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HomeMy WebLinkAboutC-4558 - Contract for Balboa Island Maintenance Dredging and Beach Nourishment ProjectCONTRACT WITH TIGHT QUARTERS, INC. FOR BALBOA ISLAND MAINTENANCE DREDGING AND BEACH NOURISHMENT PROJECT tdl THIS CONTRACT is made and entered into as of this III day , of 2010 b and Y between the CITY OF NEWPORT BEACH, a California Municipal Corporate and Charter City ( "City "), and TIGHT QUARTERS, INC., a California corporation, ( "Contractor ") whose principal place of business is 2031 St. Anne St., Santa Ana, California 92704 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 to conduct maintenance dredging and beach nourishment on Balboa Island. C. City desires to engage Contractor to conduct maintenance dredging and beach nourishment on Balboa Island ( "Project "). D. City has solicited and received a proposal from Contractor and desires to retain Contractor to render Services under the terms and conditions set forth in this Contract. E. 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 Contract over a period of seven (7) consecutive days. NOW, THEREFORE, City and Contractor agree as follows: SCOPE OF WORK City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. As such, Contractor shall perform all the Work as described in the Request for Proposals ( "RFP "), California Coastal Commission Permit conditions and Department of the Army Permit conditions, all attached hereto as Exhibit "A" and incorporated herein by this reference (the "Work" or "Services "). As a material inducement to the City entering into this Contract, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Contract, 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, equipment and all utility and transportation services necessary for the Project. 2. TIME OF PERFORMANCE/ TERM Time is of the essence in the performance of Services under this Contract and Contractor shall complete the Work by June 30, 2010. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, in accordance with the provisions of this Section and the Proposal, attached hereto as Exhibit "B" and incorporated herein by reference, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirteen Thousand Seven Hundred and No /100 ($13,700.00). Contractor shall not receive any additional compensation unless approved in advance by the City's Project Administrator (as defined below in Section 4)in writing. The City shall make full payment to Contractor no later than thirty (30) days after acceptance of Work by City. 4. ADMINISTRATION This Contract will be administered by the Harbor Resources Division. Harbor Resources Supervisor, Shannon Miller shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or 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 and equipment as described in Exhibits A and B in performing Services under this Contract. Any deviation from the materials or equipment described in Exhibit "A" and "B" shall not be utilized unless approved in advance by the Project Administrator. 5.2 Contractor shall comply with the terms and conditions of Department of the Army issued Regional General Permit (RGP) No. 54, California Coastal Development Permit 5 -06 -117, California Coast Commission Consistency Certification CC- 031-06, and all appropriate, standard Best Management Practices. 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 Highest 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 subcontractors, or its workers, or anyone employed by either of them. 2 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. 6.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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 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. 8. 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. 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 described below and in a form satisfactory to City. 9.1 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. 9.2 Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and $2,000,000 Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C, Automobile Liability. 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 accident. 4 d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 9.3 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. 9.4 Other Insurance Provisions Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. 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. 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 shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. 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. 5 iii. 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. 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. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for thirty (30) days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self - insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 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 Contract. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a 59 given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of the coverages. 9.5 Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop Work under this Contract and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this Section. 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 Contract and in the form attached hereto as Exhibit "C" 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 Contract in the form attached hereto as Exhibit "D" 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 Best's Key Rating Guide: Property - Casualty, The Contractor shall deliver, concurrently with execution of this Contract, 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, 7 which authorizes the Insurer or Surety to transact surety insurance in the State of California. 11. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, 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 Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. 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 him/her 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 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. 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 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. 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 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. 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: Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 Phone: (949) 644 -3041 Fax: (949) 644 -0589 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Telford Cottam 2031 St. Anne Street Santa Ana, CA 92704 Phone: (714) 557 -7901 Fax: (714) 241 -3820 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 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. 17. COMPLIANCE WITH ALL LAWS 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. 18. WAIVER M 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. 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 INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Contract and the Exhibits attached hereto, the terms of this Contract shall govern. 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 to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 24. INTERPRETATION The terms of this Contract 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 Contract or any other rule of construction which might otherwise apply. 10 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 CE OF E CITY ATTORNEY L nie Mulvihill, Acting City Attorney ATTEST: Leilani 1. Brown City Clerk ©Ir-®RVi CITY OF NEWPORT BEACH, A California Municipal Corporation DLJ Kiff, City Manager CONTRACTOR: TIGHT QUARTERS, INC., A California Corporation By: -- orporate Officer) Title: Ae t_ s-. Print Name:---,/ l9- By: (Financial Officer Title: se -C 117%65 Print Name:��wiCQ Attachments: Exhibit A — Request for Proposals, California Coastal Commission Permit conditions and Department of the Army Permit conditions Exhibit B -- Proposal Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond 11 EXHIBIT A Request for Proposals, California Coastal Commission Permit conditions and Department of the Army Permit conditions CITY OF NEWPORT BEACH CITY MANAGER'S OFFICE Harbor Resources Division April 1, 2010 To: Grading Contractor RE: Request for Proposal (RFP) 2010 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. Project 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 six separate locations. See attached drawings. (Aerial photos of the City are available on the City's website: http: /NJww.newportbeachca.gov Click on "ONLINE SERVICES" then "GIS MAPPING" then "INTERACTIVE MAPS.") Site Locations are a. Turquoise Beach @ South Bay Front 428cy b. Diamond Beach @ South Bay Front 381 cy c. Coral Beach @ South Bay Front 171 cy d. Onyx Beach @ South Bay Front 299cy e. South Bay Front @ Grand Canal on Balboa Island 230cy f. Park Ave Beach @ East Bay Front 283cy Six sites are included in the bid package (Attached). Depending on the available funds the replenishment may be narrowed down after the bid award. Those revised sites may be determined at a later date. 3. 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. 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. 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644 -3034 FX: (949) 723 -0589 a www.newportbeachca.gov 4. City is unable to provide sand deliveries for ramps. Sand is available, map attached, and must be loaded into dump truck by contractor. Contractor will supply loader and dump truck. Contractor should arrange for truck equipment to deliver sand to selected sites prior to commencement of each site. Contractor will coordinate with City staff to access sand stockpile yard. 5. 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 dump trucks have not dumped sand. 6. City staff will remove benches at street ends. 7. The project must be coordinated to take advantage of the lowest tides that occur during the daylight. 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. Tentatively the project is scheduled for the week of May 17th. 8. 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. 9. 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. 10. Contractor must stay at least 15' from 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. 11. 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. Contractors personnel will assist City staff with mooring lines and day to day tasks such as sweeping and site observation. Contractor must provide adequate personnel to assist with these tasks. 12. This is a high profile project with several hundred people walking and living near the site. Contractor must carry 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. 13. 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. 14. Project timeline must be coordinated with Harbor Resources in advance. 15. 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... 16. 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. 17. It is estimated this project should take approximately 5 -6 working days. 18. Contractor must carry appropriate insurance as required by the City's contract. Sample contract attached (Attached). 19. Contractor must possess a valid California Contractor License. 20. A complete RFP was sent via regular mail. 21. Project Manager for the City of Newport Beach is Shannon Levin, Harbor Resources Supervisor, (949)644 -3041, Shannon @nwportbeachca.gov or her designee. 22. All proposals shall be submitted (mail, email, fax or hand delivered) by Friday April 9, 12:00 PM to: City of Newport Beach, Harbor Resources Attn: Shannon Levin 829 Harbor Island Dr. Newport Beach, CA 92660 Fax (949) 723 -0589 shannon@newportbeachca.gov 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. -Eflelesed -is- asarpple.00ntraWer-yes euiew- 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 Friday April 9, 2010. Please feel free to contact me for comments or clarification. Shannon Levin shannon@newportbeachca. gov 949 -644 -3041 STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY ARNOLD $CHWARZENEGGER. Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach. CA 90802-4302 April 26, 2010 (562) 590 -5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance - Coastal Development Permit 5-06 -117 & Conformance with Consistency Certification CC- 031 -06 - DREDGING Dear Mr. Miller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5 -06 -117, and/or as evidence of conformance with Consistency Certifications CC -031 -06 for the following sites in the City of Newport Beach: Applicant Site Address Beach Ocean Cumulative Eelgrass Comments Disposal Disposal Totse for Present Eelgrass Survey Qty Qtyl 2010 between l5- DatelExpira8on -; (a.yds) (cu.yds) 30 Feet of Caulerpa Survey disposal Date/Expirationtt footprint?' City of Newport Beach Balboa Island: South Bay Front @ Turquoise 421 0 YES - Eelgrass survey Ave. PRE/POST 3/9!2010 (expires SURVEYS 7f7/2010 ; Caulerpa REQUIRED survey 311!2010 (expires 513012010 City of Newport Beach Balboa Island: South Bay Front @ Diamond 381 0 YES- Eelgrass survey Avenue PRE/POST 319/2010 (expires SURVEYS 7/7M10; Caulerpa REQUIRED survey 3112010 e ire's 5f302010 City of Newport Beach Balboa Island: South Bay From @Coral 171 0 YES - Eelgrass survey Avenue PREIPOST V912010(e)pres SURVEYS 7172010; Caulerpa REQUIRED survey 3112010 (expires 5/30/2010 City of Newport Beach Balboa Island: South Bay Front Onyx 299 0 YES- Eelgrass survey Avenue PRE/POST 3192010 (expires SURVEYS 7172010; Caulerpa REQUIRED survey 3112010 (expires 5/302010 Cay oT Newport Beach Balboa Island: South Bay Front @ Grand .230 0 YES- Eelgrass survey Canal PREIPOST 3192010 (expires SURVEYS 7/72010; Caulerpa REQUIRED survey 3112010 its 5/302010 Not to Exceed 1,000 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off- -shore disposal event = Not to Exceed 20,000 cubic yards per year § If "Yes" then if eelgrass is present between 15 -30 feet from the proposed dredge material disposal footprint (in any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. - All eelgrass survey /mapping efforts must be completed during the active growth phase for the vegetation (typically March through October) and shall be valid for a period of 120 days with the exception of surveys completed in August - October. A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). tt Caulerpa taxifolia surveys are valid for 90 days from date of survey Condition Compliance - 5 -06 -117 Consistency Certification Compliance– CC -031 -06 Page 2 of 2 - -- — Balboa Island: East Bay Front @Park 283 0 No Eelgrass survey Avenue 3/912010 (expires 702010; Caulerpa survey 3112010 I Year -to -date total 1 2126 1 0 1 2126 1 1 I Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -031-06 and the Special Conditions of Coastal Development Permit 5 -06 -117. Please note that the eelgrass and Caulerpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial survey. in addition, please note that this authorization shall expire on October 23, 2011 and that all authorized work must be completed prior to that date. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC- 031 -06 and/or conform with th6 terms and conditions of Coastal Development Permit 5-06 -117. Any change in the projects may cause them to lose their status as consistent with CC- 031 -06 and/or CDP 5 -06 -117. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC -031 -06 and/or CDP 5 -06 -117, is obtained. If you have any questions, please contact me at (562) 590 -5071 or Mr. Mark Delaplaine at (415) 904 -5200. Sincerely, .I Kart Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers 2010 Balboa Island Beach Replenishment Project 2 �r IV 'T'av}L ►M,"t CN B Sand Stockpile Seashore Drive and Summit Street srnres at r -n DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 5, 2010 REPLY TO A9TEhMOX OF: Office of the Chief Regulatory Division Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Levin: This is in reply to your application (File No. SPL-2010-00317-RJV) dated March 11, 2010, for a Department of the Army Permit to discharge fill mate waters of the U.S., in association with the Balboa Island: South Bay Front eurcLuoise A nue dredging project. The proposed work would take place at South Bay Front and Turquoise Avenue in Newport Harbor, in the City of Newport Beach, County of Orange, California. Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54: Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge 421 CY of sediment, impacting 0.26 acres, using a small, track -mounted skid steer loader, and place the sediment on 250 linear feet of adjacent beach (see attached figure). SPA Furthermore, you must comply with the following non -discretionary Special Conditions: 1. Provide CZMA certification from the California Coastal Commission (CCC) Prior to initiating work. 2. The Permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter waters of the U.S. due to beach nourishment operations. 3. Prior to commencement of any activity authorized, the boundaries of any eelgrass meadow within the general project area shall be marked with buoys so that equipment and vessel operators shall avoid damage to eelgrass meadows. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorities required by law. Thank you for participating in our regulatory program. If you have any questions, please contact R.J. Van Sant of my staff at 213-452-3418 or via e-mail at Richard. J. Vansant@usace. army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nwl.usace.army.n l/survey.html. Sincerely, Mark Durham Chief, South Coast Branch Regulatory Division Enclosure: Project maps) Project figure(s) � N� 77 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 5, 2010 REPLY TO ATTENTION OF: Office of the Chief - Regulatory Division Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Levin: This is in reply to your application (File No. SPL-2010-00316-RJV) dated March 11, 2010, for a Department of the Army Permit to discharge fill material ' to waters of the U.S., in association with the Balboa Island: South Bay Front t iamond Ave ue dredging project. The proposed work would take place at Sou Bay Front and Diamond Avenue in Newport Harbor, in the City of Newport Beach, County of Orange, California. Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54: Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge 381 CY of sediment, impacting 0.35 acres, using a small, track -mounted skid steer loader, and place the sediment on.250 linear feet of adjacent beach (see attached figure). -2 - Furthermore, you must comply with the following non -discretionary Special Conditions: 1. Provide CZMA certification from the California Coastal Commission (CCC)prior •or to initiating work. 2. The Permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter waters of the U.S. due to beach nourishment operations. 3. Prior to commencement of any activity authorized, the boundaries of any eelgrass meadow within the general project area shall be marked with buoys so that equipment and vessel operators shall avoid damage to eelgrass meadows. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorities required by law. Thank you for participating in our regulatory program. If you have any questions, please contact R.J. Van Sant of my staff at 213-452-3418 or via e-mail at Richard.J.Vansant@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http:1, pert.nwp.usace.army.mil/survey.html. Sincerely, 19 ct""'i Mark Durham Chief, South Coast Branch Regulatory Division Enclosure: Project map(s) Project figure(s) 0:.Sout, -..,.Ba F at Dia m, ond Avenue t, t -.-.h Front r DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 5, 2010 REMY 7O ATTRMON OF: Office of the Chief Regulatory Division Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Levin: This is in reply to your application (File No. SPL-2010-00315-RJV) dated March 11, 2010, for a Department of the Army Permit to discharge fill material into waters of the U.S., in association with the Balboa Island: South Bay Front t Coral Avenu dging project. The proposed work would take place at South Bay Front and Coral Avenue in Newport Harbor, in the City of Newport Beach, County of Orange, California. Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54: Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge 171 CY of sediment, impacting 0.11 acres, using a small, track -mounted skid steer loader, and place the sediment on 70 linear feet of adjacent beach (see attached figure). -2 - Furthermore, you must comply with the following non -discretionary Special Conditions: 1. Provide CZMA certification from the California Coastal Commission (CCC)prior to initiating work. 2. The Permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter waters of the U.S. due to beach nourishment operations. 3. Prior to commencement of any activity authorized, the boundaries of any eelgrass meadow within the general project area shall be marked with buoys so that equipment and vessel operators shall avoid damage to eelgrass meadows. A general permit does not grant any property rights of exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorities required by law. Thank you for participating in our regulatory program. If you have any questions, please contact R.J. Van Sant of my staff at 213-452-3418 or via e-mail at Richardj.Vansant@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://pert.nwp.usace.army.mil/surveytihtml. Sincerely, Mark Durham Chief, South Coast Branch Regulatory Division Enclosure: Project map(s) Project figure(s) � . v ,. . . . NMS � : 7 }��(\ y<* « © �- � . .� ............... � . v ,. . . . DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 5, 2010 REPLY TO ArfENTION OF: Office of the Chief Regulatory Division Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Levin: This is in reply to your application (File No. SPL-2010-00314-RJV) dated March 11, 2010, for a Department of the Army Permit to discharge fill mat waters of the U.S., in association with the Balboa Island: South Bay Front Onyx Avenue redging project. The proposed work would take place at South Bay Fro yx Avenue in Newport Harbor, in the City of Newport Beach, County of Orange, California. Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54: Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions of RGP No. 54, an individual permit isnot required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge 299 CY of sediment, impacting 0.17 acres, using a small, track -mounted skid steer loader, and place the sediment on 130 linear feet of adjacent beach (see attached figure). IN Furthermore, you must comply with the following non -discretionary Special Conditions: 1. Provide CZMA certification from the California Coastal Commission (CCC)prior to initiating work. 2. The Permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter waters of the U.S. due to beach nourishment operations. 3. Prior to commencement of any activity authorized, the boundaries of any eelgrass meadow within the general project area shall be marked with buoys so that equipment and vessel operators shall avoid damage to eelgrass meadows. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorities required by law. Thank you for participating in our regulatory program. If you have any questions, please contact R.J. Van Sant of my staff at 213-452-3418 or via e-mail at Richard.J.Vansa.nt@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http:/42er2.nwl2.usace.army.mil/survey.html. Sincerely, 10J, Mark Durham Chief, South Coast Branch Regulatory Division Enclosure: Project map(s) Project figure(s) �`� '� //"C�'; ^� � �-- -.. \ ƒ 2\:� � � ]\� � � } � � \�� \ � d \ .f�� � " \y:' � � \\ : : 2 �� :2��;� \�� � � � a � � �� � . � . . . :. m« «� v . . d ,� � d«»®.w ? ©� «� »2< DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 5, 2010 REPLY TO A7TEM70N OF! Office of the Chief Regulatory Division Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Levin: This is in reply to your application (File No. SPL-2010-00318-RJV) dated March 11, 2010, for a Department of the Army Permit to discharge fill materi waters of the U.S., in association with the Balboa Island: East Bay Front at 16K Avenu edging project, The proposed work would take place at East Bay Front and Park Avenue in Newport Harbor, in the City of Newport Beach, County of Orange, California. Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54: Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge 283 CY of sediment, impacting 0.18 acres, using a small, track -mounted skid steer loader, and place the sediment on 153 linear feet of adjacent beach (see attached figure). -2 - Furthermore, you must comply with the following non -discretionary Special Conditions: 1. Provide CZMA certification from the California Coastal Commission (CCC)np 'or to initiating work. 2. The Permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter waters of the U.S. due to beach nourishment operations. 3. Prior to commencement of any activity authorized, the boundaries of any eelgrass meadow within the general project area shall be marked with buoys so that equipment and vessel operators shall avoid damage to eelgrass meadows. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorities required by law. Thank you for participating in our regulatory program. If you have any questions, please contact R.J. Van Sant of my staff at 213-4152-3418 or via e-mail at Richard.J.Vansant@usace.army.rnil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://pert.nwp.usace.army.mil/survey.html. Sincerely, Mark Durham Chief, South Coast Branch Regulatory Division Enclosure: Project map(s) Project figure(s) fast. Bay Front at Park Avenue p- i 3 PARK AVE LLJ ANIL A 3 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 5, 2010 REPLY TO ATTENTION OF: Office of the Chief Regulatory Division Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, California 92660 Dear Ms. Levin: This is in reply to your application (File No. SPL-2010-00313-RJV) dated March 11, 2010, for a Department of the Army Permit to discharge fillmate - t w ters of the U.S., in association with the Balboa Island: South Bay Front Grand Canal edging project. The proposed work would take place at South Bay Front an rand Canal in Newport Harbor, in the City of Newport Beach, County of Orange, California. Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54: Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions 'of RGP No. 54, an individual permit isnot required. Specifically, you are authorized to conduct the following regulated activities: 1. Dredge 230 CY of sediment, impacting 0.13 acres, using a small, track -mounted skid steer loader, and place the sediment on 100 linear feet of adjacent beach (see attached figure). -2 - Furthermore, you must comply with the following non -discretionary Special Conditions: 1. Provide CZMA certification from the California Coastal Commission (CCC) prior to initiating work. 2. The Permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter waters of the U.S. due to beach nourishment operations. 3. Prior to commencement of any activity authorized, the boundaries of any eelgrass meadow within the general project area shall be marked with buoys so that equipment and vessel operators shall avoid damage to eelgrass meadows. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorities required by law. Thank you for participating in our regulatory program. If you have any questions, please contact R.J. Van Sant of my staff at 213-452-3418 or via e-mail at Richard.J. Vansant@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nvvp.usace.army.mil/survey. Sincerely, V Mark Durham Chief, South Coast Branch Regulatory Division Enclosure: Project map(s) Project figure(s) I M \ \ \ \ \ \ E - � � . M \ E ' � . M \ EXHIBIT B Proposal 04/06/2010 13:28 7142413820 TIGHT QUARTERS INC PAGE 01/01 lef 1 AMC- EXHIBIT B PROPOSAL ')n2l Q Anna Q4rprt Qnm+ Ar.ft re 0')7AA ?1 Al Gc7_ 10n1 L`.,., /'f 1 A't 9A 1122111 T;^ SRA01 c "IMN cm TO PHONE DATE City -of Newport Beach, (949) 644 -3041 April 6, 2010 Harbor Resources STREET JOB NAmx FAX# 829 harbor Island Dr. Sand lenishment 949 723 -0589 C"Y, STATE, ZIP 10S WCAMN P4C431 Manager N ort Beach, Ca. 92660 Multirle locations on Balboa Ial. Shannon Levin sstlm�tor TNmvort e-mail Dart powers Beach We hereby submit specifications and estimated for Boeavate sand from low tide line and spread on beach at bulkhead Work to be done at multiple locations on Balboa Island as listed below Turguoisc Beach Ca. South Katy Front 428 cubie yards Diamond Beach ita South Bay Front 381 cubic yards Coral Beach @ South Bay Front IL71 cubic yards Oays Beach @ South Bay Front 299 cubic yards Grand Canal on Balboa Island 0 South Bay Front 239 cubic yards Park Ave. Beach @ Bast Bay Front 283 cubic yards Yardage amounts are appromisnates Tight Quarters will provide laborers for clean up and public safety Tight Quarters will provide ramps on and off of beaches City will assist Tight Quarters with mooring .eBsowuoections and hook ups City will remove and replace all beaches at end of streets City win provide parking permits and street closures where necessary City will provide -all peradit VARIATIONS TO THE ABOVE CREATING ADDITIONAL COSTS WILL BE CHARGED ACCORDINGLY E$CL:USIONS: Please see Bsb.ffiit "A" WI~ PROPOSS hereby to furnish met del and labs :te is accordance Witt& above specifim ion% bur the strm� ofi Thirteen Thousand Seven Hundred $13,700.00 PROGRESS PATMENT DUB UPON RECEIPT I PROPOSED PRICE GOOD FOR 30 DAYS SIGNATURE Authorisation to Proceed with the above work as Proposed: 3.4thibit "WOKUST be signed and faxed back with your Date Proposal EXHIBIT C Labor and Materials Payment Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT N0. 70916144 WHEREAS, the City Council 4f the City of Newport Beach, .Stato of Caliramia, by notion adopted, has awarded to N e of Contractor hereinafter designated as the OPfincipai " a contraot for construction 0 Informal Contract in the City of Newport Beach, In strict conformity with the plans, draviings, specifio ations and other Contract Documents in the otflce of the Public works Dapar� ent of the City of Newport Beach, all of which are herein Incorporated by this reference. (( WHEREAS, Principal has ek=ted or is about to execute Informal CoMmot and the terms thereof require the furnishing of a bond, providing that if Principal or any of Prindpal's subcontratdors, shat fall tb pay for any materials, provisions, or other supplies used in, upon, for, or about the performancs of the work agreed to be done, or for any work or labor done thereon of any ki{td, the Surety on this bond wtl pay the same to the extent hereinafter set forth; !! NOW, THEREFORE, "Surety') are held i4mmly beunA „rd SevEn Hxrre3 aid no /10D ($13,700.OJ) I being equal to 100% of the estimate the terms of the Contract; for which our heirs, w ocutors and administrai by Chase present. THE CONDITION OF THR Principal's subcontractors, fall to implements or machinery use irr contracted to be done, or for any a due undr the Uriemploymerd In= amounts required to be deducted, v Department from the wages of em; Section 13020 of the l hiampioymer than the Surety will pay for the ram Bond, and also, in case suit is broui attorney's fee, to be ftxed by the Co CMI Code of the State of California. we the undersigned 'rinclpal, and, duly authorized to is State of California, as surety, (referred to herein as the City of Newport Beach, in the sum of Ti rteei 2rusrd +ful money of the united States of Amertoa, said sum amount payable by the City of Newport Seach under r ment well and truly to be made, we bind ourBetves,' s, successors, or assigns, Jointly and severally, firmly OBLIGATION IS SUCH, that if file Principal or the ay far any materials, provisions, or other supplies, upon, for, or about ft performance of the work ter work or labor thereon of any kind, or for amounts ice Code with respect to such work or labor, or for any hheld and paid over to the Employment Development )yeas of the Principal and subcontractors pursuant to Insurance Code wfth respect to such work and labor, in an amount not exceeding the am speoiHed In this d to enforce ft oblations of this Bond, a reasonable rt as required by file provision of Section 3250 of the The Bond shag inure to the benefit of arty and A persons, wrnpankwk and corporatiarm antkled to file cteima urKW Section 31SI of the Caglanla CM (ode so an to give a right of adcn to ftm or their aes7gros in any auk brm gta upon this Bond, as required by and in eccordwm with the provisions of Sections 3247 at seq. of ft CA Code of the State of Caftmia. And Surely, fix value ow*ved, hereby etlpulates and agrees that no ctiiarge, eftWon of Irne, alteraflans or addMlans to Ow terms d the Contract or to the work tIS be performed 0mvinder or the specMoMns accompanying the carne shall in any wbe aMlaat ifs obsgsflons on ttds Bond, and R does hereby waive twtloe of any such uNuge, extension of time, aitmWons or oddlilms to the tames of the Contract or to the work or to the awAaatiorts. In fits event that any prlr4af above named ONVARd this Bond as an indlvldual, It Is agreed Ow the death of any such principal shag not exonerate the Surety from its obllgafte under this Band. IN WITNESS WHEREOF, this Instrument has been duly Metlted by the aunts rra<rted RncW and Surety, an tits 21 St day of tail _, 2W& 2010 TIGHT QUARTERS, INC. Narns of Contractcr WESTERN SURETY COMPANY Name of 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of Surety 800 - 331 -6053 Tebphona E. Friese, Asal Sec. Print Name and 715a un"Ov seynteWLl1MVM OF 00f rRACM AND SURBiY HII.IST BE ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA I (Corporate Officer) County of Minnehaha ss On this 21st day of April 2010 before me, a Notary Public in and for said County, personally appeared E. Friese, Mal Sep• personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, s corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument ie the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said twrporation by authority of its Board of Directors, end thrther acknowledge that the said instrument and the execution thereorw be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expires J, HFC-EN My Commission Expires 6-22 -2013 ,1 Notary Publlc Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70916144 Know All Men By These Presents, that WESTERN SURETY COMPANY-, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint F Fri e4e its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Tight Quarters, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of September 15 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, a" ww•'rate seal to be affixed this 21st day of _April 2010 W E S SURE AY COMPANY :s Paul T. BraakAemor Vice President ST A COUN• i I as On this 21st di of April , in the year 2 010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of 'd on. }444 \44411144\ \\444 j D. KR •+ D. ELL •�?a� NOTARY PUBLIC m • Rotary Public - South Dakota i12dc1SOUTB Mm s r ♦11 \11111111444 \ \ \\ \4441 � My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 21st day of April 2010 WES SURE Y COMPANY Paul T. Bruflat nior Vice President Form F5306-0 -21106 ACKNOWLEDGMENT State of California County of Orange On April 23, 2010 before me, Kelsey A. Pritchard (insert name and title of the officer) personally appeared Telford Thomas Cottam , who proved to me on the basis of satisfactory evidence to be the personWwhose nam re subscribed to the within instrument and acknowledged to me that�e she/they executed the same in hi /her /their authorized capacity(iesj, and that by( /her /their signatureKon the instrument the 6� person(W, or the entity upon behalf of which the persorlWacted, 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 hand and official seal. Signature KELSEY A. PRITCRARD COMM. #1 884022 NOTARY PUBLIC CAUR)PMA OFIRM COUNrr Mycomm. Mar.26,2014 (Seal) EXHIBIT D Faithful Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT fN- FORMAL CONTRACT BOND NO. 7096 144 The prernium charges on this Bond is $ 411.00 _ being at tha rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City Counok of the City of Newport Beach, State of Ca*mia, by motion adopted, awarded to Name of Contractor, herelneft designated as the "Pdndpar, a contract for oonstrucdon of informal Contract in the City of Newport Beach, In strtot co nfomrdy with the plans, drawings, specifications, and other Contract Documents mairdalned In the Public Works Department of the City of Newport Beach, all of which are Incorporated herein by this refamme. WHEREAS, Principal has wacuted or Is about to execute informal Contract and Me terms thereof require the furnishing of a Band for the faithful perfomwnce of the Contract; NOW, THEREFORE, we, the Principal, and WE$T&RN ,�j]mv �pMPANY , duly authorized to transact business under the laws of the Stalm of C:alllomis as %Iku y Qovh af* `gurmn am held and Rang bound unto the City of Newport Bmc'h. in the sum ofMAr� 'Iln�d_ Hxdned ($13 -Y70 mful money of the United Stdoo of Amertoe, said stmt being equal to 1W% of the wed amount of the Contract, to be paid to the City of Newport Beach, Its aumessors, and essigm; for which payment well and truly to be made, wa bind cumelves, cut hairs, executors and adminlstrators, successors, or assigns, )olr* and sevsraly, tinny by these praser t. THE CONDITION OF THIS OBLIGATION is SUCH, that if the Principal, or the Principal's hake, exsattors, administrators, successors, or assigns, fail to abide by, and well and truly NM and perform any or all the work, covenards, conditia w, and agreatrmnla in the Contract Documents and any allardon thereof made as therein provided an its part, to be kW and perfomred at the Orne and In the manirar therein spsotfied, and In all respects according to lls trine h*vt and meaning, or falls to indem ly, defend, and save harmless the City of Newport Beach, Its oillcaM employees and agents. as Utah sdpulatsd, than, Surety will faithfully parform the same, In an amount not exceeding the sum spadfled in this Bond; otherwise this obtigetlon shall become null and void. As a part of the obligaBon secured hereby, and to addNion to ft face amomt a tnre "�Inoev arid fees, Inc rean atomWs few, Incurred by the City, oh In the evet the City to regdrad to bra an noWn in law or agtdiy agak* Six* to enforce to obit sari of hlls Bond. Sure, for value reMW, stipulates and aafees #* no charge, e>Renbn of *ft, atterations or addWona to the berms of the Contract or to the work to be perfomlad than index or to the apecAcgOons ownparyinp the sarns, shelf in any way affect its obiigetlons on ft Bond, and R does hereby waive notice of any such dn.Ve, extension of tine, matrons or &Mons of to Contract or to the work or to the epedticaBons, Tft FaitMUt Perlbrmana Send shell bo etamkid end malatshled by the PrInotpat h hd tive and effect for one (1) year f ift*g the data of torrnai aocaptance of the Ph" >yftOfty• in the event that the Prflf Od wwouted thta bond as an Individual, it is agrasd that the dealtt of any such Prtndpal shall not Monerats the Surety from Its otolgodons under ft Bond. IN WM40S WHERWF, this Instrurnent has been duty etasouted by Me P& MOM and Suety above nomad, on the. 1 Gt day of April - 0 2010 TIGHT QUARTERS, INC. Narm of c;onbnafor WESTERN SURETY COMPANY me of g3 *' 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of Surefy 800 -331 -6053 Tewototle STATE OF SOUTH DAKOTA County of Minneheha SS On this 21St , E. Friese. Asst Sac• Prkt ante end 7 e ACKNOWLEDGMENT OF SURETY (Corporate Officer) day of April 20.10 , before me, a Notary Public in and for said County, Personally appeared E. Frew. Ant Z+ @G, Personally known to me, who being by me duty sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to he foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expires J. HEGGEN My commission Expires 6-22 -2613 No Pub.' — Y � Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70916144 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint E . Fri P.SP. its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Tight Quarters, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of September 15 2010 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, atl tjgg* ,?rate seal to be affixed this 21 st day of ri 1 2010 WES SURE AY COMPANY r� Paul T. BruflaVl§enior Vice President STe%tP,GW &A COU !'� T t q A I On this 21st day of April , in the year 2010 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of 'd corporation. }44444444gg44 \4444444gg44} , /� D. KRELL !/NOTARY PUBLIC/ r SOUTH DAKOTA r lotary Public -South Dakota }4 \444444444444gggqq4q44 } My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 21st day of April 2010 W SURE Y COMPANY Paul T. BfuflatAenior Vice President Form F5306 -9 -2006 State of California County of Orange On April 23, 2010 ACKNOWLEDGMENT before me, Kelsey A. Pritchard (insert name and title of the officer) personally appeared Telford Thomas Cottam who proved to me on the basis of satisfactory evidence to be the personKwhose name are s bscribed to the within instrument and acknowledged to me that�qshe/they executed the same in hi her /their authorized capacitylies), and that b her/their signatureW on the instrument the person(Wor the entity upon behalf of which the personWacted, 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 hand and official seal. Signature