HomeMy WebLinkAboutC-4844 - Contract for the Improvement of Public Beaches for Emergency Sand Replenishment at Various Locations in China Cove and on Balboa IslandCITY CLERK
CONTRACT FOR THE IMPROVEMENT OF PUBLIC BEACHES
WITH TIGHT QUARTERS, INC.,
FOR EMERGENCY SAND REPLENISHMENT AT VARIOUS LOCATIONS IN
CHINA COVE AND ON BALBOA ISLAND
THIS CONTRACT FOR IMPROVEMENT OF PUBLIC BEACH ( "Contract') is
made and entered into as of this q day of VIVV , 2011, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Tight
Quarters, Inc.,, a California corporation, ( "Contractor ") whose principal place of
business is 2031 S. Anne Street, Santa Ana, CA 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 excavate sand from low tide line and spread on beaches at
multiple bulkheads.
C. City desires to engage Contractor to perform the sand replenishment at nine
separate locations on Balboa Island and China Cove ( "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 sixty business days commencing on June 1, 2011, or upon
issuance of the "Notice to Proceed."
NOW, THEREFORE, City and Contractor agree as follows:
1. TERM
The term of this Contract shall commence on the above written date and shall
terminate on August 31, 2011, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1 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 Scope of Work for China Cove and Balboa Island
Emergency Sand Replenishment Project all attached hereto as Exhibits "A" and "B"
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.
2.2 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.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of services under this Contract
and Contractor shall complete the Work within 60 business days from the date of
issuance of the "Notice to Proceed."
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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 ", City shall pay to Contractor and Contractor
accepts as full payment the sum of Twenty Thousand, Eight Hundred Seventy -Five
and 00/100 Dollars ($20,875.00). Contractor shall not receive any additional
compensation unless approved in advance by the City's Project Administrator (as
defined below in Section 6) in writing. The City shall make full payment to Contractor no
later than thirty (30) days after acceptance of Work by City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the term of the Contract. Contractor has designated Dan Powers to be its
Project Manager. Contractor shall not remove or reassign the Project Manager without
the prior written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Public Works Department. Shannon
Levin, or her designee 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.
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7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 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.
7.3 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.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 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.
8.2 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.
8.3 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).
it Quarters, Inc.
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8.4 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.
8.5 Contractor shall perform all 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.
8.6 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.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
9. 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.
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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.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
it Quarters, Inc.
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12.1 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.
12.2 Coverage and Limit Requirements.
12.2.1 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.
12.2.2 General Liabilitv. 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 two million
dollars ($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.
12.2.3 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.
12.2.4 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 one hundred percent (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.
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12.3 Other Insurance Provisions.
12.3.1 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.
12.3.2 General liability insurance provisions. Primary and excess or
umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
12.3.2.1 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.
12.3.2.2 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.
12.3.2.2 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.
12.3.3 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.
Tight Quarters, Inc.
12.3.4 Notice of Cancellation. Contractor agrees to oblige its
insurance broker and insurers to provide to City with thirty (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.
12.3.5 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.
12.3.6 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.
12.3.7 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.
12.3.8 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.
12.3.9 Requirements not Limitinq. 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 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.
12.3.10 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.
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12.3.11 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.
12.3.12 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.
13. BONDING
13.1 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.
13.2 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.
13.3 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, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
14. 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
Quarters, Inc.
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accordance with the California Labor Code (Sections 1770 of 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.
15. 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.
16. 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.
17. CONFLICTS OF INTEREST
17.1 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.
17.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
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18. NOTICES
18.1 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, Project Administrator
Public Works Department
City of Newport Beach
PO Box 1768
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3041
Fax: (949) 723 -0589
E -mail: sllevin @newportbeachca.gov
18.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Dan Powers
Tight Quarters, Inc.
2031 S. Anne Street
Santa Ana, CA 92704
Phone: 714- 557 -7901
Fax: 714- 241 -3820
19. TERMINATION
19.1 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.
19.2 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
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previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
20. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Contract. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, documents, proceedings and activities
related to the Contract for a period of three (3) years from the date of final payment to
Contractor under this Contract.
21. STANDARD PROVISIONS
21.1 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.
21.2 Waiver. A waiver by City of any term, covenant, or condition in the
Contract shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
21.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Contracts of whatsoever kind or nature are merged herein.
No verbal Contract or implied covenant shall be held to vary the provisions herein.
21.4 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.
21.5 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.
21.6 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.
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21.7 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.
21.8 Notice of Claims. Unless a shorter time is specified elsewhere in this
Contract, before making its final request for payment under the Contract Documents,
Contractor shall submit to City, in writing, all claims for compensation under or arising
out of this Contract. Contractor's acceptance of the final payment shall constitute a
waiver of all claims for compensation under or arising out of this Contract except those
previously made in writing and identified by Contractor in writing as unsettled at the time
of its final request for payment. The Contractor and the City expressly agree that in
addition to all claims filing requirements set forth in the Contract and Contract
Documents, the Contractor shall be required to file any claim the Contractor may have
against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et
seq. ).
21.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
21.10 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.
21.11 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
DateICToOr��1E CITY ATTORNEY
Assistant City Attorney
ATTEST:
Date:
By: 4AV �
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California nicipal corporation
Date: to /Z,/// _
M
m G. Badum
Works Director
TIGHT QUARTERS, INC., a California
Corporation
Date: 1lP6llr
By:
Telforl Cottam
Fre's dent
m
In
Attachments: Exhibit A — Scope of Work
Exhibit B — Proposal
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
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WHIMIUM.
SCOPE OF WORK
EXHIBIT A
CITY OF NEWPORT BEACH
Public Works Department
Harbor Resources Division
Sand Import
Scope of' Work:
Load and haul I000cy ol`saod to from \Vest Newport to China Cove beach and 1000cy to
Jade Avenue at South Bay Front. Coordinate sand import with sand repleui,hmcnl
project.
829 Harbor Island Drivc, Newport Beach, CA 92660
PH: (949) 644 -3034 FX: (949( 723 -0589 o www.newportbeachca.gov
EXHIBIT B
PROPOSAL
d O
PROPOSAL
Submitted To
EXHIBIT B
a/,&/=_ 2031 S. Anne Street, Santa Ana, Ca 92704
(714) 557 -7901 (Fax) 714 241 -3820
Project Information
Date: May 13, 2011
Contact Information
Newport Beach Harbor Beach Replenishment Phone: (949) 644 -3041
Resources Various locations on Balboa Fax: (949) 723 -0589
829 Harbor Island Dr. Island and China Cove Cell:
Newport Beach, Ca. 92660 Email: SLLevin @newportbeachca.gov
We hereby submit specifications and estimates for:
Import:
Yardage amounts are approximates
Tight Quarters will provide laborers for clean up and public safety
Tight Quarters will provide ramps on and off of beaches
City will remove and replace all benches at end of streets
City will provide parking permits and street closures where necessary
City will provide all permits
Alternate for hauling sand to China Cove and Jade St.
125 loads to China Cove at $83.50 per LO wheeler load $10,437.50
125 loads to China Cove at $83.50 per 10 wheeler load $10,437.50
Please see and sign Exhibit "A"
Exclusions:
Permits. Asbestos Testing /Abatement
Excludes dredging
VARIATIONS TO THE ABOVE CREATING ADDITIONAL COSTS WILL BE CHARGED ACCORDINGLY
WE PROPOSE hereby to furnish material and labor- complete in accordance with above specifications, for the
sum of:
Twenty Thousand Eight Hundred Seventy Five Dollars **'` $ 20,875.00
PAYMENT DUE 100% ON COMPLETION PRICE GOOD FOR 30 DAYS
Or PROGRESS PAYMENT DUE UPON RECEIPT
Authorization to Proceed
X Date Permit #
Proposal and Exhibit "A" must be signed and returned prior to project start
Estimator: Dan Powers
CITY OF NEWPORT BEACH
BOND NO. 71118051
LABOR AND MATERIALS PAYMENT BOND
EXHIBIT C
WHEREAS, the City of Newport Beach, State of California, has awarded to Tight
Quarters, Inc. hereinafter designated as the "Principal," a contract for the PROJECT
NAME located at PROJECT SITE, in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
WESTERN SURETY COMPANY duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Twenty
Thousand, Eight Hundred Seventy -Five and 001100 Dollars ($20,875.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as
required by the provisions of Section 3250 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 3181 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
EXHIBIT C
required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 1st day of June '2011.
emnavrn
Tight Quarters, Inc. (Principal)
Name of Surety
333 S. Wabash Ave., 41st Floor
Chicago, IL 60604
Address of Surety
605- 336 -0850
Telephone
rized Signature/Title
?- ' aIsn
Authorized Agent Signature
L. Davis, Ass't. Sec.
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
State of California
County of CQ -71k —q e - _ } SS.
On c before me,
Public, petsorially appeared
proved to me on the basis of satisfactory evidence to be the person whose name,(se /are
subscribed to the within instrument and acknowledged tom that hp she /they executed the
same in i�Vher /their authorized capacitylieg), and that by & /her /their signatures(sy on the
instrument the person(o), or the entity upon behalf of which the person(* - 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. _ __
KELSEY A. PRITCHASD
WITN S my hand n 1\ I seal. o COMM. a 1884022 :E NOTARY PUBLIC CALIFORNIA o
/ 3 ORANGECOUNTY ^�
y.� I '� My WMM. expires Mar. 26, 2014 I�
�rrsv -ems•
Sign lure I f
ACKNOWLEDGMENT
State of California
County of } ss.
:97
Public, personally appeared
before me,
Notary
,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 he /she /they executed the
same in his/her /their authorized capacity(ies), and that by his /her /their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT OF SURETY
STATE OF SOUTH DAKOTA (Corporate Officer)
Cow. y of Minnehaha SS
On this 1St day of June 2011 , before me, a Notary Public in
L. Davis, Ass't. Sec.
and for said County, personally appeared
personally known to me, who being by me duly 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 the
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
Fwm 103 -12 -98
Z
Notary Public
i
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 71118 051
Know All Nlen 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 L. Davis
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 sea] of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorneys) -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 tome 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 November 1
2011 , 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, `nd�.4, ozp+o,ate seal to be affixed this 1st day of June 2011
....... W E S R S U R E Y C O M P A N Y
r
Paul T. Bruflat enior Vice President
ST A't L+tp S0. TIT ... TA
rM ss
COON7`Yr,OMfN�?EIdAHA
On this 1st day of June , in the year 2011 , 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 s id corporation.
+41yYy4h4 \ \M1M14bM1M1S444hM144� /�
++ D. KRELL
+ ^ NOTARY PUBLIC +
i sEnL SOUTH DAKOTA sEnL i otary Public - South Dakota
.......... ............
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 1st day of
June 2011
W S R SURE Y COMPANY
Paul T. Bruflat enior Vice President
Form F5306 -9 -2006
CITY OF NEWPORT BEACH
BOND NO. 71118051
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 626.00
being at the rate of $ 30.00 thousand of the Contract
price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Tight
Quarters, Inc. hereinafter designated as the "Principal," a contract for the PROJECT
NAME located at PROJECT SITE in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY
, duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of
Newport Beach, in the sum of Twenty Thousand, Eight Hundred Seventy -Five and
001100 Dollars ($20,875.00) lawful money of the United States of America, said sum
being equal to 100% of the estimated amount of the Contract, to be paid to the City of
Newport Beach, its successors, and assigns; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specked, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
EXHIBIT D
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 1st day of June , 2011.
�P�eu'zr.� Cc7CC�
Tight Quarters, Inc. (Principal)
WESTERN SURETY COMPANY
Name of Surety
333 S. Wabash Ave., 41st Floor
Chicago, IL 60604
Address of Surety
605- 336 -0850
Telephone
Authorized Agent Signature
L. Davis, Ass't. S ®C.
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
State of California
County of CXLEA Y';C ) ss.
On k-aII Imo\\
Notary Public, ersonally appeared
,who proved to me on the basis of satisfactory evidence to be the person (srwhose
name(a) Cyare subscribed to the within instrument and acknowledged to me that
%she /they executed the same in Cis'
er /their authorized capacity0aw), and that by
I her /their signatures(Won the instrument the person.(wr or the entity upon behalf of
which the person(Wacted, 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.
KELSEY A. PRITCHARD
WITNES my d nd o Icial seal. o COMM.# CALIFORNIA 0
NOTARY PUBLIC CALIFORNIA ro
3 m. mires mar COUNTY `
' MY Comm. e�ires Mar. 26, 2014 L
Sign re 1 / ( (seal)
ACKNOWLEDGMENT
State of California
County of } ss.
On before me,
Notary Public, personally appeared
,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
he /she/they executed the same in his /her /their authorized capacity(ies), and that by
his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT OF SURETY
STATE OF FOUTH DAKOTA (Corporate Officer)
County of Minnehaha SS
1st June 2011
On this day of ,before me, a Notary Public in
L. Davis, ASST Sec.
and for said County, personally appeared
personally known to me, who being by me duly 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 the
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 ni ,e
Y9..o,,,
i y'fe3Ts:f'S'c.iC? u{JhSi.' "a 3 ° 23-20e8
Notary Public
Form 103 -12 -98
l
_ =�oswa
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 71118051
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 L Davis
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 November 1
2011 , 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, and,i¢yjgprpnrate seal to be affixed this 1st day of June 2011
SN ��cp;•' p,� W E S R SURE AY COMPANY
Paul T. BruflafAenior Vice President
'XkTE� SOUTH•.? OTA l
ndtA • .° 1 as
'UN lrliro Mr11jNH31�AHA
On this is t day of -Jun?-, in the year 2011 , 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 said corporation.
+44sYb4444h f ,M14..........
i D. KRELL
raFAL NOTARY PUBLIC sE�nL + otary Public - South Dakota
r SOUTH DAKOTA r
I4i41444494htbb6bLSa4Y44+
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 1st day of
June 2011 _
WES R SURE Y COMPANY
Paul T. Bruflat enior Vice President
Form F5306 -9 -2006