be made concurrently with payments made under the payment schedule. Requests for extra work should be made in writing; but the contractor It entitled to be paid for extra work whether the requests are in writing or not. Expense incurred on account of unusual or unanticipated underground conditions (e.g., fill, rock, groundwater) shall be paid for by owner as extra work. If�becomes in i rbination ar rfo nce of it, co r tribarnal in r Z d expenses a and attorr�y� , to the pr or parries. Neither party rimy assign this contract, or written consent of the other party. or suit due under the cond'act, without INUMNPTY CLAUSE All work performed at site of constnrcti in pre materials or ipment to srte shai at the risk o e subs Su r s indemn' and hold ctor ha ' fro an mage cost, , ' cluding reaso le thome fees, awa fin to or arising o of the work, ' uding limitation, y su cost, se, a rd, fin ar judgm ng by on of de rso injury property, in workm ship or aIs, or design orig' subcontractor , arising reason of n 's alleged or omissl rdfess of th act or om on is a 've or p ve, not ted I de contra res to the sole n I' nce or 00 ctor, Its a or serva is or subcontractors re dh contractor. N Respectfully submitted, Signature: Z4 Nick C. Cousyn, Owner or delivering einjury Cousyn Grading & Demo., Inc 2034 N. Capella Court Costa Mesa, CA 92626 Phone: (714) 557 -1566 Fax: (714) 557 -1212 Contractors Ucense: 289755 2 Owner's Signature Date z".�. iT� 04/Q2/2009 07:55 7145571212 NICK COU5YN GRADING PAGE 04 You are hereby authorized to furnish all materials and labor required to complete the work mentioned in this Proposal, for which I/We agree to pay the contract price mentioned in this Proposal, and according to the berms hereof. i/We have read and agree to the provisions contained herein, and in any attachments hereto, which are made a part hereof and are described as: ort Beach Owner's Name Sheet .. x -fimvQjDeach— r state Zip 4 r BWness Phone ., Fax Owner's signature Date Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, CA g5t326 04/0.2/2009 07:56 7145571212 NICK COUSYN GRADING 2009 Balboa Island Sand Replenishment Contractor Name: ed6sW Cradpr 9 bemo.,, fine- - PAGE 05 Site Bid Park Avenue and East Bay Front ,Zj ZdO.©D Onyx Avenue and South Bay Front 2,ZdO.OD Coral Avenue and South Bay Front �,20Q, dl7 Turquoise Avenue and South Bay Front 21 200 00 Diamond Avenue and South Bay Front 21 2D0 Grand Canal and North Bay Front 3i �/iD.OD Onyx Avenue and North Bay Front CITY OF NEWPORT BEACH HARBOR RESOURCES DEPARTMENT INFORMAL CONTRACT BOND NO. 1341708148 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Goun ll ofthe City of Newport Death, State of Californk by motion adopted, has awarded to Cousyn Grading & Demo., Inc, hereinafter designated aS the `Pnhdpal," an Informal Contract for the Balboa Island Beach RepientshrnentProject In the Cry of Newport Basch, k? strict corrfarmily w1h the plans,. dawiigs, spedfrcations and other Contract Documents in the o16ce of the Public Works Department of the City of Newport Beach, 30 of wNch are Incorporated tin by thus refarence. WHEREAS, Principal has exeatled or Is about to a WAD an informal Contract and the terms thereof require the furnishing of a bond, providing thhat lf Principal or any of Principals subconbadws, shall fd 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 Of labor done thereon of any kind, the Surety on this torn! will pay the same to the eAent hereinafee' ad"*. NOW, THEREFORE, We the undersigned Prirrctral, and, Nationwide Mutual Insurance Company duly attab*d to transact business under the lax5 of the Stats of California, as Surety, (referred to herein as "Surety'] are held fmn%y bound unto the Ctiy of Newport Beach, In the sum of 516,400.00 tawfd money of the Untied States of America, said sum being equal to 100% of the estimated amount payable by the City of Nmvpart Beach under the berms of the Contract for which payment well and fltdy to be mane, via bind ourselves, our heirs, executors and adminiatrators, Womssors, or assigns, Jot dy sndseverally. firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that Fthe Prinelpal orthe PdndpA subcontradors, fall to pay for any matedais, proAsions, or other supplies, Implemerk or rnad*xny used in, upon, for, or about the performance of the work contracted to be done. Cr for any other work or tabor thereon of any kind, or for amounts due under the Oemptoymant tr1SUnV oe COO with respect to such work or labor, or for any amounts rew*ed to be deduclad, W01hheld and paid over to the Employment Development Department from the wages of empWyees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Coda with respect to such work and labor, then the Surety will pay for the same, In an amount rot Wroeefto the sum speritied In this Bond, and also. Incase suit Is brought to ethforca the ob6geliama of this bond, a reasonable eltorneya; fee, to be foaed by the Court as required by the provisions of SBC,Gon 3250 of ftto t twl Oode of ft Staff of Calibmia. . •1e • ,T 'EV1 r The Bond shag inure to the benefit of any and all persons, companies, and corporations entitled to Me dW= under Section $181 of the California CH Code so as to give a right of action . to Own or VWr assigns in any soft brought upon fft Band, as required by and in accordanoewlih the provisions of Sections 3247 et seq. of the CM Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no diar>Be, extemion of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any vAse affect its olAgatibm on ft Bond, and it does hereby waive notice of any such ehanDe, extension of time, atteratiorrs or ecttlHions to the terms of the Contract or to the vwrk or to the sped8cadons. In the event that any principal above named executed this Sond as an irrdhfdual, It is egrced that ft death of any such principal shall not exonerate the Surely from its obligations under this Bond. IN WITNESS WNWiEAF, this instrument has been duly executed by the above named Primapal and Surely, on the 7 day of May _, 2008. Nick Cousyn DBA Cousyn Grading & Demo, I Nam ofContractor Nationwide Mutual Insurance Company Name of Surety P.O. Box 1820, La Mesa, CA 91944 Addrew of Surely 619 -464 -2722 Telephone Mike Bozzuto / Attorney_ in fact _ Print Nam sW TWO S V i California All- Purpose Acknowledgment State of California County of Orange On VhtA q . 1AQQq before me, Coralee Prettyman Notary Public, personally who provided to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity (ies), and that by his/her /their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s). acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1_ i� � :rte ,SS1 P I188#00,,,' 1,426 Ar- saw V �o� 4kGE GOV"- 0;` V EXPIRES ��� ff /1111111 My Commission expires on: August 13.2010 ,'�8' H GE 0 g Pip,, LJ388829 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 called 'Company', does hereby make, constitute and appoint STEVEN A. BOZZUTO A. MICHAEL BOZZUTO ORANGEVALE CA each in their individual capacity, its true and lawful Attorney -In -Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding the sum of ONE MILLION FIVE HUNDRED THOUSAND AND NO /100 DOLLARS S 1.500,000-00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. 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. 'RESOLVED, that the President, or any Senior Vice President, Resident Vice President or Second Vice President by, and the same hereby is, authorized and empowered to appoint Attorneys -In -Fact of the Company and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory m 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 duly authorized agents to sign and countersign any of said documents on behalf of the Company.• 'RESOLVED FURTHER, that such Attorneys -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 VIII Section 10. Execution of instruments . Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power an authority to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation or the business of the company in addition to the Chairman and Chief lxewtive 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 this instrument to be sealed and duly attested by the signature of its Vice President the 28th day of April, 1999. ACKNOWLEDGMENT = "''', By: STATE OF IOWA ': President COUNTY OF POLK SS On this 28th day of April, 1999, before we came the above named Vice 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 the 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 signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. daftcb a Notary Public My Commission expires March 24, 2008 CER77FICATF 1, John F. Delalo e, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the Resolution included herein 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 September, 1967, and the same has not been revoked or amended in any manner, that said Steren S. Rasmussen was on the date of the exemdon of the foregoing Power of Attorney the duly elected Vice President of �iationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and subscribed to the said Instrument by the authority of said Board of Directors. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company1tis day of A This Power of Attorney expires Bd 1 (04-0DJ 00 08 109/10 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT as�1<,,:�t!%U',�.v!�;s:%�•. :.�> �>.= av .�u.�T>:+nv�S.At..7vc�v:�f,.q, •..cat ». ?..O�:i?...n, .s,..a?...s .n .c� a.. ,.ve s. »,.oa ,.oaun T>�A.,,c�<„O�I,h.G1S?s.�v',.3 State of California l County of Neer- On t"' :Q before me, ( 1�1/A _ D • Prz�! 1�eX C 'a , •n _ a ft offlow personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Bwsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in hishherflhelr authorized capacity(ies), and that by his/b®r/iheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. URA D. PAMM I certify under PENALTY OF PERJURY under the laws Ccmmftoon s 1717$01 of the State of California that the foregoing paragraph is NoO" [ true and correct. 11ocW County 21.7011 WITNESS my hand And official seal. Signature r PmmN"saw creme synen.aa rwerc OPTIONAL Though the Informatton below k not required by raw, it may prove valuable to persons retying on the downwit and could prevent fraudulent removal and reatladrment of this form to another document. Description of Attached Document Title or Type of Document: _La 2o r &b( Ma %P-r(q JS 71E�orxj Document Date: _ -�-0q Number of Pages: t rnrj, • mil m"L+ J Signer(s) Other Than Named Above: CapacityQes) Claimed by Signer(s) Signer's Name: Signer's Name: • Individual ❑ Individual • Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): • Partner —❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General • Attorney In Fact Top t �� ❑ Attorney in Fact here • Tice ❑ Trustee ibp of thumb ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: ___ Signer Is Representing: Signer Is Representing: CITY OF NEWPORT BEACH HARBOR RESOURCES DEPARTMENT INFORMAL CONTRACT BOND NO, Bd706146 FAITHFUL PERFORMANCE BOND The premium ch es on this Bond are $ 41 0.00 being at the rate of $ 25.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Calafomiaa, by motion adopted, awarded to Cousyn Grading & Dema, Inc. hemina ter designated as the "Pdncipaf , an Informal Contract for the Balboa Island Beach Replenishment Project In the Ckn of Newport Beach, -in strict conformity with the plans, drawings, spedficdona, and other Contract Docu memts maimed in the Public Wodts Department of the City of Newport Beach, an of which are incorporated therein by this reference. WHEREAS. Principal has examled or is about to execute an Informal Contract and the terms thereof require the furnishing of a Bond for the faitmful parilarmarm of the Contract; NOW, THEIREFORE, we, the Pdncdpal, and Nationwide Mutual Insurance Company duly authorized to transmt lwsiness under the laws of the State of Caftomla as Surety (hershudler'Surgbi)...are field and fumy bound undo the Cky of Newport Beach, in the sum of $16,400.00 lawful money of the Untied States of America, said arm being equal to 100% of the esfimated amount of the Contract, to be paid-to the City of Newport Beach. his successors, and assigns; for which payment wets and V* to be made, we bind ourselves, our heirs, wwutors and Wrrmtlstrators, successors, or assigns, ** and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Primipafs hets, amoulcm. administrates, successors, or assigns, fell to abide by. and wet and tidy keep and perform.arry or all the work, oewenarls, cmditans, and agreements In the Cor>IveCt Domments and any aiterfiton thereof made as therein provided on Its part, to be kept mid performed at ire time mid In the mannerthemlh specified, and in ad respells accordrrg to is true intent and memh Q or falls to hnderffi ft defend, and save ham-aess the City of Newport Beach, Its otiioam employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not eveeckng the step speed In this Bond; otherwise this obligation shall became nit and void. ws {� As a part of the obligation secured hereby, and In addition to the face amount specified in this Performance Bond, there shelf be included costs and reasonable expenses and fees, Includhg reasonable attorneys fees, incurred by the City, ordy in the event the City Is required to bring an action in law or equity against Surety to onfonmethe obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or addhions to the terms of the Contract or is time work to be Performed thereunder w to the specificauone acoomparying the same shell in any way effed its obligations on this Bond, and it does hereby waive notes of any such change, exfensoon of time. alterations or additions of The Contract or to the work or to the specifications. This FafOhfihl Performance Bond shag be extended and refit mW by time Principal in full force and effect for one (1) year fotlovdrg the date of formal acceptance of the Project by the City. In the event that the Principaf executed this bond as an individual, it 19 agreed that the death of arty such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Prir>ctpai and Surety above named, on the 7 day of May 2008. Nick Cousyn DBA Cousyn Grading 8, Demo, Inc. Name of Contractor Nationwide Mutual Insurance Company Name of Stay P.O. Box 1820, La Mesa, CA 91944 Address of Surety 619464 -2722 Telephone Mike Bozzuto I Attorney in fact Print Name and T"rtle NOTAITYACKNOYN FIGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHM r ' y !"I w, n California All- Purpose Acknowledgment State of California County of Orange On Mw A %�00q before me, Coralee Prettyman, Notary Public, personally appeared_ 1 —C:� Cov<z n who provided to me on the basis of satisfactory evt ence to be the person (s) whose name (s) istare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity (ies), and that by his/her /their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the paragraph is true and correct. WITNESS my hand and official seal. Signature of Not the State of California the foregoing o� H� My Commission expires on: August 13, 2010 to O`p i w. t� y JOB A*i adioN EYt��"i, F1 3888Z8 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 called "Company ", does hereby make, constitute and appoint STEVEN A- BOZZUTO A. MICHAEL BOZZU9'O ORANOEVALE CA each in their individual capacity, its true and lawful Attorney -In -Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding the sum of ONE MILLION FIVE HUNDRED THOUSAND AND NO /100 DOLLARS Y 130000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. 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. 'RESOLVED, that the President, or any Senior Vice President, Resident Vice President or Second Vice President by, and the same hereby is, authorized and empowered to appoint Attorneys -In -Fact of the Company and to authorized them to execute any and aB bonds, undertakings, recognizances, contracts of indemnity, policies, 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 duly authorized agents to sign and countersign any of said documents on behalf of the Company.' 'RESOLVED FURTHER, that such Attorneys -In -Fad shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the toms 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 seated by facsitnile under and by the following By -Laws duly adopted by the Board of Directors of the Company. ARTICLE VIII Section 10. Execution of instruments . Any Vice President and any Assistant Secretary or Assistant Treasurer shag 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 this instrument to be sealed and duly attested by the signature of its Vice President the 28th day of April, 1999. ACKNOWLEDGMENT By: STATE OF IOWA President COUNTY OF POLK SS On this 28th day of April, 1999, before me came the above named Vice 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 the 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 signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Notary Public My Commission expires March 24, 2008 1, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby cattily that the Resolution included herein 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 September, 1967, and the same has not been revoked or amended in any manner; that said Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice President of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and subscribed to the said instrument by the authority of said Board of Directors. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this day of Q6"�i�Q3 _ .26907 This Power of Attorney expires + zoo . Assistant Secretary Rd I (04-M 00 08109/10 i ,%W . CALIFORNIA ALL�PURPOSE ACKNOWLEDGMENT State of California County of 1" lace - - On rJ' -Oq before me, WW personally appeared M i KL `.OZZra tp Name(a) d $] who proved to me on the basis of satisfactory evidence to be the person(a) whose nam*) is/are subscribed to the Within instrument and acknowledged to me that hefsheAhey executed the same in his/hedibeir authorized capacity(ies), and that by his4+erdheir signatures} on the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. 08 U011 p jNf p ■ i certify under PENALTY OF PERJURY under the laws Oomnttfglon s f 717tp1 i of the State of California that the foregoing paragraph is PkWW true and correct. IMM2,1 Mal I, WITNESS my d offici sea Pbw Nna,y SadAao� Signature of OPTIONAL Though Me infarmaton below is not required by law, it may prove valuable to persons relying on th document and could prevent fraudulent removal and reattachment of this fomh to another document. Description of Attached Document Title or Type of Document: i i ifh V;Aj TMVC � 7-Drld Document Date: !-5 -2 -OCi Number of Pages: '1 fn d • 17ah ,)0Q h7 4 J Signer(s) Other Than Named Above: ` �- Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Trtte(s): ❑ Corporate Officer — Title(s): • Partner —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General • Attorney in Fact ❑ Attorney in Fact ❑ Tnistee Top of thumb two ❑ Trustee Top at Baunb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: D other. Signer Is Representing: Signer Is Representing: 02DD7NMW WNoWyAmodaf t-9 35DDOSOWh ie ;PAB=2402- 00MoT.CA91SIMM -ww&NdmWNOtWy.atg MM#W07 nwr0er.0dTaFnaet4()oe7e4=7