HomeMy WebLinkAbout11 - Amendments to M/RSA for On-Call Beach Maintenance ServicesQ �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
August 25, 2020
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Michael J. Sinacori, Assistant City Engineer
Msinacori@newportbeachca.gov
PHONE: 949-644-3342
TITLE: Approval of Amendments to Maintenance Repair Service
Agreements with GCI Construction and Tight Quarters for On -Call
Beach Maintenance Services
ABSTRACT:
On June 13, 2017, following a competitive Request for Proposal (RFP) procurement
process, the City Council approved two (2) on-call contracts for beach maintenance
services for three-year terms. The City uses service agreements to perform maintenance
and repairs throughout Newport Harbor and along City beaches. With the update to the
Council F-14 policy in 2018, these contracts were extended two years and are now set to
expire in June 2022. The not -to -exceed (NTE) contract amount has been reached for
one of the contracts and the other will be reached shortly. Staff is seeking additional NTE
amounts to maintain $150,000 yearly service capacity with each firm through June 2022.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. 2 to the Maintenance Repair Services Agreement with GCI
Construction to add $350,000 to the current contract for a total not -to -exceed amount
of $725,000;
c) Approve Amendment No. 2 to the Maintenance Repair Services Agreement with Tight
Quarters, Inc. to add $155,000 to the current contract for a total not -to -exceed amount
of $530,000; and
d) Authorize the Mayor and City Clerk to execute the amendments.
Approval of Amendments to Maintenance Repair Service Agreements with GCI
Construction and Tight Quarters for On -Call Beach Maintenance Services
August 25, 2020
Page 2
FUNDING REQUIREMENTS:
The current adopted CIP budget includes sufficient funding for the services planned for
Fall 2020 and covered by this Amendment. It will be expensed to Account No. 10101-
980000-20H04 (Tidelands Capital) for Beach and Bay Sand Management. If additional
funding is necessary in FY2020-21, staff will return to City Council with a request for
budget amendment.
DISCUSSION:
The City uses private sector contractors and consultants to fulfill various operational and
maintenance needs of Newport Harbor, Upper Bay and Newport Beaches. Contracted
work includes mooring and marina management, dock and marina repairs/maintenance,
beach cleanup and algae removal, engineering services and other services as needs
arise. Beach maintenance is handled by a combination of City staff and contractors.
Public Works oversees the sand management projects and maintenance for the Ocean
and Bay beaches within Newport Harbor, and assists with capital needs and emergency
work. Normal day -today ocean beach maintenance services are performed by the Public
Works staff. Contract services are used supplement staff and address large projects,
occasional peak needs and special work efforts such as bulk sand hauling, deploying
equipment over seawalls to replenish and maintain beaches such as on Balboa Island
where sand is moved up from the low tide line and/or imported from a donor beach and
groomed to achieve a desirable slope appropriate for public access to the beach.
On March 28, 2017, a Request for Proposals for on-call beach maintenance services was
released to the public. Seventeen vendors were notified of the opportunity. Only two (2)
firms submitted proposals and on June 13, 2017, both firms, GCI Construction, Inc. and
Tight Quarters, Inc., were given contracts as they each have specialized equipment and
staff that the City requires for different types of beach maintenance activities.
Each contractor has performed well over the past three years. At times, both contractors
have been utilized at the same time to expedite efforts prior to peak summer beach use.
For instance, this past May GCI focused on preparing the Balboa Pier area for the
summer crowds while Tight Quarters addressed bay beaches around Balboa Island. In
addition, the County of Orange began an annual maintenance effort clearing the mouth
of the Santa Ana River and moved most of the sand to the Newport jetties. While that
operation was taking place, GCI and Tight Quarters worked in concert and moved
additional sand to Balboa Pier and adjacent areas. This same operation is required by
the County this fall as the Santa Ana River Mouth sand has built up again. The two-month
effort will begin in mid-September as noted on the attached outreach notice.
GCI and Tight Quarters were also used for the recent flooding event on July 3, 2020, and
the associated cleanup the following days.
11-2
Approval of Amendments to Maintenance Repair Service Agreements with GCI
Construction and Tight Quarters for On -Call Beach Maintenance Services
August 25, 2020
Page 3
Though the flood experienced was unusual, as we had higher than anticipated waves
during a king high tide event, it could happen again. If it does, the services of GCI and
Tight Quarters will most certainly be needed, and the contract capacity requested in these
amendments will allow for those services.
GCI has reached their contract NTE and without an amendment they will no longer be
able to provide their critical services to the City and will not be able to assist in the
upcoming County project. Tight Quarters is expected to reach their NTE later this fiscal
year. To be prepared for potential storm and flooding events and to coordinate with the
County sand removal operations, staff recommends approval of the two amendments.
On-call agreements do not guarantee any specific amount of business for the contracted
company. When a beach maintenance or repair service need arises, staff will contact one
or both of the contracted firms to determine if availability and pricing meets the needs of
a specific request.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Amendment No. 2 to Maintenance and Repair Agreement with GCI
Attachment B — Amendment No. 2 to Maintenance and Repair Agreement with Tight
Quarters
Attachment C — OCPW Notification, Santa Ana River Outlet Maintenance 2020 (8-17-
2020)
11-3
ATTACHMENT A
AMENDMENT NO. TWO TO
ON-CALL MAINTENANCIREPAIR SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC. FOR
BEACH MAINTENANCE SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
25th day of August, 2020 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and GCI
CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031
Calle Recodo, Suite D, San Clemente, CA 92673, and is made with reference to the
following:
RECITALS
A. On June 13, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on-call maintenance and/or repair service for City ("Project").
B. On October 15, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to May
31, 2022, to increase the total compensation, update the Schedule of Billing Rates,
the terms of responsibility for damages or injury, prevailing wages, conflicts of
interest, and Insurance requirements.
C. Since entering into Amendment No. One, Contractor was asked to perform a
higher volume of Work than was originally anticipated.
D. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to increase the total
compensation, and update Insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
1 .
ollows:1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Letter Proposal and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference_ Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Seven Hundred Twenty Five Thousand Dollars
and 001100 ($725,000.00), without prior written amendment to the Agreement."
11-4
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Three Hundred Fifty Thousand Dollars and 00/100 ($350,000.00).
2. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
GCI Construction, Inc.
Page 2
11-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '$ f Zo zo
By: 0% ;&� —
Aaron C. Harp
City Attorney
ATTEST:
Date:
IN
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neil
Mayor
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
By:
Terry D. Gillespie
Chief Executive Officer
Date:
By:
Richard D
Secretary
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
Kay
GCI Construction, Inc. Page 3
11-6
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City,
and prior to commencement of Work, Contractor shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Contractor agrees to provide insurance in accordance with
requirements set forth here. If Contractor uses existing coverage to comply
and that coverage does not meet these requirements, Contractor agrees to
amend, supplement or endorse the existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial
general liability insurance and, if necessary, umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services Office
form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
GCI Construction, Inc. Page C-1 11-7
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
4. Other Insurance Requirements_. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement 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 from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability,
and automobile liability, if required, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers,
agents, volunteers, employees, and any person or entity owning or
otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement
shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D_ Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which
ten (10) calendar days notice is required) or nonrenewal of coverage for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. 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 other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's Risk
Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of
this Agreement. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. At least fifteen (15) days prior to the expiration
GCI Construction, Inc. T Page C-2 11-8
of any such policy, evidence of insurance showing that such insurance
coverage has been renewed or extended shall be filed with the City. If
such coverage is cancelled or reduced, Contractor shall, within ten (10)
days after receipt of written notice of such cancellation or reduction of
coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through
another insurance company or companies. City reserves the right to
require complete, certified copies of all required insurance policies, at
any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. 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
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. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared
to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible.
GCI Construction, Inc. Page C-3 11-9
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Contractor's right to proceed
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims_ Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
GCI Construction, Inc. Page C-4 11-10
ATTACHMENT B
AMENDMENT NO. TWO TO
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH TIGHT QUARTERS, INC. FOR
BEACH MAINTENANCE SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
25th day of August, 2020 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and TIGHT
QUARTERS, INC., a California corporation ("Contractor"), whose address is 2031 S.
Anne Street, Santa Ana, California 92704, and is made with reference to the following:
RECITALS
A. On June 13, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on-call maintenance and/or repair services for City ("Project").
B. On September 25, 2019, City and Contractor entered into Amendment No. One to
the Agreement ("Amendment No. One") to extend the term of the Agreement to
May 30, 2022, to increase the total compensation, amend the responsibility for
damages or injury, prevailing wage, conflicts of interest and claims sections, and
amend the insurance requirements.
C. Since entering into Amendment No. One, Contractor was asked to perform a
higher volume of Work than was originally anticipated.
D. The parties desire to enter into this Amendment No. Two to reflect additional
Services or Work not included in the Agreement, as amended, to increase the total
compensation, and update Insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Letter Proposal and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Five Hundred Thirty Thousand Dollars and
001100 ($530,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Fifty Five Thousand Dollars and 001100 ($155,000.00).
2. INSURANCE
Exhibit C-1 of the Agreement shall be deleted in its entirety and replaced with
Exhibit C, attached hereto and incorporated herein by reference. Any reference to Exhibit
C, and Exhibit C-1 in the Agreement shall hereafter refer to Exhibit C attached hereto.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Tight Quarters, Inc. Page 2
11-12
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1817 / Z020
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: dY�- f� By:
Aaron C. Harp Will O'Neill
City Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CONTRACTOR: TIGHT QUARTERS,
INC., a California corporation
Date:
By:
Telford T. Cottam
Chief Executive Officer/
Chief Financial Officer
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
Tight Quarters, Inc. Page 3
11-13
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Tight Quarters, Inc. Page C-1 11-14
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement 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 from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. 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 other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
Tight Quarters, Inc. Page C-2 11-15
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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 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. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Tight Quarters, Inc. Page C-3 11-16
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand_
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
C ity.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Tight Quarters, Inc. Page C-4 11-17
ATTACHMENT C
ornincT AN
Santa Ana River
Flood Control Channel:
Maintenance/Excess Sand
Removal from Channel Outlet
At the Santa Ana River flood control channel outlet
between the cities of Huntington Beach and Newport
Beach, west of Pacific Coast Highway.
* See other side for sand placement locations
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Newport Beach
1. Approximately 30,000 cubic yards of accumulated
sand will be removed from the channel outlet, as
allowed through regulatory permits for flood control
maintenance. Removing the excess sand minimizes
potential flood risks during rain events and also
maintains the natural tidal flow with the adjacent
Newport Shores marsh area.
2. Additionally, in coordination with the City of Newport
Beach, crews will transport the removed sand to
City beach areas that will benefit most from
sand replenishment.
Your safety is the top priority! Large equipment will be
used. Please observe all caution signs / barriers and stay
a safe distance from the work area.
Anticipated Project Duration:
As early as September 14 — late November 2020
Equipment Operation:
Weekdays, 7:00 am — 5:30 pm
Crew members may be working on site 6:00 am -6:30 pm.
Work schedule is tentative and subject to change.
Santa Ana River
Flood Control Channel Maintenance/Excess Sand Removal
Sand Placement Locations
Potential sand replenishment areas:
(1) between 48th Street and 40th Street, and;
(2) east and west of the Balboa Pier
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Santa Ana
River outlet
41
Newport Pier 801b°o 81.,
Balboa Pier
11-19