HomeMy WebLinkAboutAGMT - Straightway Construction/ECA (East Beach Sand Nourishment) ` 1 VJ6/ 9to
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EXHIBIT A
CITY OF SEAL BEACH
CALIFORNIA
EAST BEACH SAND NOURISHMENT
AGREEMENT
THIS AGREEMENT is made and entered into this 9 rH day of JA#I 4'cr 191, by
and between the CITY OF SEAL BEACH, a municipal corporation of the State of California,
hereinafter designated as "CITY ", and Sr ,yam fsC#9 , a California
corporation hereinafter designated as "CONTRACTOR ". CITY and CONTRACTOR are
hereinafter collectively referred to as "the PARTIES."
WHEREAS, CITY has determined that it is in the public interest to undertake a BEACH SAND
NOURISHMENT PROGRAM, hereinafter designated "the Project;" and
WHEREAS, approximately 15,000 cubic yards of sand will be spread by the Contractor; and
WHEREAS, CITY has advertised for and received competitive bids from
qualified private firms, as required by State law and the City
Charter, to provide this service; and
WHEREAS, CITY has determined through investigation, evaluation and past experience that _
STeAnyf rwar6pAesr.ece:77.r EGf} is the most qualified contractor to provide this
service at a fair and reasonab cost.
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual promises and covenants
hereinafter set forth, the Parties agree as follows:
SECTION 1. This Agreement includes the Proposal, the Notice Inviting Bids, the General
Conditions, the Special Provisions, the Site Drawing, the Standard Specifications for Public Works
Construction (Latest Edition), and all addenda and modifications to the same with respect to the
foregoing prior to the opening of bids. The above - referenced documents, hereinafter referred to as
"the Contract Documents," are hereby incorporated in and made a part of this Agreement by this
reference.
Section 2. Contractor shall provide EAST BEACH SAND NOURISHMENT services in a
complete, timely, and good workmanlike manner as the project is described in the Contract
Documents. Contractor shall furnish at Contractor's expense, all tools, equipment, labor, and
materials necessary therefore (excepting therefrom those materials expressly noted as to be
furnished by the City) and to uphold every obligation arising from this Agreement.
•
•
Section 3. In consideration of Contractor's furnishing all said tools, equipment, labor, and
materials, and for performing all the work contemplated and set -forth in this Agreement and in
accordance with the requirements of the City Engineer, City will pay and the Contractor shall
receive in full compensation, therefore, the unit prices and the lump sum prices named in the
Proposal, in an amount not to exceed $150,000, pursuant to the terms set -forth in the Contract
Documents.
Section 4. The Parties hereby agree and acknowledge that the benefits and burdens of this
Agreement shall inure to and bind the said Parties for themselves, their heirs, executors,
administrators, successors and assigns, do hereby agree to the full performance of the
covenants herein contained.
Section 5. Within three (3) days of receiving an executed contract, Contractor, or
Contractor's authorized representative, shall execute the Indemnification and Hold Harmless
Agreement and. Waiver of Subrogation and Contribution provided in the Bid Documents.
Section 6. The statement of prevailing wages appearing in the General Prevailing Wage
Rates is hereby specifically referred to and by this reference is made a part of this contract. It
is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of said statement and the bid or proposal of said Contractor, then said
statement shall control and nothing herein shall be considered as an acceptance of the terms of
the Proposal which may conflicting herewith.
Section 7. Contractor acknowledges its responsibility to comply with the requirements of
the provisions of Sections 3700, et seq. of the California Labor Code, and Contractor agrees to
maintain in full force and effect throughout the Project insurance against liability for Worker's
Compensation required by said provisions. Contractor shall provide evidence of such
compliance to City not less than three (3) days prior to commencing work on the Project.
Section 8. Contractor affirms that it is an independent Contractor of the City of Seal
Beach, and that no employee, joint- venture, partnership or agency relationship is created by
virtue of this Agreement.
Section 9. The Standard Specifications for Public Works Construction (Latest Edition)
• shall provide the bases, procedures, and standards for the project where not otherwise provided
for in the Agreement or the Contract Documents. In the event of any conflict between the
• Agreement, the Contract Documents and the Standard Specifications for Public Works
Construction (Latest Edition), the Agreement and Contract Documents shall control. In the
event of any conflict between the Agreement and the Contract Documents, the Contract
Documents shall control.
Section 10. City hereby grants to the Contractor a temporary and revocable license to store
vehicles and necessary equipment, at the Contractor's risk, at City's Tenth Street Parking lot.
The cost of any security measures by the Contractor to protect said vehicles and equipment
shall be borne solely by the Contractor, and City specifically disclaims any warranty as to the
safety of such storage area. The Contractor shall agree to hold the City harmless for any
damage to or theft of the Contractor's vehicles and /or equipment which occurs while said
vehicles or equipment are stored on City property. The Contractor shall agree to indemnify
and defend the City against any damage, liability, action, or claim of any kind by any person
or entity arising out of the Contractor's storage of vehicles and /or equipment on City property
during the course of this project.
Section 11. This Agreement, together with the Contract Documents, may be amended or
altered only upon the express written agreement of each party hereto.
Section 12. This Agreement, together with the Contract Documents, constitutes the entire
agreement between the Parties. City and Contractor hereby acknowledge that they have
neither made nor accepted any other promise or obligation with respect to the subject matter of
this Agreement, and that no other statement, direction, or representation, whether written or
oral, not memorialized in this Agreement or the Contract Documents shall be binding upon
either Party.
Section 13. In the event that Contractor fails to complete the project within the time allotted
by this Agreement and the Contract Documents, liquidated damages in the amount of $500.00
(five hundred dollars) shall be assessed and deducted from Contractor's earnings for each
additional calendar day required to complete the work after the time allowed for completion
has elapsed.
Section 14. If any provision of this Agreement is found to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
Section 15. Should any dispute under this Agreement lead to litigation, the prevailing party
shall be entitled to reasonable attorneys' fees for the prosecution of the action.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be
executed the day and year first above written.
CITY OF SEA BE , CALI OR A
BY: / ATT • 4 4 ` '
By City M. er i City Clerk
Ai ii
C RACTOR
• M
PROPOSER'S SIGNATURE
Name of Company STRAIGHTWAY CONSTRUCTION CO. , INC.
Address 1910 SANDALWOOD AVENUE, FULLERTON, CA 92835
Business Telephone
Number 714/257-0567
Business License q
Number / Z 75-
State Contractor's
License Type and (STRAIGHTWAY) (E.C.A. )
Number 633186—A 672120—A
By
-
igna re and Title
r•
• M
CITY OF SEAL BEACH
CALIFORNIA
GENERAL BID REOUIREMENTS
FOR
EAST BEACH SAND NOURISHMENT
1) Each firm is instructed to read carefully the SPECIFICATION AND PROPOSAL
DOCUMENTS FOR BEACH SAND NOURISHMENT for the City of Seal Beach.
Proposals should be based solely upon the requirements, information and specifications
contained in said documents.
2) Each firm is required to inspect the project location and to become familiar with the
scope and requirements of the services to be contracted. The City will assume that
each firm has investigated and is satisfied as to the conditions to be encountered, the
character, quality and quantities of work to be performed, time limitations imposed,
and the materials, labor and equipment required to complete the project as specified in
a timely, competent, and workmanlike manner.
3) Bids shall be made on forms provided by the City. Each bid shall be signed by the
firm and shall comply with the contract documents.
4) Subsequent to the award of contract, if it be awarded, an AGREEMENT (Exhibit A)
shall be executed by and between the selected contractor and the City of Seal Beach.
5) Within three (3) days after the award of contract, the Contractor shall submit all
required certificates of insurance to the City.
6) The Contractor shall complete the work within thirty (30) working days from receipt of
a notice to proceed from City..
7) The Contractor shall maintain adequate Worker's Compensation insurance under the
laws of the State of California for all labor employed by Contractor or by any
subcontractors to Contractor who may come within the protection of such Worker's
Compensation insurance laws.
8) The Contractor shall maintain in full force and effect throughout the duration of
the project comprehensive general and vehicle liability insurance protecting said
Contractor from liability imposed by law for damages on account of bodily
• •
injury, including death resulting therefrom, suffered or alleged to have been
suffered by any person or persons, other than employees, resulting directly or
indirectly from the performance or execution of this contract or any subcontract
thereunder, and also to protect against loss from liability imposed by law for
damage to any property, caused directly or indirectly by the performance and
execution of this contract or of any subcontract thereunder. Said comprehensive
general and vehicle liability insurance shall contain limits of not less than
$1,000,000 for personal injury to any one person, $1,000,000 for injuries
arising out of any one occurrence, and $500,000 for property damages or a
combined single limit of$1,000,000. Such insurance shall indemnify the CITY
from all liability from loss, damage, or injury to persons or to property arising
from or connected with the performance of services under this Agreement.
Such insurance policy shall include a severability of interests clause substantially
similar to the following: "The insurance afforded by this policy applies
separately to each insured against whom a claim or suit is made or suit is
brought, except with respect to the limit of the insurer's liability".
Such insurance shall be primary to any other similar insurance and shall name
the City of Seal Beach, its officers, agents and employees, as additional
insureds. The insurance policy shall contain a provision that prohibits
cancellation, modification, or lapse without thirty (30) days' prior written notice
to the CITY.
• •
SPECIAL PROVISIONS
1) DESCRIPTION OF WORK
The work covered by these Contract Documents consists of furnishing all materials, supplies,
labor, equipment, tools, transportation, and services for this beach sand nourishment program
in strict accordance with the Contract Documents and the attached plans.
2) INSPECTION
The City will provide a full-time Inspector throughout Contractor's operations to assure
compliance with the Contract Documents. All questions, requests, and proposals as to
working procedures, modifications of area limits, and modifications of time limits, if
necessary, shall be submitted to City through the Inspector.
3) BASIS OF PAYMENT
Contractor shall be compensated on a per unit basis, as specified in Contractor's proposal, for
each cubic yard of sand actually transferred from the Storage Area to the Spread Area and
spread according to the Contract Documents.
Prior to commencement of work, the Inspector and Contractor shall jointly examine all
preexisting sand storage areas, if any, and agree on the amount of sand then stored in each
storage area. Payment will be calculated based upon the agreed-upon cubic yards of sand then
stored within the existing storage areas added to the actual quantity of sand, in cubic yards,
delivered to the storage area(s) by the hauler after work commences. Additional sand
delivered to the site by the hauler shall be presumed to be in fifteen (15) cubic yard truck
loads, and payment for such sand shall be calculated on that basis.
Prior to the commencement of work, Contractor and the Inspector shall also agree upon a
procedure for counting the number of truck loads of sand delivered to the site each day. The
Contractor and the Inspector shall maintain separate records of the number of loads delivered
each day by the hauler. Differences in the counts shall be rectified at the close of each work
day. The Inspector shall, if necessary, reduce the allowable quantity of sand in any haul
vehicle that carries less than the aforementioned full load. Disputes between the Inspector and
the Contractor shall be resolved by the City Engineer.
• •
4) PROGRESS BILLINGS
On the sixteenth (16th) and thirty-first (31st) days following commencement of work, the
Contractor shall submit to the City, through the Inspector, detailed invoices for progress
payments. Such invoices shall set forth the quantity of sand, in cubic yards, actually
transferred from the Storage Area to the Spread Area and spread according to the Contract
Documents. Said quantity shall be multiplied by the unit rate for a total amount for each
progress billing. Any additional costs approved by the Inspector or the City Engineer, such as
for disposal of non-sand materials, shall be included on the invoice. City shall pay the amount
due to the Contractor, less a ten percent (10%) retention, to the Contractor within 14 days of
receipt of the invoice. Retention funds shall be released to the contractor thirty-five (35) days
following the acceptance of the project by the City or the filing of a notice of completion,
whichever is earlier.
4) MATERIAL
Material to be spread will be delivered by the hauler to the storage area as delineated on the
attached drawing and dry-hauled by the Contractor to the spread areas on the east beach as
indicated. Contract provisions regarding delivery of material require this material to be
entirely sand, but if materials other than sand are encountered, the Inspector shall be notified
at once and he/she shall designate proper disposition.
5) TEMPORARY HAUL ROAD
A. The Contractor may elect to construct a temporary haul road in the work area
indicated on the drawing using clean, compactible materials obtained from
sources other than the beach area. In the event the Contractor elects to
construct a temporary haul road, its construction, materials, and location shall
be subject to approval by the Inspector. If constructed, the road will be
considered to be for the convenience of the Contractor and no additional
payment will be made therefore. Removal of the road shall be required, and
must be accomplished to the satisfaction of the Inspector, not later than five (5)
days following project completion.
B. Contractor shall immediately repair any damage to the parking areas or other
City facilities prior to the final acceptance of the project.
C. Should any item of work by the Contractor create a hazard in the opinion of the
Inspector the Contractor shall immediately take remedial action to eliminate this
hazard. If the Contractor does not take such remedial action within a reasonable
time, as determined by the inspector, the City Engineer may order the work
done and payment for such work shall be deducted from the contract amount.
6) BORROW AREA
Not less than 24 hours in advance of the beginning of spreading activities on the east beach as
indicated, the Contractor, in cooperation with the Inspector, shall set stakes to delineate the
work area prior to commencement of work. Upon completion of the spreading work, the
project area shall be left reasonably smooth on a slightly seaward slope so as not to pond water
when overtopped by waves and tides. All excavations shall be backfilled and leveled off at the
end of each working day.
7) PLACEMENT
The imported material shall spread within the limits and to the approximate levels indicated on
the drawing or directed by the Inspector. The fill shall be placed in full section, and no
compaction other than that obtained by normal hauling and placement operations will be
required. The fill slopes indicated on the drawings do not necessarily represent the final slopes
that will be assumed by the material due to tide and wave action. Any material that is placed
elsewhere than in places designated or approved by the Inspector will not be paid for. In the
event of continuing erosion of any portion of the new beach fill, completed or partially
completed, during the contract, the Contractor shall place any portion of the remaining fill
material in the eroded areas when and as directed by the Inspector. It is the intent of the City
to effect the movement of as much of the coarser sand to the shore zone as possible, leaving
the finer sand inshore of the wave attack area. Any alternative the Contractor may suggest in
the conduct of operations to achieve this end will be favorably considered. Finished beach fill
surfaces above the average water level shall be graded reasonably smooth and left in a
satisfactory condition.
8) WORK HOURS
Work shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. No
extra payment above the contract rate per cubic yard will be made for work done after normal
working hours.
9) SPECIAL CONDITIONS
A. During the placement of the imported beach nourishment material onto the
beach, silt curtains or other forms of barriers shall be used to confine turbid
water to the immediate area of the spreading activity.
B. To avoid direct impacts to grunion, construction activities will not be permitted
during the identified expected grunion run periods of March 10-13 & 25-28,
April 9-12 & 24-27, May 8-11 & 24-27, Jame 7-10 & 22-25, July 6-9 &
21-24, August 5-8 & 20-23, 1997.
• •
C. The project contractor shall adhere with the noise ordinance provisions of the
City (Chapter 13D of the Code of the City of Seal Beach). The project
activities are exempt from the exterior noise standards if they do not take place
between the hours of 8:00 P.M. and 7:00 A.M. on weekdays, including
Saturday, or at any time of Sunday or local, State, or Federal holidays.
D. Sand spreading activity will not occur between the hours of 6:00 P.M. to 8:00
A.M., except in emergency situations, and is not permitted at all on Saturday,
Sunday or local, State, or Federal holidays.
E. All project related equipment shall utilize properly working mufflers and the
engines shall be equipped with shrouds. Further, all related equipment shall be
in proper working order and kept in a proper state of tune to reduce backfires.
F. Parking, fueling, and servicing operations for all heavy equipment and on-site
vehicles shall be a minimum of 500 feet from existing homes, preferably at the
1st Street beach parking lot.
G. Exhaust emissions from construction equipment shall be controlled to the
greatest extent possible by the contractor, consistent with standard mitigation
• measures provided within the Air Quality Management Plan:
• All heavy equipment shall be kept in proper running order and tuned-up.
• Equipment shall not be kept idling for mote than 2 minutes.
• Construction shall be abated during 2nd Stage smog alerts.
H. In order to obtain additional reduction in the significant NO„ construction
emissions, the contractor shall use low emission on-site mobile construction
equipment to the greatest extent possible.
I. The contractor shall implement standard mitigation measures consistent with
SCAQMD Rules 402 and 403, to control fugitive dust emissions and insure, to
the greatest extent practicable, that nuisance dust conditions do not occur during
delivery and spreading operations
J. All contracts involving the subject project shall include the above stated
conditions of approval.
10), EQUIPMENT STORAGE
The Contractor will be allowed to store vehicles and necessary equipment, at the Contractor's
risk, at the City's First Street Parking lot. The cost of any security measures by the
Contractor to protect his equipment shall be borne solely by the Contractor. The Contractor
shall agree to hold the City harmless for any damage to or theft of the Contractor's vehicles
and/or equipment which occurs while said vehicles or equipment are stored on City property.
The Contractor shall agree to indemnify and defend the City against any damage, liability,
action, or claim of any kind by any person or entity arising out of the Contractor's storage of
vehicles and/or equipment on City property during the course of this project.
11) COMMENCEMENT AND COMPLETION
The Contractor shall commence work within three (3) calendar days after receiving notice to
proceed from the City. The Contractor shall complete all work within thirty (30) working
days after receipt of said notice to proceed.
12) LIQUIDATED DAMAGES
Liquidated damages in the amount of$500.00 (five hundred dollars) shall be deducted from
Contractor's earnings for each additional calendar day required to complete the work after the
time allowed for completion has elapsed.
13) SAFETY
Contractor shall provide adequate barricades, warning signs, blinkers, flagmen, and other
safety equipment reasonably necessary to assure safety to the public and to the workers on the
job.
14) EQUIPMENT
Contractor shall provide adequate equipment, including necessary equipment for watering of
project work area for dust suppression.
All equipment shall avoid parking on the asphalt parking lots as much as possible. Any
damage to parking lot surfaces determined by the Inspector to have been caused by the
Contractor shall be immediately repaired by the Contractor at no cost to City within five (5)
days of the completion of the project.
15) ESTIMATED QUANTITIES
The City reserves the right to increase or decrease the quantity of cubic yards to be spread by a
maximum of 25%, for which Contractor will be compensated based on the unit prices in
Contractor's proposal. Contractor agrees to complete the project at the unit price bid if the
quantities are increased or decreased by the City in said amounts.
16) WATER
If sand storage areas exist on the beach upon completion of the delivery operations by the
hauler, the Contractor must provide a watering system for dust suppression during work and at
• •
•
the completion of each working day. The use of sea water is preferred for dust suppression.
The Contractor must provide all necessary irrigation equipment. The City will provide the
Contractor with hydrant meters at no charge if potable water is to be used rather than sea
water, however the Contractor shall reimburse the City for all potable water used at prevailing
rates.
1 . 12/18/96 11;35 MOFFATT & NICHOL + 4314067P387400 NO. 189 924
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/`1 ®R® VE TIFICA OF LIABILITY Nsu w DATE(MM/DD/YY)
TN 01/07/97
PRODUCER EMORY P STEPHENS INS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
P O BOX 577 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
UPLAND, CA 91785 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
FAX 909 9 8 5 8155 A GOLDEN EAGLE C/O GRAY —STONE INSURANCE
INSURED STRAIGHTWAY CONSTRUCTION, INC. COMPANY
1910 SANDALWOOD B FINANCIAL INDEMNITY COMPANY
FULLERTON, CA 92635 COMPANY
C
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MM/DD/Y0
A GENERAL UABILITY CCP32736601 08/26/96 08/26/97 GENERAL AGGREGATE $ 1000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 1000000
CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1000000 _
X OWNERS & CONTRACTORS PROT EACH OCCURRENCE _ $ 1000000
FIRE DAMAGE (Any one fire) $ 50000
MED EXP (Any one person) $
B AUTOMOBILE LIABILITY C3913261 10/30/96 04/30/97 COMBINED SINGLE LIMIT $
ANY AUTO 600000
ALL OWNED AUTOS
BODILY INJURY
X SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON -OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
GAR AGE LIABILITY AUTO ONLY- EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
A EXCESS LIABILITY EXC413810 08/26/96 08/26/97 EACH OCCURRENCE $ 1000000
UMBRELLA FORM AGGREGATE _$ 1000000
X OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIABILITY TORY LIMITS ER
— EL EACH ACCIDENT $ _
THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $
PARTNERS /EXECUTIVE —
OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS
THE CERTIFICATE HOLDER IS HEREBY ADDED AS ADDITIONAL INSURED TO GENERAL LIAB.
POLICY AS PER THE ATTACHED "SUPPLEMENTARY CITY OF SEAL BEACH ENDORSEMENT ".
CERTIFICATE NOLOER - CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SEAL BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
211 EIGHTH ST. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
SEAL BEACH, CA 90740 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ATTN. STEVEN OF ANY KIND UPON THE COMPANY, ITS AGENTS OR - PRESENTATIVES.
AUTHORIZED RE SENTATIVE / _ r
.�' I....__/
ACORD 2S-s (t /95) ®AC ( -« CORPORATION 1988