HomeMy WebLinkAboutC-9557-1 - Citywide Public Dock Rehabilitationj
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CITY OF NEWPORT BEACH
t
V NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
Before 11:00 AM on the 26t" day of August, 2024,
at which time such bids shall be opened and read for
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
$1,603,000
Engineer's Estimate
roved
( James M. Houlihan
Deputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "A"
For further information, call Chris Miller, Project Manager at (949) 644-3043
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor-
registration
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S :•
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIAL PROVISIONS............................................................................................ SP-1
E
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope before the bid opening)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening.
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S 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, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Once before the Bid Opening. The title of the
project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of
the envelope containing the documents.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
3
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et serf. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act'.
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall fumish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has be n vi wed.
709151 A, B, HAZ f Financial Officer
Contractor's License No. & Classification Au orized Signa I
1000002928 expires June 30, 2025 August 21, 2024
DIR Registration Number & Expiration Date Date
Jilk Heavy Construction, Inc.
Bidder
5
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid
Dollars ($ 10% of amount bid ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of CITYWIDE
PUBLIC DOCK REHABILITATION, Contract No. 9557-1 in the City of Newport Beach, is
accepted by the City Council of the City of Newport Beach and the proposed contract is awarded
to the Principal, and the Principal fails to execute the Contract Documents in the form(s)
prescribed, including the required bonds, and original insurance certificates and endorsements
for the construction of the project within thirty (30) calendar days after the date of the mailing of
"Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing 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.
Witness our hands this 22nd day of PA)gust 2024.
JA Heavy Construction, Mc. WVF P 14446h3 , CFO
Name of Contractor (Principal) Authorized Si i
Old Republic Surety Company /
Name of Surety 4utho d Agent Signatur
PO BOX 1635
MILWAUKEE, WI 53201 - 1635
Address of Surety
(714) 505-7011
Telephone
Martha Barreras, Attorney -In -Fact
Print Name and Tifle
(Notary acknowledgment of Principal & Surety must be attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange j
On AUG 2 2 2024 , before me, Albert Melendez
, Notary Public,
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(X) whose name(s) is/ate
subscribed to the within instrument and acknowledged to me that bke/she/tAy executed the same
in his/her/tkir authorized capacity(ixs), and that by his/her/their signature(so on the instrument
the person(,Y), or the entity upon behalf of which the person(X) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
ALBERT MELENDEZZ
4otary Public . California 111
Orange County
Commission i 2391461
My Comm. Ex:ires Jar 23. 2026
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNATURE CA/
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date:
Signer(s) Other than Named Above:
Number of Pages:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) SS.
On , 20 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 Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Thumbprint of Signer
70
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attomey
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
FA
Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County, of } ss.
On 20 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 underthe laws of the State of California thatthe foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 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)
�As v nt Secrets
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Martha Barreras of Tustin, CA
its true and lawful Attorneys)-ira-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognzances or other written obligations in the nature thereof,
(other than ball bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(1) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(I) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seat be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 1st day of March 2024
.•`JG 8UR6T .
W cnvw.rt \ o i
=" SEAL
O `low
OLD REPUBLfC SURETY COMPANY
414-
PreSKfent
On this 1st day of March 2024 , personalty came before me, Alan Paylic
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
M1 �r/(JA
Notary Public
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this Instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
,1\Illlq l,,,i
aC SUR cr.
W' /`°—" c August 2024
740053 g SEAL ;> = Signed and sealed at the City of Brookfield, WI this 22Ad day of
ORSC 22262(3-06) "*����°' ��,`%�/ t'�tj'�I
Mss�lst �'t Secrefa
�r �r
OLD
REPUBLIC SURETY CONIPANX
445 S Mourldwi RoA, Swi% 2410, Bivolficid. %4I 5 N S T tiLO-2 F-1-112 .N a «
ADDENDUM TO SURETY BOND
This addendum pertains to the bond(s) to which it is attached and that
have been issued on behalf of Old Republic Surety Company_
Old Republic Surety Company considers the electronic image of the
following corporate seal that is affixed to the bond(s) to be of the same
effect as if the seal was physically stamped or impressed onto the
bond(s).
All terms and conditions of the bond(s) remain unchanged_
Signed and effective this twelfth day of May, 2020.
Old Re ubli rely Company
By.
4o
Alan Pavlic, President
411 n Ri:P[ Ri W ISSVIIA WV GROT
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
44 ' wifflMMIMM
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange J}
On August 26, 2024 before me, Anna Lisa Paila, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Jeremiah Jilk
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/rift subscribed
to the within instrument and acknowledged to me that he/sbe/tkay executed the same in his/fXr/th$Qr
authorized capacity(W), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(tQ acted, executed the instrument.
ANNAUSAPAILA
Notary Public • CAdforliia
lamy
Orange CountyCommission N 24a1207
Comm. Expires may 14. 2028
Place Notary Seal and/or Stamp Above
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
Si ure of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name: Jeremiah Jilk Signer's Name:
I@ Corporate Officer — Title(s):Chief Financial Officer[] Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Jilk Heavy Construction, Inc.
Oc 2019 National Notary Association
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
Jilk Heavy Construction, Inc.
Bidder
9
of Financial Officer
A thorized Signature/T
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Jilk Heavy Construction, Inc.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No. 1 �}� V- 10 Aoi(m 5
Project Name/Number
Project Description NW TouVAI'll C,I m(gorifiy 5
Approximate Construction Dates: From g1P'_1 To: Si
3
Agency Name pyj of L05 R�Ides
Contact Person Awt;r lcwc(l Telephone
Original Contract Amount $ R1 04 "1 ""'Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
N4 Alt Lk54
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
ND
10
No.2 5 Pier
Project Name/Number ct gto tt
Project Description N Ai P,(f
Approximate Construction Dates: From 7JUIR To:
Agency Name �S Njtkpoal PcL/ 7 5VV«
Contact Person L'J' Gns're.(je Telephone (16)14R •�3� d
Original Contract Amount $ 1 Final Contract Amount $, O-X M!11(61
If final amount is different from original, please explain (change orders, extra work, etc.)
% L J
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
No. 3 �1 1
Project Name/Number 0I. M51- Viy kJ114i Rge6 pw-1
Project Description (4�1►�����C�'tP/)t JJ
Approximate Construction Dates: From To: H(a.ca.y
Agency Name 611 Y W' Q;g,aas llt
1 t
-
Contact Person a�oA Merf-j- Telephone (76A) If3S'Sbry
Original Contract Amount $g•TM�11;� Final Contract Amount $ S•RJQ1;# J
If final amount is different from original, please explain (change orders, extra work, etc.)
A kkty
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Md
11
No. 4
Project Name/Number dq (u[i G Of.,46-1c,41 wak
Project Description Can C�l1 qco}�h��4� L�nSFi►+��'•^ w�'
Approximate Construction Dates: From - ` fit% To:
Agency Name C ►�'i e f �A A400
Contact Person ?'tkriLV Telephone ( )
Original Contract Amount $ U►M Final Contract Amount $ 73 M►AVI�
If final amount is different from original, please explain (change orders, extra work, etc.)
A &� A v`c w fork o r�5'7
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
�o
Project Name/Number 0A (Alt�,eAcft�G Qt,�r P6tTwc
Project Description Cmye+t'
Approximate Construction Dates: From �`� To: AU q% J
Agency Name PflT 6� Le111 Ibe�h
Contact Person RAo TP',wk r'bs Telephone
Original Contract Amount $ �-W&AVur'Pinal Contract Amount $ 6-1 Milli-4
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
00
12
AyWrProject Name/Number _ (gnta'dr
Project Description CB4ade.- rGJ►4,' r
Approximate Construction Dates: From
t
Agency Name -o it 9 P
".111 To: 7lwx
Contact Person _ u M TriSa ms Telephone a) Xb3' 700
Original Contract Amount $ 4 MA -hnal Contract Amount $ a-S Al `
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? if yes, briefly explain and indicate outcome of claims.
NO
Project— Name/Number�ktAP t � ��crlWoLd.1 R!6(,5
Project Description _ Aar rC*%t; r
Approximate Construction Dates: From 7
Agency Name C+}
jo:
CAA
Contact Person X"AP11C 6%4,4u Telephone (110)
Original Contract Amount $ I IA,*final Contract Amount $IR-ri 3-0 M)111 b,1 rq
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and Indicate outcome of claims.
IVa
12
Projjeectt Name/Number 64 (44 6•Lcmv Pau` 4cjr.5
Project Description Nr k4 r S
Approximate Construction Dates: From -11« 7
Agency Name (AY D p Re" "
Contact Person Gar• Itint Tr;vb Telephone (ab) _dig -006
Original Contract Amount $ 000 Final Contract Amount $_ mTwr- Alit, 0 I
If final amount is different from original, please explain (change orders, extra work, etc.)
/iMALL # i M 4 k SCE+► C
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NC9
KO-04i
Project Name/Number On Gt if ��fr cS
Project Description P►tr aTvrf
Approximate Construction Dates: From 4 1% To:
Agency Name $a�>�4Ai(,q,
Contact Person _ _ RAC" Wet (& Telephone (0) ILM -?Q-O
Original Contract Amount $ 000 Final Contract Amount $_lt4 n O60
If final amount is different from original, please explain (change orders, extra work, etc.)
(lisS
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N9
12
/° S 1 Ib t� tT 6-0%!J* R
Project Name/Number e� n _ i ,gD4i'r
Project Description Pier KGt�4fr 5-
Approximate Construction Dates: From
Agency Name _ al Of e J Btrtd,
Contact Person pw'l 0, 17, Telephone ( _q3 1-25-;t7
Original Contract Amount $ I•—A114inal Contract Amount $ •�� �llr��
If final amount is different from original, please explain (change orders, extra work, etc.)
MAC! Sweb - -- -
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
t
Project Name/Number V et U' d4+1 UjTI&,[,te r
Project Description C7c�`i S
Approximate Construction Dates: From __.! IW7:5 To:
Agency Name Cill OF` V
A -
Contact Person q &rAkd( Telephone (W) M-453-x
Original Contract Amount $ t 00 Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
N '& I:k
Project Name/Number 1i-� of Av%6g GwA fit'
Project Description ? v � +
Approximate Construction Dates: From To:
Agency Name C,}y et 6,61
Contact Person _ o4 &WA v W Telephone (W ) 510 ^62-P
Original Contract Amount $27AP00 Final Contract Amount $Mbbo
If final amount is different from original, please explain (change orders, extra work, etc.)
W
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Project Name/Number Scuppigv creek- fr*64 -roy�sr
Project Description New tM4 )' LZT! !-�
Approximate Construction Dates: From 11
°-W3 To: g.;Wxq
Agency Name C "1 A10 WwrP6 ' Ae404
Contact Person f D b 5 f'C t n Telephone (1,41 Igg ,3pa
Original Contract Amount $ 3,1 N` 1"'Pinal Contract Amount $ 3.1 Al 11 v')
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
0
12
No. ll Picr m ` n(1l�tf
Project Name/Number QU�ow We�GKIc�"►�� P�ay�
Project Description R('�°�
Approximate Construction Dates: From a•°ti3 To: SIB
Agency Name r! l�y_AF5VAU MoNk
Contact Person Ja5s1 j Telephone ('40)
Original Contract Amount $`P'� Final Contract Amount $ LZ MiKld1
If final amount is different from original, please explain (change orders, extra work, etc.)
Nh
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Na
No. R T Project Name/Number Ok Ca( P1e l("5
Project Description r1 Lr
�ci�a�r5
Approximate Construction Dates: From 5 As To: &
Agency Name ( i� Z Of Vtn+w'ci
Contact Person NI -Cole. Sgzv) Telephone (JOG) WPV16
Original Contract Amount $113,M6 Final Contract Amount $ 11 AI lin
If final amount is different from original, please explain (change orders, extra work, etc.)
A�. t l e %uy�p, cd( 5
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
No•XI6 W64 hr'
Project Name/Number
Project Description
i ('
t(4n aCucc
Approximate Construction Dates: From 043 To:
Agency Name
�tr�ji 4`
((�ljabf�
pjut,c�
Contact Person
fiftVor
SWIOuS{-
Telephone (qN$
Original Contract Amount $ ( 06 Final Contract Amount $ 1 M#00
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
0
No. I7 Cr y5k i Rj ,C
er & cS
Project Name/Number / nn _ I
Project Description COW `W y n` r' of ice°' i �i`tl' e 5
Approximate Construction Dates: From I To: 3)U;tu
Agency Name C'�" drt xA (I (40
Contact Person Jon Telephone (6(4) s33- S413
Original Contract Amount $ '11006o Final Contract Amount $ S 1100
If final amount is different from original, please explain (change orders, extra work, etc.)
Al-u� owt, start,
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
00
12
No. IS ' IL
Project Name/Number C6 �61W� 0% Cc"i Vco�tAieA `,Vves
Project Description C-t^cj1w`1 geyl eAA44( G+'t t"cblvl
Approximate Construction Dates: From 0,1%'0�'� To: P-1704
Agency Name C �Y of � Amfle-S
Contact Person rr1�VfA Telephone (�I�j fg'N71a2
Original Contract Amount $ 500,000 Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
NA,L t(ok wlcr5
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Nv
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a fi
sufficiently comprehensive to permit an appra
conditions.
Jilk Heavy Construction, Inc.
Bidder
13
:ial statement and other information
of the Contractor's current financial
Sig
Financial Officer
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
NON -COLLUSION AFFIDAVIT
State of California )
ss.
County of County
Jeremiah Jilk being first duly sworn, deposes and says that heteFske is
Chief Financial Officer of Jilk Heavy Construction, Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
declare under penalty of perjury of the laws of the to of California at the foregoing is true and correct.
Jilk Heavy Construction, Inc. Chief Financial Officer
Bidder A horized S nature ' le
Subscribed and sworn to (or affirmed) before me on this day of 2024
by , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
[SEAL]
14
Notary Public
My Commission Expires:
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California l
County of Orange J}
On August 21, 2024 before me,
Date
personally appeared
Anna Lisa Paila. Notary Public
Here Insert Name and Title of the Officer
Jeremiah Jilk
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/am subscribed
to the within instrument and acknowledged to me that he/sbe-A cey executed the same in his/IXr/thXr
authorized capacity(tes), and that by his/her/their signature(z) on the instrument the person(s), or the entity
upon behalf of which the person(9V acted, executed the instrument.
9 a
ANNA LISA PAIL4
Notary Public • Caiifonia
Orange County is
Commission 8 2487207
y Comm. Expires May 14. 2028
Place Notary Seal and/or Stamp Above
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
n re of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name: Jeremiah Jilk Signer's Name:
® Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Jilk Heavy Construction, Inc.
'"AWN III AN ON OW 0,1190019
02019 National Notary Association
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
DESIGNATION OF SURETIES
Bidder's name Jilk Heavy Construction, Inc.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Insurance:
Venbrook Insurance 6320 Canoga Ave., 12th Floor, Woodland Hills, CA 91367 (818) 598-8984
Bonds:
Performance Bonding Surety & Insurance Brokerage (714) 439-3584
Old Republic Surety Company 445 South Moorland Road, Suite 200, Brockfield, Wiscousin 53005
(714)505-7011
15
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Jilk Heavy Construction, Inc.
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2023
2022
2021
2020
2019
Total
2024
No. of contracts
[ �Z
57
31
3&1
lot]
Total dollar
Amount
C ntractsf(in
(3���r'+rw
3�'�'�
31 ws•�'►
,� 2.I r�w�
3�r+r+
3)
1 b"I 11
Thousands of $
No. of fatalities
Q
0
(
f
No, of lost
Cases
U
()
,
0Workday
3
No. of lost
workday cases
involving
/l
V
permanent
O
V
[J
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
M.
Legal Business Name of Bidder Jilk Heavy Construction, Inc.
Business Address: 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821
Business Tel. No.: (310) 830-6323
State Contractor's License No. and
Classification: 709151 A, B, HAZ
Entity Type: Corporation
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Secretary
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange J}
On August 21, 2024 before me,
Date
personally appeared
Anna Lisa Paila. Notary Public
Here Insert Name and Title of the Officer
Jeremiah Jilk
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(a) is/am subscribed
to the within instrument and acknowledged to me that he/s4se/tkey executed the same in his/ter/thXr
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the
ANNALISAPAILA ,� laws of the State of California that the foregoing
Notary Public • Camonia paragraph is true and correct.
Orange Counci
F Commission N 2487207 WITNESS my hand and official seal.
My Comm, Expires May 14, 202E
�
Signaturer—z5gpk
Place Notary Seal and/or Stamp Above Si nature of Notary Public
A 1'ITIh\I A I
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk
® Corporate Officer — Title(s)-Chief Financial Officer ® Corporate Officer — Title(s): Secretary
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Jilk Heavy Construction, Inc. Jilk Heavy Construction, Inc.
@2019 National Notary Association
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Jilk Heavy Construction, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. D e eceived Signat re
ry
18
City of Newport Beach
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: Jilk Heavy Construction, Inc.
Business Address: 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821
Telephone and Fax Number: (310) 830-6323 T (310) 835-2163 F
California State Contractor's License No. and Class: 709151 A, B, HAZ
(REQUIRED AT TIME OF AWARD)
Original Date Issued: July 5, 1995 Expiration Date: July 31, 2025
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
David Van Wagner, Progect Manager
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
James Jilk
President 500 S. Kraemer Blvd., Suite 380 Brea, CA
92821
(310) 830-6323
Joshua Jilk
Vice President 500 S. Kraemer Blvd., Suite 380 Brea, CA
92821
(310) 830-6323
Jeremiah Jilk
Secretary 500 S. Kraemer Blvd., Suite 380 Brea, CA
92821
(310) 830-6323
Corporation organized under the laws of the State of California
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows: N/A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
Jilk Heavy Construction, Inc.
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide: N/A
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner/agency? If so, explain. No
Have you ever failed to complete a project? If so, explain. No
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor com fiance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes JJJ
20
Are any claims or actions unresolved or outstanding? Yes M
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
Jeremiah Jilk
(PrinA name of Owner or President
of q rporation/C*pany) ___-
Jilk Heavy Construction, Inc.
Bidder Aut rized Sig
Chief Financial Officer
Title
August 21, 2024
Date
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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
My Commission Expires:
21
(SEAL)
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange J}
On August 21, 2024 before me,
Dote
personally appeared
Anna Lisa Paila, Notary Public
Here Insert Name and Title of the Officer
Jeremiah Jilk
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(B) whose name(s) is/as-s subscribed
to the within instrument and acknowledged to me that he/she/that' executed the same in his/tXr/thXr
authorized capacity(bes), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(14 acted, executed the instrument.
,, ' ANNA LISA PAILA
Noury Public • calHornia
Z=� orange County
Commission N 2487207
00My Comm. Expires May 14, 2028
Place Notary Seal and/or Stamp Above
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
Signs re of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name: Jeremiah Jilk Signer's Name:
91 Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Jilk Heavy Construction, Inc.
)2019 National Notary Association
ACTION BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
JILK HEAVY CONSTRUCTION, INC.
The undersigned, as members of the Board of Directors
of Jilk Heavy Construction, Inc., a California corporation, and
being all of the members of such Board as presently constituted,
do by this writing consent to take the following action and adopt
the following resolution effective November 15, 2019:
RESOLVED, that JAMES F. JILK, as Chief
Executive Officer of the corporation, and
JEREMIAH T. JILK, as Secretary and Chief
Financial Officer, are each individually,
as officers of the corporation, authorized
on behalf of the corporation to submit
bids, execute bonds (including, but not
limited to, bid bonds, performance bonds,
payment bonds, and warranty bonds), enter
into and execute contracts (including change
orders), and take such other acts or actions,
and execute such other documents as may be
necessary for the corporation's normal
construction operations.
This action is executed pursuant to the provisions of
Section 307(b) of the California Corporations Code and Article
III, Section 13 of the Bylaws of this corporation, which
authorize the taking of action by the directors of the
corporation without a meeting. This document is directed to be
filed with the minutes of the proceedings of the corporation.
J SHULA l ; . L
-"
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
CITYWIDE PUBLIC DOCK REHABILITATION
Contract No. 9557-1
Project No. 24H02
DATE: August 21, 2024 BY: A.
Jim Houlihan, City Engineer
TO: ALL PLAN HOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
1. Request For Information (Q&A)
a. Attached to this addendum are responses to questions submitted by the deadline on
August 19, 2024 at 11:00 a.m.
Bidders must sign this Addendum No.1 and attach it to the bid proposal. Bid may not
be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
� crtwkA V i I t./%,
Bidder's Name (Please Print)
rized Signature &
Attachments:
1. Bid Questions and Answers (August 21, 2024)
City of Newport Beach
Citywide Public Dock Rehabilitation (9557-1), bidding on 08128/2024 11:00 AM (PDT)
Page I of 4
Printed 08/26/2024
Bid Results
Bidder Details
Vendor Name
Jilk Heavy Construction, Inc.
Address
500 S. Kraemer Blvd, Suite 308
Brea, California 92821
United States
Respondee
Jeremiah Jilk
Respondee Title
Chief Financial Officer
Phone
310-830-6323
Email
jeremiah@jilkhc.com
Vendor Type
CADIR
License #
709151
CADIR
1000002928
Bid Detail
Bid Format
Electronic
Submitted
08/26/2024 9:08 AM (PDT)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
392047
Respondee Comment
Buyer Comment
Attachments
File Title File Name File Type
BID SUBMITTAL C-9557-1 Jilk Heavy Construction.pdf BID SUBMITTAL C-9557-1 Jilk Heavy Construction.pdf General Attachment
Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond
Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond
PlanetBids
City of Newport Beach
Citywide Public Dock Rehabilitation (9557-1), bidding on 082612024 11:00 AM (PDT)
Page ^_ of 4
Printed 06/26/2024
Subcontractors
No Subcontractors
PlanetBids
City of Newport Beach Page 3 of 4
Citywide Public Dock Rehabilitation (9557-1), bidding on 08/26/2024 11:00 AM (PDT) Printed 08/26/2024
Line Items
Discount Terms No Discount
Item # Item Code
Type Item Description
UOM
QTY
Unit Price
Line Total
Response Comment
Section 1
$1,296,000.00
1
Mobilization/Demobilization/ General Requirements
LS
1
$300,000.00
$300,000.00
Yes
2
Prepare and Implement Construction Staging
LS
1
$42,000.00
$42,000.00
Yes
3
Prepare and Implement Site BMP Plan
LS
1
$10,000.00
$10,000.00
Yes
4
Demolish and Dispose Existing Floating Docks, Piles and Gangways
LS
1
$115,000.00
$115,000.00
Yes
5
Construction Waste Management and Dlspsoal Fees
LS
1
$70.000.00
$70,000.00
Yes
6
Furnish and Install Floating Docks and Related Utilities
LS
1
$590,000.00
$590,000.00
Yes
7
Furnish and Install New Guide Pile (12-Inch Square)
LS
1
$27,000.00
$27,000.00
Yes
B
Furnish and Install New Guide Pile (14-Inch Square)
LS
1
$96,000.00
$96,000.00
Yes
9
Furnish a nd Install New Gangways
LS
1
$45,000.00
$45,000.00
Yes
10
Provide As -Built Plans (Fixed)
LS
1
$1,000.00
$1,000.00
Yes
PlanelBids
City of Newport Beach
Citywide Public Dock Rehabilitation (9557-1), bidding on 08/26/20'24 11:00 AM (PDT)
Page 4 of 4
Printed 08/26/2024
Line Item Subtotals
Section Title
Section 1
Grand Total
Line Total
$1,296,000.00
$1,296,000.00
PlanetBids
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
GENERAL AND SPECIAL PROVISIONS
CITYWIDE PUBLIC DOCK REHABILITATION
PROJECT NO. 241-102
CONTRACT NO. C-9557-1
CONSTRUCTION SET
May 2024
tF0IVRL
PREPARED BY:
h1dh1q moffatt & nichol
Moffatt & Nichol
4225 E. Conant Street
Long Beach, California 90808
(562) 426-9551
TABLE OF CONTENTS
1. GENERAL PROVISIONS
PART 1 - GENERAL PROVISIONS
SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Survey Service
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
6-7 TIME OF COMPLETION
6-7.1 General
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
6-9 LIQUIDATED DAMAGES
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
7-1.2 Temporary Utility Services
7-2 LABOR
7-2.2 Prevailing Wages
7-7 COOPERATION AND COLLATERAL WORK
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
7-10 SAFETY
1
1
1
1
1
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
4
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5
5
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6
6
7
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7-10.3 Haul Routes
8
7-10.4 Safety
9
7-10.4.1 Work Site Safety
9
7-10.5 Security and Protective Devices
9
7-10.5.3 Steel Plate Covers
9
SECTION 9 - MEASUREMENT AND PAYMENT
9
9-2 LUMP SUM WORK
9
9-3 PAYMENT
9
9-3.1 General
9
9-3.2 Partial and Final Payment.
11
PART 2 - CONSTRUCTION MATERIALS
11
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
11
201-1 PORTLAND CEMENT CONCRETE
11
201-1.1 Requirements
11
201-1.1.2 Concrete Specified by Class and Alternate Class
11
201-2 REINFORCEMENT FOR CONCRETE
11
201-2.2 Steel Reinforcement
11
201-2.2.1 Reinforcing Steel
11
PART 3 - CONSTRUCTION METHODS
12
SECTION 300 - EARTHWORK
12
300-1 CLEARING AND GRUBBING
12
300-1.3 Removal and Disposal of Materials
12
300-1.3.1 General
12
300-1.3.2 Requirements
12
PART 6 - TEMPORARY TRAFFIC CONTROL
12
SECTION 600 - ACCESS
13
600-1 GENERAL
13
600-2 VEHICULAR ACCESS
13
600-3 PEDESTRIAN ACCESS
13
SECTION 601— WORK AREA TRAFFIC CONTROL
13
601-1 GENERAL
13
601-2 TRAFFIC CONTROL PLAN (TCP)
14
601-3 WATERSIDE TRAFFIC CONTROL PLAN (WTCP)
14
2. TECHNICAL SPECIFICATIONS (CSI)
C.S.I. FORMAT SPECIFICATIONS FOR:
SECTION 01 11 00 SUMMARY OF WORK
SECTION 01 33 00 SUBMITTALS
SECTION 01 41 00 REGULATORY REQUIREMENTS
SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS
SECTION 01 74 00 CONSTRUCTION WASTE MANAGEMENT AND
DISPOSAL
SECTION 01 78 00 CLOSEOUT PROCEDURES
SECTION 02 00 01 BASIC SITE MATERIALS AND METHODS
SECTION 02 41 00 DEMOLITION
SECTION 05 05 14 TREATING DAMAGED GALVANIZING
SECTION 05 50 00 METAL FABRICATIONS
SECTION 09 90 00 PAINTING AND COATING
SECTION 10 14 00
SIGNAGE
SECTION 26 20 05
MARINA ELECTRICAL
SECTION 31 62 13
PRESTRESSED CONCRETE PILES
SECTION 33 05 10
MARINA PIPING AND EQUIPMENT SYSTEMS
SECTION 35 51 35
FLOATING DOCK SYSTEM
SECTION 35 59 20
GANGWAYS AND FABRICATIONS
SECTION 35 59 40
MARINE TIMBER CONSTRUCTION
3. APPENDIX A
REGULATORY PERMIT
INFORMATION
[iv]
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CITYWIDE PUBLIC DOCK REHABILITATION
PROJECT NO. 241-102
CONTRACT NO. C-9557-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. H-5280-S); (3) the City's Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction, (2022 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements. The City's Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
Page 1 of 14
At the time of the award and until completion of work, the Contractor shall possess a
Class A license. At the start of work and until completion of work, the Contractor and all
Subcontractors shall possess a valid Business License issued by the City.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of installing a new floating
dock, dock support piles, access gangway, and gangway platform. Existing utilities and
other features are to be protected in place unless noted to be replaced.
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The Contractor shall submit
to the Engineer, a minimum of 7 days prior to the start of work, a. list of controlling survey
monuments which may be disturbed. The Contractor shall:
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling survey monuments.
The Contractor shall protect all survey monuments during construction operations. In the
event that existing survey monuments are removed or otherwise disturbed during the
course of work, the Contractor shall restore the affected survey monuments at his sole
expense. The Contractor's Licensed Surveyor shall file the required Corner Record or
Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or monuments
damaged by the Work.
2-9.2 Survey Service
The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City
survey records to provide all construction survey services that are required to construct
the improvements.
Page 2 of 14
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
The following percentages shall be added to the Contractor's costs and shall constitute
the markup for all overhead and profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may be
added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
When all or any part of the extra work is performed by a Subcontractor, the markup
established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs
and shall constitute the markup for all overhead and profit. An additional markup of five
(5) percent of the total subcontracted cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may be
added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Page 3 of 14
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48-hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required for
all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner in
which the Contractor executed the work, such tests and inspections shall be paid for by
the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed.
Any surface damaged by the removal effort shall be repaired to its pre -construction
condition or better at the contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by the
Work and is not re -useable, the Contractor shall provide and install a new replacement
pull box, meter box or any other utility box of identical type and size at no additional cost
to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected by
the Work shall be replaced to finish grade with new utility boxes.
The Contractor shall coordinate with the owner of each utility in advance of work to avoid
potential delays to the project schedule. The Contractor shall provide the necessary
survey control for all utility companies to adjust boxes and vaults to the final grade. The
Contractor will be required to coordinate with these companies for inspection of the work.
Page 4 of 14
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting
has been conducted, and a schedule of work has been approved by the Engineer. The
Contractor shall submit a baseline schedule to the Engineer for approval a minimum of
five working days prior to the pre -construction meeting. It is anticipated that field
construction activities will commence after the summer season / Labor Day.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved baseline schedule, the Contractor shall be prohibited from starting additional
work until Contractor has exerted extra effort to meet the baseline schedule and has
demonstrated the ability to maintain the schedule in the future. Such stoppages of work
shall in no way relieve the Contractor from the overall time of completion requirement, nor
shall it be construed as the basis for payment of extra work because additional personnel
and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
The public piers are heavily used by the boating public primarily for access to and from the
offshore mooring fields. Each public pier will be closed for public use/access for the absolute
minimal number of days. At no time shall the following piers be closed concurrently:
• 19th Street, 15th Street and Fernando Street
• Coral Avenue and Opal Avenue
• Emerald Avenue and Sapphire Avenue
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within TWO HUNDRED [200]
consecutive working days after the date on the Notice to Proceed. The Contractor shall
ensure the availability and delivery of all material prior to the start of work. Unavailability
of material will not be sufficient reason to grant the Contractor an extension of time.
Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Page 5 of 14
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30
p.m. on weekdays or 8:00 a.m, to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall pay
for supplemental inspection costs of $146 per hour when such time periods are approved.
The following days are designated City holidays and are non -working days:
1. January 1It (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 It (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications shall
be on the job site at all times. The Contractor shall maintain as -built drawings of all work
as the job progresses. A separate set of drawings shall be maintained for this purpose.
These drawings shall be up-to-date and reviewed by the Engineer at the time each
progress payment is submitted. Any changes to the approved plans that have been made
with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project. During
this time, the material shall be made available to the Engineer. Suitable facilities are to
be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for completion
of the work, the Contractor shall pay to the City or have withheld from moneys due it, the
daily sum of $500.00.
Page 6 of 14
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and actual
damage caused by the failure of the Contractor to complete the Work within the allotted
time.
The intent of this section is to emphasize to the Contractor the importance of prosecuting
the work in an orderly preplanned continuous sequence so as to minimize inconvenience
to residences, businesses, vehicular and pedestrian traffic, and the public as a result of
construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and tender
a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit
will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for
water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shutdowns of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections within
the time period allowed. The times and dates of any utility to be shut down must be
coordinated with the Engineer. It is the Contractor's responsibility to notify the affected
Page 7 of 14
businesses and residents of the upcoming water shutdown with a form provided by the
Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall obtain
the Engineer's approval of a site for storage of equipment and materials prior to arranging
for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall
take photos of the laydown area. The Contractor shall restore the laydown area to its pre -
construction condition. The Engineer may require a new base and pavement if the
pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with construction
debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP
will result in immediate cleanup by City and back -charging the Contractor for all costs
plus 15 percent. The Contractor may also receive a separate administrative citation per
Section 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.3 Haul Routes
Page 8 of 14
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations, and
orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of the
adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
In addition, steel plates on asphalt pavement shall be pinned and recessed flush with
existing pavement surface.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
The unit and lump sum bid prices for each item of work shown on the proposal shall
include full compensation for furnishing the labor, materials, tools, and equipment and
doing all the work, including restoring all existing improvements, to complete the item of
work in place and no other compensation will be allowed thereafter. Payment for
incidental items of work not separately listed shall be included in the prices shown for the
other related items of work. The following items of work pertain to the bid items included
within the Proposal:
Item No. 1 Mobilization/Demobilization/General Requirements: Work under this item
shall include, but not be limited to, all labor, tools, equipment and material costs for
providing bonds, insurance and financing, completing all necessary site surveys,
preparing and updating construction schedules as requested by the Engineer, attending
construction progress meetings as needed, and all other related work as required by the
Contract Documents and not included in other bid items. This bid item shall also include
Page 9 of 14
work to demobilize from the project site including but not limited to site cleanup, removal
of USA markings, restoration of survey markers, providing any required documentation
as noted in these Special Provisions, and any other work items not covered under other
bid items.
Item No. 2 Prepare and Implement Construction Staging: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for furnishing
and installing temporary screened construction fencing, signage, and traffic controls.
Item No. 3 Prepare and Implement Site BMP Plan: Work under this item shall include,
but not be limited to, all labor, tools, equipment, and material costs for preparing and
implementing a site BMP plan and complying with all BMP requirements as shown on the
plans and in the specifications.
Item No. 4 Demolish and Dispose of Existing Floating Docks and Piles to Facilitate
Installation of New Floating Docks: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs for removing the existing floating dock,
concrete guide piles to complete the new floating dock construction as noted on the
drawings. Cost for disposal of the dock and piles shall also be included under this bid
item.
Item No. 5 Demolish, Salvage, and Re -install Existing Miscellaneous Utilities: Work
under this item shall include, but not be limited to, all labor, tools, equipment and material
costs for removal, disposal, salvage, and re -installation of the existing utilities as noted
on the drawings. Existing floats, utilities, and other dock features which conflict with the
proposed work shall be demolished or relocated as noted.
Item No. 6 Construction Waste Management and Disposal Fees: Work under this
item shall include, but not be limited to, all labor, tools, equipment, storage fees, disposal
fees, and material costs for disposing of waste materials generated during the duration of
the work.
Item No. 7 Furnish and Install New Floating Docks: Work under this item shall include,
but not be limited to, all labor, tools, equipment, and material costs to furnish and install
new floating docks and amenities. Costs to design the dock details necessary for
construction in accordance with the contract documents shall also be included in this bid
item. Contractor shall verify that the combined floating dock and guide pile system meets
all applicable City requirements.
Item No. 8 Furnish and Install New Guide Pile (12-Inch Square): Work under this item
shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish
and install new guide piles.
Item No. 9 Furnish and Install New Guide Pile (14-Inch Square): Work under this item
shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish
and install new guide piles.
Page 10 of 14
Item No. 10 Furnish and Install Gangways: Work under this item shall include, but not
be limited to, all labor, tools, equipment, and material costs to construct gangways,
connection to the gangway landing at existing piers, and waterside gangway to floating
dock transition. This item shall include all miscellaneous plates, hardware, and fasteners
necessary to complete the work in place. Costs to design the gangway details necessary
for construction in accordance with the contract documents shall also be included in this
bid item.
Item No. 11 Provide As -Built Plans (Fixed): Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs for all actions necessary to
provide as -built drawings. These drawings must be kept up to date and submitted to the
Engineer for review prior to request for payment. An amount of $1,000.00 is determined
for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the
importance of as -built drawings.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 3-inch minimum
cover unless shown otherwise on the plans.
Page 11 of 14
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and
Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris, or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway removal
and replacement shall have a minimum trench width of 3-feet to facilitate maximum
compaction. Contractor shall meet with the Engineer to mark out the areas of roadway
removal and replacement.
Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed
of at a facility that crushes such materials for reuse. Excess soil and other recyclable
solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees for
such disposal in the appropriate bid items.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections.
Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum
depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of jackhammers
or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The
Engineer must approve final removal accomplished by other means.
PART 6 - TEMPORARY TRAFFIC CONTROL
Page 12 of 14
SECTION 600 - ACCESS
600-1 GENERAL
Ten (10) working days prior to starting work, the Contractor shall distribute construction
notices to residents within 500 feet of the project, describing the project and indicating the
limits of construction. The City will provide the notices.
Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to
the residents a second written notice prepared by the City clearly indicating specific dates
in the space provided on the notices when construction operations will start for each block
or street. An interruption of work at any location in excess of 14 calendar days shall
require re -notification. The Contractor shall insert the applicable dates and times at the
time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
600-2 VEHICULAR ACCESS
The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which shall be posted at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the
Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO PARKING
-TOW AWAY" sign in 2-inch-high non -erase letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
600-3 PEDESTRIAN ACCESS
Pedestrian access to all storefronts, offices, residences, boardwalks etc., within the limits
of work must be maintained at all times. The Contractor shall cooperate with the Engineer
to provide advance notice to any and all establishments whose access will be impacted
by construction operations, particularly sidewalk construction.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
Page 13 of 14
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, changeable message signs (CMS), and any other measures deemed necessary
by the Engineer to safely direct the public around areas of construction, and into and out
of the affected establishments. Messages for the CMS shall be updated by the Contractor
as directed by the Engineer.
601-2 TRAFFIC CONTROL PLAN (TCP)
The Contractor shall provide traffic control and access in accordance with Section 7-10
of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK
(W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following
items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum
of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the Contractor
elects to work on a street or alley during its trash collection day, it shall be the
Contractor's responsibility to make alternative trash collection arrangements by
contacting the City's Refuse Superintendent, at (949) 718-3466 and all affected
property owners.
601-3 WATERSIDE TRAFFIC CONTROL PLAN (WTCP)
Waterside traffic control should be in compliance with regulatory permits.
• Work barge may encroach into the adjacent navigation channel during the
working hours at each public pier location. After work hours each day, the work
barge may not block the navigation channel in the evening unless allowed by the
City.
• The City will coordinate with contractor on nearest available area to
moor/spud/anchor after working hours.
• Depending on size of work barge and available water space adjacent to each
float, the work barge may moor/spud alongside each float where feasible, and
outside of the navigation channel.
• It is not anticipated that any adjacent onshore moorings will need to be adjusted
or moved during construction. Contractor shall notify the City during the
preconstruction meeting if conflicts are anticipated. The City may either require
the mooring permittee to relocate their vessel or the City may hire a mooring
contractor to temporarily move the onshore mooring during construction. The City
requires 2 weeks lead time to coordinate any requests for onshore mooring
adjustments.
Page 14 of 14
APPENDIX A
REGULATORY PERMIT INFORMATION
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT
915 WILSHIRE BOULEVARD, SUITE 1109
LOS ANGELES, CALIFORNIA 90017-3409
July 1, 2024
SUBJECT: Nationwide Permit (NWP) Verification
Chris Miller
City of Newport Beach, Public Works
100 Civic Center Drive
Newport Beach, California 92660
Dear Mr. Miller:
I am responding to your request dated June 9, 2023, for a Department of the Army
(DA) permit for your proposed project, Newport Harbor Public Docks Rehabilitation (File
No. SPL-2023-00422-GS). The proposed project is located at ten public docks in
Newport Harbor, within the city of Newport Beach, Orange County, California. (Latitude
33.603332°, Longitude-117.893908').
Because construction of this project would result in a discharge of dredged and/or fill
material into waters of the U.S. and would place structures or consist of work in or
affecting navigable waters of the U.S., a Department of the Army permit is required
pursuant to Section 404 of the Clean Water Act (33 USC 1344; 33 CFR parts 323 and
330) and Section 10 of the Rivers and Harbors Act (33 USC 403). 1 have determined
your proposed project, if constructed as described in your application, would comply
with Nationwide (NWP) 3 Maintenance. Specifically, and as shown in the enclosed
figure(s), you are authorized to:
1. Temporarily impact 1002 square feet (sf) of navigable waters of the United States
to perform maintenance on the 19th Street Dock. Work includes removal of a
portion of the existing float dock to be replaced in kind, 142 (sf) of floating dock to
be removed and 104 sf of dock to be added (net reduction of dock space of 38 sf),
two existing piles to be removed and two new piles to be installed (no net increase
in number or size of piles);
2. Temporarily impact 931 sf of navigable waters of the United States to perform
maintenance on the 15th Street Dock. Work includes removal of a portion of
existing float dock to be replaced in kind, 82.5 sf of floating dock to be removed
and 64 sf of dock to be added (net reduction of dock space of 18.5 sf), one existing
pile to be removed and one new pile to be installed (no net increase in number or
size of piles);.
-2-
3. Temporarily impact 814.7 sf of navigable waters of the United States to perform
maintenance on the Fernando Street Dock. Work includes removal of a portion of
existing float dock to be replaced in kind;
4. Temporarily impact 384 sf of navigable waters of the United States to perform
maintenance on the Washington Street Dock. Work includes removal of a portion
of existing float dock to be replaced in kind, two existing piles to be removed and two
new piles to be installed (no net increase in number or size of piles);
5. Temporarily impact 425 sf of navigable waters of the United States to perform
maintenance on the M Street Dock. Work includes removal of a portion of existing
float dock to be replaced in kind, two existing piles to be removed and two new
piles to be installed (no net increase in number or size of piles);
6. Temporarily impact 425 sf of navigable waters of the United States to perform
maintenance on the Coral Avenue Dock. Work includes removal of a portion of
existing float dock to be replaced in kind, two existing piles to be removed and two
new piles to be installed (no net increase in number or size of piles);
7. Temporarily impact 425 sf of navigable waters of the United States to perform
maintenance on the Opal Avenue Dock. Work includes removal of a portion of
existing float dock to be replaced in kind, existing gangway to be replaced in kind,
two existing piles to be removed and two new piles to be installed (no net increase
in number or size of piles);
8. Temporarily impact 585 sf of navigable waters of the United States to perform
maintenance on the Emerald Avenue Dock. Work includes removal of a portion of
existing float dock to be replaced in kind,160 sf of floating dock to be added, two
existing piles to be removed and two new piles to be installed (no net increase in
number or size of piles);
9. Temporarily impact 425 sf of navigable waters of the United States to perform
maintenance on the Sapphire Avenue Dock. Work includes removal of a portion of
existing float dock to be replaced in kind, existing gangway to be replaced in kind,
two existing piles to be removed and two new piles to be installed (no net increase
in number or size of piles); and,
10. Temporarily impact 425 sf of navigable waters of the United States to perform
maintenance on the Park Avenue Dock. Work includes removal of a portion of
existing float dock to be replaced in kind, existing gangway to be replaced in kind,
two existing piles to be removed and two new piles to be installed (no net increase
in number or size of piles).
For this NWP verification letter to be valid, you must comply with all of the terms and
conditions in Enclosure 1. Furthermore, you must comply with the non -discretionary
Special Conditions listed below:
-3-
1. Within 45 calendar days of completion of authorized work in waters of the U.S., the
Permittee shall submit to the Corps Regulatory Division a post -project
implementation memorandum including the following information:
A. Date(s) work within waters of the U.S. was initiated and completed;
B. Summary of compliance status with each special condition of this permit
(including any noncompliance that previously occurred or is currently occurring
and corrective actions taken or proposed to achieve compliance);
C. Color photographs (including map of photopoints) taken at the project site
before and after construction for those aspects directly associated with
permanent impacts to waters of the U.S. such that the extent of authorized fills
can be verified;
D. One copy of "as built" drawings for the entire project. Electronic submittal
(Adobe PDF format) is preferred. All sheets must be signed, dated, and to -scale.
If submitting paper copies, sheets must be no larger than 11 x 17 inches; and
E. Signed Certification of Compliance (attached as part of this permit package).
2. The permitted activity shall not interfere with the right of the public to free navigation
on all navigable waters of the United States as defined by 33 C.F.R. Part 329.
3. No discharges of dredge or fill material is authorized by this permit.
4. Creosote treated pilings shall not be placed in navigable waters unless all of the
following conditions are met:
A. The project involves the repair of existing structures that were originally constructed
using wood products;
B. The creosote treated pilings are wrapped in plastic;
C. Measures are taken to prevent damage to plastic wrapping from boat use. Such
measures may include installation of rub strips or bumpers;
D. The plastic wrapping is sealed at all joints to prevent leakage; and
E. The plastic material is expected to maintain its integrity for at least ten years, and
plastic wrappings that develop holes or leaks must be repaired or replaced in a
timely manner by the Permittee.
5. No other modifications or work shall occur to the structure permitted herein.
6. The Permittee shall discharge only clean construction materials suitable for use in
the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand,
sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products,
hazardous/toxic/radioactive/munitions from construction or dredging or disposal
shall be allowed to enter into or placed where it may be washed by rainfall or runoff
Z�
into waters of the United States. Upon completion of the project authorized herein,
any and all excess material or debris shall be completely removed from the work
area and disposed of in an appropriate upland site.
7. The Permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work
herein authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the
free navigation of the navigable waters, the Permittee will be required, upon due
notice from the Corps of Engineers Regulatory Division, to remove, relocate, or
altter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any
such removal or alteration.
8. To ensure navigational safety, the Permittee shall provide appropriate notifications to
the U.S. Coast Guard as described below:
Local Notice to Mariners, 11 th Coast Guard District
TEL: (510) 437-2980
Email: d11 LNM@uscg.mil
Website: https://www.pacificarea.uscg.mi1/Our-Organization/District-11/Prevention-
Division/LnmRequest/
U.S. Coast Guard, District 11, LA -LB Sector
Captain of the Port (COTP)
Email: d11-SMB-SectorLALB-WWM@uscg.mil
For projects in San Diego County:
U.S. Coast Guard
Sector San Diego, Attn: LTJG Shelley Turner
2710 N. Harbor Dr.
San Diego, California 92101
Attn: Ports and Waterways Division
Tel: (619) 278-7261
Fax: (619) 278-7279
Email: Shelley. E.Turner@uscg.mil
A. The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast
Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact
information shown above), not less than 14 calendar days prior to commencing
work and as project information changes. The notification shall be provided by
-5-
email with at least the following information, transmitted as an attached Word or
PDF file:
1) Project description including the type of operation (i.e. dredging, diving,
construction, etc).
2) Location of operation, including Latitude / Longitude (NAD 83).
3) Work start and completion dates and the expected duration of
operations. The U.S. Coast Guard needs to be notified if these dates
change.
4) Vessels involved in the operation (name, size and type).
5) VHF -FM radio frequencies monitored by vessels on scene.
6) Point of contact and 24 -hour phone number.
7) Potential hazards to navigation.
8) Chart number for the area of operation.
9) Recommend the following language be used in the Local Notice to
Mariners: "Mariners are urged to transit at their slowest safe speed to
minimize wake, and proceed with caution after passing arrangements have
been made."
B. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully
damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R.
chapter I, subchapter C, part 66. Not less than 30 calendar days in advance of
operating any equipment adjacent to any aids to navigation that require relocation
or removal, the Permittee shall notify, in writing, the Eleventh U.S. Coast Guard
District and the Corps Regulatory Division. The Permittee and its contractor(s) are
prohibited from relocating or removing any aids to navigation until authorized to do
so by the Corps Regulatory Division and the U.S. Coast Guard.
C. The Permittee is prohibited from establishing private aids to navigation in
navigable waters of the United States until authorized to do so by the Corps
Regulatory Division and the U.S. Coast Guard. Should the Permittee determine the
work requires the temporary placement and use of private aids to navigation in
navigable waters of the United States, the Permittee shall submit a request in
writing to the Corps Regulatory Division and the U.S. Coast Guard.
D. The COTP may modify the deployment of marine construction equipment or
mooring systems to safeguard navigation during project construction. The
Permittee shall direct questions concerning lighting, equipment placement, and
mooring to the appropriate COTP.
9. The Permittee shall notify the Corps Regulatory Division of the date of
commencement of work in navigable waters of the United States (within 10
M
calendar days prior to the start of construction) and completion of the activity (within
10 calendar days following the end of construction) using the enclosed forms.
10. Within 30 calendar days of completion of the project authorized by this permit, the
Permittee shall conduct a post -project as -built survey indicating the location of all
new structures and their features, or the modification of structures and their
features, or post -dredge hydrographic surveys, within navigable waters. Within 45
calendar days of completion of the project, the Permittee shall forward a copy of the
survey, as well as a copy of this permit, to the Corps Regulatory Division (via email
at: Gerardo. Salas(cD-usace.army. mil), and to the National Oceanic and Atmospheric
Administration, Marine Charting Division for updating nautical charts (via email at:
ocs.ndb@noaa.gov) Post -project surveys/as-built plans should be provided
electronically in two formats:.pts (xyz) and one of, .pdf or GIS. Include the following
header metadata: project name, surveyor's name and company, area surveyed
(acres), type of survey method, date of survey, geographic control points (for
example: latitude/longitude, plane coordinates), geographic coordinate system (use
NAD83), geographic projection, units (use US Survey Feet), and tide gage location.
For all subsurface structures and dredge projects include elevation (z coordinate)
datum indicated as a negative below MLLW, and also indicate the survey system
and bin sizes as appropriate.
11. A pre -construction survey of the project area for Caulerpa sp. (Caulerpa) shall be
conducted by a certified Caulerpa surveyor in accordance with the Caulerpa
Control Protocol (see https://media.fisheries.noaa.gov/2021-12/caulerpa-control-
protocol-v5.pdf) not earlier than 90 calendar days prior to planned construction and
not later than 30 calendar days prior to construction. The results of this survey shall
be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California
Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation
of work in navigable waters. In the event that Caulerpa is detected within the
project area, the Permittee shall not commence work until such time as the
infestation has been isolated, treated, and the risk of spread is eliminated as
confirmed in writing by the Corps Regulatory Division, in consultation with NOAA
Fisheries and CDFW.
12. Prior to construction, a pre -project eelgrass survey should be conducted in
accordance with the California Eelgrass Mitigation Policy (CEMP)
(https://media.fisheries.noaa.gov/dam-migration/cemp oct 2014 final.pdf). The
results of the survey must be submitted to the Corps at least 15 calendar days prior
to the scheduled start date for work in waters of the United States. If the pre -project
survey demonstrates eelgrass presence within 25 feet of the project footprint, the
Permittee shall conduct immediate post -construction eelgrass monitoring surveys
per the mapping guidelines in NOAA Fisheries' California Eelgrass Mitigation Policy.
-7-
Permittee shall conduct two years of post -construction eelgrass monitoring at the
Emerald Avenue dock and at other docks if the immediate post -construction
eelgrass monitoring surveys indicate impacts and per the mapping guidelines in
NOAA Fisheries' California Eelgrass Mitigation Policy (Policy)
(https:Hmedia.fisheries.noaa.gov/dam-migration/cemp oct 2014 final.pdf). All
required post -construction monitoring surveys shall be submitted by the Permittee
to the Corps and NOAA Fisheries within 30 calendar days of each survey
completion date. Based upon the post -construction two-year monitoring survey
results and in accordance with the Policy, the Corps will determine the need and/or
amount of Essential Fish Habitat (EFH) mitigation required to offset adverse
impacts to such habitat. The Corps will transmit its determination to the Permittee in
writing. Within 60 calendar days of receiving the Corps' determination specifying the
need and amount of mitigation, the Permittee shall submit a draft EFH mitigation
plan to the Corps for review and approval. The EFH mitigation plan shall be
prepared in accordance with the Policy and the Corps' South Pacific Division
Regional Compensatory Mitigation Guidelines and Monitoring Requirements, dated
January 12, 2015. The Permittee shall fully implement the final EFH mitigation plan
as approved by the Corps.
This verification is valid through March 14, 2026. If on March 14, 2026 you have
commenced or are under contract to commence the permitted activity you will have an
additional twelve (12) months to complete the activity under the present NWP terms and
conditions. However, if I discover noncompliance or unauthorized activities associated
with the permitted activity I may request the use of discretionary authority in accordance
with procedures in 33 CFR part 330.4(e) and 33 CFR part 330.5(c) or (d) to modify,
suspend, or revoke this specific verification at an earlier date. Additionally, at the
national level the Chief of Engineers, any time prior to March 14, 2026, may choose to
modify, suspend, or revoke the nationwide use of a NWP after following procedures set
forth in 33 CFR part 330.5. It is incumbent upon you to comply with all of the terms and
conditions of this NWP verification and to remain informed of any change to the NWPs.
A NWP does not grant any property rights or exclusive privileges. Additionally, it
does not authorize any injury to the property, rights of others, nor does it authorize
interference with any existing or proposed Federal project. Furthermore, it does not
obviate the need to obtain other Federal, state, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions,
please contact me at (213) 321-0786 or via email at Gerardo. SalasCaD-usace.army.mil.
Please help me to evaluate and improve the regulatory experience for others by
completing the customer survey form at https://re.gulatory.ops.usace.armV.mil/customer-
service-survey/.
Sincerely,
Gerardo Salas
Senior Project Manager
Orange & Riverside Counties Section
South Coast Branch
Regulatory Division
Enclosures
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATE OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: SPL-2023-00422-GS
Name of Permittee: Chris Miller, City of Newport Beach, Public Works
Date of Issuance: July 1, 2024
Upon completion of the activity authorized by this permit and the mitigation required by
this permit, sign this certificate, and email it to Gerardo.Salas@usace.army.mil or .
I hereby certify that the authorized work and any required compensatory mitigation
has been completed in accordance with the NWP authorization, including all general,
regional, or activity -specific conditions. Furthermore, if credits from a mitigation bank or
in -lieu fee program were used to satisfy compensatory mitigation requirements I have
attached the documentation required by 33 CFR 332.3(I)(3) to confirm that the
appropriate number and resource type of credits have been secured.
Signature of Permittee Date
Fountain Valley
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Huntington Beach r
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Newport Ere-ach
Newport Beach, CA 14
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Figure 1 Project Location
6
s
d 15"' St.
Fernando St.
4- Washington 5t.
5. M St.
6 Opal Ave,
T Cural Ave.
g_ Emerald Ave.
9_ Sapphire Ave.
12 Para: Ave_
Figure 2 Locations of Public Docks to be Rehabilitated.
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Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 3 Maintenance
1. Nationwide Permit(s) NWP 3 Maintenance Terms:
3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure
o r fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or f ill is not to
be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently
authorized modification. Minordeviations in the structure's configuration orfilled area, including those due to changes in
materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety
standards thatare necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes
the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum
necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of
material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of
accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes
the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other
discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence,
within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or
tornadoes, this two-year limit may bewaived by the district engineer, provided the permittee can demonstrate funding,
contract, or other similar delays.
(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing
structures (e.g., bridges, c.ulverted road crossings, water intake structures, etc.). The removal of sediment is limited to the
minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed
when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit
does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake
structures orto maintenance dredging to remove accumulated sediments from canals associated with outfall and intake
structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United
States unless otherwise specifically approved by the district engineer under separate authorization.
(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to
conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and
minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill
material, including cofferdams, are necessary for construction activities, access fills, ordewatering of construction sites.
Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After
conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to
pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.
(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not
authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects.
Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre -construction
notification to the district engineer prior to commencing the activity (see general condition 32). The pre -construction
notification must include information regarding the original design capacities and configurations of the outfalls, intakes,
small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the
Clean Water Act (Sections 10 and 404))
Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure orfill that does
not qualify for the Clean Water Act Section 404(f) exemption for maintenance.
2. General Conditions: The following general conditions must be followed in orderfor any authorization by an NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed
and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or
other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her
authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alterthe structural work or obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disruptthe necessary life cycle movements of those species of
aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the
activity's primary purpose is to impound water. All permanent and temporary crossings of waterbod ies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic
species. If a bottomless culvertcannot be used, then the crossing should be designed and constructed to minimize
adverse effects to aquatic life movements.
3. �awnin_ Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities thatresultin the physical destruction (e.g., through excavation, fill, or downstream smothering by
substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird BreedingA. Activities in waters of the United States that serve as breeding areas for migratory birds
must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly
related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration
activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water
Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is
for the repair or improvement of public water supply intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic
system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent
practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and
location of open waters must be maintained for each activity, including stream channelization, storm water management
activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to
withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the
primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction
course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100-Year Flood plains. The activity mustcomply with applicable FEMA-approved state or local floodplain
management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be
taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in
effective operating condition during construction, and all exposed soil and other fills, as well as any work below the
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ordinary high watermark or high tide line, must be permanently stabilized at the earliest practicable date. Perm ittees are
encouraged to perform work within waters of the United States during periods of low -flow or no -flow, or during low tides.
13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent
practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas
returned to pre -construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure orfill shall be properly maintained, including maintenance to ensure
public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by
the district engineer to an NWP authorization.
15. Single and Complete Project. The activity mustbe a single and complete project. The same NWP cannot be used
more than once for the same single and complete project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system whilethe river
is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing thatthe proposed activity will not adversely affect the Wild and Scenic River designation or
study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river
officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study
status, the permittee must submit a pre -construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not
begin the NWP activity until notified by thedistrictengineerthatthe Federal agency with direct management responsibility
for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible forthe designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at:
http://www.rivers.gov/.
17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activityis authorized under any NWP which is likely to directly or indirectly jeopardize the
continued existenceof a threatened or endangered species or a species proposed for such designation, as identified
under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify
designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which
"may affect" a listed species orcritical habitat, unless ESAsection 7 consultation addressing the consequences of the
proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 forthe definition of "effects
of the action" for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further
explanation under ESA section 7 regarding "activities that are reasonably certain to occur" and "consequences caused by
the proposed action."
(b) Federal agencies should followtheirown procedures for complying with the requirements of the ESA (see 33 CFR
330.4(f)(1)). If pre -construction notification is required forthe proposed activity, the Federal permittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district
engineerwill verify thatthe appropriate documentation has been submitted. If the appropriate documentation has not
been submitted, additional ESA section 7 consultation may be necessaryfor the activity and the respective federal agency
would be responsible for fulfilling its obligation under section 7 of the ESA.
(c) Non-federal permittees must submita pre -construction notification to the district engineer if any listed species (or
species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected
or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for
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such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or
threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such
designation), the pre -construction notification must include the name(s) of the endangered or threatened species (or
species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or
critical habitat proposed for such designation) that might be affected by the proposed activity. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical
habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -
construction notification. Foractivities where the non -Federal applicant has identified listed species (or species proposed
for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the
vicinity ofthe activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided
notification thatthe proposed activity will have "no effect" on listed species (or species proposed for listing or designated
critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has
been completed. If the non -Federal applicant has not heard backfrom the Corps within 45 days, the applicant must still
wait for notification from the Corps.
(d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add
species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined
underthe ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with
"incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to
the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of
"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or
degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including
breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat
Conservation Plan fora project ora group of projects that includes the proposed NWP activity, the non-federal applicant
should provide acopy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general
condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to
determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA
section 7 consultation conducted forthe ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from
the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section
7 consultation forthe ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA
section 7 consultation forthe proposed NWP activity. The district engineerwill notify the non-federal applicant within 45
days of receipt of a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly
from the offices of the FWS and NMFS ortheirworld wide web pages at http:/twww.fws.gov/ or http://www.fws.gov/ipac
and http://www.nmfs.noaa.gov[pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsiblefor ensuring that an action authorized by
an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is
responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if
any, are necessary orappropriateto reduceadverse effects to migratory birds or eagles, including whether "incidental
take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act
for a particular activity.
20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to
properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied.
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(b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre -construction notification is required for the proposed
NWP activity, the Federal permittee must provide the district engineer with the appropriated ocumentation to demonstrate
compliance with those requirements. The district engineer will verify that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be
necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.
(c) Non-federal permittees must submita pre -construction notification to the district engineer if the NWP activity might
have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially
eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties might have the potential to be affected by
the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the
presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of
historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or
designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)).
When reviewing pre -construction notifications, district engineerswill comply with the current procedures for addressing
the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable
and good faith effortto carry outappropriate identification efforts commensurate with potential impacts, which may include
background research, consultation, oral history interviews, samplefield investigation, and/or field survey. Based on the
information submitted in the PCN and these identification efforts, the district engineer shall determine whether the
proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the
activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with
consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for
the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect.
(d) Where the non -Federal applicant has identified historic properties on which the proposed NWP activity might have the
potential to cause effects and has so notified the Corps, the non -Federal applicant shall not begin the activity until notified
by the d istrict engineer either that the activity has no potential to cause effects to historic properties or that NHPA section
106 consultation has been completed. For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NHPA section 106 consultation is
required. If NHPA section 106 consultation is required, the district engineer will notify the non -Federal applicant that he or
she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back
from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k ofthe NHPA (54 U.S.C. 306113) prevents the Corps from
granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the
NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal
power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory
Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the
adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is
required to notifytheACHPand provide documentation specifying the circumstances, the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained
from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on
tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. Permittees thatdiscover any previously unknown historic,
cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must
immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid
construction activities that may affectthe remains and artifacts until the required coordination has been completed. The
district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and
marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and
opportunity for publiccomment, additional waters officially designated by a state as having particular environmental or
ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer
may also designate additional critical resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,
21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource
waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in
accordancewith general condition 32, forany activity proposed by permittees in the designated critical resource waters
including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after
she or he determines that the impacts to the critical resource waters will be no more than minimal.
23. Miti,aq tion. The district engineer will consider the following factors when determining appropriate and practicable
mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than
minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent,
to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be
req uired to the extent necessary to ensure thatthe individual and cumulative adverse environmental effects are no more
than minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10-acre
and require pre -construction notification, unless the district engineer determines in writing that either some other form of
mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no
more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses of 1/10-acre or less
that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory
mitigation is required to ensure that the activity results in only minimal adverse environmental effects.
(d) Compensatory mitigation at a minimum one -for -one ratio will be required for all losses of stream bed that exceed
3/100-acre and require pre -construction notification, unless the district engineer determines in writing that either some
other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and provides an activity -specific waiver of this requirement. This compensatory
mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in
accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require pre -
construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects. Compensatory mitigation for
losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since
streams are difficult -to -replace resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a
requirement forthe restoration orenhancement, maintenance, and legal protection (e.g., conservation easements) of
riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the
only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should
be planted. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.
Normally, the riparian area will be25to 50feet wide on each side of the stream, but the district engineer may require
slightly wider riparian areas to address documented water q uality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if thewaterbody is a lake or coastal waters, then restoring or
maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open
waters exist on the projectsite, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/orwetlands compensation) based on what is best forthe aquatic environment on a watershed basis. In cases
9
where riparian areas are determined to be the most ap prop riate form of minimization or compensatory mitigation, the
district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable
provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory
mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the
NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in -lieu fee program
credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -lieu credits
are not available at thetime the PCN is submitted to the district engineer, the district engineer may approve the use of
permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the
authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR
330.1(e)(3)). (See also 33 CFR 332.3(f).)
(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic
resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a
mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineerto make the decision on the
NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible
mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another
federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed
compensatory mitigation project is compatible with the terms of the easement.
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan needs to address only the
baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)).
(6) Compensatory mitigation requirements (e.g., resourcetype and amountto be provided as compensatory mitigation,
site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added
to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.
For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the
loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or
restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure
that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact
requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee-responsible mitigation. When
developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options
consistentwith the framework at 33 CFR 332.3(b). Foractivities resulting in the loss of marine or estuarine resources,
permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee
programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-
responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory mitigation project, and, if required, its long-term
management.
(i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated
activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-
7
shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse environmental effects of the activity to the no more than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district
engineer may require non -Federal applicants to demonstrate that the structures comply with established state or federal,
dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that
the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure
safety.
25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously
certified complianceof an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed
discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a
water quality certification previously issued by certifying authority forthe issuance of the NWP, then the permittee must
obtain a water quality certification orwaiverfor the proposed discharge in order for the activity to be authorized by an
NWP.
(b) If the NWP activity requires pre -construction notification and the certifying authority has not previously certified
compliance of an NWP with CWAsection 401, the proposed discharge is not authorized by an NWP until water quality
certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge,
the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP
until the district engineer has notified the permittee that thewater quality certification requirement has been satisfied by
the issuance of a water quality certification or a waiver.
(c) The districtengineerorcertifying authority may require additional water quality management measures to ensure that
the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone
management consistency concurrence, an individual state coastal zone management consistency concurrence must be
obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of
the cond itions of a coastal zone management consistency concurrence previously issued by the state, then the permittee
must obtain an individual coastal zone management consistency concurrence or presumption ofconcurrence in order for
theactivityto be authorized by an NWP. The district engineer or a state may require additional measures to ensure that
the authorized activity is consistent with state coastal zone management requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been
added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the
state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is authorized,
subject to the following restrictions:
(a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage
loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit.
For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization
authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed W-
acre.
(b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the
acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage
limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project
includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for
the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United
States due to the NWP 39 and 46 activities cannot exceed 1 acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit
verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the
appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the time the property is
transferred, the terms and conditions ofthis nationwide permit, including any special conditions, will continue to be binding
on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a
signed certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological
performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will include:
(a) A statementthat the authorized activitywas done in accordance with the NWP authorization, including any general,
regional, or activity -specific conditions;
(b) A statementthat the implementation of any required compensatory mitigation was completed in accordance with the
permit conditions. If credits from a mitigation bankor in -lieu fee program are used to satisfy the compensatory mitigation
requirements, the certification must include the documentation required by 33 CFR 332.3(I)(3) to confirm that the
permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and mitigation.
The completed certification document must be submitted to the district engineer within 30 days of completion of the
authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or
permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a
U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project'), the prospective
permittee must submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An activity that
requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the
section 408 permission or completes its review to alter, occupy, or use the USACE project, and the district engineer
issues a written NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must
notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer
must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to requestthe additional information necessary to
make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule,
district engineerswill request additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the
requested information has been received by the district engineer. The prospective permittee shall not begin the activity
until either:
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(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special
conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee
has not received written notice from the district or division engineer. However, if the permittee was required to notify the
Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the
activity, or to notify the Corps pursuant tog eneral condition 20 that the activity might have the potential to cause effects to
historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is
"no effect' on listed species or"no potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation
Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified
limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or
division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of
a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the
permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity;
(4) (i) A description ofthe proposed activity; the activity's purpose; direct and indirect adverse environmental effects the
activity would cause, including the anticipated amountof loss of wetlands, other special aquatic sites, and other waters
expected to result from the NWP activity, in acres, linear feet, or other appropriate unitof measure; a description of any
proposed mitigation measures intended to reducethe adverse environmental effects caused by the proposed activity; and
any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of
the proposed project or any related activity, including other separate and distant crossings for linear projects that require
Department of the Army authorization but do not require pre -construction notification. The description of the proposed
activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine
that the adverse environmental effects of the activity will be no more than minimal and to determine the need for
compensatory mitigation or other mitigation measures.
(ii) For linear projects where one or more single and complete crossings require pre -construction notification, the PCN
must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each sing le
and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and
complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer
to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-
PCN NWP activities into NWP PCNs.
(iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP.
(Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient
detail to provide an illustrative description ofthe proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and
ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance
with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other waters on the project site, butthere may be a delay if the Corps does the delineation, especially if the project site is
large or contains many wetlands, other special aquatic sites, and otherwaters. Furthermore, the 45-day period will not
start until the delineation has been submitted to or completed by the Corps, as appropriate;
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(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed and a
PCN is required, the prospective permittee mustsubmit a statement describing how the mitigation requirement will be
satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation
should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.
(7) For non-federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or
critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is
located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s)
of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity
or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the
proposed activity. For NWP activities that require pre -construction notification, Federal permittees must provide
documentation demonstrating compliance with the Endangered Species Act;
(8) For non-federal permittees, Me NWP activity might have the potential to cause effects to a historic property listed on,
determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the
PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity
map indicating the location of the historic property. For NWP activities that require pre -construction notification, Federal
permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation
Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially
designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status,
the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and
(10) For an NWP activity that requires permission from, or review by, the Corps pursuantto 33 U.S.C. 408 because it will
alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project,
the pre -construction notification must include a statement confirming that the project proponent has submitted a written
request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The nationwide permit pre -construction notification form (Form ENG 6082)
should be used for NWP PCNs. A letter containing the required information may also be used. Applicants may provide
electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for
electronic submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies
concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to
reduce the activity's adverse environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -construction notification and result in the loss
of greater than 1/2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than
one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) NWP 54
activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in
tidal waters or the ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile
transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state
offices (FWS, state natural resource orwater quality agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer
via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site -specific comments. The
comments mustexplain why the agency believes the adverse environmental effects will be more than minimal. If so
contacted by an agency, the district engineerwill wait an additional 15 calendar days before making a decision on the pre -
construction notification. The district engineer will fully consider agency comments received within the specified time
f rame concerning the proposed activity's compliancewith the terms and conditions of the NWPs, including the need for
mitigation to ensure thatthe net adverse environmental effects of the proposed activity are no more than minimal. The
district engineer will provide no response to the resource agency, except as provided below. The district engineer will
indicate in the administrative record associated with each pre -construction notification that the resource agencies'
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concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed
immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship
will occur. The district engineerwill consider any comments received to decide whetherthe NWP 37 authorization should
be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to
NMFS within 30 calendardays ofreceiptof any Essential Fish Habitat conservation recommendations, as required by
section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction
notifications to expedite agency coordination.
3. Regional Conditions for the State of California:
1. The permittee shall submit a pre -construction notification (PCN) for all 2021 NWPs, in accordance with General
Condition 32, in the following circumstances:
a. Activities involving new bank stabilization that do not incorporate bioengineering techniques. Bioengineering
techniques include using live plants alone or in combination with dead or inorganic materials, including rock, sand,
or gravel;
b. Activities resulting in a discharge of dredged or fill material in waters of the U.S. on Tribal Lands*;
c. Activities involving the permanent channelization, realignment, or relocation of streams; and,
d. Activities that have the potential to adversely affect Essential Fish Habitat (EFH), as designated by the Pacific
Fishery Management Council. The PCN shall include an EFH assessmentand analysis of effects of the action on
EFH, in accordance with 50 C. F.R. § 600.920 (e). For Federal permittees, if a PCN is required for the proposed
activity, the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with the Magnuson -Stevens Fishery Conservation and Management Act;
2. In the desert regions of Los Angeles District (USGS Hydrologic Unit Code accounting units: Lower Colorado-150301,
Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002), the use of any NWP resulting in
greater than 0.10-acre loss** of wetlands, mudflats, vegetated shallows, or riffle and pool complexes, as defined at 40
CFR Part 230.40-45, is prohibited.
3. In the Los Angeles District, NWPs 29, 39, 42 and 43, and NWP 14 combined with any of those NWPs, cannot
authorize a loss** of waters of the United States greater than 0.25 acre Within the Murrieta Creek and Temecula
Creek watersheds in Riverside County.
4. In the Los Angeles District, all 2021 NWPsare revoked within the Special Area Management Plans areas of the San
Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County,
California. Additional information is available here: https://www.spl.usace.army.miVMissions/Regulatory/Established-
LOP-Procedures/
5. In the Los Angeles District, the permittee shall submit a pre -construction notification (PCN) for all 2021 NWPs, in
accordance with General Condition 32, in the following circumstances:
a. Activities that would result in a loss** of waters of the United States within the Murrieta and Temecula Creek
watersheds in Riverside County, California; and,
b. Activities that would result in a loss** of waters of the United States within Santa Clara River watershed in Los
Angeles and Ventura County, California, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand
Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic
Creek, Piru Creek, Sespe Creek and the main -stem of the Santa Clara River; and,
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c. Activities that would result in a loss** of waters of the United States within all watersheds in the Santa Monica
Mountains in Los Angeles and Ventura County, California, bounded by Cal leguas Creek on the west, by Highway
101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south; and,
d. Activities that would result in a loss** of waters of the United States within all perennial waterbod ies and special
aquatic sites.
`Tribal Lands" refers to any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian
tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against
alienation.
*`Loss" means waters of the United States that are permanently adversely affected by filling, flooding, excavation, or
drainage because of the regulated activity.
4. District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the
NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the
NWP verification forthat activity if it meets the terms and conditions of that NWP, unless he or she determines, after
considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects
on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an
individual permit for the proposed activity. Fora linear project, this determination will include an evaluation of the single
and complete crossings of waters of the United States that require PCNs to determine whether they individually satisfy the
terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings of waters of the
United States authorized by an NWP. If an applicant requests a waiver of an applicable limit, as provided for in NWPs 13,
36, or54, the d istrict eng ineerwill only grant the waiver upon a written determination that the NWP activity will result in
only minimal individual and cumulative adverse environmental effects.
2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and
indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects
caused by activities authorized by an NWP and whether those cumulative adverse environmental effects are no more
than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity
of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic
resources thatwill be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those
functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete
loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to
the region (e.g., watershed orecoregion), and mitigation required by the district engineer. If an appropriate functional or
condition assessment method is available and practicable to use, that assessment method may be used by the district
engineerto assist in the minimal adverse environmental effects determination. The district engineer may add case -
specific special conditions to the NWP authorization to address site -specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands or 3/100-acre of
stream bed, the prospective permittee should submita mitigation proposal with the PCN. Applicants may also propose
compensatory mitigationfor NWP activities with smaller impacts, or for impacts to other types of waters. The district
engineerwill consider any proposed compensatory mitigation or other mitigation measures the applicant has included in
the proposal in determining whetherthe netadverse environmental effects of the proposed activity are no more than
minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines
that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no
more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -
specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation
requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the
final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of
the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with
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the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer
must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure that the NWP activity results in no more than minimal adverse
environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation
proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the NWP activity can proceed under the terms and
conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than
minimal, then the district engineerwill notify the applicant either: (a) that the activity does not qualify for authorization
underthe NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized underthe NWP subject to the applicant's submission of a mitigation plan that would reduce the
adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP
with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no
more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless
additional time is required to comply with general conditions 18, 20, and/or 31), with activity -specific conditions that state
the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a
requirement that the applicant submit a mitigation plan thatwould reduce the adverse environmental effects so that they
are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur
until the districtengineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation
plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation.
5. Further Information
1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain otherfederal, state, or local permits, approvals, or authorizations required by
law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31).
6. Nationwide Permit Definitions
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-
structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require
reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term "discharge" means any discharge of dredged or fill material into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or
establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of
an aquatic habitat type ora riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or
14
riparian area type to be restored, enhanced, or establ is hed as a result of the proposed NWP 27 activity. An ecological
reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten,
intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource
function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in
aquatic resource area.
Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an
aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising
tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a
more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or
characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising
tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include
storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water
against a coast by strong winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, orotherobject
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and
that meet the National Register criteria (36 CFR part 60).
Independent utility: A testto determine what constitutes a single and complete non -linear project in the Corps Regulatory
Program. A project is considered to have independent utility if itwould be constructed absent the construction of other
projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling,
flooding, excavation, ordrainage because of the regulated activity. The loss of stream bed includes the acres of stream
bed that are permanently adversely affected by filling or excavation because of the regulated activity. Permanent adverse
effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the
bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is
a threshold measurement of the impact to jurisdictional waters or wetlands for determining whether a project may qualify
for an NWP; it is not net threshold that is calculated after considering compensatory mitigation that may be used to
offset losses of aq uatic functions and services. Waters of the United States temporarily filled, flooded, excavated, or
drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement
of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army
authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered
when calculating the loss of waters of the United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33
CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non -tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a yearwith normal patterns of precipitation has
water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic
15
vegetation within the area of flowing or standing water is either non -emergent, sparse, or absent. Vegetated shallows are
considered to be open waters. Examples of 'open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: The term ordinary high water mark means that line on the shore established by the
fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank,
shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has surface water flowing continuously year-round during a typical year.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular
activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may
be required by the terms and conditions of nationwide permit, or by regional conditions. A pre -construction notification
may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants
confirmation that the activity is authorized by nationwide permit.
Preservation: The removal ofa threat to, or preventing the decline of, aquatic resources by an action in or near those
aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic
resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
returning natural/historic functions to a formeraquatic resource. Re-establishment results in rebuilding a former aquatic
resource and results in a gain in aquatic resource area and functions.
Rehabilitation: The manipulation ofthe physical, chemical, or biological characteristics of a sitewith the goal of repairing
natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but
does not result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning
natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic
resource area, restoration is divided into two categories: re-establishment and rehabilitation.
Riffleand pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and
pool complexes sometimes characterize steep gradientsections of streams. Such stream sections are recognizable by
their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower
stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine -marine shorelines. Riparian areas are
transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects
riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian
areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general
condition 23.)
Shellfish seeding: The placementof shellfish seed and/or suitable substrate to increase shellfish production. Shellfish
seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on
shell). Suitable substrate may consistof shellfish shells, shell fragments, or other appropriate materials placed into waters
for shellfish habitat.
Single and complete linear project: A linear project is a project constructed forthe purpose of getting people, goods, or
services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbod ies at
`L
separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes
all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects
crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a
single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river,
or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such
features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the term "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of
owners/developers. A single and complete non -linear project must have independent utility (see definition of
"independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP
authorization.
Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes
of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in
land use on the aquatic environment.
Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to,
stormwater retention and detention ponds and best management practices, which retain water for a period of time to
control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous
substances and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock
or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the
ordinary high water marks, are not considered part of the stream bed.
Stream channelization: The manipulation of stream's course, condition, capacity, or location that causes more than
minimal interruption of normal stream processes. A channelized jurisdictional stream remains a water of the United
States.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidalwetland is ajurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a
predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where
the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by
other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or
individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Thoserights legally accruing to a tribe ortribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remed ies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are
permanently inundated and under normal circumstances have rooted aq uatic vegetation, such as seagrasses in marine
and estuarine systems and a variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a "water of the United States." If a wetland is adjacent to a
waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered
together as a single aquatic unit (see 33 CFR 328.4(c)(2)).
17
CALIF -IIN �-�o
Water Boards
Santa Ana Regional Water Quality Control Board
January 19, 2024
Chris Miller
City of Newport Beach Public Works
100 Civic Center Drive
Newport Beach, CA 92660
Via email: CMiller(c�newportbeachca.gov
GAVIN NEWSOM
[:OVLHNOH
YANA GARCIA
RFI:HF 'ARV FOR
ENVIRONMENTAL PROTECTION
NOTICE OF APPLICABILITY GENERAL ORDER FOR CLEAN WATER ACT
SECTION 401 CERTIFICATIONSUBJECT TO NATIONWIDE PERMIT 3A; NEWPORT
HARBOR PUBLIC DOCKS REHABILITATION (WDID NO. 302023-10)
Dear Chris Miller:
On June 9, 2023, the Santa Ana Regional Water Quality Control Board (Santa Ana
Water Board) received from the City of Newport Beach Public Works (Applicant) an
Application for Discharges of Dredged or Fill Material to Waters of the State Waste
(Application) for the Newport Harbor Public Docks Rehabilitation (Project). On August 9,
2023, Santa Ana Water Board staff determined the Project qualifies for coverage under
the General Order Clean Water Act Section 401 Certification (General Certification)
under Nationwide Permit 3a — Maintenance.
The Project is located at ten public dock locations within Newport Beach Harbor in the
City of Newport Beach in Orange County.
Dock Location
GPS Coordinates
M Street
33035'55.6"N 117052'57.4"W
Washington Street
33036'11.7"N 117°53'57.9"W
Fernando Street
33036'18.9"N 117054'09.0"W
15th Street
33036'30.1"N 117055'13.3"W
19th Street
33036'33.9"N 117055'33.6"W
Coral Avenue
33036'15.0"N 117053'33.7"W
O al Avenue
33036'17.6"N 117053'53.0"W
Emerald Avenue
33036'31.8"N 117053'54.1"W
Sapphire Avenue
33036'31.6"N 117053'36.4"W
Park Avenue
33036'20.8"N 117053'09.7"W
{PRISTINE MURRAY, CHAIR I JAYNE JOY, EXECUTIVE OFFICER
3737 Main Street, Suite 500, Riverside, CA 92501-3348 1 www.waterboards.ca.gov/santaana
Chris Miller - 2 -
Newport Harbor Public Docks Rehabilitation
January 19, 2024
Project Purpose and Description:
The Project's purpose is to restore and enhance public recreational opportunities at ten
existing docks in the City of Newport Beach.
The Project will involve the repair and/or replacement of existing floating docks, support
piles, and gangways at ten public dock locations in Newport Harbor. The docks are
owned and maintained by the City of Newport Beach. The temporary relocation of
existing utilities during construction will be required. Piles will be relocated at four dock
locations to move exterior piles to interior locations to provide additional side -tie area for
public boaters; however, there is no net increase in the number or size of piles. The
Floating dock area will be increased slightly at five dock locations (Washington, Opal,
Emerald, Sapphire, and Park locations) to increase side -tie area for public boaters and
will decrease at two locations (15th and 19t' locations); the total net increase of
overwater surface area for all docks throughout Newport Harbor is 243 square feet; the
proposed change in dock area at an individual site ranges from 38 square feet decrease
to 160 square feet increase.
Location
Net Surface Area
Increase or Decrease
(square feet
Potential Indirect
Shading Impacts to
Eel rass (square feet
19th Street
-38.0
0
15th Street
-18.5
0
Fernando Street
0.0
0
Washington Street
32.0
3.6
M Street
0.0
0
Coral Avenue
0.0
0
O al Avenue
36.0
2
Emerald Avenue
160
0
Sapphire Avenue
36.0
8.6
Park Avenue
36.0
3.3
Receiving Water: Lower Newport Bay
Filled/Excavated Area: Areas Permanently Impacted:
317.5 square feet ocean aquatic resources
Areas Temporarily Impacted:
19.6 square feet ocean aquatic resources
No compensatory mitigation is required as the Project will result in no net change of
permanent pile footprints and all other impacts are temporary in nature.
The Santa Ana Water Board is certifying the Project under U.S. Army Corps of
Engineers Nationwide Permit 3a — Maintenance, subject to the conditions and the
notification requirements described in the Nationwide Permit and the General
Certification. This Notice of Applicability is being issued under the General Certification
Chris Miller - 3 - January 19, 2024
Newport Harbor Public Docks Rehabilitation
pursuant to Section 3838 of the California Code of Regulations.
The Applicant shall submit an annual report each year on the anniversary of this Notice
of Applicability. Annual reporting shall continue until a Notice of Project Complete Letter
is issued to the Discharger. The contents of the annual report shall include a
construction summary, Project status and schedule (including ground disturbance, site
clearing and grubbing, and site construction), and the implementation status of Best
Management Practices during the active discharge period. If the Project has not started,
the Discharger shall provide an estimated start date and reasons for the delay.
A Notice of Completion shall be submitted to the Santa Ana Water Board by the
Applicant no later than 30 days after the Project has been completed. A complete
Notice of Completion shall include a map of Project locations, restoration areas and
post -Project photographs. The Notice of Completion shall demonstrate that the Project
has been carried out in accordance with the Project description as provided in the
Application. Please include the Project name and WDID No. with all future inquiries and
document submittals. Document submittals to the Santa Ana Water Board shall be
made electronically to: R138-401 Repo rting(a)-waterboards.ca.gov.
Please contact Kyle Fructuoso at Kyle. Fructuoso(a)-waterboards.ca.gov should you have
any questions.
Sincerely,
Jayne Joy, P.E.
Executive Officer
Santa Ana Regional Water Quality Control Board
cc (via electronic mail):
U.S. Environmental Protection Agency (R9cwa401(d)-epa.gov)
Corice Farrar — U.S. Army Corps of Engineers, Los Angeles District —
(Corice.J.Farrar( _)usace.army. mil)
Fernie Sy — California Coastal Commission — (Fern ie.Sy(a-)-coastal.ca.gov)
California Department of Fish and Wildlife, Region 6 (R61saCa)-wildlife. ca.gov)
State Water Board, DWQ — Water Quality Certification Unit
(Stateboard401(a_waterboards.ca.gov)
Kim Garvey — Moffat & Nichol — (KGarvey(c_moffattnichol.com)
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
7. Coral Avo.
H. F.Rw ald Aa
9, SapvhlreAve
xn. Park Aw,
Figure 1. Project Vicinity
0 -n
r�
0
- o 0
Page 1 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Figure 2. Docks with potential eelgrass shading effects.
Page 2 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project. 19th Street Dock. No Eelgrass Impacts
1051374 60513B4 6051204 6051404 6051414 6'.31424 fi051434 6051444 6051454 6051464 5051474 6051484 6051494
Figure 3. 19th Street Dock Rehabilitation
Page 3 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project. 15th Street Dock. No Eelgrass Impacts
30�706tl 6057096 MSJ106 nU53116 695J136 b:531J6 b>531A6 6A53159 605J1tl6
5th !t►ile tb' j,e Added
a
5th Street Pile to Remain
5th Street Float to be Added
315th Street Float to Remain
15tfi Street Pilo to be Removed
Q 15th Street Float to be Remov
15th Street Pik to be Repl.
.: P rt Bay Eelprass 2020
1053095 0053096 +.:•il:G 6053116 00531
Figure 4. 15th Street Dock Rehabilitation
Page 4 of 12
FT
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
Fernando Street Dock. No Eelarass Impacts
491 M4i0• "5871• lW,1E02• me roses/+ (+7�E05•
Figure 5. Fernando Street Dock Rehabilitation
Page 5 of 12
11
aasesc• a
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
Washington Street Dock Eelgrass Impacts
6059437 6059447 6059457 6059467 6055477
Figure 6. Washington Street Dock Rehabilitation
Page 6 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
M Street Dock. No Eelgrass Impacts
Figure 7. M Street Dock Rehabilitation
Page 7 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
Coral Avenue Dock. No Eelgrass Impacts
i.r.a r ni.ve nrs r.ra ncn i+o� .no rOtltltlt� tlW13:
Legend
Coral Ave Pile to be removed
Coral Ave Pile to be added
Coral Street Eelgrass Added By CRM April 2022
Coral Avenue Float to remain in place -�
Newport Bay Eelgrass 2020
f�
L
1
i
i
-- - --
S
6041S/i
Figure 8. Coral Avenue Dock Rehabilitation
Page 8 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
Opal Avenue Dock Eelgrass Impacts
i-)?F7' I-S 1,7 r:'o,z r, n•.,,: ., 71V tq 11,
Figure 9. Opal Avenue Dock Rehabilitation
Page 9 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
Emerald Avenue Dock. No Eelgrass Impacts
'81 6M 9Tyt 6^'i_..I 9099MI 695982' 5MBE i_a1
Figure 10. Emerald Avenue Dock Rehabilitation
Page 10 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
Sapphire Avenue Dock. Eelgrass Impacts
Figure 11. Sapphire Avenue Dock Rehabilitation
Page 11 of 12
Newport Harbor Public Docks Rehabilitation
Attachment A
WDID # 302023-10
Newport Beach Public Dock Replacement Project.
Park Avenue Dock Eelgrass Impacts
Figure 12. Park Avenue Dock Rehabilitation
Page 12 of 12
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CALIFORNIA 90802-4830
PH (562) 590-5071
WWW.COASTAL. CA. GOV
GAVIN NEWSOM, GOVERNOR
Page 1
January 10, 2024
Permit Application Number: 5-23-0506
COASTAL DEVELOPMENT PERMIT
On December 14, 2023, the California Coastal Commission granted to the City Of
Newport Beach Public Works Department this permit subject to the attached
Standard and Special conditions, for development consisting of repair and 243 sq. ft.
net addition to 10 existing, public dock systems in various locations throughout,
more specifically described in the application filed in the Commission offices.
The development is within the coastal zone at 10 dock systems in and over the
waters of Newport Harbor, Newport Beach, Orange County.
Issued on behalf of the California Coastal Commission by:
Kate Huckelbridge, PhD
Executive Director
fftl�X ��w
Chloe Seifert
Coastal Program Analyst
ACKNOWLEDGMENT:
The undersigned permittee acknowledges receipt of this permit and agrees to abide by
all terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part of that: "A Public entity is not liable for injury caused by the
issuance... of any permit..." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE
PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO
THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a).
January 11 2024 �'' /, l
Date. ry Signature / ,��
Page 2
January 10, 2024
Coastal Development Permit
5-23-0506
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the permittee or
authorized agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development shall be
pursued in a diligent manner and completed in a reasonable period of time. Application
for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and conditions of the
permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
1. Submittal of Final Plans. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit, for the review
and written approval of the Executive Director, two full-size sets of
project plans that substantially conform with the project plans titled
"Citywide Public Dock Rehabilitation" received by Commission staff on
November 17, 2023. The permittee shall undertake development in
conformance with the approved final plans unless the Commission
amends this permit or the Executive Director provides a written
determination that no amendment is legally required for any proposed
minor deviations.
2. Eelgrass Survey(s).
A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be
completed prior to the beginning of construction and shall be valid until the next
Page 3
January 10, 2024
Coastal Development Permit
5-23-0506
period of active growth. The survey shall be prepared in full compliance with the
"California Eelgrass Mitigation Policy" dated October 2014 (except as modified
by this special condition) adopted by the National Marine Fisheries Service
(NMFS) and shall be prepared in consultation with the California Department of
Fish and Wildlife (CDFW). The applicant shall submit the eelgrass survey for the
review and approval of the Executive Director within five (5) business days of
completion of each eelgrass survey and in any event no later than fifteen (15)
business days prior to commencement of any development. If the eelgrass
survey identifies any eelgrass within the project area which would be impacted
by the proposed project, the applicant shall undertake mitigation pursuant to the
Final Eelgrass Mitigation and Monitoring Plan approved by the Executive
Director.
B. Post -Construction Eelgrass Survey. If any eelgrass is identified in the project
area or the 10 meter buffer area by the pre -construction survey required by
Subsection A of this condition, within 30 days of completion of construction, or
within the first 30 days of the next active growth period following completion of
construction that occurs outside of the active growth period, the applicant shall
survey the project site and the 10 meter buffer area to determine if any eelgrass
was adversely impacted. The survey shall be prepared in full compliance with
the CEMP adopted by NMFS (except as modified by this special condition), and
in consultation with the CDFW. If side -scan sonar methods are to be used,
evidence of a valid permit from CSLC must also be provided prior to the
commencement of each survey period. The applicant shall submit the post -
construction eelgrass survey for the review and approval of the Executive
Director within thirty (30) days after completion of the survey. If any additional
eelgrass has been adversely impacted beyond the area of impacted identified in
the pre -construction eelgrass survey, the applicant shall replace the impacted
eelgrass at a minimum final 1.38:1 ratio on -site (mitigation: impact), or at
another location, in accordance with the CEMP. Any exceptions to the required
1.38:1 minimum final mitigation ratio found within the CEMP shall not apply.
Based on past performance of eelgrass mitigation efforts, in order to achieve
this minimum, the appropriate regional initial planting ratio provided in the
CEMP should be used. Implementation of mitigation to ensure success in
achieving the minimum final mitigation ratio (1.38:1) shall require an amendment
to this permit or a new coastal development permit unless the Executive
Director provides a written determination that no amendment or new permit is
required.
3. Pre -construction Caulerpa Sp. Survey.
A. Not earlier than 90 days nor later than 30 days prior to commencement or re-
commencement of any development authorized under this coastal development
Page 4
January 10, 2024
Coastal Development Permit
5-23-0506
permit (the "project"), the applicant shall undertake a survey of the project area
and a buffer area at least 10 meters beyond the project area to determine the
presence of the invasive alga Caulerpa sp. The survey shall include a visual
examination of the substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water
Quality Control Board, CDFW, and NMFS.
C. Within five (5) business days of completion of the survey, the applicant shall
submit the survey:
for the review and approval of the Executive Director; and
to the Surveillance Subcommittee of the Southern California Caulerpa
Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be
contacted through CDFW at (858) 467-4218) or NMFS at (562) 980-4043.
D. Prior to initiation of any authorized Bottom Disturbing Activity within an Infected
System, two surveys, initiated not less than 60 days apart, shall be conducted
within the project APE. The first survey shall be conducted using High Intensity
Level techniques and the second survey shall be conducted using Eradication
Area Level techniques. Both surveys shall be conducted within the same High
Growth Period. Deviations from this condition may be considered on a case -by -
case basis by the appropriate regulatory agency in consultation with NMFS and
CDFW.
E. At least one survey shall be conducted within 45 days of initiation of an
authorized Bottom Disturbing Activity (a "Pre -Act Survey"). This survey could be
the second (Eradication Area Level) survey conducted during the High Growth
Period. However, project delays may require that a third survey be conducted
prior to initiation of the Bottom Disturbing Activity in order to meet this 45-day
requirement. If a third survey is required, this survey shall be conducted at either
a High Intensity Level or Eradication Area Level as determined by NMFS/CDFW
Contacts based upon site circumstances and proximity to infestations. To
determine appropriate survey level, please contact the NMFS/CDFW Contacts
with project specific information.
F. If Caulerpa species is found within the project or buffer areas, the applicant shall
not proceed with the project until:
The applicant provides evidence to the Executive Director, subject to
concurrence by the Executive Director, that all Caulerpa sp. discovered
within the project and buffer area has been eliminated in a manner that
Page 5
January 10, 2024
Coastal Development Permit
5-23-0506
complies with all applicable governmental approval requirements, including
but not limited to those of the California Coastal Act, or
ii. The applicant has revised the project to avoid any contact with Caulerpa
species. No revisions to the project shall occur without a Coastal
Commission approved amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally
required.
4. Construction Responsibilities and Debris Removal. By acceptance of this
permit, the permittee agrees to comply with the following construction related
requirements:
A. No demolition or construction materials, equipment, debris, or waste shall be
placed or stored where it may enter sensitive habitat, receiving waters or a
storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion;
B. Any and all debris resulting from demolition or construction activities, and any
remaining construction material, shall be removed from the project site within 24
hours of completion of the project;
C. Demolition or construction debris and sediment shall be removed from work
areas each day that demolition or construction occurs to prevent the
accumulation of sediment and other debris that may be discharged into coastal
waters;
D. Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone;
E. If turbid conditions are generated during construction a silt curtain will be utilized
to control turbidity;
F. Floating booms will be used to contain debris discharged into coastal waters
and any debris discharged will be removed as soon as possible but no later
than the end of each day;
G. Non buoyant debris discharged into coastal waters will be recovered by divers
as soon as possible after loss;
H. All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day;
I. The permittee shall provide adequate disposal facilities for solid waste, including
excess concrete, produced during demolition or construction;
Page 6
January 10, 2024
Coastal Development Permit
5-23-0506
J. Debris shall be disposed of at a legal disposal site or recycled at a recycling
facility. If the disposal site is located in the coastal zone, a Coastal Development
Permit or an amendment to this permit shall be required before disposal can
take place unless the Executive Director determines that no amendment or new
permit is legally required;
K. All stock piles and construction materials shall be covered, enclosed on all
sides, shall be located as far away as possible from drain inlets and any
waterway, and shall not be stored in contact with the soil;
L. Machinery and equipment shall be maintained and washed in confined areas
specifically designed to control runoff. Thinners or solvents shall not be
discharged into sanitary or storm sewer systems;
M. The discharge of any hazardous materials into any receiving waters shall be
prohibited;
N. Spill prevention and control measures shall be implemented to ensure the
proper handling and storage of petroleum products and other construction
materials. Measures shall include a designated fueling and vehicle maintenance
area with appropriate berms and protection to prevent any spillage of gasoline
or related petroleum products or contact with runoff. The area shall be located
as far away from the receiving waters and storm drain inlets as possible;
O. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs)
designed to prevent spillage and/or runoff of demolition or construction -related
materials, and to contain sediment or contaminants associated with demolition
or construction activity, shall be implemented prior to the on -set of such activity;
and
P. All BMPs shall be maintained in a functional condition throughout the duration of
construction activity.
5. Best Management Practices (BMPs) Program. By acceptance of this
permit, the permittee agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a
manner that protects water quality pursuant to the implementation of
the following BMPs.
A. Boat Cleaning and Maintenance Measures:
In -water top -side and bottom -side boat cleaning shall minimize the discharge
of soaps, paints, and debris;
Page 7
January 10, 2024
Coastal Development Permit
5-23-0506
In -the -water hull scraping or any process that occurs under water that results
in the removal of paint from boat hulls shall be prohibited. Only detergents
and cleaning components that are designated by the manufacturer as
phosphate -free and biodegradable shall be used, and the amounts used
minimized; and
B.Solid and Liquid Waste Management Measures:
All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water, absorbent
materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene
and mineral spirits shall not at any time be disposed of in the water or gutter
but, rather be disposed of in a manner consistent with state and/or federal
regulations.
C.Petroleum Control Management Measures:
Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and fuel
discharges. Oil absorbent materials shall be examined at least once a year
and replaced as necessary. Used oil absorbents are hazardous waste in
California. Used oil absorbents must therefore be disposed in accordance
with hazardous waste disposal regulations. The boaters shall regularly
inspect and maintain engines, seals, gaskets, lines and hoses in order to
prevent oil and fuel spills. The use of soaps that can be discharged by bilge
pumps is prohibited;
If the bilge needs more extensive cleaning (e.g., due to spills of engine
fuels, lubricants or other liquid materials), the boaters will use a bilge pump -
out facility or steam cleaning services that recover and properly dispose or
recycle all contaminated liquids; and
iii. Bilge cleaners which contain detergents or emulsifiers will not be used for
bilge cleaning since they may be discharged to surface waters by the bilge
pumps.
6. Resource Agencies. The permittee shall comply with all requirements, requests
and mitigation measures from CDFW, the Regional Water Quality Control Board;
the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service with
respect to preservation and protection of water quality and the marine environment.
The permittee shall consult with CDFW prior to transplant of eelgrass, shall obtain a
Scientific Collecting Permit if the Department deems such permit required, and shall
provide evidence of the approved permit to the Executive Director prior to
Page 8
January 10, 2024
Coastal Development Permit
5-23-0506
transplant of eelgrass. Any change in the approved project that may be required by
the above -stated agencies shall be submitted to the Executive Director in order to
determine if the proposed change shall require a permit amendment pursuant to
the requirements of the Coastal Act and the California Code of Regulations.
7. Public Rights and Public Trust. The Coastal Commission's approval of this
permit shall not constitute a waiver of any public rights that exist or may exist on the
property. The permittee shall not use this permit as evidence of a waiver of any
public rights that may exist on the property now or in the future.
CITYWIDE PUBLIC DOCK REHABILITATION
CONTRACT NO. 9557-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day
of September, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and JILK HEAVY
CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 500 S
Kraemer Blvd Suite 380, Brea, CA 92821 , 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 has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of installing a new floating,
dock, dock support piles, access gangway, and gangway platform. Existing utilities
and other features are to be protected in place unless noted to be replaced (the
"Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 9557-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of One Million Two Hundred Ninety Six Thousand Dollars
($1,296,000.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. 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 David Van Wagner 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.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
6.1 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
Jilk Heavy Construction, Inc. Page 2
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq. ).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, 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.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: David Van Wagner
Jilk Heavy Construction, Inc.
500 S Kraemer Blvd Suite 380
Brea, CA 92821
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of 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
Jilk Heavy Construction, Inc. Page 3
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) 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 as Exhibit B and incorporated herein by reference; and
(2) 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 as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment 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.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and 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.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
Jilk Heavy Construction, Inc. Page 4
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
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. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers 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 Work required
hereunder, or for damage to property from any cause arising from the performance of the
Jilk Heavy Construction, Inc. Page 5
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 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 Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (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, attorneys'
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, reckless, 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 for any or all of them).
16.4 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 attorneys' 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 Contractor.
16.5 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.
16.6 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.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
Jilk Heavy Construction, Inc. Page 6
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. 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.
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 previously paid.
Jilk Heavy Construction, Inc. Page 7
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 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 agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 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.
20.6 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.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 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, State of
California.
20.9 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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
Jilk Heavy Construction, Inc. Page 8
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Jilk Heavy Construction, Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date: `ll7-Z2,�22y
By: . C' �7,,
f�-✓Aaron C. Harp at.0 -z-ti
City Attorney "'e
ATTEST:
Date:/-
Leilani I. Brown
City Clerk PO
CITY OF NEWPORT BEACH,
a California Vnicipal corporation
Date: A7/t- 2 i
By: �ifil
Will O'Neill
Mayor
CONTRACTOR: Jilk Heavy Construction,
Inc., a Cafifor is corporation
Date/9 113 /.419
By:
JejFmiah T. Jilk
C ief Financial Officer,
w RT
' "� vn [END OF SIGNATURES]
r
J_
CALIr-0%"
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
retary
Jilk Heavy Construction, Inc. Page 10
Executed as Duplicate Original
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. WCN7465795
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of Califomia, has awarded to Jilk
Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for: The
work necessary for the completion of this contract consists of installing a new floating
dock, dock support piles, access gangway, and gangway platform. Existing utilities and
other features are to be protected in place unless noted to be replaced. 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 fumishing 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,
Old Republic Surety Company duly authorized to
transact business under the laws of the State of Califomia, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One
Million Two Hundred Ninety Six Thousand Dollars ($1,296,000.00) 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 attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of Califomia.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the Califomia Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Jilk Heavy Construction, Inc. Page A-1
required by and in accordance with the provisions of Sections 9500 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 13th dW of September , 20 24
Jilk Heavy Construction, Inc.
Name of Contractor (Principal) A horized Sig
Old Republic Surety Company
Name of Surety
PO BOX 1635
Milwaukee, Wl 53201
Address of Surety
262-797-2640
Telephone
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:_ I'JUIZ.4
By:
A00n C. Harp q.u, •Vk
Ci y Attorney
Agent
Martha Barreras, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Jilk Heavy Construction, Inc. Page A_2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On SEP 13 2024 , before me, Albert Melendez Notary Public,
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(K) whose name(s) is/ate
subscribed to the within instrument and acknowledged to me that ke/she/thky executed the same
in hi6/her/tkir authorized capacity(ixs), and that by his/her/their signature(so on the instrument
the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
ALBERT MELENDEZ
Notary Pubtic - California WITNESS my hand and official seal.
Orange County >_
Commission ; 2391461
My Comm, Expires jar 23, 2026
SIGNATURE
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date:
Signer(s) Other than Named Above:
er of Pages:
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
Erik Johanson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Martha Barreras
Jonathan Batin, Zyanya Hernandez, Vanessa Ramirez of Tustin, CA
its true and lawful Attorneys) -in -Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed (if a seat be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF
affixed this 27th
OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
_ day of August 2024
J
- ,4 -
O
O
OOPPOAATF-.
SEAL
O --
A
2
As -- nt Secretai
-
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
OLD REPUBLIC SURETY COMPANY
414-
President
On this 27th day of August 2024 personally came before me, Alan Pavlic
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
sty N. M1ye
.'•QL81,G. Notary Public
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
SUR(ri"
740053 = o SEAL ; - Signed and sealed at the City of Brookfield, WI this
z;
ORSC 22262 (3-06)•
day of
September 2024
l�AS.crel,
OLD
REPUBLIC SURETY COMPANY
T- 1*101-21-- 1-1)'
This addendum pertains to the bond(s) to which it is attached and that
have been issued on behalf of Old Republic Surety Company_
OldRepublic Surety Company considers the electronic image of the
following corporate seal that is affixed to the bond(s) to be of the same
effect as if the seal was physically stamped or impressed onto the
bond(s).
All terms and conditions (--)f the bond(s) remain UrIchanged-
Signed and effective. this twelfth day of klay, 22020.
Old RZb7
_ ,rety Company
By -
Alan Pavlic, President
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of CalifRrnia
County ofSS.
On ,��-f;nc- - /4 , 20 ZS before me,
Notary Public, personally appeared --T Ilk -
who proved to me on the basis of satisfactory evidence to be the person(ar) whose name(z) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ios), and that by his/hoer/their signatures(s) on the instrument
the person(,$), 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 thipt the foregoing
paragraph is true and correct. *my
ANNA LISA PAILA
Notary Public • Califoriia
WITNESS my hand and official seal. Orange County
Commission k 24872Comm. Expires May 14, 2028
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On , 20 before me, ,
Notary Public, personally appeared ,
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)
N° 5410
V
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Certificate of Authority
Tars Is m Qm=, That, pursuant to the Insurance Code of the State of California,
Old Repul3lic Surety Company
Of Brookfield, Wisconsin , organized under the
laws of Wisconsin , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the following classes of insurance:
SURETY, LIABILITY and MISCELLANEOUS
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
Tars CE RTmcATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as tong as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
Lv Wrrwf:ss WrmEoF, effective as of the-14th _day
Of- Dece:nh�er , 19 90 , I have hereunto set
my hand and caused my official seal to be affixed this 14th _
day pf December 19 90 _
Un
E
Qualification with the Secretary of State must be accomplished as required by the California CorporatioJW Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701
and will be grounds for revoldng this Certificate of Authority pursuant to the covenants made in the application
therefor and the conditions contained herein.
ACTION BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
JILK HEAVY CONSTRUCTION, INC.
The undersigned, as members of the Board of Directors
of Jilk Heavy Construction, Inc., a California corporation, and
being all of the members of such Board as presently constituted,
do by this writing consent to take the following action and adopt
the following resolution effective November 15, 2019:
RESOLVED, that JAMES F. JILK, as Chief
Executive Officer of the corporation, and
JEREMIAH T. JILK, as Secretary and Chief
Financial Officer, are each individually,
as officers of the corporation, authorized
on behalf of the corporation to submit
bids, execute bonds (including, but not
limited to, bid bonds, performance bonds,
payment bonds, and warranty bonds), enter
into and execute contracts (including change
orders), and take such other acts or actions,
and execute such other documents as may be
necessary for the corporation's normal
construction operations.
This action is executed pursuant to the provisions of
Section 307(b) of the California Corporations Code and Article
III, Section 13 of the Bylaws of this corporation, which
authorize the taking of action by the directors of the
corporation without a meeting. This document is directed to be
filed with the minutes of the proceedings of the corporation.
JOSHffl-
ck
Executed as Duplicate Original
Premium Subject to Change Based
on Final Contract Price
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NOYVCN7465795
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $10,970.00 , being at the
rate of $ First $500K charged $10.00/m Next $2.OM charged $7.50/m thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to ,milk
Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for: The
work necessary for the completion of this contract consists of installing a new floating
dock, dock support piles, access gangway, and gangway platform. Existing utilities and
other features are to be protected in place unless noted to be replaced. in the City of
Newport Beach, in strict conformity with the Contract on fife 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 Old Republic 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 One
Million Two Hundred Ninety Six Thousand Dollars ($1,296,000.00) 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
specified, 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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
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 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 13th day of September ,20 24
Jilk Heavy Construction, Inc. \.
Name of Contractor (Principal) A t orized
Old Republic Surety Company
Name of Surety Authori e Agent SignatureJ
BOX 1635
kee, WI 53201
ty
797-2640
TO FORM:
EY'S OFFICE
`t
rP
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
S
PO
Milwau
Address of Sure
262-
Telephone
APPROVED A
CITY ATTORN
Date: 9f� L
By: �10 A A
on A a
cVy Attorne
r`
Print Name and Title
o=
o SEAL,
Martha Barreras, Attorney -In -Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange j
On SEP 13 2024 , before me, Albert Melendez Notary Public,
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(K) whose name(X) is/Ae
subscribed to the within instrument and acknowledged to me that hic/she/tlivy executed the same
in hiG/her/their authorized capacity(ixs), and that by his/her/their signature(so on the instrument
the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
ALBERT MELENDEZ
Notary Public -California
Orange County
Commission = 2391461 —
My Comm. Ex7ires Jar 23. 2026
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNATURE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date:
Number of Pages:
Signer(s) Other than Named Above: \
* *
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
Erik Joharnsson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Martha Barreras
Jonathan Batin, Zyanya Hernandez, Vanessa Ramirez of Tustin, CA
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and seated by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and seated (if a seal be
required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and seated (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,
affixed this 27th
OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
_ day of August 2024
0�`'sortET4.. OLD REPUBLIC SURETY COMPANY
a° o
LpR90RFTE '. O %
SEAL
As - nt
Secretai
�
President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 27th day of August 2024 , personally came before me, Alan PaVlic
and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
pua`:
Notary Public
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not Invalidate this instrument)
1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
0Jr SURETY..
1V¢ LORVORAiF -CO
:: 13th
74 0053 ; SEAL > = Signed and sealed at the City of Brookfield, WI this
,o t�
ORSC 22262 (3-06)
day of September 2024
4.rst Secret
REPUBIAC SURETY COMPANY
44i S Mout].ju l Ro_id.. Suitt 200, Btookfictd. %% 1 4;3t,, � T its'-' 1--1-'- ., .. %%ti !.,._ L!. ,
This addendum pertains to the bond(s) to which it is attached and that
have been issued on behalf of Old Republic Surety Company_
told Republic Surety Company considers the electronic image of the
following corporate seal that is affixed to the bond(s) to be of the same
effect as if the .seal was physically stamped or impressed onto the
bond(s).
All terms and conditions of the bond(s) remain unchanged_
Signed and effective this twelfth day of May, 2020.
Old tie ubll rety Company
By_
Alan Pa0c, President
e
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
Coun of OIL" ss.
On enthw `, 2dZ 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the persons) whose name( is/aye
subscribed to the within instrument and acknowledged to me that he/sire/they executed the same
in his/her/their authorized capacity(iee), and that by hlsfljerftheir signatures(s,) on the instrument
the person(sy), or the entity upon behalf of which the person(sr) 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.
*my
ANNA USA PAIDWITNESS my hand and official seal.Nota OrangesCounty ifornuCommission 8 2487207
Comm. Expires May 14, 2028
Sig re (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of 3 ss.
On , 20 before me,
Notary Public, personally appeared ,
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)
Jilk Heavy Construction, Inc. Page A-3
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
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 Contract, 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 Commissionerto 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 providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California. U.S.
Longshoremen's and Harbor Workers' Act (USL&H) shall be required for
employees performing services covered by said Act.
In addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with California law 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 City
Council, boards and commissions, officers, agents, volunteers and
employees. 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 and
employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/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 five million dollars ($5,000,000) per
occurrence, ten million dollars ($10,000,000) general aggregate and ten
million dollars ($10,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
Jilk Heavy Construction, Inc. Page C-1
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
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than five million dollars ($5,000,000)
combined single limit for each accident.
D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance
or an installation floater as directed by City, covering damages to the Work
for "all risk" or special causes of loss form with limits equal to 100% of the
completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. Proceeds payable under the above insurance shall be fully payable
to the City as Loss Payee.
E. Watercraft Liability. Consultant shall maintain watercraft liability including
Protection and Indemnity with minimum limits of two million dollars
($2,000,000) each occurrence and in the aggregate, Jones Act for
employees performing services under said Act, and Water Pollution
Liability. Water Pollution Liability shall be provided for both sudden and
accidental and gradual and continuous pollution events with limits no less
than two million dollars ($2,000,000) each loss and in the aggregate. The
policy shall not exclude any hazardous materials for which there is
exposure.
F. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability of
no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy
period. Claims -made policies require a 10-year extended reporting period.
The CPL policy shall include coverage for cleanup costs, third -party bodily
injury and property damage, including loss of use of damaged property or
of property that has not been physically injured or destroyed, resulting from
pollution conditions caused by contracting operations. Coverage as
required in this paragraph shall apply to sudden and non -sudden pollution
conditions resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other
irritants, contaminants, or pollutants. The CPL shall also provide coverage
for transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
Jilk Heavy Construction, Inc. Page C-2
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
G. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
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 Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees,
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.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, pollution
liability, and automobile liability, if required, shall provide or be endorsed to
provide that City, its elected or appointed officers, agents, officials,
employees, volunteers shall be included as additional insureds under such
policies.
C. Primary and Non -Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees,
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Jilk Heavy Construction, Inc. Page C-3
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. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements 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
Contract. 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 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. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) 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 Contract 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 Exhibit A 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
Jilk Heavy Construction, Inc. Page C-4
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 proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. 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 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.
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
Contract, 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 Contract, 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.
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 agreement relating to City or its operations limits the application of
such insurance coverage.
Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with 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 with five (5) calendar days of the expiration of the coverages.
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