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HomeMy WebLinkAboutC-4392 - Informal Contract for China Cove Sand ReplenishmentCITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT THIS AGREEMENT, entered into this !� day of DW. _, 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and COUSYN GRADING AND DEMO., INC., hereinafter "Contractor,° is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: China Cove Sand Replenishment 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 Contractor's 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: Notice Inviting Bids, Instructions to Bidders, Proposal, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings as provided for by the California Coastal Commission, the Army Corps of Engineers and/or the Regional Water Quality Control Board and this Agreement, 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, expendable equipment and all utility and transportation services required for the Project: 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 $8,500 (Eight Thousand Five Hundred Dollars). 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. 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. E. 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 Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Attention: Shannon Levin (949) 644 -3041 (949) 723 -0589 Fax CONTRACTOR Cousyn Grading and Demo., Inc 2034 N. Capella Court Costa Mesa, Ca 92626 Attn: Nick Cousyn (714)557 -1566 (714)557 -1212 Fax F. 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 Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original 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 at all times during the term of this contract. 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 shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. 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. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code 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, Section 3700 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. b. General Liability Coveraae. 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 Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. iii. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b. 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to 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. 8. Right to Stop Work for Non - Compliance City shall have the right to direct 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. G. 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 Work, 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 work 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY � r-,- A David R. Hunt City Attorney ATTEST: : B ` L . ' Ire By: Leilani I. Brown City Clerk �'c ' F. O P.""`�' CITY OF NEWPORT BEACH A Municipal Corporation By: o�v r Chris Miller Harbor Resources Manager CONTRACTOR:lbo- By: ,� , ��,--L— (Corporate Offi er) Title: Name: l\J1 Lk- By: C d' ' � Le -- fFinanei-al-Officer)— s Title: ,,e c- /7 ke Print Name: C U -&A syr 09/23/2009 21:44 7145571212 NICK COUS,`N GRADING PAGE 01 CITY OF NEWPORT BEACH DIVISION INFORMAL CONTRACT BOND NO. BD 711488 FA,MFUL PERFORMANCE BOND The premium charges on this Bond is $ 213.00 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 California, by motion adopted, awarded to Cousyn Grading and Demo„ ino., hereinafter designated as the 'Principal ", a.cordmct for China Cove Sand Replenishment Project in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Harbor Resources Divialon of the qty of Newport Beach, all of which are Incorporated'herefn by this reference. WHEREAS, Principal has executed or is about to execute Informal Contract and the terms thereof require the furnishing of a Bond far the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Nationwide Mutual Insurance Company duty authorized to transact business under the laws of the State of Califorrtfa as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of $8,500 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 My of Newport Beach, its successors, and assigns; for which payment wail and truly to be made, we band ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CodDrfm OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principals heirs, executors, admNstrators, 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 Corntraci 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 truce 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 shah become null and void. 05%23!2009 21:44 7145571212 NICK COUSYN GRADING PAGE 02 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 to law or egr(ty against Surety to enforce the obligations of INS Bond. Surety, for value received, stipulates and agrees that no change; extension of time, alterations or addillons to the terms of the Contract or to the work to be performed thereunder or to the spedfiaations aocampanying the same 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 Contract or to the work or to the specdTicatlons. This Faithful Performance Bond shall be extended and maintained .by the Principal in full force and effectfor one (1 ) year IdWiving the date of formal acceptance of the Project by the City. . In the event that the Principal executed this bond as on individual, tt is agreed that the death of any such Principal shag not exonerate the Suretyfrom its obligations under Geis Bond. IN WITNESS WHEREOF, this instr mderit has been duty executed by the Prinni*and Surety above named, on the 22nd day of September 2()09. Nick Cousyn D13A Cousyn Grading & Demo, Inc. Name of Contractor Nationwide Mutual Insurance Company Name of Surety P.O. Box 1820, La Mesa, CA 91944 Steven Bozzuto 1 Attorney in fact Address of Surety Print Name and T1tle 6194642722 Telephone NOTARY ACXNOMEDGMENTS OF CONTRACTORAND SURETY MUST BE ATTACHED 09/23/2009 21:44 7145571212 NICK COUSYN GRADING PAGE 03 KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized underthe lawsof the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called ACompany`-, does hereby make, constitute and appoint Steven A. Bozutto, Omngevale, CA each in their individual capacity, its true and lawful Attomey -In -Fact with full power and authority to sign, seat, and execute on its behalf any and all bonds and undertakings and other obligator/ instruments of similar nature in penalties not exceeding the sum of One Hunored Thousand and noff00 ($100,000.00) dollars and to bind the Companythereby, as fully and to the same extent as if such instruments were signed byy the duly authorized officers of the Company, and all acts of said Attorney pursuant to the authority given are hereby ratified and con fumed. 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- Factofthe Company and to authorize 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 obligahl in nature which the business of the Company may r Lire; and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby shall in noway limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company. ARESOLVED FURTHER, that such Attorneys -In -Fact shall have full power and authority to execute and defrrerany 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 duty adopted by the Board of Directors of the Company ARTICLE VIII Section10. Executionof Instruments. Any Vice President and any Assistant Secretary or Assistant TreasLrerahall have the power an aut onty 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 President the 25th day of March, 2002. ACKNOWLEDGMENT �� , STATE OF Iowa �'•• B COUNTY OF Polk SS - csc 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 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. ,rrt ..Bg7�Wp.GVFEna�.. ■�P' rkuns�a'Nuilrc fhia'es uyw�vo.�:ear�.. Notalic My Commission Expires March 24, 2011 CERTIFICATE (, JohnF. Delaloyya, Assistant Secretary ofNatlonwtde Mutual InsuranceCompany do hereby cerlgythattheforegaingisafull, true and correct copy of the original Power of Attorney issued by said Company, that the kesolution included therein is a true and oonect transcriptfrom the minutes of the meeting of the Board of Directors duly called and held on theSthdayof 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 President of Nationwide Mutual Insurance Company and the corporate seal and his signature as President were duty 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, 1 have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 2 ay of , C F}e VVI 1qe V, 219 oq _ r � This Power of Attorney Expires •uae°b Assistant Secretary Bd 1(04.00) 12 -31 -2010 _05/23/2005 21:44 7145571212 NICK COUSYN GRADING CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of P(n_r Pj J} On Oq -22 before me, L;_-_0' I?. Q f� �OLa Here Insert Nerve and T91e d Ma 0 .l personally appeared 9+eNe –VoZZ-t. A22 lLi�/i �lC� �ntl�kp Namets} gf aigner(s) USA D. /ARIfiR C_ AmmltNon _* 1717 01 "VowifPub0c- commmo macer County t Ptace Notary Sall WWV Sltlnyl Abne PAGE who proved 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 fte}sl°te/fhey executed the same in h6%ffftheir authorized capaofty(ies), and that by his/iter/their signature(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 that the foregoing paragraph is true and correct. WITNESS my, han d offi� ea] Signature: SfgraluraMNehry PWiFc OPTIONAL Though the intotmadon below is not required by law, if may prove valuable to persons retying on the Document and cmdd prevent fmudutent removal and raaftechmeal of this tom+ to arrof w document. Description of Attached Document Title or Type of Document: rA'I+k +ts l Pro Ftrtr�Y+rp_ t� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signers Name: • Corporate Officer— Title(s): • Individual ❑ Partner —O Limited ❑ General Top of thumb here • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: • Corporate Officer — Title(s): • Individual • Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: As .dm-9350 be Wo AV .P.C. BOX 2402,CM1etawoM. rA 919132Q2,w .NstlatelNatwv.ug dery 15997 04 CITY OF NEWPORT BEACH HARBOR RESOURCES August 7, 2009 To: Grading Contractor RE: Request for Proposal (RFP) 2009 China Cove Sand Replenishment Project Project Summary The City of Newport Beach is requesting competitive bids for a dredging project at China Cove beach. Sand will be moved from the low tide line at the larger beach at Dahlia Avenue to the smaller beach at Fernleaf Avenue and Cove Street to create a higher level of sand. Proiect Details The scope of the project is to push sand from the low tide line up to the bulkhead in order to increase the height of the usable beach. (Aerial photos of the City are available on the City's website: http: / /www.newportbeachoa.gov/ Click on "MAPS" then "Interactive Map" then "I Agree. ") 2. Site location is China Cove beach between Dahlia Avenue and Cove Street. 3. Approximately 996cy of sand will be removed from the larger beach area and replenished at the eastern beach along Femleaf Avenue and Cove Street (see attached map). 4. The beach will be accessible at Cove Street. The disposal site will be accessible by traversing across the China Cove beach at low tide to avoid a storm drain. Utmost care must be taken so the storm drain is not damaged. 5. An excavator and wheel loaders are the most efficient tractors to use. 6. The project must be coordinated to take advantage of the low tides that occur during the daylight hours. 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. 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644 -3034 FX: (949) 723 -0589 • Website: www.newportbeachca.gov 2009 China Cove Sand Replenishment Project Page 2 Contractor must stay at least 15' away from 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. This is a high profile project with people living near the site. Contractor must conduct business in a professional manner. The contractor 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. 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. 10. Project timeline must be coordinated with the Harbor Resources Department in advance. 11. 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. 12. 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. 13. It is estimated this project will take approximately 5-6 working days. 14. Contractor must carry appropriate insurance as required by the City's contract. 15. Contractor must possess a valid California Contractor License. 16. A complete RFP was sent via regular mail. 17. Project Manager for the City of Newport Beach will be Shannon Levin, Harbor Resources Supervisor, (949) 644 -3041, shannon@newportbeachca.gov, or her designee. 18. All oroaosals shall be submitted (mail, fax or hand delivered) by Wednesday August 19th, 2009, 2:00 PM to: City of Newport Beach, Harbor Resources Attn: Shannon Levin 829 Harbor Island Dr. Newport Beach, CA 92660 Fax (949) 723-0589 2009 China Cove Sand Replenishment Project Page 3 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 time for the contractor to procure. Please plan 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 Thursday August 20th, 2009. Please feel free to call with any questions or clarification. Thank you, 03kilwnan (2=n Harbor Resources Supervisor (949) 644 -3041 shannon@newportbeachca.gov Attachments: Aria[ images of project site China Cove Dredging Application, 2009 7 6"000" '00� t D re ge j Site isposal te.5it , _i;, IB it China Cove Dredging Application, 2009 Dredge Site 996 yd' Ja -A 4r o100 x 21X3 = 233 cy ha F o100 x 20 x 4 = 296 cy 1% 0 IPA 0100 x 21 x 6 = 467 cy 1� Je all 03/11/2009 13:34 7145571212 NICK COUSYN GRADING PAGE 03 COUSYN GRADING AND DEMO., INC. PROPOSAL AND CONTRACT Date: August 11, 2009 PROPOSAL To:_ City of Newport Beach harbor Resources (hereinafter "Owner") Job Location: 2009 China Cove. Newport Beach, CA Phone: 949 644 -3034 Cousyn Grading and Demo, Inc (hereinafter "Contracton propose(s) to furnish all materials and perform all labor necessary to complete the following: Dredge and excavate approximately 996 yards of sand at low tide from Larger reach at Dahlia Avenue. Use 950 loader to move 996 yards of sand to smaller beach at Femleaf Avenue and Cove Street to create a higher sand level. Provide all equipment and labor as needed. Provide all insurance and performance bond as required by the city of Newport Beach. Job will be done in one move in. Thls proposal does not indude: Permits Excavation of sand in excess of 996 yards. All of the above work is to be completed in a substantial and workmanlike manner according to standard practices for the sum of $8500.00 Eight thousand five hundred dollars. Progress payments shall be made as follows: "TO BE The remaining This proposal is validAntil Corn ence app ro at* on _ subj to delays as If payment is not such time all payments du excess 45 ays from the d God, of owner, of weather; labor tro possible defects in make progress pa its reasonable cod( WI7111IN 30 DAYS AFTER COMPLETION. WFIV date r cused for any ent, or of owr of public utili or :,,,r* to be paid in accepted on or ll be substantial 1'w. due, Contra r may made. A ilure to 'tee dee a material completion of oyees or indei after com lion. date, 'M wili ro dma yon on the jicb until It for a period irk s contract. caused by #its of nspectors (b� not ated to by owner; fallu owner to een by contra and beyond 08/11/2009 13:34 7145571212 NICK COUSYN GRADING PAGE 01 AN E You are hereby authorized to fur sh all mat 'als and labor require to complete work mentioned In this Proposal, for ich I/We ag to pay the contr price mentioned i this Proposal, and according to terms hereof. have read d agree to the provi !this contained herein, and in a attachments hereto, ch are ade a part hereof and described as: Owners Name 8 r ISfa d Drive et Address Owners s" R ure Date rt ci1 9 City state Zi949 ntractors are req by la be licensed and Bu Hess Phone gulated by the ntractors State License Board. 94. l23- 58 y questions nceming a carrtractor may be red to the egistrar, Contractors State License a Post ce Box 26000, Sacramento, CA Sob Location: 2009 China ve 826 , %L 06/11/2009 13:34 7145571212 NICK CCUSYN 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 work 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 is 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 either rty becom d in rbitrati gation a " g of this c tra or the pe rm co o 't, the co o Ibunal i arb' tion or Ill. or In a se suit shall a reasona and s f '6ation a on, in in ert Wise, ess rtd a ey fe the prey ' " or ties. Neither party may assign this contract, or payments due under the contract, without written consent of the other party. k!iL sA All of the work performed at site of construction or in paring or delivering materials uipment to the site t the risk of the bcontractor exclusively. Subcontra sha ' demnify and old contra harmless m any claim, liability, loss, damage, expense, " reasonable atborn award, fine or judgment wi or arising out of including without ' , any such claims, liability, , da e, cost, expense ward, fine gment ing by rea of death or bodily ' ry to pers ns, ' ry to , defects in wo ip or materials, or d defects a design originated wi ntractor), or arising b contractor's alleged negligent act or omissio gar f whether suc or omission ive or passive u factor shall not oti' ted to indemnity with respect to the sole n en r willful m duct of -` ctor, its agents or se other subcontractors wh directly responsible to Respectfully submitted, Signature: Nick C. Cousyn, Owner Job Location: 20()9 China cove Cousyn Grading and Demo., Inc. NMWA= Beach CA 2034 N. Capella Court Costa Mesa, CA 92626 Phone -(714) 557 -1566 Fax: (714) 557 -1212 Contractors License: 289755 Owner's Signature Date 2