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C-8111-1 - Big Canyon Restoration Project Contract
September 12, 2018 Environmental Construction, Inc. Attn: Farid Soroudi 21550 Oxnard Street, Suite 1050 Woodland Hills, CA 91367 Subject: Big Canyon R6storation Project*=C- 8/ I/—/ Dear Mr. Soroudi: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fnx newportbeachca.gov On September 12, 2017, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 13, 2017 Reference No. 2017000389035. The Surety for the contract is Vigilant Insurance Company and the bond number is 8238-00-88. Enclosed is the Faithful Performance Bond. Sincerely, Ov4l� '' Leilani I. Brown, MMC City Clerk Enclosure E uted in two originals PREMIUM IS FOR THE CONTRACT TERM...dD IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE W40al 719-3 CITY OF NEWPORT BEACH BOND NO. 8238-00-88 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 18,355.00 being at the rate of $ 14.00 per thousand 'of the Contract price. ` for the first $500k and $8.70 per thousand for the next $2mm WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. See Section 7-7.1 for a suggested project phasing guide to reduce the threat of mass erosion during a storm event. The general components of the project are: 1) project preparation; 2) stormwater capture and treatment; 3) dryweather flow capture and treatment; 4) floodplain improvement and habitat restoration; and 5) miscellaneous components. The work associated with project preparation includes preparing a stormwater pollution prevention plan ("SWPPP") and implementing erosion control measures; performing construction surveying; clearing and grubbing; stockpiling woody material for mulching; identifying and removing trees if any are infected with polyphagous shot hole borer; stockpiling top soil; grading and constructing temporary surface water diversions or controlling groundwater if needed. The work associated with the stormwater capture and treatment includes: constructing stormwater drainage piping and structures to Capture stormflows from Jamboree Road, including installing a water quality unit; installing piping to rout storm flows into a bioretention cell infiltration system which includes a biofiltration soil mixture amended with compost; and installing outlet piping. The work associated with the dryweather flow capture and treatment includes: constructing clean water bypass manhole and piping from the golf course, including both underground and above ground piping sections with anchoring system; constructing a concrete stilling pool just downstream of the existing culvert under Jamboree Road, along with concrete embankment slope protection and stilling basin end wall; constructing an inlet within the stilling basin to divert the seep flow into an area enclosed by a retaining wall that contains a clarifier and a flow meter contained in a manhole, and then into a OCSD sanitary sewer line. The work associated with the floodplain improvement and habitat restoration includes: constructing vegetated soil revetments along the creek channel; constructing boulder step-downs within channel; extending a potable water line and constructing a temporary irrigation system; performing site restoration work including adding soil amendments, re -vegetation and hydroseeding; and performing plant establishment and maintenance. The work associated with miscellaneous components includes: installation of crushed miscellaneous base ("CMB") and decomposed granite on access roads and trail ramp; and constructing an access road entry and gate off of Jamboree Road, 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. Environmental Construction, Inc. Page B-1 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. Vigilant Insurance NOW, THEREFORE, we, the Principal, and 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 Seven' Dollars and 00 1100 ($1,782,230.00 ) 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. 'Hundred Eighty Two Thousand Two Hundred Thirty 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. (SIGNATURES ON NEXT PAGE] Environmental. Construction, Inc. Page B-2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th day of September 20 16 . Environmental Construction, Inc. Name of Contractor (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212)612-4000 Telephone APPROVED AS TO FORM: CITY Date: By: -G–� Aaron C. Her City Attorney OFFICE WA 04MV11V 6L9 Aijt6orize Sig rerritle Authorized Agent Signature Shawn Blume, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Environmental Construction, Inc. Page B-3 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 5,6W %7,4C11 1� ) 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) 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 Calif rnia County of sem' y ss. On cj — / 20/� before me, /%l,;�i✓ Sl�lf' , 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 foregoing paragraph is true and correct. WITNESS my hand and official seal un o , e t a ifornia that the ..,,,,,, ALANSAFAEI Commission # 2008404 en _m Notary Public - California z Los Angeles County Jdr^ My r omm. Expires Feb 23, 2017 (seal) Environmental Construction, Inc. Page B-4 CALIFORNIA ALL-PURPOSE 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 County of orange ) On t before me, Barbara Copeland Notary Public, personally appeared Shawn Blume Name(s) of Signer(s) 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/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/henkheir signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. BARBARA COPEI,µ CommiatWo O Z ' �r ROMry Faille Orange Cawny � �,�,�,^� Dram. Expires Apr 19, 2017+ Place Notary Seal 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: Signature otNotary Public — - — _-- -- _— — — — OPTIONAL -- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Shawn Blume ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 �1 Chubb PvOVER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road `J Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Kevin Cathcart, Eric Lowey, Stephanie Hoang and Mark Richardson of Costa Mesa, California --------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bags) given or executed in the course of business, and any instruments amending a altering the awe, and consents to the modification a alteration of any inatrument referred to in sold bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPAtY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed INIrIrcco\rp//orratteol\seats /onthis 29 dayof April, 2015. Otim M. Chlorot Secretary �JrV,��Pr.� s$y� Ji / t� a i� •se R STATE OF NEW JERSEY as. County of Somerset On this 29th day or April, 2015 before me, a Notary Public of New Jersey, personalty came Dawn M. Chlaos, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power ofAttomey, and the said Dawn M. Chlorce, being by me duty swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal a KATHERINEJ.O NEW rl;e� NOTARY PUBLIC OF NEW JERSEY - No. 2316665 Commission Expires July 16, 2019 Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon gra Company with inspect to any bond or undertaking to which It is attached.' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies') do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United Stales of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren, NJ this September 15, 2016 Dawn M. Cnknos, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT ADDRESS Form 1610-0225&U GEN CONSENT (rev. 12-14) November 17, 2017 Environmental Construction, Inc. Attn: Farid Soroudi 21550 Oxnard Street, Suite 1050 Woodland Hills, CA 91367 Subject: Big Canyon Restoration Project C-8111-1 Dear Mr. Soroudi: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca.gov On September 12, 2017 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 13, 2017, Reference No. 2017000389035. The Surety for the bond is Vigilant Insurance Company and the bond number is 8238-00-88. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure p•=mium listed on performance bond =ted in two originals EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 8238-00-88 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. See Section 7-7.1 for a suggested project phasing guide to reduce the threat of mass erosion during a storm event. The general components of the project are: 1) project preparation; 2) stormwater capture and treatment; 3) dryweather flow capture and treatment; 4) floodplain improvement and habitat restoration; and 5) miscellaneous components. The work associated with project preparation includes preparing a stormwater pollution prevention plan ("SWPPP") and implementing erosion control measures; performing construction surveying; clearing and grubbing; stockpiling woody material for mulching; identifying and removing trees if any are infected with polyphagous shot hole borer; stockpiling top soil; grading and constructing temporary surface water diversions or controlling groundwater if needed. The work associated with the stormwater capture and treatment includes: constructing stormwater drainage piping and structures to capture stormflows from Jamboree Road, including installing a water quality unit; installing piping to rout storm flows into a bioretention cell infiltration system which includes a biofiltration soil mixture amended with compost; and installing outlet piping. The work associated with the dryweather flow capture and treatment includes: constructing clean water bypass manhole and piping from the golf course, including both underground and above ground piping sections with anchoring system; constructing a concrete stilling pool just downstream of the existing culvert under Jamboree Road, along with concrete embankment slope protection and stilling basin end wall; constructing an inlet within the stilling basin to divert the seep flow into an area enclosed by a retaining wall that contains a clarifier and a flow meter contained in a manhole, and then into a OCSD sanitary sewer line. The work associated with the floodplain improvement and habitat restoration includes: constructing vegetated soil revetments along the creek channel; constructing boulder step-downs within channel; extending a potable water line and constructing a temporary irrigation system; performing site restoration work including adding soil amendments, re -vegetation and hydroseeding; and performing plant establishment and maintenance. The work associated with miscellaneous components includes: installation of crushed miscellaneous base ("CMB") and decomposed granite on access roads and trail ramp; and constructing an access road entry and gate off of Jamboree Road, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or Environmental Construction, Inc. Page A-1 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, vigilant insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of one Minion seven' Dollars and 00 1100 ($ 1,782,230.00 ) 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. • Hundred Eighty Two Thousand Two Hundred Thirty 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 California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as 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. [SIGNATURES ON NEXT PAGE] Environmental Construction, Inc. Page A-2 IN WITNESS WHEREOF, this named Principal and Surety, on the _ Environmental Construction, Inc. Name of Contractor (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212)612-4000 Telephone APPROVED AS TO FORM: instrument has been duly executed by the above 15th day ofSeptember20 16 Au orized Sig /Title �- Authori�zed Agent Signature CITY ATTORNEY'S OFFICE Date: 0 3 l By: Aaron C. Harp v<M oalsrlty City Attorney Shawn Blume, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Environmental Construction, Inc. Page A-3 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 See Attached ) 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) 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 Calif rnia County of a 1/1,4 7V-1 ' Ll ss. On a -iti 20X( before me, �Cn% Si}FFA Notary Public, personally appeared t"ei'<(i) 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 foregoing paragraph is true and correct. WITNESS my hand acid official seal. Signature 4 laws af_tgqShe_gf California that the ALAN SAFAEI * Commission # a ;3 Notary Public - Calif2008404ornia D z `�• Los Angeles County My Comm. Expires Feb 23, 2017 (seal) Environmental Construction, Inc. Page A-4 CALIFORNIA ALL-PURPOSE 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 County of Oran ge ) On 4A me, Barbara Copeland Notary Public, personally appeared Shawn Blume Name(s) of Signer(s) 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/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/herf heir 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 BARBARA COPELAND laws of the State of California that the foregoing OMy Commission/2018348g g r rte, paragraph is true and correct. Noisry Putitk • ctuforni4Orange County Comm. Expires Apr 19.2017 WITNESS my hand and official seal. n Signature: r Signature offotary Public Place Notary Seal Above OPTIONAL -- -- - - — — - -- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Shawn Blume ❑ Individual ❑ Corporate Officer - Title(s):_ ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s):_ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 Chubb PuWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road `J Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 k� N Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Kevin Cathcart, Eric Lowey, Stephanie Hoang and Mark Richardson of Costa Mesa, California -------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bands and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the curse of business, and any instruments amending or afteling the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested them �presents �and (\affixed their corporate seals on this 29 dayof April, 2015.r Davin M.iChforos, Assistant Secretary 0 assi STATE OF NEW JERSEY 5a. County of Somerset On this 29th day of April, 2015 before me, a Notary Public of New Jersey, personalty came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which exeuled the foregoing Power of Attomey, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by euthodty of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that she Is acquainted with David B. Noma, Jr., and knows him to be Vice President of said Companies; and that the signature of David S. Norris, Jr., subscribed to said Power of Attomey is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By. Laws and in deponent's presence. Notarial Seal pDj+ViY KATHERINEELAAR / L��?2'—" �a� x NOTARY PUBLIC OF NEW JERSEY 6 PUBII No. 2316685 O NNotary Public Commission Expires July 10, 2019 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, panted or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached.' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 Of the United Stales of America and the District of Columbia and are authorized by the U.S. Treasury Department; fuller, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in, Guam, Puerto Rico, and each or the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attomey is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren, NJ this September 15, 2016 Dawn M. Chloros, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS SOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS Fmm15-10-022M-U GENCONSeNT(mv. 12-14) Document -3 948724 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIRI I1111111111111111111111111111111111IIJI11111111111111111111 NO FEE �$ R 0 0 0 9 5 5 8 1 3 5$* 2017000389035 2:34 pm 09113117 90 SCS N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Environmental Construction, Inc., Woodland Hills, California, as Contractor, entered into a Contract on September 13, 2016. Said Contract set forth certain improvements, as follows: Big Canyon Restoration Project C-8111-1 Work on said Contract was completed, and was found to be acceptable on September 12. 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Vigilant Insurance Company. BY zz-�_410 Pu lic o cs Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on�1%IVY at Newport Beach, California. M about:blank 09/13/2017 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Environmental Construction, Inc., Woodland Hills, California, as Contractor, entered into a Contract on September 13, 2016. Said Contract set forth certain improvements, as follows: Big Canyon Restoration Project C-8111-1 Work on said Contract was completed, and was found to be acceptable on September 12, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Vigilant Insurance Company. 0 BY ` Public Wo s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r Y Executed on \�{�� ��✓ ��� at Newport Beach, California. CITY CLEpK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 11:00 AM on the 23rd day of August, 2016, at which time such bids shall be opened and read for BIG CANYON RESTORATION PROJECT Contract No. 8111-1 $ 1,900,000 Engineer's Estimate Approved b MarK Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Bidders are invited to attend an optional pre-bid meeting at the project site on August 1, 2016 at 10:00 a.m. Please contact Project Manager Bob Stein at 949-644-3322 to RSVP. Hard copy plans are available from Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classifications required for this project. "A" and "C27" For further information, call Bob Stein, Project Manager at (949) 644-3322 City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONSTO BIDDERS...................................................................................... 3 BIDDER'S BOND.. .......... ..... ...... .... ... .. ..... ... -.1 . . .................. I ............ .. . ... - 6 DESIGNATION OF SUBCONTRACTOR(S)...................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ... ..... ... ... ................. ......... - 10 NON -COLLUSION AFFIDAVIT.....................................................................14 DESIGNATIONOF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ................................................... 16 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICETO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND.......................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 INSTRUCTIONS TO BIDDERS 1. City staff will conduct a site visit on August 1, 2016 at 10 a.m. for interested contractors to review site conditions, areas for staging, borrow, and stockpiling, locations of the proposed facilities and piping, and limits of grading and restoration. The site visit is optional. Interested contractors should contact the project manager, Bob Stein, 949-644-3322, to RSVP and obtain instructions for parking. 2. 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 DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info 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 (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 Date (Bid Due Date.) 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, 2 n 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. 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, 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 seq. 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. 0 The signature below represents that the above has been reviewed. � ROzy , A +A-2 Contractor's License No. & lassific tion Autharized Signaturefritle DIR Reference Number & xpiration Date Date Bidder 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 '�,. . . _-z. .. . .... tiv ,."S'.y, . - ...'"'-� ��C, ir�ry£a,�(+:,Yw^+'.rCr.,txr.:�."'� i<efi•: .'.s'k„' _-"'yid. .'.�C 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 �16S i% ) On 1'-23 - 2.v4 -before me, Mx -d r L.uzr7r 2i r f�uE �, -i Date Here Insert Name and Title of the ffrcer personally appeared Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoq(<whose name(s)' is/are subscribed to the within instrument and acknowledged to me that he/,shel/ hdy executed the same in his/her/their authorized capac1ty.0a<and that by his/berttfjeir'signatumw on the instrument the person or the entity upon behalf of which the persons} acted, executed the instrument. - p.LAN C'ArAldl sir % Uomirisskrn C 2000404 �L ilolsl"y Vublic - Call(or01u Los Anclelss Cmmiy tyly roinm. Expires Feb 23, 2171714 Place Notary Seal Above Description of Attached Document 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 Sigr of Notary Public Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner- o Limited o General o Individual o Attorney in Fact o Trustee o Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner- o Limited o General o Individual ❑ Attorney in Fact ❑ Trustee o Guardian or Conservator o Other: Signer is Representing: © 2014 National Notary Association www.NationalNotary.oro' 1-800-USNOTARY (1-800-876-6827) Item #5907 City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 81.11-1 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 attached bid amount Dollars ($ 10.0% of bid ), to be paid and forfeited to the City of Newport Beach K the bid proposal of the undersigned Principal for the construction of BIG CANYON RESTORATION PROJECT, Contract No. 8111-1 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 am 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 17th day of August , 2016. Environmental Construction, Inc. Name of Contractor (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212)612-4000 Telephone Authefted SignaturaMtlef- Autlhdrized Agent gnature Stephanie Hoang, Attorn J -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 ACKNOWLEDGMENT ............. MMMM...... reser•... a.... am........ ami State of Calornia Countyof eeAttached }ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscrilbed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacity(ies), and that by histher/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 err.am.... MM...Ma..... ....... a.. oPT/oNAL 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 Chem here if Capacity of Signer, no lhumbprim _ Trustee or fingerpHnl _ POwer of Attorney Is avallable. _ OEO / CFO / COO _ President I Vice -President I Secretary / Treasurer _ Other' Other Information: ACKNOWLEDGMENT ..................................................... State of Ca ria County of ss. On before me, Public, personally appeared Notary 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 ..................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number -of Pages in Document Document in a Foreign Language Type of Salisfactory Evidence: _ Piersonally Known with Paper Identification Raper Identification Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO/CFOIC00 _ Resident I Vice -President/ Secretary / Treasurer Other Other Information: Thumbprint of Signer 0 checkhereir no ihumbprinr or Ingerprini is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 County of On 9-17- 2W before me, Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personX whose nameK is/are subscribed to the within instrument and acknowledged to me that helca7611hey executed the same in his/lWtW authorized capacity(1e<and that by his/her/their signatur on the instrument the personW,, or the entity upon behalf of which the persorr (Wacted, executed the instrument. Place Notary Seal Above Description of Attached Document Title or Type of Document: 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,5�2 4,,, ' Signat e of Notary Public Document Date: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's o Corporate Officer — Title(s): o Corporate Officer — Title(s): o Partner- o Limited ❑ General o Partner- c Limited ❑ General o Individual o Attorney in Fact o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: c Other: Signer is Representing: Signer is Representing: Y .. @2014 National Notary Association * www.NationalNotarv.org * 1-800-USNOTARY (1-800-876-6827) Item #5907 e.a Commission # 2008404 Notary Public - Califnmia a Los Angeles County " My Comm Expires Feb 23, 2017 Place Notary Seal Above Description of Attached Document Title or Type of Document: 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,5�2 4,,, ' Signat e of Notary Public Document Date: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's o Corporate Officer — Title(s): o Corporate Officer — Title(s): o Partner- o Limited ❑ General o Partner- c Limited ❑ General o Individual o Attorney in Fact o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: c Other: Signer is Representing: Signer is Representing: Y .. @2014 National Notary Association * www.NationalNotarv.org * 1-800-USNOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE 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 County ofAran e yy ) On `� 1u before me, Barbara Copeland Notary Public, personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) 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(ics), and that by his/ber/their signatures) on the instrument the person(-&), or the entity upon behalf of which the person(--) acted, executed the instrument. I certify under PENALTY OF PERJURY under the BARBARA CDPELAND laws of the State of California that the foregoing Commission 12016348 paragraph is true and correct. Notary Public • C$Ntonm Orange County £ WITNESS my hand and official seal. My Comm. Expires Apr 19, 2017 t Signature: cJ l Signature of ary Public Place Notary Seal Above OPTIONAL -.______--___________----------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: [--]Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road `J Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 101iJY Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Kevin Cathcart, Eric Lowey, Stephanie Hoang and Mark Richardson of Costa Mesa, California -------- each as their true and lawfut Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to Me modification or alteration of any instrument refened to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPAJY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested Mese presents and affixed their corporate �seals on�this ®29 Jday ofApril, 2015. _ ��D can M. hloros, Assistant Secretary gaN B. Noms, Jr., Vke Pres�M� +rsesrAi �.�� Owl 1* STATE OF NEW JERSEY Ss. County of Somerset On this 29th day of April, 2015 before me, a Notary Public of New Jersey, personally came Dawn M. Chkxos, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloride, being by me duly swum, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such Corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Noma, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Noms, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David B. Noms, Jr., and was thereto subscribed by authority of mid By- Laws and in deponents presence. Notarial Seal ti 1►OTApy KATHERINE E R O N NOTARY PUBLIC OF NEW JERSEY PUBIC No. 2318885 Commission Expires July 18, 2019 Notary Public g CERTIFICATION Extract from the By. Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers. Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such pourer so executed and ceniffed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is hue and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (Ili) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this August 17, 2016 Dawn M. Chloros, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF ACLAIM, VERIFY THE AUTHENTICITY OF THIS BONO OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US ATADDRESS Fonrl510-0225B-U GEN CONSENT( rev. 12-14) City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 DESIGNATION OF SUBCONTRACTOR(S) 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 following subcontractors 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. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: & G' Ap i C A .fir%VK5j Address: 9Df .O(ar?)G°/no/fe 4w. 2q / (Fne, Sr n, -4 QOI Phone: 'moo,f �arfia G %riGY 714 - -72t- 9174 bP //A State License Number: (D D'3 Z O 30k /.0 S F DIR Reference: 167,:5100 .2114 31 Email Address: C loee,r% G h1eA1fon f •Cos - Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address Bidder Authorized Signaturerritle City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 DESIGNATION OF SUBCONTRACTOR(S► State law requires the listing of all subcontractors who will perform work in an amount in excess c one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represent: that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution c subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Publi( Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for ani monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors haw been used in formulating the bid for the project and that these subcontractors will be used subject to thL 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. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number. DIR Reference: Email Address Bidder Authorized Signature/Title City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidder's Name t nUiiu��v��n � �Viul� L����1 _K 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 $15,000, provide the following information: No.1 Project Name/Number 1" t�fj-eenny /' "/z lot a fer-1 - Project Description 11y k C�htfracl/e,' Approximate Construction Dates: From// To: Lie,-. /Z �In �ti�✓�++SS Agency Name `^Jan 'OV/0 nal Peso Contact Person We!ki )Yvct Telephone 9Z 2 3 Original Contract Amount $ 2' I?�ZafFinal Contract Amount $ N/A 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. 10 No.2 J // / ,^� Project Name/Number Cy v mA S h P" k Yr9/rd 04 3 _ 2v rs_ a6 Project Description Pu ✓ Con S fid, 7 1v A Approximate Construction Dates: From nn S/��w/ To: /VO✓_ lf, �r 1��rJ�rtl) Agency Name /2un� Srmr Ce"KeA ron I )0Aik bic�'(lc7 Contact Person %Om je alAncP Telephone (947q u_ / _ 4422 Original Contract Amount $-44gLginal Contract Amount $ IyIA If final amount is different from original, please explain (change orders, extra work, etc.) N/4 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.3 �t- ,f a / L t Project Name/Number `7'1431 e 5/lrGt' �Ar {Z an, 1 Pall/"r k '5e'40/(4g� Project Description Pm., /I cohSd"-t4v-� ar 0 S�JC D nc�oDo w(/ Approximate Construction Dates: From II /?O4-� To: in pi � 1� S 4— 151p hl. 0•) Agency Name Contact Person k-rno Y � 4 Telephone (3p1) 37o/ Original Contract Amount $^FT inal Contract Amount $ r/1/4 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. /A/ U 11 No. 4 Project Name/Number Project Description ti/ew �c t k f1o^ Approximate ConstructionDates: From ��tt h 4r, -4r, -Zoll To: ni`r'U� 7a /Z Agency Name /cnnclo <;meg-on L Yaiii 1'lfkeI Contact Person Tom E✓cvnce Telephone (7?o f 4 - 4 G ZL Original Contract Amount $t,S�Ladfinal Contract Amount $ 1, �g Ooo If final amount is different from original, please explain (change orders, extra work, etc.) 17 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.S 11 Y Z Lf.11lR lYS/2i6-6�1 Project Name/Number o! n V SF' C1l PC a o / R � Project Description AAlek- FI, -,JZ _ AAtk CohsilvcA&^ Approximate Construction f 1Dates: From )DPc 15 To:4 /4 i, �%roJrrSS� Agency Name Plyeol7i� � _ ar 6a (15 0 Contact Person D aye JAla &e ✓ Telephone (7/4) 293- 1,4A Original Contract Amount $S 9 final Contract Amount $ A/A 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. 12 No. Jr1 1 f /% r; ✓ ri✓3 D 3 Project Name/Number dSo (°ee-r_ Project DescriptionAr� mon)/✓oh. Tlo� S.0 %�G✓e%Uontn Approximate Construction Dates: From Sun e ?of5To: HA Agency Name Contact Person VA A bLn< 7,c�Telephone (qkq) 362-43 Original Contract Amount $ 3� Final Contract Amount $ G .no � 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 e lCn n Project Description PA, cv� s pt'e bo , >A ✓/fovs �li k Lew Approximate Construction Dates: From 1, 2 o/,ri To: �2d- 20l t Agency Name Contact Person ,l A o k r L.5 to in Telephone (04) 30b-32-71` Original Contract Amount $-3,,�nal Contract Amount $ ]�, 9oa.000 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. 12 No.j U, " � Project Name/Number �u,15d = iat �1 Project Description Y", Pm i k Co n c ✓✓i U r o`t Approximate Construction Dates: From T✓ , /G o: 1)e!4 14 Agency Name Contact PersonA✓r,,5 f a /i�Telephone (fq j) 3rf S -G94 Z Original Contract Amount $f�,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. 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 financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Au rued Sigq9ture7TftIe 13 Miguel Macias 13925 Prichard St., La Puente, CA.9.1367 818.822.0700 m iguelmacias33(Wrasn.com CON57'ittlCnON MANAGER/SUPERINTENDENT EXPERIENCE More than 16 years in construction supervision, including takeoffs, estimating, budgeting, contracting, and purchasing. Experience in full on-site construction management and land development; effectively schedule, monitor, and inspect all work from start to customer orientation. Work effectively with architects, engineers, developers, subcontractors, inspectors, city officials, and agent representatives. EMPLOYMENT Environmental Construction, Inc., Woodland Hills, CA 1193 -Present Superintendent Responsible for native, habitat restoration projects. Schedule, monitor, and inspect all work from start to customer orientation. Safety Officer, bilingual (English / Spanish) • Sunset Ridge Park - 3/14 • Marshland Joint Water Pollution Plant - 6/07 • Narco Channel Facility - 11/06 • Stephen Sorensen Park -4/05 • Moreno Valley School District - 6/04 Bullet Construction, Burbank, CA 9/90-12/92 Concrete Foreman Schedule, monitor, and inspection ofjobsite. Layouts, pouring, finishing, estimating and purchasing. • Residential Foundation Construction, Carson, CA Leadman ! Laborer Concrete decking EDUCATION Jordan High School, Watts, CA 1989 Completed management development programs Scheduling and Management for Project Managers SWPPP's City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 NON -COLLUSION AFFIDAVIT State of California County of S (ks`s (i GF t being first duly sworn, depRRses ands ys tha,�e-�gr she is of�uilMrY enA-Jti tClttle`}3arty making the foreg ing 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 State of California that the foregoing is true and correct. Bidder Authqrrzed Signandr itle 7- Subscribed and sworn to (or affirmed) before me on this 3 day of ✓iillf j-r20JS2Ca by % { J) `e-A''vGW) / 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. ,.PI , a �i^` r�f1101111i JII 200,94011 ,..l S i [SEAL] i uJ Nur., ry F u'llu . C.IIPunva bif, , 1lrhs county �, comm €xplrr,s Feu 2J,7017' -fnl 14 f. Notary Public My Commission Expires: Yr C, ;J 1 City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 DESIGNATION OF SURETIES Bidder's name L-Ay;(60w)fn�Crt CtnS4rLCRCY1. --vl)C. 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): Wa Qx) , 01. U-C�q 9+a - Ut ,� -�-coov Pi nnaGcfJ�Ctr�,� 5 �itScr-anc� .ir�S fact n� s�q C �I`f -5Y& ---�5/tact 15 City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 6 VrrZ1r+M.e,n -�Ct I ibn5+VUC_4161 MC . Record Last Five (5) Full Years Current Year of Record 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. 16 Current Record Record Record Record R+201iTotal Year of for for for for Record 2015 2014 2013 2012 2016 No. of contracts /, —i 't' '� Total dollarAmount Cntractsf(in �$��8t533 ��/�S(G' 1iD / Thousands of $ No. of fatalities C? C� No. of lostC] Workday Cases C-) Ci C t] No. of lost workday cases involving - > t permanent l 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. 16 Legal Business Name of Bidder E 11Vr'n%� /Y\PYITu i (S FiZIt� rr1,C Business Address: ,ZiS5C>C111 r/ Business Tel. No.: 5.366, yc(g X39-1'0 tF+3Ce- State Contractor's License No. and Classification: A8zie, N1 -t -Z, ,S,3 Title Ffirr . The above information was compiled from the records that arevailabl�t 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 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 City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name t—11Uir�eya{�n� it7/�5�2(! >!ret�1� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature lo-^IOLLO City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 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:v�m�' Name of individual Contractor, Company or Corporation: (n,-�Unly`evq, n -Ir . Business Address:�itSSP1 >(,jrno24 54 -tYI O /Ic,(-A-gJ34-4 Telephone and Fax Number: &;W'(219222 / 2'/d' A3907 3 California State Contractor's License No. and Class: Li19WaH, A, (REQUIRED AT TIME OF AWARD) Original Date Issued: C112:21 SiP Expiration Date: fit' 3{',yQi 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: 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 '�, o��i•5(�G>rna�` C-�-•-;�tLS� ��'C�-y`f�le{'%`j.0 (rCiDc�iGi�lGlhfr tfj� (.Q- Corporation organized organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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: Provide the names, addresses and telephone numbers of the parties; �OOKC Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ev r failed to complete a project? If so, explain. 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 lab,,����ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes /tv 20 Are any claims or actions unresolved or outstanding? Yes No 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._ tarid �tfn tot C (Print name of Owner or President 'Er'&t?Aof Corporation/Company CAnsA,uC-;� on, 1jy !c' Bidder Aythbrized l Signa` tyre itle Zsi�Eevri" Title LAS-- `a32 7�I?910 Date on g*- 2 3 Z -ell before me, %%l>n `-r 1/����r Notary Public, personally appearedF4 „' s,' 'e ol 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 Stale of California that the foregoing paragraph is true and correct. WITNESS my hand and, official seal Notary Public in and, for said State C _ 7 My Commission Expires If {, p Z / 21 (SEAL) � It j'�;rz A A,A� 1.1,'0 Corrnni nor �, >OOda(1� NoNr} PlifAc - Galifnrni . Los Anr lax Coun� f'iY Comm E lnr¢, Feb 21, 2017 ., City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned 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. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Countyofo css On Z -- 2 n/t before me, 9zwAS/�iz/ e, r'iurT�r21s /%ti��c l Date Here Insert Name and Title grthb Officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)-whose namew is/Are subscribed to the within instrument and acknowledged to me that he/,sh'% y executed the same in his(pel`Itbeifautholtzed capacity(ies), and that by his/h4r/ter signature(s)-on the instrument the person(s , or the entity upon behalf of which the persons) acted, executed the instrument. Place Notary Seal Above Description of Attached Document Title or Type of Document: Number of Pages: 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. Signatur� Signat e of Notary Public Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner- ❑ Limited ❑ General o Individual o Attorney in Fact ❑ Trustee o Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): a Partner- o Limited o General ❑ Individual o Attorney in Fact o Trustee ❑ Guardian or Conservator o Other: Signer is Representing: Cd 2014 National Notary Association ww .NationalNotary.org1-800-USNOTARY (1-800 76-6827) Item #5907 ALAN SAFALI tj} Camnussmn h" 2003407 r' No[a y Public-Mluornia- Los Angeles 1 ouniy - My Comm. Expires Feb 23, 2017!( tit Place Notary Seal Above Description of Attached Document Title or Type of Document: Number of Pages: 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. Signatur� Signat e of Notary Public Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner- ❑ Limited ❑ General o Individual o Attorney in Fact ❑ Trustee o Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): a Partner- o Limited o General ❑ Individual o Attorney in Fact o Trustee ❑ Guardian or Conservator o Other: Signer is Representing: Cd 2014 National Notary Association ww .NationalNotary.org1-800-USNOTARY (1-800 76-6827) Item #5907 BIG CANYON RESTORATION PROJECT CONTRACT NO. 8111-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 13th day of September, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ENVIRONMENTAL CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 21550 Oxnard Street, Suite 1050, Woodland Hills, California 91367, 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 the following items and all other incidental work items necessary to complete the work in place. See Section 7-7.1 for a suggested project phasing guide to reduce the threat of mass erosion during a storm event. The general components of the project are: 1) project preparation; 2) stormwater capture and treatment; 3) dryweather flow capture and treatment; 4) floodplain improvement and habitat restoration; and 5) miscellaneous components. The work associated with project preparation includes preparing a stormwater pollution prevention plan ("SWPPP") and implementing erosion control measures; performing construction surveying; clearing and grubbing; stockpiling woody material for mulching; identifying and removing trees if any are infected with polyphagous shot hole borer; stockpiling top soil; grading and constructing temporary surface water diversions or controlling groundwater if needed. The work associated with the stormwater capture and treatment includes: constructing stormwater drainage piping and structures to capture stormflows from Jamboree Road, including installing a water quality unit; installing piping to rout storm flows into a bioretention cell infiltration system which includes a biofiltration soil mixture amended with compost; and installing outlet piping. The work associated with the dryweather flow capture and treatment includes: constructing clean water bypass manhole and piping from the golf course, including both underground and above ground piping sections with anchoring system; constructing a concrete stilling pool just downstream of the existing culvert under Jamboree Road, along with concrete embankment slope protection and stilling basin end wall; constructing an inlet within the stilling basin to divert the seep flow into an area enclosed by a retaining wall that contains a clarifier and a flow meter contained in a manhole, and then into a OCSD sanitary sewer line. The work associated with the floodplain improvement and habitat restoration includes: constructing vegetated soil revetments along the creek channel; constructing boulder step-downs within channel; extending a potable water line and constructing a temporary irrigation system; performing site restoration work including adding soil amendments, re- vegetation and hydroseeding; and performing plant establishment and maintenance. The work associated with miscellaneous components includes: installation of crushed miscellaneous base ("CMB") and decomposed granite on access roads and trail ramp; and constructing an access road entry and gate off of Jamboree Road (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. 8111-1, 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 Seven Hundred Eighty Two Thousand Two Hundred Thirty and 001100 Dollars ($1,782,230.00). Environmental Construction, Inc. Page 2 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 Miguel Macias 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 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and 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.). 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. Environmental Construction, Inc. Page 3 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Farid Soroudi Environmental Construction, Inc. 21550 Oxnard Street Suite 1050 Woodland Hills, CA 91367 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 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, Environmental Construction, Inc. Page 4 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 Consultant 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 Consultant on the Project. 11. PROGRESS Consultant 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 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 Agreement, the services to be provided under this Agreement 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 Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. 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 Environmental Construction, Inc. Page 5 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 and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services 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 Project and/or Services 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 and/or Services, 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, volunteers and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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' Environmental Construction, Inc. Page 6 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. 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. Environmental Construction, Inc. Page 7 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'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 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. 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 Environmental Construction, Inc. Page 8 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. 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. Environmental Construction, Inc. Page 9 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] Environmental Construction, Inc. Page 10 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: CITYATT�S OFFICE Date: W Aaron C. HarpCity Attorney ATTEST: l0 1� I rn Date: ` ( By: &L .� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipalcorporation Date: / � . / . / ,h i.�Woq�, e .— CONTRACTOR: ENVIRONMENTAL CONSTRUCTION, INC., a California corporation Date: By`' Fa ' Soroud' P esident & Secretary [END OF SIGNATURES] -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Environmental Construction, Inc. Page 11 Premium listed on performance bond Executed in two originals EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 8238-00-88 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. See Section 7-7.1 for a suggested project phasing guide to reduce the threat of mass erosion during a storm event. The general components of the project are: 1) project preparation; 2) stormwater capture and treatment; 3) dryweather flow capture and treatment; 4) floodplain improvement and habitat restoration; and 5) miscellaneous components. The work associated with project preparation includes preparing a stormwater pollution prevention plan ("SWPPP") and implementing erosion control measures; performing construction surveying; clearing and grubbing; stockpiling woody material for mulching; identifying and removing trees if any are infected with polyphagous shot hole borer; stockpiling top soil; grading and constructing temporary surface water diversions or controlling groundwater if needed. The work associated with the stormwater capture and treatment includes: constructing stormwater drainage piping and structures to capture stormflows from Jamboree Road, including installing a water quality unit; installing piping to rout storm flows into a bioretention cell infiltration system which includes a biofiltration soil mixture amended with compost; and installing outlet piping. The work associated with the dryweather flow capture and treatment includes: constructing clean water bypass manhole and piping from the golf course, including both underground and above ground piping sections with anchoring system; constructing a concrete stilling pool just downstream of the existing culvert under Jamboree Road, along with concrete embankment slope protection and stilling basin end wall; constructing an inlet within the stilling basin to divert the seep flow into an area enclosed by a retaining wall that contains a clarifier and a flow meter contained in a manhole, and then into a OCSD sanitary sewer line. The work associated with the floodplain improvement and habitat restoration includes: constructing vegetated soil revetments along the creek channel; constructing boulder step-downs within channel; extending a potable water line and constructing a temporary irrigation system; performing site restoration work including adding soil amendments, re -vegetation and hydroseeding; and performing plant establishment and maintenance. The work associated with miscellaneous components includes: installation of crushed miscellaneous base ("CMB") and decomposed granite on access roads and trail ramp; and constructing an access road entry and gate off of Jamboree Road, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or Environmental Construction, Inc. Page A-1 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, vigilant Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of one Million Seven* Dollars and 00 1100 ($1,782,230.00 ) 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. * Hundred Eighty Two Thousand Two Hundred Thirty 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 California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of 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. [SIGNATURES ON NEXT PAGE] Environmental Construction, Inc. Page A-2 IN WITNESS WHEREOF, this named Principal and Surety, on the Environmental Construction, Inc. Name of Contractor (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212)612-4000 Telephone instrument has been duly executed by the above 15th day of September 20 16 Au orized Sig (Title . Authoriz�ed Agent Signature APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 0 3 l6 By: C� Aaron C. Harp wM o+Isrlw City Attorney Shawn Blume, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Environmental Construction, Inc. Page A-3 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 See Attached ) 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) 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 Califpprnia /� County of pla � ) ss. On 9 —/t— 20/o/ before me, W49y Notary Public, personally appeared ly42il) S•t%0-00jfj , 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 foregoing paragraph is true and correct. hand ayfd official seal. fhP_layc_s_ Qf_the S, ateof California that the ALANSAFAEI Y Com"'I"io # 2008404 Notary Public - California z Los Angeles County 10y Comm. Expires Feb 23, 2097 (seal) Environmental Construction, Inc. Page A-4 CALIFORNIA ALL-PURPOSE 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 County of O ange ) On I before me, Barbara Copeland Notary Public, personally appeared Shawn Blume Name(s) of Signers) 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/sheithey executed the same in his/her/their authorized capacity(ies), and that by his/herMxir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. BARBARA COPELAND Commission 120/0346 a; w :fit No1>n1r Pont • CaNprW Orange County ' My Comm. Expires Apr 19, 2017 Place Notary Seal 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: Signature otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Shawn Blume ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road `J Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby Constitute and appoint Shawn Blume, Kevin Cathcart, Eric Lowey, Stephanie Hoang and Mark Richardson of Costa Mesa, California--- — each as their tme and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other Man bail bonds) given or executed in bre course of business, and any instruments amending or altering the same, and consents to the modificagon or alteration of any instrument referred to in said bonds or obligations. In witness Whereof, said FEDERAL INSURANCE COMPAWY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY haw: each executed and attested these presents and affixed their Corporate sears on this 29 day of April, 2015. Dawn M Chloros, Assistant Secretary pails. Norris. Jr., Vice Premi M '-� 0 'eisse, STATE OF NEW JERSEY W. County of Somerset On this 29th day of April, 2015 before me, a Notary Public of New Jersey, personally came Damm M. Chbros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chbros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Pourer of Attorney are such corporate seals and were thereto affixed by authonty of the By- laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal ti OTAny� KATHERINE YPUBICOFNE JR NOTARY PUBLIC 16 NEW JERSEY No. 2376885 PUBIi Commission Expires Jury 18, 2019 Notary Public JE1tg� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any cerfificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such pourer of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and arty such power so executed and will by such facsimile signature and Pamimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.* 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companles') do hereby barfly mat (i) the foregoing extract of the Sy- Lewis of the Companies is true and correct, (ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (Iii) the foregoing Power of Attorney is tore, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this September 15, 2016 Dawn M. Chloros, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS Form 15-10-02259-U GEN CONSENT(mv. 12-19) Executed in two originals PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO- 8238-00-88 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 18,355.00 being at the rate of $ 14.00 per thousand'of the Contract price. * for the first $500k and $8.70 per thousand for the next $2mm WHEREAS, the City of Newport Beach, State of California, has awarded to Environmental Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. See Section 7-7.1 for a suggested project phasing guide to reduce the threat of mass erosion during a storm event. The general components of the project are: 1) project preparation; 2) stormwater capture and treatment; 3) dryweather flow capture and treatment; 4) floodplain improvement and habitat restoration; and 5) miscellaneous components. The work associated with project preparation includes preparing a stormwater pollution prevention plan ("SWPPP") and implementing erosion control measures; performing construction surveying; clearing and grubbing; stockpiling woody material for mulching; identifying and removing trees if any are infected with polyphagous shot hole borer; stockpiling top soil; grading and constructing temporary surface water diversions or controlling groundwater if needed. The work associated with the stormwater capture and treatment includes: constructing stormwater drainage piping and structures to capture stormflows from Jamboree Road, including installing a water quality unit; installing piping to rout storm flows into a bioretention cell infiltration system which includes a biofiltration soil mixture amended with compost; and installing outlet piping. The work associated with the dryweather flow capture and treatment includes: constructing clean water bypass manhole and piping from the golf course, including both underground and above ground piping sections with anchoring system; constructing a concrete stilling pool just downstream of the existing culvert under Jamboree Road, along with concrete embankment slope protection and stilling basin end wall; constructing an inlet within the stilling basin to divert the seep flow into an area enclosed by a retaining wall that contains a clarifier and a flow meter contained in a manhole, and then into a OCSD sanitary sewer line. The work associated with the floodplain improvement and habitat restoration includes: constructing vegetated soil revetments along the creek channel; constructing boulder step-downs within channel; extending a potable water line and constructing a temporary irrigation system; performing site restoration work including adding soil amendments, re -vegetation and hydroseeding; and performing plant establishment and maintenance. The work associated with miscellaneous components includes: installation of crushed miscellaneous base ("CMB") and decomposed granite on access roads and trail ramp; and constructing an access road entry and gate off of Jamboree Road, 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. Environmental Construction, Inc. Page B-1 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. Vigilant Insurance NOW, THEREFORE, we, the Principal, and 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 Seven' Dollars andoo 1100 ($1,782,230.00 ) 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. 'Hundred Eighty Two Thousand Two Hundred Thirty 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. [SIGNATURES ON NEXT PAGE] Environmental_ Construction, Inc. Page B-2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th day of September ,t:� ,20 1E Environmental Construction, Inc. Name of Contractor (Principal) Vigilant Insurance Company Name of Surety 15 Mountain View Road, Warren, NJ 07059 Address of Surety (212)E12-4000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp aM City Attorney Authorized Agent Signature Shawn Blume, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Environmental Construction, Inc. Page B-3 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 5,FE A77AC1, 6 } ss. On 20 before Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. me, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT 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 CalifPPrnia '14SCounty of s I ) ss. On 9—/,-20/&' before me, %1490✓ .�} Wl 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 Liner -Il a St k of ,California that the z foregoing paragraph is true and correct. „ AL sAFAEI Commission # 2006404 Notary Public - California Z ,,�® s;. z WITNESS my hand and official seal. Los Angeles County My Comm. Expires Feb 23, 2017 ,p (seal) Environmental Construction, Inc. Page B-4 CALIFORNIA ALL-PURPOSE 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 County ofOrange) On 1 before me, Barbara Copeland Notary Public, personally appeared Shawn Blume Name(s) of Sigler(s) 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/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/herhheir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. =0:: ELANDZpt�CMIhNIY�untypr 19, 7.017 r Place Notary Seal Above I certify under PENALTY OF PERJURY wider the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: L—� Signature ofNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: Shawn Blume ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road `J Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 t� Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Kevin Cathcart, Eric Lowey, Stephanie Hoang and Mark Richardson of Costa Mesa, California ---------- each as their true and lawful Attorney- in- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the Course of business, and any instruments amending or altering the same, and consents to the motlification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMP04Y, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 29 day of April, 2015. Dlim M. Chloms, Assistant Secretary y— ,�- 1►1MMap` �.:� 00 STATE OF NEW JERSEY ss. County of Somerset On this 290' day of April, 2015 before me, a Notary Public of New Jersey, personalty came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies: and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David B. Norms, Jr., and was thereto subscribed by authonty of said By- Laws and in deponents presence. Notarial Seal OUR), KATHERINEJ.O NEW L� %�'-- �e� NOTARY PUBLIC 16 NEW JERSEY PUBLI No. 2318685 Commlasbn Expires July 18, 2019 Notary Public �� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in. Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the naWre thereof and any such power of attorney or cerIficate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such fammile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies' do hereby certity that (1) the foregoing extract of the By- Laws of the Companies is true and cored (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the Distract of Columbia and are authorized by the U.S. Treasury Department; fu Ther, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Waren, NJ this September 15, 2016 mp)a (Lw&= rno Dawn M. Chloros, Assistant Secrefary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS Forn1S-10-0225B-U GEN CONSENT(mv. 12-14) EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this 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 Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance 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, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with 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 elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per Environmental Construction, Inc. Page C-1 occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. 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, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Environmental Construction, Inc. Page C-2 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: 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. 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 Environmental Construction, Inc. Page C-3 normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available 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. J. 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 Environmental Construction, Inc. Page C-4 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. Environmental Construction, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 9/19/16 Dept./Contact Received From: Raymund Date Completed: 9/19/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Environmental Construction, Inc. Type of contract: Public Works GENERAL LIABILITY ❑ Yes EFFECTIVE/EXPIRATION DATE: 5/6/16-5/16/17 ❑ N/A A. INSURANCE COMPANY: Westchester Fire Insurance Company N No B. AM BEST RATING (A-: VII or greater): A++: XV E Yes C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1M/2M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 1/22/16-1/22/17 A. INSURANCE COMPANY: Century National Insurance Co B. AM BEST RATING (A-: VII or greater) A-: VIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: H. NOTICE OF CANCELLATION: E Yes ❑ No iM N/A N N/A ❑ Yes ❑ No ❑ N/A ❑ Yes N No ❑ N/A E Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 3/1/16-3/1/17 A. INSURANCE COMPANY: National Union Fire Ins Co Pittsburgb PA B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 9/19/16 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach BIG CANYON RESTORATION PROJECT Contract No. 8111-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8111-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: A4L4 S+ Date ?t2) 4uW8g�o Bidder's Telephone a d Fax Numbers 41WjAA,8 /-►D,ca-7,L�8 Bidder's License No(s). and Classification(s) Bidder's email address: IT�i Bidder Bidder's Authoriz ignature and Title or5s-6 nesOC+k 7U Sv ` Bidder's Address rr0 City of Newport Beach Page i BIG CANYON RESTORATION PROJECT (C-8111-1), bidding on August 23, 2016 11:00 AM (Pacific) Printed 08123/2016 Bid Results Bidder Details Vendor Name Environmental Construction, Inc. Address 21550 Oxnard Street Ste 1050 Woodland Hills, CA 91367 United States Respondee Lara Jingeuzian Respondee Title Contracts Administrator Phone 818-449-8920 Ext. 115 Email estimating@envimncon.com Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted August 23, 2016 10:50:39 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 87193 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Big Canyon Restoration Packet Big Canyon Restoration 8111-1.pdf Bid Submittal Packet Big Canyon Restoration Subcontractor List Big Canyon Restoration Subcontractor List.pdf Designation of Subcontractors - Signed Big Canyon Restoration Bid Bond Big Canyon Restoration Bid Bond.pdf Bid Bond Line Items Type Item Code UOM qty Unit Price Line Total Comment Section 1 1 Mobilization / Demobilization Lump Sum 1 $78,300.00 $78,300.00 2 Construction Survey Lump Sum 1 $27,500.00 $27,500.00 3 Clearing and Grubbing Acre 5.1 $23,250.00 $118,575.00 4 Demolition Lump Sum 1 $5,000.00 $5,000.00 5 Earthwork (On -Site, Cut to Fill) Cubic Yard 7057 $40.00 $282,280.00 City of Newport Beach Page 2 BIG CANYON RESTORATION PROJECT (C-8111-1), bidding on August 23, 2016 11:00 AM (Pacific) Printed 08IM016 Bid Results Type Item Code UOM qty Unit Price Line Total Comment 6 Strip and Stockpile 4 -inch Topsoil Cubic Yard 2751 $5.00 $13,755.00 7 Water Quality Unit Lump Sum 1 $63,500.00 $63,500.00 8 Rip Rap (Facing Class, 18 -inch Depth) Square Yard 78 $90.00 $7,020.00 9 Vegetated Soil Revetment Linear Foot 315 $75.00 $23,625.00 10 4 -inch Decomposed Granite with Binder on 4 -inch Crushed Miscellaneous Base (CMB) Cubic Yard 92 $250.00 $23,000.00 11 4 -inch CMB Square Yard 1767 $3.00 $5,301.00 12 Maintenance Road Entrance Concrete Apron Square Yard 67 $72.00 $4,824.00 13 Maintenance Road Entrance Gate Lump Sum 1 $12,000.00 $12,000.00 14 64nch Perforated PVC Pipe (Drainage) Linear Foot 270 $39.00 $10,530.00 15 10 -inch Solid PVC Pipe (Drainage) Linear Foot 205 $62.00 $12,710.00 16 12 -inch Solid PVC Pipe (Drainage) Linear Foot 12 $100.00 $1,200.00 17 12 -inch Gated PVC Pipe (Bioretention Cell Inlet) Linear Foot 187 $62.00 $11,594.00 18 Concrete Pad & Above -Grade Anchors for 12 -inch Gated PVC Pipe Lump Sum 1 $12,580.00 $12,580.00 19 15 -Inch Solid PVC Pipe (Drainage) Linear Foot 41 $55.00 $2,255.00 20 Above Grade 8 -inch HDPE Pipe (Clean Water Bypass) Linear Foot 355 $30.00 $10,650.00 21 Below Grade 84nch HDPE Pipe (Clean Water Bypass) Linear Foot 100 $38.00 $3,800.00 City of Newport Beach Page 3 BIG CANYON RESTORATION PROJECT (C-8111-1), bidding on August 23, 2016 11:00 AM (Pacific) Printed 08/23/2016 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Channel Bank Pipe Anchors for 84nch HDPE Pipe Lump Sum 1 $15,120.00 $15,120.00 23 CMP Suspension Anchors for Above Grade 8"-inch HDPE Pipe Lump Sum 1 $750.00 $750.00 24 12-inch Corrugated HDPE Storm Pipe Linear Foot 92 $45.00 $4,140.00 25 15-inch Corrugated HDPE Storm Pipe Linear Foot 91 $50.00 $4,550.00 26 18-Inch Solid Wall SDR 17 HDPE Storrs Pipe Linear Foot 35 $158.00 $5,530.00 27 24-inch Corrugated HDPE Storm Pipe Linear Foot 83 $130.00 $10,790.00 28 24-inch HDPE End Sections Each 3 $2,500.00 $7,500.00 29 Single-Sided Geocomposite Square Yard 1742 $11.00 $19,162.00 30 40-mil HDPE Geomembrane Square Yard 2087 $12.00 $25,044.00 31 Pipe Boot/ Liner Penetrations Each 2 $455.00 $910.00 32 Bioretention Soil Media with 2-inch Compost Topping Cubic Yard 1877 $80.00 $150,160.00 33 Sand Cubic Yard 247 $51.00 $12,597.00 34 SWPPP Preparation and Implementation Lump Sum 1 $33,069.00 $33,069.00 35 Water Level Control Structures Each 2 $3,835.00 $7,670.00 36 Bioretention Riser Pipe Assembly Lump Sum 1 $5,756.00 $5,756.00 37 Seep Water Diversion Assembly & Sanitary Sewer Connection Lump Sum 1 $48,381.00 $48,381.00 P!a�•e tBia:; Inc City of Newport Beach Page 4 BIG CANYON RESTORATION PROJECT (C-8111-1), bidding on August 23, 2016 11:00 AM (Pacific) Printed 06/23/2016 Bid Results Type Item Code UOM oty Unit Price Line Total Comment 38 Storm Diversion Manhole Structure (NE Storm Diversion) Lump Sum 1 $7,500.00 $7,500.00 39 Storm Diversion Box Structure (SW Storm Diversion) Lump Sum 1 $7,500.00 $7,500.00 40 Clean Water Bypass Structure Lump Sum 1 $13,630.00 $13,630.00 41 Boulder Step Down Each 3 $400.00 $1,200.00 42 Stilling Basin and Slope Lining Cubic Yard 93 $587.00 $54,591.00 43 Slope Lining Integral Color Cubic Yard 45 $820.00 $36,900.00 44 6 -Inch Concrete over 64nch CMB Access Road (12 -foot Width) Linear Foot 50 $93.00 $4,650.00 45 3 -foot Thick 1/2 -ton Rock Slope Protection (RSP) Cubic Yard 210 $173.00 $36,330.00 46 Stilling Basin End Wall Square Foot 453 $54.00 $24,462.00 47 Diversion Assembly Retaining Wall Square Foot 397 $114.00 $45,258.00 48 Top of Slope Retaining Wall - 18 -Inch Square Foot 59 $30.00 $1,770.00 49 Retaining Wall Skateboard Stops Lump Sum 1 $2,035.00 $2,035.00 50 Mulching Woody Material Lump Sum 1 $47,750.00 $47,750.00 51 1 -Gallon Plant Shrub Each 4540 $10.00 $45,400.00 52 Live Stakes Plant Material Each 1750 $8.00 $14,000.00 53 Fine Grading 8 Soil Preparation Acre 5.1 $9,700.00 $49,470.00 City of Newport Beach Page 5 BIG CANYON RESTORATION PROJECT (C-8111-1), bidding on August 23, 2016 11:00 AM (Pacific) Printed 08/23/2016 Bid Results Type Item Code UOM city Unit Price Line Total Comment 54 Gypsum TON 18 $600.00 $10,800.00 55 Compost for Planting Cubic Yard 58 $30.00 $1,740.00 56 Hydroseed Acre 5.1 $9,640.00 $49,164.00 57 Mulch Spreading Cubic Yard 2067 $20.00 $41,340.00 58 Cuttings Each 1185 $13.00 $15,405.00 59 Temporary Irrigation System Lump Sum 1 $95,207.00 $95,207.00 60 Irrigation Controller with Pedestal Each 1 $15,000.00 $15,000.00 61 Single -Meter Electrical Cabinet Lump Sum 1 $10,000.00 $10,000.00 62 120 -Day Plant Establishment & Maintenance Period Lump Sum 1 $16,500.00 $16,500.00 63 As -Built Drawings Lump Sum 1 $3,500.00 $3,500.00 64 Allowance for Unforseen Conditions Lump Sum 1 $50,000.00 $50,000.00 Subtotal $1,782,230.00 Total $1,782,230.00 Subcontractors Name & Address Description License Num Amount Type E C APPLICATIONS LLC Liner Installation 1003207 $35,000.00 901E ORANGETHORPE AVENUE ANAHEIM, CA 92801 United States CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BIG CANYON RESTORATION PROJECT CONTRACT NO. 8919-9 DATE: AUGUST 10, 2016 BY: City ngineer TO: ALL PLANHOLDERS Bidders must sign this Addendum No. 1 and attach it to the hid proposal. Addendum No. 1 includes the following changes, additions, deletions, or clarifications made to the contract documents along with Appendices A, B and C and Attachments 1 and 2. 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. l nv�'rvn n� n Fa (&15fn4 c4,,w, Bidder's Name (Please Print) Dates horizedySi ature & Title ADDENDUM NO. 1 BIG CANYON RESTORATION PROJECT CONTRACT NO. 8111-1 The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. Specifications and Special Provisions 1. Add to Instructions to Bidders: "14. The day following the bid opening, the apparent low bidder shall meet with City's Project Manager, Bob Stein, to discuss the project." 2. Delete the first paragraph of Special Provisions Section 6-7.1 and replace with the following: 6-7.1 General. Add to this section: "The Contractor shall complete all construction work under the Contract within 125 consecutive working days after the date on the Notice to Proceed to complete all work in the creek and sensitive habitat areas. An additional 30 days is allowed for completing work that is outside the creek and sensitive habitat areas. The maintenance and plant establishment period is 120 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. 3. Note on Section 7-5 Permits: Permit information from the following regulatory agencies are included in Appendix A. 1) Department of the Army Corps of Engineers Nationwide Permit authorization (#SPL -2016- 00305 -SAS, NWPs 27, 43, 14) 3) California Department of Fish & Game 1602 Streambed Alteration Agreement (#1600-2016- 0029-R5) 4) California Coastal Commission Coastal Development Permit No. 5-16-0059 — Staff Report with recommended conditions attached in Appendix A. 4. Delete Special Provisions Section 7-8.6.4 and replace with the following: "7-8.6.4 Dewatering. The water surface level of the Big Canyon Creek and the level of groundwater in the construction area is approximately 4.5 to 6.0 feet below the area's general ground surface. Boring logs are attached in encountered in the vicinity of the Diversion structures (clarifier, manhole and retaining walls) and Water Quality Unit and other locations, where there are deeper excavations. If groundwater is encountered, groundwater shall be controlled and removed by methods of the Contractor's choice. Any discharge back to the Bio Canyon Creek shall meet turbidity standards and be subject to the requirements of the regulatory permits, Orange County Health Care Agency, the State Water Resources Control Board Certification, and these Special Provisions. The Contractor shall comply with the requirements of Section 7.8.6, Water Pollution Control, of the General Provisions of the Contract Documents. All groundwater sampling will be performed by the Engineer. Full compensation for dewatering, including 5. Delete Bid Item 21 in Special Provisions Section 9-3.1 General and replace with: Item No. 21: Below Grade 8 -inch HDPE Pipe (Clean Water Bypass): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, installing and testing 8 -inch HDPE pipe for the bypass of clean water connecting to the above -grade pipe on the west side &ern the 901f GGLirse eas of Jamboree Road as shown on the Drawings, bypass outlet end wall and rip -rap (shown in Detail 6. Sheet9), pipe fittings, bends, sweeps, and connections; clean outs; geotextile wrapping of pipe at above ground/below ground surface transition; butt fusion welding of all above grade pipes, fittings and connections; trenching/excavation; clearing interferences; gate valve, valve bGx and NseF; pipe bedding; backfilling; compaction; and all other work items required to complete the work in place. 6. Delete Bid Item 37 in Special Provisions Section 9-3.1 General and replace with: 'Item No. 37: Seep Water Diversion Assembly & Sanitary Sewer Connection: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the assembly of the seep water diversion and the saddle tee sanitary sewer connection per OCSD Std. Dwg. S-070 (attached in Appendix C) including 8 -inch PVC sewer pipe, grate inlet, bends, sweeps, valves, drain and grate, baffle box, 5 -foot diameter manhole vault with GMI 2600 waterproof composite frame and cover or approved equal, 8 -inch push -on gate valve, 6 -inch PVC sewer pipe, 6 -inch backflow preventer valve, reducers, concrete finishing around grate, and 6 -inch meter; excavation; removing interfering portion of backfilling; compaction; and all other work items required to complete the work in 7. Delete Bid Item 42 in Special Provisions Section 9-3.1 General and replace with "Item No. 42: Stilling Basin and Slope Lining: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing and installing the reinforced concrete stilling basin and slope lining with ween holes and with concrete etching solution and sealant to the slope lining. Work under this item includes excavation; controlling groundwater if necessary; subgrade preparation; backfilling; compaction; and all other work items required to complete the work in place." 8. Add the following bid item to Special Provisions Section 9-3.1 General: "Item No. 64: Allowance for Unforeseen Conditions: An amount of $50,000 is to be included for adjustments associated with unknown underground obstructions or complying with new regulatory agency permit conditions, as directed by the Engineer, based on a time & materials basis." 9. Delete the first sentence of Special Provisions Section 211-4 and replace with the following: "211-4 AGRONOMIC SOIL TEST. After clearing, grubbing and mass grading, and prior to amending the soil with supplements, soil samples shall be taken from a minimum of one location per acre or a minimum of five samples for the project area to represent an adequate cross-section of conditions as determined by the Engineer." 10. Delete the Special Provisions Section 300-2.2.2 and replace with the following: "300-2.2.2 Wet Material. Add to this Section: Payment for Wet Material shall be considered included in the bid items and no additional compensation will be allowed therefore." 11. Delete the Special Provisions Section 300-3.1 and replace with the following: 300-3.1 General. Add to this Section: "Payment for Temporary Flow Diversions shall be considered included in the bid items and no additional compensation will be allowed therefore." 12. Delete the last paragraph of Special Provisions Section 300-4.1 that refers to Sections 900-2 and 900-3. 13. Delete the section 'Gypsum Amendment' in Special Provisions Section 800-1.2.4 Organic Soil Amendment, and replace with the following: "Gypsum Amendment. Once rough grading has been conducted, topsoil material shall then be applied to establish the desired final (finished) grades per the Plan. After topsoil placement, grading, survey and acceptance, gypsum will then be spread over the revegetation areas as needed within the ast+ve4leedplaia and disked to a minimum of 12 inches. Then, a minimum of 2 inches of water shall be applied to the gypsum and soil, and let infiltrate for 24 hours. This step shall be repeated one additional time to ensure adequate migration of sodium into the lower profile with a minimum of 48 hours between treatments. For areas within the project area not subject to grading, apply gypsum and flood irrigation according to the agronomic soil testing recommendations. The application rate of gypsum per acre will be determined through the eutseme results of the agronomic soil tests in accordance with Section 211-4. Preliminary soil tests indicate that a gypsum application rate of 7,000 lbs per acre could be necessary." 14. Change the numbering of Special Provisions Section 801-1.1 Exotic Vegetation Control to Section 801-2.4 Exotic Vegetation Control and Section 801-1.2 Exotic Tree Removal to Section 801-2.5 Exotic Tree Removal. 15. In Special Provisions Section 801-2.5 Exotic Tree Removal, replace the section entitled Polyphagus Shot Hole Borer with the following: "Polyphagus Shot Hole Borer. Two species of Polyphagus Shot Hole Borer (PSHB) have been detected in southern California. This invasive beetle carries three pathogenic fungi that results in the death of a tree. To date, PSHB has not been detected in trees in the Big Canyon construction area. The Engineers will inspect trees for PSHB. As directed by the Engineer, the Contractor shall flag the infested plant and provide a map to the Engineer of its location. If PSHB is found in trees within the project site, special handling techniques will be required. Infested trees will be flagged and the Contractor will be responsible for following specifications for the treatment and removal of the infested trees." 16. Section 801-2.5 Exotic Tree Removal, paragraph 8, delete the first sentence and replace with the following: "Tree Debris Treatment and Disposal. Tree debris will be separated into two debris categories: (1) trunks and branches 1 -inch diameter and larger, and (2) leaves, small branches less than 1 -inch diameter, small stems and seeds." 17. In Section 801-2.5 Exotic Tree Removal, paragraph 9, add the following sentence at the end of the paragraph: "Contractor shall consult with Engineer if wood chip mulch quantity generated on site is less than anticipated. Prioritize mulch placement to planting rings around containerized material and live stakes, at a 2 -inch depth to the extent possible. Evenly spread and distribute any remaining material across the site." Sample Contract 18. Replace the original sample contract document with the new sample found in Attachment 1 Construction Drawings 19. Sheet 6, 24" HDPE Storm Pipe (pipe corresponding to Construction Note 6) Flow Lines are hereby revised to read "FL (IN) = 41.0" and "FL (OUT) = 39.5" 20. Sheet 6, Construction Note 73. Delete this construction note. The gate valve and valve box are covered under Note 28. 21. Replace Sheet No. 10 with revised Plan Sheet No. 10. See Attachment 2. 22. Sheet 10, Construction Note 64 — Mag -Meter shall be 6 -inch Neptune Try -Mag -Meter or approved equal. Meter to be of rugged material, battery operated with digital read-outs for instantaneous flow and cumulative flow that accurately measures flows from 20 to 1000 gallons per minutes. 23. Replace Sheet No. 22 with revised Plan Sheet No. 22. See Attachment 2. Bidder Questions and Answers Answers to questions are indicated in italic: 24. Plan Sheet 9, Details 1 & 5 — where are the bollards paid for? Bid Item 35. Note: bollards were added to Detail 1 on revised Sheet 10 to be consistent with Construction Note 49 on Sheet 7. 25. Plan Sheet 10, Detail 5 — where is this work paid for? Bid Item 20. 26. Plan Sheet 22, Detail 1 — what are the Length -Width -Depth dimensions of the ;/" gravel drain material for the weepholes? What Item pays for the weepholes? The YO gravel is placed below the rip -rap along the entire length of the end wall. It is approximately 2 feet high by 18 inches wide. The weepholes are paid as a part of Bid Item No. 42. 27. Plan Sheet 22, Detail 3 — The detail mentions "crushed rock base per geotech", however no geotech has been provided in the bid documents. What is this depth? This detail shows Crushed rock for the section 'Basin Inv Slab or PCC Access Road" which conflicts with Details 1 and 2 on this sheet. In Detail 1, native is shown to be directly beneath the Concrete Basin. In Detail 2, CMB is shown under the PCC access road. The detail was revised and the reference to geotech was removed per revised Sheet 22. 28. 8" PVC Pipe Conflict with new Diversion Retaining Wall on Sheet 22. Please refer to revised Sheet 22. 29. Plan Sheet 22 — What is the intent of the flow direction on the Basin Concrete Lining? The intent is to slope all areas to drain to the grate inlet. The flow direction arrows are intended to show a flowline from the existing pipe culvert to the grate. 30. SP12 indicates "Earthwork Includes Special Soil Testing". What is meant by this? Refer to Section 211-4 of the Special Provisions, part of which is amended herein, above. 31. SP 52 states that infected trees will be removed. Which trees are these in relation to Plan Sheets 13 & 14? Are some of the trees on Sheets 13 & 14 not being removed? How will the infected tree removals be paid for? See 801-2.5, paragraph 3, sentence 2. No infected trees have yet been identified. All invasive trees must be removed regardless of whether or not they are on the plan or they are infested with shot hole borer. The shot hole borer only affects how they will be handled after they are removed. There is no bid item for disposal of an infected tree; it will be negotiated if any infected trees are found. 32. SP 11 mentions a field office. What are the requirements for this field office? Providing a field office is at the Contractor's option and is for Contractors use only. 33. SP 11 mentions Builder's/All Risk Insurance if required by the owner. Will this be required? If so, which item will pay for this? Builder's Risk Insurance is not required. 34. SP 35 states tree inspection will occur for infected trees. Who will inspect the trees to determine "infected" status? See Special Provisions Section 801-2.5 Exotic Tree Removal as amended above. 35. Please provide greater detail regarding the Clear & Grub scope in relation to the statement "Woody material shall be segregated for mulching. All small branches, leafy vegetation, and seeds shall be removed and disposed of off-site appropriately." With the requirement to remove small branches and leafy vegetation, this seems to require all tree removals and shrub removals to be hauled off and disposed of as green waste rather than left on-site for mulching. What is intended to have hauled off versus kept on-site as "woody material" for mulching? See Special Provisions Section 801-2.5, paragraph 9, as amended herein above, for description of mulch placement and depths. Excess material should be hauled off and disposed of. 36. Bid Item No. 57 calls for Mulch Spreading with a quantity of 2,067 CY. Is the intent to have all of the quantity of this scope/work to come from the "woody material" that was segregated from the clear & grub operation? Yes, see Special Provisions Section 801-2.5, paragraph 9, as amended herein above, for description of mulch placement and depths. Excess material should be hauled off and disposed of. In the event that the woody material does not produce enough mulch, there will be no mulch import. In this case, mulch will be prioritized around plantings with the balance spread on site as directed by the Engineer. 37. Plan Sheet 6, Note 21. Where is this work paid for? Bid Item No. 26. 38. Plan Sheet, Various Notes. Where do the various demo details get paid for? For instance: Construction Note 25 "remove and dispose of existing 24 -inch Flared End Section" & Construction Note 40 "remove and dispose of existing pipe". Bid Item No. 4. 39. Detail 2 on Sheet 12 shows an STC 4800 Stormcepter by Rinker. However this is only for one inlet and one outlet pipe yet there is one inlet and two outlet pipes for this location. There is no separate model number for multiple inlets. Specify to the manufacturer the number and size of inlets and outlets. APPENDICES Appendix A: Section 7-5 Permits: • Department of the Army Corps of Engineers Nationwide Permit authorization (#SPL -2016- 00305 -SAS, NWPs 27, 43, 14) • California Department of Fish & Game 1602 Streambed Alteration Agreement (#1600-2016- 0029-R5) • California Coastal Commission Coastal Development Permit No. 5-16-0059 — Staff Report Appendix B: Big Canyon Restoration Groundwater Report 071516 Appendix C: Orange County Sanitation District Standard Drawing S-070 ATTACHMENTS ATTACHMENT 1: • Updated Sample Contract for C-8111-1 Big Canyon Restoration Project ATTACHMENT 2: • Revised Plan Sheet No. 10 • Revised Plan Sheet No. 22 « State of California — Natural Resources Agency EDMUND G. BROWN, Jr. Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director South Coast Region 3883 Ruffin Road San Diego, California 92123 (858)467-4201 www.wildlife.ca.gov August 9, 2016 Robert Stein City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Subject: Draft Lake or Streambed Alteration Agreement Notification No. 1600-2016-0029-R5 Big Canyon Habitat Restoration and Water Quality Improvement Project Dear Mr. Stein: The California Department of Fish and Wildlife (Department) has determined that your project requires a Lake or Streambed Alteration Agreement (Agreement) because it could substantially adversely affect an existing fish or wildlife resource. Enclosed is a draft Agreement that includes measures the Department has determined are necessary to protect existing fish and wildlife resources. Within 30 days of receipt of this draft Agreement, you must notify the Department in writing whether the measures to protect fish and wildlife resources are acceptable (Fish and Game Code section 1603). If you agree with the measures set forth in the draft Agreement, you or your authorized representative must return two copies of the draft Agreement with original signatures to the above address. If you disagree with any measures in the draft Agreement, please contact the Department staff identified below. In the event that mutual agreement is not reached, you may follow the dispute resolution process described in Fish and Game Code section 1603(a), Part III of the "Notification Instructions and Process." If you fail to respond in writing within 90 days of receiving the draft Agreement, the Department may withdraw the draft Agreement. Please be advised the Department may not execute the Agreement until it has complied with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.) as the lead or a responsible agency. Please note that the draft Agreement may be subject to change upon receipt and review of the environmental document for the project. Conserving Caffornia's rWiffffe Since 1870 City of Newport Beach August 9, 2016 Page 2 of 2 When acting as a CEQA responsible agency, the Department must first receive the following: 1) a certified or approved environmental document prepared in accordance with CEQA; 2) Notice of Determination, if one is filed; 3) CEQA Findings; and 4) proof that the environmental filing fee required under Fish and Game Code section 711.4 has been paid. If the lead agency determined that the project is exempt under CEQA, please provide a copy of the Notice of Exemption or other information that indicates the basis for the exemption. After you receive a final Agreement executed by the Department, you may begin the project the Agreement authorizes provided you have obtained all other necessary local, state, and federal permits or other authorizations. For more information on the process described above, please refer to Part IV in the "Notification Instructions and Process" included with your notification materials, which is also available at www.wildlife.ca.gov/habcon/1600/notificationpackage.pdf. If you have any questions regarding this letter, please contact Kevin Hupf, Environmental Scientist at (858) 467-4223 or kevin.hupf@wildlife.ca.gov. Sincerer,, / Marilyn Fluharty Senior Environmental Scientist (Supervisory) ec: Julie Fontaine, ESA PCR David Pohl, ESA PCR ?a DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS F 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 July 29, 2016 Robert Stein City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Dear Mr. Stein: I am responding to your request (SPL -2016 -00305 -SAS) for a Department of the Army permit for your proposed project, Big Canyon Habitat Restoration and Water Quality Improvement Project. The proposed project is located in the city of Newport Beach, Orange County, California (Lat. 33.62841°N, Long. -117.87849°W). Because this project would result in a discharge of dredged and/or fill material into waters of the United States 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). I have determined construction of your proposed project, if constructed as described in your application, would comply with Nationwide Permit (NWP) 14 (Linear Transportation Project), and NWP 27 (Aquatic Habitat Restoration, Establishment, and Enhancement Activities). Specifically, and as shown in the enclosed figure(s), you are authorized to: 1. Permanently discharge fill material into 0.05 acre of non -wetland waters of the U.S. resulting from the extension of an existing culvert extension, installation of a stilling basin and rip -rap energy dissipater, and construction of a maintenance road and turnaround; 2. Permanently discharge fill material into 0.10 acre of non -wetland waters of the U.S. resulting from the construction of a stormwater bioretention cell; and, Temporarily discharge fill material into 2.03 acre of non -wetland waters of the U.S. associated with riparian habitat restoration, enhancement, and creation activities, including floodplain restoration, stream bank stabilization, and grading down the area directly southwest of the bioretention cell in order to allow riparian trees access to existing groundwater. 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: -2- 1. This permit is contingent upon the issuance of a Coastal Zone Management Act (CZMA) consistency certification and section 401 Water Quality Certification (WQC). The Permittee shall abide by the terms and conditions of the CZMA consistency certification and section 401 WQC to the Corps Regulatory Division (preferably via email) within two weeks of receipt from the issuing state agency. The Permittee shall not proceed with construction until receiving an e-mail or other written notification from Corps Regulatory Division acknowledging the CZMA consistency certification and Clean Water Act 401 WQC has been received, reviewed, and determined to be acceptable. If the RWQCB fails to act on a valid request for certification within two months after receipt of a complete application, please notify the Corps so we may consider whether a waiver of water quality certification has been obtained. If the California Coastal Commission fails to act on a valid request for concurrence with your certification within six months after receipt, please notify the Corps so we may consider whether to presume a concurrence has been obtained. 2. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Danielle Storey at 213- 452-3855 OR Meg McDonald at 213-452-3849). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project construction, per 36 C.ER section 800.13. 3. 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). This verification is valid through March 18, 2017. If on March 18, 2017 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 NWT terms and conditions. -3 - 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 § 330.4(e) and 33 CFR § 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 18, 2017, may choose to modify, suspend, or revoke the nationwide use of a NWP after following procedures set forth in 33 CFR § 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 preliminary jurisdictional determination (JD) has been conducted to determine the extent of U.S. Army Corps of Engineers (Corps) geographic jurisdiction, upon which this NWP verification is based. A preliminary ID is advisory in nature and is a written indication Corps geographic jurisdiction may be present on a particular site, but is not appealable. An approved JD is an official Corps determination of the precisely identified limits of Corps geographic jurisdiction on a particular site, and is appealable. Should you wish to appeal an approved JD, you may request an administrative appeal under Corps regulations at 33 C.F.R_ part 331. Please refer to the enclosed Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form for more information. 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 the regulatory program. If you have any questions, please contact Sheri Shiflett, Ph.D. at 213-452-3407 or via e-mail at Sheri.A.Shiflett(o),usace.armv.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmayu.usace.amiy.mil/cm apex/f?p=reQulatory survey. Sincerely, Digitally signed by SALAS.GERARD SAS.GERDO.1 260 DN:Ac=US oAU.S.. Govemm8ent, 0.1260676870 con= A AS.GERARDO.1260676870 Date: 2016.07.2916:42:08 -07'00' Gerardo Salas Senior Project Manager Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosures LOS ANGELES DISTRICT p p U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL -2016 -00305 -SAS Name of Permittee: Robert Stein Date of Issuance: July 29, 2016 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it by ONE of the following methods; 1) Email a digital scan of the signed certificate to Sheri.A.Shiflett@usace.annv.mil OR 2) Mail the signed certificate to U.S. Army Corps of Engineers ATTN: Regulatory Division SPL -2016 -00305 -SAS 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017 I hereby certify that the authorized work and any required compensatory mitigation has been completed in accordance with the NWT 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(1)(3) to confirm that the appropriate number and resource type of credits have been secured. Signature of Permittee Date Big Canyon Habitat Restoration and Water Quality Improvement Project. D130934 SOURCE: City of Newport Beach, ESRI Figure 1 Regional Location Map ',_ .x� n „t 4 � ' ��t! • cwt �� �A R6sn 2 ,.� Y3�aQCc ct rt. y' Y Y` ' • =� 4 ��� z 1• � x >r g. ' ��t! • cwt �� : �. R6sn ,.� aa''• Y` ' • =� 4 ��� z 1• � x � 4 #q 93 i�$iarrox� T„' Project Location ' ��t! • cwt F : �. ,.� aa''• Y` ' • =� 4 ��� z 1• � x Project Location !4 tPt 9 9R A Q Project Boundary , t 44 a 20a Feet r Big Canyon Habitat Restoration and Water Quality Improvement Project. D130934 - SQURCE: USGS 7.5' Topo Quad Newport Beach, 1977 Figure 2 Project Vicinity Map ,.� aa''• !4 tPt 9 9R A Q Project Boundary , t 44 a 20a Feet r Big Canyon Habitat Restoration and Water Quality Improvement Project. D130934 - SQURCE: USGS 7.5' Topo Quad Newport Beach, 1977 Figure 2 Project Vicinity Map 3 Enclosure 1: NATIONWIDE PERMIT NUMBERS 14: Linear Transportation Projects, and 27: Aquatic Habitat Restoration, Establishment, and Enhancement Activities. TERMS AND CONDITIONS 1. Nationwide Permits 14: Linear Transportation Projects, and 27: Aquatic Habitat Restoration, Establishment, and Enhancement Activities, Terms: Your activity is authorized under Nationwide Permit Numbers (NWP): 14 - Linear Transportation Projects, and 27 -Aquatic Habitat Restoration, Establishment, and Enhancement Activities and is subject to the following terms: 14. Linear Transportation Projects. Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non -tidal waters, the discharge cannot cause the loss of greater than 1/2 -acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3 -acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. 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. This NWP cannot be used to authorize non- linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre - construction notification to the district engineer prior to commencing the activity if. (1) the loss of waters of the United States exceeds 1/10 -acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 31.) (Sections 10 and 404) Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). 27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non -tidal wetlands and riparian areas, the restoration and enhancement of non -tidal streams and other non -tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the placement of in -stream habitat structures; modifications of the stream bed and/or banks to restore or establish stream meanders; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to establish or re-establish wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. This NWP authorizes the relocation of non - tidal waters, including non -tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non -tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWT expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior -converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWT does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Revortine. For those activities that do not require pre -construction notification, the permittee must submit to the district engineer a copy of: (1) The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing any activity (see general condition 31), except for the following activities: (1) Activities conducted on non -Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in - lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. 2. Nationwide Permit General Conditions: The following general conditions must be followed in order for 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 pemmittee'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 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 alter 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. 2. Aquatic Life Movements. No activity may substantially disrupt the 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 waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in 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 Breeding Areas. 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 and storm water management activities, 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 Floodplains. The activity must comply 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 ordinary high water mark or high ride line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. 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 or fill 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 must be 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. No 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 while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the 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). 17. Tribal Riehts. 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 activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of 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 the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal pemiittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, 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 designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. 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. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been 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. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. 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) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NEPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may 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 may be affected by the proposed work 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 resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(8)). When reviewing pre -construction notifications, district engineers will 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 effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) 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. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non -Federal applicant that he or she cannot begin work 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 I l0k of the NHPA (16 U.S.C. 470h -2(k)) 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 (ACNP), 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 notify the ACHP and 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. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the 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 public comment, 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, and 52 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, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are 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 required to the extent necessary to ensure that the adverse effects to the aquatic environment are 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 effects of the proposed activity are minimal, and provides a project -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 minimal adverse effects on the aquatic environment. 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 minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) 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 engineer to 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) — (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)). (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to 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. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) 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 project 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 a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee - responsible mitigation, For activities resulting in the loss of marine or estuarine resources, permittee - responsible compensatory 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. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the 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 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. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe 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)). 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 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 prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not 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 1/3 -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 of this 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 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 statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(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 work and mitigation. 31. 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 request the 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 engineers will 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: (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 in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may 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(1)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. 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 project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual pennit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral 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, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non -Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (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 project's adverse environmental effects to a minimal level. (2) For 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, for NWT 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre - construction notification, 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 (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), 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 telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will 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 frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are 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' 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 engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (4) 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 Los Angeles District: In accordance with General Condition Number 27, 'Regional and Case -by -Case Conditions," the following Regional Conditions, as added by the Division Engineer, must be met in order for an authorization by any Nationwide to be valid: 1. For all activities in waters of the U.S. that are suitable habitat for federally listed fish species, the permittee shall design all road crossings to ensure that the passage and/or spawning of fish is not hindered. In these areas, the permittee shall employ bridge designs that span the stream or river, including pier- or pile -supported spans, or designs that use a bottomless arch culvert with a natural stream bed, unless determined to be impracticable by the Corps. 2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46, 48-52 cannot be used to authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss" of wetlands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part 230.40-45. The definition of "loss" for this regional condition is the same as the definition of "loss of waters of the United States" used for the Nationwide Permit Program. Furthermore, this regional condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California. The desert regions in California are limited to four USGS Hydrologic Unit Code (HUC) accounting units (Lower Colorado -150301, Northern Mojave -180902, Southern Mojave - 181001, and Salton Sea -181002). When a pre -construction notification (PCN) is required, the appropriate U.S. Army Corps of Engineers (Corps) District shall be notified in accordance with General Condition 31 using either the South Pacific Division PCN Checklist or a signed application form (ENG Form 4345) with an attachment providing information on compliance with all of the General and Regional Conditions. The PCN Checklist and application form are available at: htto://www.st)l.usace.anny.mil/missions/regulatory. In addition, the PCN shall include: a. A written statement describing how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions of the proposed activity as well as the location of delineated waters of the U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation. All drawings for projects located within the boundaries of the Los Angeles District shall comply with the most current version of the Map and Drawing Standards for the Los Angeles District Regulatory Division (available on the Los Angeles District Regulatory Division website at: www.spl.usace.armv.mil/missions/regulatory/); and c. Numbered and dated pre -project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph shall be documented on the plan -view drawing required in subpart b of this regional condition. 4. Submission of a PCN pursuant to General Condition 31 and Regional Condition 3 shall be required for all regulated activities in the following locations: a. All perennial waterbodies and special aquatic sites within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California, excluding the Colorado River in Arizona from Davis Dam to River Mile 261 (northern boundary of the Fort Mojave Indian Tribe Reservation). The desert region in California is limited to four USGS HUC accounting units (Lower Colorado -150301, Northern Mojave -180902, Southern Mojave -181001, and Salton Sea -181002). b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council (i.e., all tidally influenced areas - Federal Register dated March 12, 2007 (72 FR 11092)), in which case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. Examples of EFH habitat assessments can be found at: http://www.swr.noaa.gov/efh.htm. c. All watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south. d. The Santa Clara River watershed in Los Angeles and Ventura counties, 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. 5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with the exception that discharges for the purpose of restoration, enhancement, management or scientific study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with General Condition 31 and Regional Condition 3. 6. Individual Permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 29, 39, 42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre of waters of the United States. In addition, when NWP 14 is used in conjunction with residential, commercial, or industrial developments the 0.1 acre limit would also apply. 7. Individual Permits (Standard Individual Permit or 404 Letter of Permission) shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26 selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available in those watersheds to authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps' Clean Water Act section 404 authority. 9. Any requests to waive the 300 linear foot limitation for intermittent and ephemeral streams for NWPs 29, 39, 40 and 42, 43, 44, 51 and 52 or to waive the 500 linear foot limitation along the bank for NWP 13, must include the following: a. A narrative description of the stream. This should include known information on: volume and duration of flow; the approximate length, width, and depth of the waterbody and characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks); a description of the adjacent vegetation community and a statement regarding the wetland status of the associated vegetation community (i.e. wetland, non -wetland); surrounding land use; water quality; issues related to cumulative impacts in the watershed, and; any other relevant information. b. An analysis of the proposed impacts to the waterbody in accordance with General Condition 31 and Regional Condition 3; c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed project; and d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be compensated, in accordance with 33 CFR Part 332. 10. The permittee shall complete the construction of any compensatory mitigation required by special condition(s) of the NWP verification before or concurrent with commencement of construction of the authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation involves use of a mitigation bank or in -lieu fee program, the permittee shall submit proof of payment to the Corps prior to commencement of construction of the authorized activity. 4. Further information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: O Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). O Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. (a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. (b) This permit does not grant any property rights or exclusive privileges. (c) This permit does not authorize any injury to the property or rights of others. (d) This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: (a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (d) Design or construction deficiencies associated with the permitted work. (e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: (a) You fail to comply with the terms and conditions of this permit. (b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). (c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time. 7. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 8. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. NOTIFICATION OF ADAIINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL A lica . Rob:; nt: ert Stein File Number: SPL-2016-00305-SAS Date: JULY 29, 2016 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION' I - The following' identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httD://www.usace.qmy.mil/cccw/pages/reg materials.asrix or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permitor acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receiptof your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section E of this form and sending the form to the division engineer. Ibis form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD, SECTION II - REOUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However. you may Drovide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR OUESTIONS OR INFORMATION: I If you have questions regarding this decision and/or the appeal process you may contact: Sheri Shiflett, Ph.D. Project Manager U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017 Phone: 213452-3407 Email: Sheri.a.shiflettQusace.armv.mil It you omy nave questions regaramg the appear process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email:thomas.i.cavanaughna.usace.armv.mil IRIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government I consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: of appellant or SPD version revised December 17, 2010 Telephone number: Administrative Appeal Process for Approved Jurisdictional Determinations tApproved JD valid _ Approved Yes District makes now erpproved JD. Yes 7o continue with appeal process, appellant must revise RFA See Appendix D. Division engineer or designee remands dGQisio t to distdd, with specific instructions, for reconsideration: appeal process canpfetad. Appendix G D slnyt isea�e.�pravad Jur,sdt3+rural Detminatxrn to appiicaninandownarwith NAP. D oes aPPiioanNondari•ner cept pproved 1D? tic videnew tnTormation? No Applicant decides to appear approved JD. Applicant subrinds RFA to division engineer within 0 days of date of NAP. Caps reviews RFA and notitles appellant within 30 days of receipt No Is RFA acceptable? Y's Optional JD Appeals Meeting andlor _Elba InviteilQafXln. i RO reviews reowd and the division engineer (or cleslgnee) rem dema decision on the rethts of the appeal within 90 days of receipt of an acceptable RFA. Yee. Does the appeal heve merit? Mte District's decision is upheld: appeal process completed Max 60 Jaya Max- 30 days Max 90 days PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: District Office Los Angeles District File/ORM # SPL-2016-00305-SAS PJD Date: May 18, 2016 State CA City/County INewport Beach/Orange _ Cjtof Newport Beach Nearest Waterbody: 113ig Canyon k ', " - Cr�� Address of Attnn : Bob Stein ,Person 100 Civic Center Drive, Location: TRS, LatLong or UTM: 133.628475, -117.87849 Requesting PJD Newport Beach, CA 92660 Identify (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal: N/A Non-Wetland Waters, Stream Flow: on the Site Identified as Section 10 Waters: Non-Tidal: N/A r—_ Iiuear ft r width 4.0_ , ".. acres Perennial 17_1 Office (Desk) Determination J-1 Field Determination: Date of Field Trip: �— Cowardin }jg' II�dS: 0.65 Rrvenne Class: SUPPORTING DATA: Data reviewed for preliminary 3D (check all that apply - checked items should be included in case rile and, where checked and requested, appropriately reference sources below): 17 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: jBig Canyon Habitat Restoration & water Qualitylm 17 Data sheets prepared/submitted by or on behalf of the applicant/consultant. 17 Office concurs with data sheets/delineation report. n Office does not concur with data sheets/delineation report. F` Data sheets prepared by the Cos F` Corps navigable waters' study: 1 17 U.S. Geological Survey Hydrologic Atlas: 17USGS NHD data. r USGS 8 and 12 digit HUC maps. W U.S. Geological Survey map(s). Cite quad name: r USDA Natural Resources Conservation Service Soil Survey. Citation: 17 National wetlands inventory map(s). Cite name: Flustrine Forested, Palustrine Scrub-Sbrub, Pala: F- State/Local Wetland inventory map(s): F. FEMA/FIRMmaps: r 100-year Floodplain Elevation is: r Photographs: r Aerial (Name & Date): F- Other (Name & Date): F- Previous determination(s). File no. and date of response letter: r Other information (please specify): - IMPORTANT NOTE- The information xismalcil on this hag not necessarilybeep verified bthe Corps a should noto ren upon for later d t al debrynninations, SHIFLETT.SHERI.A.15165 DN o=us o9-us c v,mmas CU=Mc o�ai'i'a -0;1A:,a„aacM Julie Fontaine 32170 cu-UtW.-;;r,„E; Signature and Date of Regulatory Project Manager Signature and Date of Person Requesting Preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS: 1. The Corps of Engineers believes that them may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for dial site. Nevertheless, the permit applicant or other person who requested this preliminary m has declined an exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "preconstmetion notification” (PCN), or requests verification for a non-reporting NWP or otter general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has die option to request an approved JD before accepting the terms and couditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right in request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a pemtiC authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved In cortuartes the applicant's acceptance of the use of the preliminary ID, but that either form of Jr) will be processed as soon as is practicable; (b) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance con any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity an jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforeement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved M or a preliminary m, that JD will be processed as soon as is practicable. Further, an approved JD, a preffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that adounistonve appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site or to provide an official delineation ofjurisdictional waters on the sire the Corps will provide an approved JD to actor lisp that rasuft, as soon as is practicable. PRELIMINARY This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: Appendix A - Sites District Office Los Angeles District File/ORM # SPLr2016-00305 PJD Date: May 18, 2016 State CA City/County Newport Beach/Orange Person Requestinq PJD Bob Stein Est. Amount of Site Aquatic Resource Class of Number Latitude Longitude Cowardin Class in Review Area Aquatic Resource 1 33.628410 117.879163 raiusawe, emergent 0.65 acre Non -Section l0 wetland F2 33.628410 117.87849 Pamsmne,_scmb-shrub 4.0 acres Non -Section 10 non -wetlam Dnal Delineation Report (December 2015) for comprehensive maps and details of respective wetland and non -wetland waters of the US. A Jurisdiction Map (Figure 1) is included with preliminary JD form. All three parameters were used for wetland determination. OHWM was determined back upon changes in substrate, water marks, vegetation changes and sediment deposits. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, Jr., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 11/29/16 200 Oceangate, Suite 1000 Thl2b Long Beach, CA 90802-4302 7/23/16 (562)590-5071 8/11/16 Filed: 6/2/16 180th Day: 11/29/16 Staff: AD -LB Staff Report: 7/23/16 Hearing Date: 8/11/16 STAFF REPORT: REGULAR CALENDAR Application No.: 5-16-0059 Applicant: City of Newport Beach Agent: ESA, David Pohl Location: 1855 Jamboree Road, Newport Beach (County of Orange) Project Description: 6 -acre Habitat Restoration and Water Quality Improvement Project for stabilization of Big Canyon creek banks, and restoration of the floodplain to include removal of non-native vegetation, grading of 15,000 cubic yards of soil to remove excess selenium, construction of a dry -weather diversion structure, expansion of the existing culvert, construction of a concrete lined stilling basin and rip rap, a water quality treatment bio -retention cell, creation of a 0.25 acre wetland, a dosing station, public access trail and signage, maintenance road improvements and turn -around, significant habitat restoration and enhancement. Staff Recommendation: Approval with conditions. SUMMARY OF STAFF RECOMMENDATION The project is within the 60 -acre Big Canyon Creek Nature Park primarily located between Jamboree Road to the east and Back Bay Drive to the west, bounded by residential communities to the North and South along the creek bluffs, approximately 1 mile north of Coast Highway. The creek flows west into the Upper Newport Bay State Ecological Reserve within the City of Newport Beach (Exhibit 1). The area is located between the first public road and the sea (Bay) and is designated open space in the City's certified Land Use Plan. The project area is a 6 acre site immediately adjacent to Jamboree Road and currently contains 4 acres of riparian habitat as well as 1.53 acres of coastal sage scrub alliances, 0.10 acre of alkali 5-16-0059 (City of Newport Beach, Big Canyon) marsh, freshwater wetlands, and non-native grasses and invasive vegetation. An existing culvert under Jamboree Road provides a hydrological connection between the area to the east of Jamboree, which is currently developed with a golf course, to the west where the creek floodplain exists. There are several existing sanitary sewer lines and 2 maintenance roads within the project area, as well as public trails. Big Canyon provides habitat for sensitive plant and animal species including California boxthorn as noted in the project area, Coastal California gnatcatcher and Least Bell's Vireo. Within the riparian habitat, there are a significant number of invasive trees including Brazilian Peppertree and Myoporum, as well as a dense understory of invasive plants such as English Ivy and pampas grass. The Big Canyon Creek Restoration Project proposes to re-establish a functioning complex of wetland and upland habitats. The project will address existing environmental problems in Big Canyon, including uncontrolled erosion and sedimentation, dominant presence of non-native invasive plant species, an excess of selenium in the soil that is leaching contaminating the water, restoration of native habitats and enhance public access. Selenium can affect fish and wildlife reproduction. After a significant study, the City of Newport Beach ascertained that the source of the excess selenium is a natural source within the underlying Miocene Monterey soil Formation, which is a natural land faction that forms much of the white bluffs of the creek banks and extends along the entire watershed. The changes to the canyon hydrology due to urbanization have likely contributed to the mobilization of selenium by disturbing the underlying formation. While selenium is an essential micronutrient for normal animal nutrition, small concentrations above those required may produce toxic effects which range from physical malformations during embryonic development to sterility and death. Since selenium in aquatic ecosystems is readily taken up by aquatic organisms, concentrations can easily reach levels toxic to fish and other wildlife. In order to protect the sensitive habitat of the wetlands and floodplain, the excess selenium must be addressed. The improvement to the water quality of the creek and wetlands is part of the holistic restoration of the wetlands and habitat because clean water is a crucial part of a functioning wetland and riparian ecosystem. The City of Newport Beach proposes to implement a Habitat Restoration and Water Quality Improvement Project to include restoration of the floodplain, stabilization of the Big Canyon Creek streambank, removal of non -natives and habitat restoration in two phases. Phase 1 includes: construction of a dry weather flow diversion structure on the east side of Jamboree road (outside of the coastal zone), expansion of the existing culvert under Jamboree Road, and on the west side of Jamboree road construction of a concrete lined stilling basin and rip rap, a water quality treatment bio -retention cell and a 0.25 acre new wetland habitat area, construction of a dosing station and maintenance road, turn -around, and expansion of the existing gravel maintenance road access and curb cut, create public trail connections and access points to existing trails and install signage. Phase 1 includes all water quality improvements, as well as the restoration and creation of wetland habitat and riparian habitat enhancement, and the creation of new Coastal Sage Scrub habitat. Phase 2 of the project is subject to future funding and would include additional restoration of the riparian habitat and additional enhancement. Overall, the project will result in improved water quality and habitat for Big Canyon through the removal of selenium, treatment of road runoff, removal of 1.85 acres of invasive species and the creation, restoration and enhancement of riparian habitat, and the restoration of upland habitat (coastal sage scrub). Watershed improvements include the removal of toxins, flood flow attenuation, 5-16-0059 (City of Newport Beach, Big Canyon) and habitat improvement for Big Canyon. The applicant expects to start construction in the fall, outside of the nesting season, to avoid losing grant funds. Special Condition 8 requires the applicant adhere to construction BMPs to be found consistent with Sections 30230 and 30231 of the Coastal Act regarding the protection of water quality to promote the biological productivity of coastal waters and to protect human health. The habitat restoration and the wetland and creek water restoration will be a significant improvement in the quality of the creek and water flows into the bay and the ocean. Because the project has been designed to be the least environmentally damaging alternative, and has the primary goal of restoration of the floodplain and quality of water, the project has little to no adverse environmental effects. The Commission finds that the proposed development, as conditioned, conforms with Sections 30233 of the Coastal Act and is an allowed use within wetlands, is the least environmentally damaging alternative, and provides more than sufficient mitigation for the adverse environmental impacts. Special Condition 1 requires final revised construction and site plans. Special Condition 2 requires the applicant submit a final Operations and Maintenance Plan describing all proposed maintenance activities. The project will enhance the fish and wildlife habitat of the creek and the bay as a result of the restoration of the floodplain, so it is an allowed use under Coastal Act Section 30236. Special Condition 3 requires that the applicant provide a revised restoration and monitoring plan to ensure that the quality of the restoration project will be monitored to ensure that the biological productivity of the site is improved in as -built conditions. Special Condition 4 requires the applicant submit a revised staging plan to protect the existing habitat from degradation during staging and construction. The riparian and coastal sage scrub habitat has the potential to provide nesting and foraging resources for sensitive species including the Least Bell's Vireo, the coastal California gnatcatcher, raptors and other species. In order to protect the sensitive species in the project area, Special Conditions 6 and 7 require the applicant provide for a biological monitor during construction to protect sensitive species and to abide by a construction schedule to avoid impacting habitat during nesting season. As conditioned, the project is consistent with the resource protection policies of Section 30240 of the Coastal Act. Special Condition 5 requires the applicant ensure public access to the trail network or provide an alternative route during construction and submit a final signage plan to maximize public access and recreation. The proposed project is consistent with sections 30210 for maximum recreational opportunities and signage and 30212 as the trail network will provide access to the Bay and coastal waters. Special Condition 9 requires submittal of an archeological monitoring plan to ensure that any prehistoric or archaeological or paleontological cultural resources that may be present on the site and could be impacted by the proposed development receive proper protections in order for the 5-16-0059 (City of Newport Beach, Big Canyon) project to be found consistent with Section 30244 of the Coastal Act, Lastly, Special Condition 10 requires the applicant provide other resource agency approvals. Approval of the project will not prejudice the ability of the local government to certify an LCP and the project as conditioned is the least environmentally damaging alternative consistent with CEQA. Staff recommends APPROVAL of the project, only as conditioned. 5-16-0059 (City of Newport Beach, Big Canyon) TABLE OF CONTENTS I. MOTION AND RESOLUTION....................................................6 II. STANDARD CONDITIONS.........................................................6 111. SPECIAL CONDITIONS............................................................7 IV. FINDINGS AND DECLARATIONS A. PROJECT LOCATION AND DESCRIPTION.....................................16 B. MARINE AND LAND RESOURCES................................................21 C. PUBLIC ACCESS.......................................................................29 D. CULTURAL AND ARCHEOLOGCIAL RESOURCES ..........................30 D LOCAL COASTAL PROGRAM(LCP).............................................31 E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)..................31 EXHIBITS Exhibit No. 1 —Location Map Exhibit No. 2 — Site Plan Exhibit No. 3 — Habitat Restoration and Water Quality Plans Exhibit No. 4 — Trail Plan APPENDIX 1— Cultural Resource Testing Plan Procedures 5 5-16-0059 (City of Newport Beach, Big Canyon) I. MOTION AND RESOLUTION Motion: I move that the Commission approve Coastal Development Permit No. 5-16-0059 pursuant to the staff recommendation. Staff recommends a YES vote. Passage of this motion will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present. Resolution: The Commission hereby approves a Coastal Development Permit for the proposed development and adopts the f ndings set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment; or 2) there are no further feasible mitigation measures or alternatives that will substantially lessen any significant adverse impacts of the development on the environment. II. STANDARD CONDITIONS This permit is granted subject to the following 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 terns 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. 0 5-16-0059 (City of Newport Beach, Big Canyon) III. SPECIAL CONDITIONS This permit is granted subject to the following special conditions: 1. Final Revised Plans A. 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 the following revised final plans, modified as required below. 1. A grading plan that substantially conforms with the plans submitted to the Commission on January 25, 2016 that includes grading elevations and quantities and depicts the limits of disturbance; 2. A site plan that substantially conforms with the plans submitted to the Commission on January 25, 2016 revised to show all infrastructure, interpretive amenities, trail signage, and any other appurtenances which conform with the requirements of the special conditions of this permit; 4. B. All revised plans shall be prepared and certified by a licensed professional or professionals as applicable (e.g., biologist, geotechnical engineer), based on current information and professional standards, and shall be certified to ensure that they are consistent with the Commission's approval and with the recommendations of any required technical reports. C. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director determines that no amendment is legally required for any proposed minor deviations. 2. Final Operations and Maintenance Plan A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two copies of a plan for the post -construction operations and maintenance of the project and management of the habitat. The plan shall be prepared by a qualified professional restoration biologist and an engineer. 1. The plan shall demonstrate that the operation and maintenance of the water quality improvements shall not result in habitat impacts. 2. The plan shall include, at a minimum, the following components: proposed routine maintenance activities to all project elements (i.e., diversion and culvert structures, subdrain systems, basins and wetlands, rip -rap, creek channel, trails, interpretive areas) site inspections, repair, frequency of sediment removal at sediment basin, retrieval and restacking of rip rap at various aprons. Some maintenance activities may require subsequent Coastal Act authorization, as identified by the Executive Director. B. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director determines that no amendment is legally required for any proposed minor deviations. 5-16-0059 (City of Newport Beach, Big Canyon) 3. Final Habitat Restoration and Monitoring Plan PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, a final detailed restoration and monitoring plan for all impacts to sensitive biological resources. Said plan shall be in substantial conformance with the Revegetation and Habitat Monitoring Plan prepared by ESA and dated April 2016 and shall be prepared by a qualified restoration ecologist and include, at a minimum, the following: 1. A baseline assessment, including photographs, of the current physical and ecological condition of the proposed restoration site, including, as appropriate, a wetland delineation conducted according to the definitions in the Coastal Act and the Commission's Regulations, a description and map showing the area and distribution of vegetation types, and a map showing the distribution and abundance of sensitive species. Existing vegetation, wetlands, and sensitive species shall be depicted on a map that includes the footprint of the proposed restoration. 2. A description of the goals of the restoration plan, including, as appropriate, topography, hydrology, vegetation types, sensitive species, and wildlife usage. 3. A description of planned site preparation and invasive plant removal; 4. A restoration plan including the planting palette (seed mix and container plants), planting design, source of plant material, plant installation, erosion control, irrigation, and remediation. The planting palette shall be made up exclusively of native plants that are appropriate to the habitat and region and that are grown from seeds or vegetative materials obtained from local natural habitats so as to protect the genetic makeup of natural populations. Horticultural varieties shall not be used. 5. A plan for documenting and reporting the physical and biological "as built" condition of the mitigation site within 30 days of completion of the initial restoration activities. This is a simple report describing the field implementation of the approved restoration program in narrative and photographs, and reporting any problems in the implementation and their resolution. The "as built" assessment and report shall be completed by a qualified biologist, who is independent of the installation contractor. 6. A plan for interim monitoring and maintenance, including: a. A schedule b. Interim performance standards c. A description of field activities d. The monitoring period (Not less than 5 years). e. Provision for submission of annual reports of monitoring results to the Executive Director for the duration of the required monitoring period, beginning the first year after submission of the "as -built" report. Each report shall be cumulative and shall summarize all previous results. Each report shall document the condition of the restoration with photographs taken from the same fixed points in the same directions. Each report shall also include a "Performance Evaluation" section where information and results from the monitoring program are used to evaluate the status of the restoration project in relation to the interim performance standards and final success criteria. H 5-16-0059 (City of Newport Beach, Big Canyon) Final Success Criteria for each habitat type, including, as appropriate: a. species diversity b. total ground cover of vegetation c. vegetative cover of dominant species and defmition of dominants (e.g., Army Corps of Engineers "50/20" rule, enumeration, species with greater than a threshold of abundance, etc.) d. wildlife usage e. hydrology f. presence and abundance of sensitive species or other individual "target" species 8. The method by which "success" will be judged, including: a. Type of comparison. Possibilities include comparing a census of the restoration site to a fixed standard derived from literature or observations of natural habitats, comparing a census of the restoration site to a sample from a reference site, comparing a sample from the restoration site to a fixed standard, or comparing a sample from the restoration site to a sample from a reference site. b. Identification and description, including photographs, of any reference sites that will be used. c. Test of similarity. This could simply be determining whether the result of a census was above a predetermined threshold. Generally, it will entail a one- or two -sample t-test. d. The field sampling design to be employed, including a description of the randomized placement of sampling units and the planned sample size. e. Detailed field methods. f Specification of the maximum allowable difference between the restoration value and the reference value for each success criterion g. Where a statistical test will be employed, a statistical power analysis to document that the planned sample size will provide adequate statistical power to detect the maximum allowable difference. Generally, sampling should be conducted with sufficient replication to provide 90% power with alpha --0.10 to detect the maximum allowable difference. This analysis will require an estimate of the sample variance based on the literature or a preliminary sample of a reference site. Power analysis software is available commercially and on the world wide web (e.g., http://www.stat.uiowa.edu/—rlenth/Power/index.html). h. A statement that final monitoring for success will occur after at least 3 years with no remediation or maintenance activities other than weeding. 9. Provision for submission of a final monitoring report to the Executive Director at the end of the final monitoring period. The final report must be prepared by a qualified restoration ecologist. The report must evaluate whether the restoration site conforms to the goals and success criteria set forth in the approved final restoration program. 5-16-0059 (City of Newport Beach, Big Canyon) 10. Provision for possible further action. If the final report indicates that the restoration project has been unsuccessful, in part or in whole, based on the approved success criteria, the applicant shall submit within 90 days a revised or supplemental restoration program to compensate for those portions of the original program which did not meet the approved success criteria. The revised restoration program shall be processed as an amendment to this coastal development permit unless the Executive Director determines that no permit amendment is legally required. The permittee shall undertake mitigation and monitoring in accordance with the approved final, revised upland mitigation plan. Any proposed changes to the approved final, revised plans shall be reported to the Executive Director. No changes to the plans 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 Staging Plan A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a plan for the review and approval of the Executive Director which indicates that the construction staging area(s) will avoid impacts to public access to the bay and avoid impacts to sensitive habitat areas. The construction staging plan shall be for Phase I and Phase II and shall demonstrate: a. Construction equipment shall not be stored outside the staging area b. Habitat (vegetated) areas shall not be used for staging or storage of equipment c. The staging area for construction of the project shall not obstruct access to Upper Newport Bay Ecological Reserve 2. The plan shall include, at a minimum, the following components: A site plan that depicts: (1) limits of the staging area(s) (2) construction conidor(s) (3) construction site (4) location of construction fencing and temporary job trailers B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 5. Public Access Signage By acceptance of this permit, the applicant agrees that: The applicant shall implement the proposed project in phases which allow for maximum public access while at the same time ensuring safe public use, minimize road closures to maximum extent practicable, and provide alternative public routes to the shores of Upper Newport Bay. 10 5-16-0059 (City of Newport Beach, Big Canyon) During any construction which requires the obstruction of a road or trail used for public access, the applicant shall provide temporary signage, placed in conspicuous locations, which identify alternative public access routes. PRIOR TO THE ISUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and approval by the Executive Director, a signage plan for the proposed interpretative and directional trail signs. Plans shall identify all signs and any other project elements that will be used to educate, facilitate, manage and provide public access to and along the trail. Signs shall be sited and designed so as to provide clear information without impacting public views and site character. Signs are not permitted in areas of ESHA or wetlands and should be located as close to the trail as possible. 6. Biological Monitor By acceptance of this permit, the applicant agrees that: An appropriately trained biologist shall monitor the proposed development for disturbance to sensitive species or habitat area. At minimum, monitoring shall occur once a week during any week in which construction occurs. Daily monitoring shall occur during development which could significantly impact biological resources such as dredging or construction that could result in disturbances to the Raptors or sensitive species in the area. Based on field observations, the biologist shall advise the applicant regarding methods to minimize or avoid significant impacts, which could occur upon sensitive species or habitat areas. The applicant shall not undertake any activity, which would disturb habitat area unless specifically authorized and mitigated under this coastal development permit or unless an amendment to this coastal development permit for such disturbance has been obtained from the Coastal Commission. 7. Construction Timing By acceptance of this permit, the applicant agrees that: 1. If construction activities, including but not limited to grading, construction, restoration activities, or other disturbance are to occur between February 1 and September 15, a pre -construction nesting bird survey shall be conducted to determine the presence of active nests within 500 feet of the construction activities. The nesting bird surveys shall be completed no more than 72 hours prior to any construction activities. All ground -disturbance activities within 500 feet of raptor nests or other active nests or as specified below shall be halted until that nesting effort is finished. 2. The monitor shall review and verify compliance with these nesting boundaries and shall verify when the nests have been naturally vacated for the season, with no human interference. Work may resume when no other active nests are found. Upon completion of the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to the Executive Director. 3. Appropriate noise -abatement measures (e.g., sound walls) shall be implemented to ensure that noise levels are less than 60 A -weighted decibels (dBA) at the active nest of a listed species, as determined by the biological monitor. This shall be verified by weekly noise monitoring at an equivalent location conducted by a qualified Acoustical Engineer during the breeding 11 5-16-0059 (City of Newport Beach, Big Canyon) season (February 1 to September 15) or as otherwise determined by a qualified biological monitor based on nesting activity. The applicant further agrees that Construction during Breeding and Non -Breeding Seasons for Sensitive Species 4. Activities involving disturbance or removal of riparian vegetation shall be prohibited during the least Bell's vireo breeding season (March 15 to September 15). 5. Vegetation impacts shall be monitored by a qualified Biologist. The Biological Monitor shall delineate (by the use of orange snow fencing or lath and ropes/flagging) all areas adjacent to the impact area that contain habitat suitable for sensitive bird occupation (i.e., California gnatcatcher, Belding savannah sparrow, light-footed clapper rail) and raptors. 6. Prior to and during any disturbance of suitable gnatcatcher habitats outside the gnatcatcher breeding season, the biologist shall locate any individual gnatcatchers on-site and direct clearing to begin in an area a minimum of 300 feet away from the birds. No site disturbance shall occur until the individual birds have naturally vacated the area without human interference. It shall be the responsibility of the permittee to assure that gnatcatchers shall not be directly injured or killed by impacts to Coastal Sage Scrub or other Scrub communities. 7. Prior to initiating vegetation impacts or project construction, the biological monitor shall meet on-site with the construction manager or other individual(s) with oversight and management responsibility for the day- to -day activities on the construction site to discuss implementation of the relevant avoidance and minimization mitigation measures for gnatcatchers. The biologist shall meet as needed with the construction manager (e.g., when new crews are employed) to discuss implementation of these measures. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved revised final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required 8. Construction and Pollution Prevention Plan PRIOR TO THE COMMENCEMENT OF CONSTRUCTION the applicant shall submit, for the review and written approval of the Executive Director, a final Construction and Pollution Prevention Plan prepared and certified by a qualified licensed professional. The final Plan shall demonstrate that all construction, including, but not limited to, clearing, grading, staging, storage of equipment and materials, or other activities that involve ground disturbance; building, reconstructing, or demolishing a structure; and creation or replacement of impervious surfaces, complies with the following requirements: A. Minimize Erosion and Sediment Discharge. During construction, erosion and the discharge of sediment off-site or to coastal waters shall be minimized through the use of appropriate Best Management Practices (BMPs), including: 12 5-16-0059 (City of Newport Beach, Big Canyon) 1. Land disturbance during construction (e.g., clearing, grading, and cut -and -fill) shall be minimized, and grading activities shall be phased, to avoid increased erosion and sedimentation. 2. Erosion control BMPs (such as mulch, soil binders, geotextile blankets or mats, or temporary seeding) shall be installed as needed to prevent soil from being transported by water or wind. Temporary BMPs shall be implemented to stabilize soil on graded or disturbed areas as soon as feasible during construction, where there is a potential for soil erosion to lead to discharge of sediment off-site or to coastal waters. 3. Sediment control BMPs (such as silt fences, fiber rolls, sediment basins, inlet protection, sand bag barriers, or straw bale barriers) shall be installed as needed to trap and remove eroded sediment from runoff, to prevent sedimentation of coastal waters. 4. Tracking control BMPs (such as a stabilized construction entrance/exit, and street sweeping) shall be installed or implemented as needed to prevent tracking sediment off- site by vehicles leaving the construction area. 5. Runoff control BMPs (such as a concrete washout facility, dewatering tank, or dedicated vehicle wash area) that will be implemented during construction to retain, infiltrate, or treat stormwater and non-stormwater runoff. B. Minimize Discharge of Construction Pollutants. The discharge of other pollutants resulting from construction activities (such as chemicals, paints, vehicle fluids, petroleum products, asphalt and cement compounds, debris, and trash) into runoff or coastal waters shall be minimized through the use of appropriate BMPs, including: 1. Materials management and waste management BMPs (such as stockpile management, spill prevention, and good housekeeping practices) shall be installed or implemented as needed to minimize pollutant discharge and polluted runoff resulting from staging, storage, and disposal of construction chemicals and materials. BMPs shall include, at a minimum: i. Covering stockpiled construction materials, soil, and other excavated materials to prevent contact with rain, and protecting all stockpiles from stormwater runoff using temporary perimeter barriers. ii. Cleaning up all leaks, drips, and spills immediately; having a written plan for the clean-up of spills and leaks; and maintaining an inventory of products and chemicals used on site. iii. Proper disposal of all wastes; providing trash receptacles on site; and covering open trash receptacles during wet weather. iv. Prompt removal of all construction debris from the wetland area. V. Detaining, infiltrating, or treating runoff, if needed, prior to conveyance off- site during construction. 2. Fueling and maintenance of construction equipment and vehicles shall be conducted off site if feasible. Any fueling and maintenance of mobile equipment conducted on site shall take place at a designated area located at least 50 feet from coastal waters, drainage courses, and storm drain inlets, if feasible (unless those inlets are blocked to protect against fuel spills). The fueling and maintenance area shall be designed to fully contain any spills of fuel, oil, or other contaminants. Equipment that cannot be feasibly relocated to a designated fueling and maintenance area (such as cranes) may be fueled and maintained in other areas of the site, provided that procedures are implemented to fully 13 5-16-0059 (City of Newport Beach, Big Canyon) contain any potential spills. C. Minimize Other Impacts of Construction Activities. Other impacts of construction activities shall be minimized through the use of appropriate BMPs, including: 1. The damage or removal of non-invasive vegetation (including trees, native vegetation, and root structures) during construction shall be minimized, to achieve water quality benefits such as transpiration, vegetative interception, pollutant uptake, shading of waterways, and erosion control. 2. Soil compaction due to construction activities shall be minimized, to retain the natural stormwater infiltration capacity of the soil. 3. The use of temporary erosion and sediment control products (such as fiber rolls, erosion control blankets, mulch control netting, and silt fences) that incorporate plastic netting (such as polypropylene, nylon, polyethylene, polyester, or other synthetic fibers) shall be avoided, to minimize wildlife entanglement and plastic debris pollution. D. Construction In, Over, or Adjacent to Coastal Waters and Habitat. Construction taking place adjacent to coastal waters and habitat shall protect the coastal waters and habitat by implementing additional BMPs, including: 1. No construction equipment or materials (including debris) shall be allowed at any time outside of the project area. 2. All work shall take place during daylight hours, and lighting of the wetlands is prohibited. 3. Tarps or other devices shall be used to capture debris, dust, oil, grease, rust, dirt, fine particles, and spills to protect the quality of coastal waters. 4. All erosion and sediment controls shall be in place prior to the commencement of construction, as well as at the end of each workday. At a minimum, if grading is taking place, sediment control BMPs shall be installed at the perimeter of the construction site to prevent construction -related sediment and debris from entering the waterways, natural drainage swales, and the storm drain system. E. Manage Construction -Phase BMPs. Appropriate protocols shall be implemented to manage all construction -phase BMPs (including installation and removal, ongoing operation, inspection, maintenance, and training), to protect coastal water quality. F. Construction Site Map and Narrative Description. The Construction and Pollution Prevention Plan shall include a construction site map and a narrative description addressing, at a minimum, the following required components: 1. A map delineating the construction site, construction phasing boundaries, and the location of all temporary construction -phase BMPs (such as silt fences, inlet protection, and sediment basins). 2. A description of the BMPs that will be implemented to minimize land disturbance activities, minimize the project footprint, minimize soil compaction, and minimize damage or removal of non-invasive vegetation. Include a construction phasing schedule, if applicable to the project, with a description and timeline of significant land disturbance activities. 3. A description of the BMPs that will be implemented to minimize erosion and sedimentation, control runoff and minimize the discharge of other pollutants resulting 14 5-16-0059 (City of Newport Beach, Big Canyon) from construction activities. Include calculations that demonstrate proper sizing of BMPs. 4. A description and schedule for the management of all construction -phase BMPs (including installation and removal, ongoing operation, inspection, maintenance, and training). Identify any temporary BMPs that will be converted to permanent post - development BMPs. 9. Cultural Resource Treatment and Monitoring Plan A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of the Executive Director an archeological/cultural resources monitoring plan prepared by a qualified professional, which shall incorporate the following measures and procedures: 1. The monitoring plan shall ensure that any prehistoric archaeological or paleontological or Native American cultural resources that are present on the site and could be impacted by the approved development will be identified so that a plan for their protection can be developed. To this end, the cultural resources monitoring plan shall require that archaeological and Native American monitors be present during all grading operations and subsurface construction activity that has the potential to impact cultural resources. There shall be at least one pre -grading conference with the project manager and grading contractor at the project site in order to discuss the potential for the discovery of archaeological/cultural or paleontological resources. 2. Archaeological monitor(s) qualified by the California Office of Historic Preservation (OHP) standards, Native American monitor(s) with documented ancestral ties to the area appointed consistent with the standards of the Native American Heritage Commission (NAHC), and the Native American most likely descendent (MLD) when State Law mandates identification of a MLD, shall monitor all project grading and subsurface construction activity (such as trenching for utilities) that has the potential to impact cultural resources, as required in the approved cultural resources monitoring plan required above. 3. The permittee shall provide sufficient archeological and Native American monitors to assure that all project grading and subsurface construction activities that has any potential to uncover or otherwise disturb cultural deposits is monitored at all times; 4. If any archaeological or paleontological, i.e. cultural deposits, are discovered; including but not limited to skeletal remains and grave -related artifacts, artifacts of traditional cultural, religious or spiritual sites, or any other artifacts, all construction shall cease within at least 50 feet of the discovery, and the permittee shall carry out significance testing of said deposits in accordance with the attached "Cultural Resources Significance Testing Plan Procedures" (Appendix 1). The permittee shall report all significance testing results and analysis to the Executive Director for a determination 15 5-16-0059 (City of Newport Beach, Big Canyon) of whether the deposits are significant. 5. If the Executive Director determines that the discovery is significant, the permittee shall seek an amendment from the Commission to determine how to respond to the discovery and to protect both those and any further cultural deposits that are encountered. Development within at least 50 feet of the discovery shall not recommence until an amendment is approved, and then only in compliance with the provisions of such amendment. 10. Other Agency Approvals PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall provide to the Executive Director a copy of each permits issued by the California Department of Fish and Wildlife, Regional Water Quality Control Board, US Army Corps of Engineers, the US Fish and Wildlife Service, and the State Lands Commission (hereinafter "other resource agencies"), or a letter of permission, or evidence that no permit or permission is required. The applicant shall inform the Executive Director of any changes to the project required by the other resource agencies. Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this coastal development permit, unless the Executive Director determines that no amendment is legally required. IV. FINDINGS AND DECLARATIONS: The Commission hereby finds and declares: A. PROJECT LOCATION AND DESCRIPTION The project is within the 60 -acre Big Canyon Creek Nature Park primarily located between Jamboree Road to the east and Back Bay Drive to the west, bounded by residential communities to the North and South along the creek bluffs, approximately 1 mile north of Coast Highway. The creek flows west into the Upper Newport Bay State Ecological Reserve within the City of Newport Beach (Exhibit 1). The area is located between the first public road and the Bay and is designated open space in the City's certified Land Use Plan. The site is a natural canyon with a perennial stream with steep canyon slopes and a narrow floodplain. Slopes of the canyon range in elevation from 20-75 feet above mean sea level (MSL) and the canyon creek elevation ranges from below MSL to 25 feet above MSL. The Big Canyon Creek flows from the east to the west through the Nature Park draining into the Bay. The canyon represents the only natural, undeveloped portion of the Big Canyon Creek watershed and is the only significant remaining natural canyon on the east side of Newport Bay. The Big Canyon Creek Watershed is approximately 2 square miles and drains directly into Upper Newport Bay. The project site is located on land owned by the City of Newport Beach. The project site is contained to lands that are not tidelands. The project area is a 6 acre site immediately adjacent to Jamboree Road (Exhibit 2). An existing culvert under Jamboree Road provides a hydrological connection between the area to the east of Jamboree (the portion of the project that is outside the coastal zone) which is currently developed with a golf course, to the west where the creek floodplain exists. Ornamental vegetation is present near the residential areas. There are several existing sanitary sewer lines and 2 maintenance roads within the project area, as well as public trails. Big 16 5-16-0059 (City of Newport Beach, Big Canyon) Canyon provides habitat for sensitive plant and animal species including California boxthom as noted in the project area, Coastal California Gnatcatcher and Least Bell's Vireo, as well as other non-threated species. The 6 are project site contains freshwater wetlands that surround the creek. The wetlands and the creek bed contain sensitive plant communities, a majority of which is Southern Riparian Forest (specially mapped as disturbed Arroyo Willow Thicket), and a smaller area of Alkali Meadow (mapped as Alkali Heath Marsh Alliance and Cattail Marsh Alliance). The Coastal Sage Scrub habitat- Diegan Coastal Sage Scrub (specifically mapped as Lemonade Berry Alliance, Coyote Bush -California Sagebrush association, and California Sagebrush alliance) is present adjacent to Jamboree Road and along the banks of the creek. The project area currently contains 4 acres of riparian habitat, as well as 1.53 acres of coastal sage scrub alliances, and 0.10 acre of alkali marsh. The project area also contains large areas of invasive plants mapped as Pepper Tree and Myoporum Groves within the riparian habitat, and non-native grasses with upland mustard and disturbed areas scattered throughout the site. Within the riparian vegetation, there are scattered invasive palm trees and a dense understory of invasive plants such as English Ivy and pampas grass. The Big Canyon Creek Restoration Project proposes to re-establish a functioning complex of wetland and upland habitats. The project will address existing environmental problems in Big Canyon, including uncontrolled erosion and sedimentation, dominant presence of non-native invasive plant species, an excess of selenium in the soil that is leaching contaminating the water, restoration of native habitats and enhance public access. The proposed project is a voluntary restoration project driven by the City with grant funding; it is not mitigation to offset impacts from other development. Selenium can affect fish and wildlife reproduction. After a significant study, the City of Newport Beach ascertained that the source of the excess selenium is a natural source within the underlying Miocene Monterey soil Formation, which is a natural land faction that forms much of the white bluffs of the creek banks and extends along the entire watershed. The changes to the canyon hydrology due to urbanization have likely contributed to the mobilization of selenium by disturbing the underlying formation. In order to protect the sensitive habitat, the excess selenium must be addressed. As previously described, Big Canyon provides habitat for numerous plant and wildlife species. Several federally listed plant and avian species associated with wetland and marsh habitats have been observed or have a high potential to occur within the Project Area. Many of the habitats and plant communities are fragmented, discontinuous, and threatened by invasive plants such as Brazilian peppertree and myoporum. The City of Newport Beach proposes to create a 6 -acre Habitat Restoration and Water Quality Improvement Project to include restoration of the floodplain, stabilization of the Big Canyon creek streambank, removal of non -natives and habitat restoration in two phases. Phase 1 includes: construction of a dry weather flow diversion structure on the east side of Jamboree road (outside of the coastal zone), expansion of the existing culvert under Jamboree Road, and on the west side of Jamboree road construction of a concrete lined stilling basin and rip rap, a water quality treatment 17 5-16-0059 (City of Newport Beach, Big Canyon) bio -retention cell and a 0.25 acre new wetland habitat area, construction of a dosing station and maintenance road, tarn -around, and expansion of the existing gravel maintenance road access and curb cut, create public trail connections and access points to existing trails and install signage (Exhibit 3). Permanent impacts equal 0.79 acres to wetland riparian habitat and 0.01 acre to Coastal Sage Scrub for infrastructure improvements. South of the natural flow -line of the creek, the floodplain will be graded down by 6 feet to allow periodic for floodplain inundation and to remove high selenium sediment and provide for soil amendments. Approximately 15,000 cubic yards of grading are required to remove excess selenium to improve water quality downstream, removing 1.75 acres of wetland riparian habitat. Phase 1 includes all infrastructure improvements, the restoration of 1.57 acres of wetland habitat and proposed mitigation creating 0.25 new wetland habitat and 0.65 acre riparian wetland enhancement and non-native removal, and creating 0.55 acres of new Coastal Sage Scrub habitat within areas that are disturbed and areas with non-native grasses. Phase 2 of the project would include: restoration of the remaining 0.46 acre wetland riparian habitat and additional enhancement of 0.39 acres and additional Coastal Sage Scrub creation. Construction staging will take place on the 0.25 acre area containing non-native grasses, and at the completion of construction, will be converted into a newly created wetland habitat. Phase 2 will occur only as funding becomes available, but is proposed as part of this application and would be permitted under this CDP. Groundwater in this area occurs at 5-7 feet below the existing ground surface. The 1.75 acre area of the floodplain will be graded to lower the current ground elevations to an elevation of approximately 39 feet mean sea level to access this permanent water source. A reduction of the elevation will bring the ground level closer to the groundwater table, thereby allowing for establishment of riparian vegetation that will be planted following grading and soil preparation activities. Once the excavation within the active floodplain has been conducted, soil amendments will be added and the soil will be disked. The project includes measures to treat storm flows and dry weather flows (run off) that will result in improved water quality for habitat and wildlife in Big Canyon. The stormwater treatment system will consist of a primary stormwater treatment structure and a bioretention cell. The purpose of the stormwater treatment system is to reduce transportation -related constituent concentrations currently discharged to Big Canyon Creek during storm events and to attenuate stormwater peak -flow discharge rates from the contributing Jamboree Road drainage area. The transportation -related pollutants are currently conveyed to the receiving waters in Big Canyon Creek from a variety of sources, including vehicles, road maintenance, maintenance facility runoff, and landscaping maintenance. The hydrology of the project will direct storm water from the underground culvert into the creek and into the stilling basin, which will temporarily hold the flow to reduce the velocity and turbulence of the water. From there, the water will be directed by the rip rap and vegetated soil lifts to the existing creek flow. Clean water run-off from the golf course area would be captured by the dry weather flow diversion structure and conveyed through a pipe, along with water from the proposed Storm Sewer to capture discharges from Jamboree Road, into the bioretention cell for treatment. Treated water from the bioretention cell will be conveyed into the new 0.25 acre wetland habitat. The new wetland habitat will also accept clean water storm water. The wetland habitat is open to the existing creek drainage path. A clean water bypass will be constructed directing water straight from the golf course IN 5-16-0059 (City of Newport Beach, Big Canyon) area through a bioswale directly into the creek. The project includes a high-flow bypass allowing water to flow directly into the creek to avoid flooding during strong storm events and an emergency spillway from the bioretention cell into the creek. The bioretention cell is proposed to be an underground, modified constructed wetland that will be designed specifically to treat the suite of transportation -related pollutants found in urban watersheds. The bioretention cell from top to bottom will consist of layers of soil, sand, and gravel, underlain by an impermeable liner. The soil layer will be approximately 2 to 3 feet thick and will be underlain by a 6 -inch sand filter bed located between the bioretention soil and drainage gravel layer situated in the bottom of the bioretention cell. The bioretention cell will be constructed to treat stormwater flows that discharge from the primary stormwater treatment structure. The surface area of the bioretention cell will be approximately 0.47 acre in size and will contain riparian vegetation. Coastal Sage Scrub vegetation will be planted around the perimeter, on the berm, of the bioretention cell. The bioretention cell will treat approximately 0.75 inch of stormwater in a 24-hour period. The bioretention cell will attenuate and reduce the peak discharge rate to Big Canyon Creek during storm events. Stormwater will flow via gravity from the primary stormwater treatment structure to the bio cells. Pollutants will be removed from stormwater as it flows down through the treatment media. Treated water will flow from the bottom of the bioretention cell through a series of PVC pipes into a newly created wetland habitat area located to the south of the bioretention cell. The wetland habitat area will be graded to allow for infiltration to groundwater and for surface flow return to Big Canyon Creek. The new wetland habitat will be vegetated with riparian and wetland species. Temporary impacts include the floodplain grading and restoration, construction of the vegetated soil lifts and willow brush matts, and exotic removal activities. Due to the extensive invasive species presence in both the understory and overstory vegetation, the majority of impacts are considered beneficial in that they will result in improved riparian health. The construction related temporary impacts include the staging area adjacent to the existing access road on the southwestern portion of the project site and the staging area adjacent to Jamboree road, currently containing non-native grasses and disturbed areas. Upon completion of construction, the staging area will become the new 0.25 acre wetland habitat and the staging along Jamboree road will become a permanent public trail. Areas over existing utilities will be seeded with Coastal Sage Scrub, and the area will be regularly maintained. Other project elements include constructing a utility access road extension off of Jamboree road and a 12 x 16 foot area would contain a 7,800 gallon water storage tank and a pump station for a dosing station in order to control odor for the existing sanitary sewer lines in the area. The dosing station would be surrounded by a 10 foot high chain link fence. The utility access road would serve as a 15 foot wide public trail with access from Jamboree Road. The trail would connect to a proposed 3.5 foot wide trail north of the stilling basin and follow the creek bank, eventually connecting to an existing trail network within the creek bed leading to Back Bay Drive and the bay (Exhibit 4). 19 5-16-0059 (City of Newport Beach, Big Canyon) Overall, the project will result in improved water quality and habitat for the Upper Big Canyon through the removal of selenium, treatment of road runoff, removal of 1.85 acres of invasive species and the creation, restoration and enhancement of riparian habitat, and the restoration of upland habitat (coastal sage scrub). Watershed improvements include the transformation of toxins, flood flow attenuation, and habitat improvement for Upper Big Canyon. The applicant expects to start construction in the fall, outside of the nesting season, to avoid losing grant funds. Permit History CDP P-80-7346 and Appeal No. 332-80 (Orange County Sanitation District) On November 10, 1980, the South Coast Regional Commission granted to the Orange County Sanitation District No. 5 Coastal Development Permit P-80-7346 for the abandonment of an existing sewage pump station and force main. The 3 MGD 14-18 inch force main was proposed to be replaced by a 9 MGD 18-24 inch gravity main running from the Pacific Coast Highway trunk at Dunes Park, up Back Bay Drive, and through the south side of Big Canyon to Jamboree Road in Newport Beach, California. The permit was subject to 20 special conditions including construction related requirements, inspection by Fish and Flame, habitat restoration, and construction timing. Coastal Development Permit P-80-7346 was appealed to the State Coastal Commission on Appeal No. 332-80. The project was approved on appeal on February 18, 1981, subject to additional conditions regarding restoration, habitat preservation through an offer of dedication, and conformance with the special conditions imposed by the Regional Commission. Due to the high resource values along the sewer alignment, a condition of approval required a 7 -acre freshwater marsh restoration within Big Canyon to mitigate construction negative impacts to the light-footed clapper rail, the species most affected by the project's construction. The CDP required an irrevocable offer to dedicate the. area as an open space and conservation easement for permanent protection of the habitat values of the Big Canyon area. This offer to dedicate will expire in 2017. CDP 5-00-144 (Orange County Sanitation District) In August 2000, the Coastal Commission approved Coastal Development Permit 5-00-144 for the rehabilitation and replacement of approximately 9,500 linear feet of sewer line, plus installation of a manhole, and reconstruction of existing storm drain inlets along Back Bay Drive along the centerline of the existing paved roadway between the Bayside and inland habitats. The replacement of existing storm drain inlets and the pipe connecting the drain inlet to the discharge points was also within the paved roadway. The project was sited and designed to prevent impacts upon adjacent sensitive habitats by avoiding encroachment into sensitive habitat area and avoiding removal of native vegetation adjacent to Back Bay Drive. CDP Application 5-09-113 (City of Newport Beach) In 2009, the City of Newport Beach applied for a permit to address the erosion and water contamination of Big Canyon with a far greater project footprint. The project included the whole canyon, a 70 acre project site with impacts to 20 acres of habitat. The project consisted of 107,400 cu. yds. of sediment dredged from 6.46 acres and 63,100 cu. yds. of fill over 5.32 acres to realign Back Bay Drive and restoration 3.6 acres of historic tidal wetlands at the mouth of Big Canyon 20 5-16-0059 (City of Newport Beach, Big Canyon) Creek; construction of four new culverts under the realigned Back Bay Drive; 40,635 cu. yds. of material dredged from 4.29 acres and 12,515 cu. yds. of fill over 0.72 acre to re -grade Big Canyon Creek into a new 140' wide and 9'-16' deep channel; existing freshwater marsh modification requiring 47,310 cu. yds. of material dredged from 4.35 acres and 34,650 cu. yds. of fill over 2.29 acres; invasive plant species removal and planting of natives; relocation of 35 space public parking lot and restroom facilities; construction of an 1,100 sq. ft. amphitheater in new interpretive area, trails, new entrance from Jamboree Road to existing maintenance road and road erosion protection work. The application was withdrawn before the Commission hearing so the applicant could continue to study the source of the excess selenium and design a project to address the issue with less habitat impacts. B. MARINE AND LAND RESOURCES Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. Section 30233 of the Coastal Act states in part: (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (6) Restoration purposes. Section 30236 of the Coastal Act states: 21 5-16-0059 (City of Newport Beach, Big Canyon) Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to: (1) necessary water supply projects, (2) food control projects where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development; or (3) developments where the primary function is the improvement offish and wildlife habitat. Section 30240 of the Coastal Act states: (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. Although Chapter 3 of the Coastal Act is the standard of review for this project, the Commission notes there are policies equivalent to Section 30230, 30231, 30233, 30236 and 30240 of the Coastal Act in the Newport Beach Coastal Land Use Plan (LUP). Furthermore, the following LUP policies, among others, frame the issues of concern for the Big Canyon Environmental Study area (ESA)i as well as measures to address those issues. The LUP states (emphasis added): Potential impacts to the natural habitats in this study area (Big Canyon) include erosion creek water quality runoff. sedimentation, increased human activity, noise, invasive species, and uncontrolled public access. The goals of the restoration project will address several of the impacts noted in the LUP, listed above and restore the quality of the Big Canyon Creek ESA. Policy 4.1.3-1: Utilize the following mitigation measures to reduce the potential for adverse impact to ESA natural habitats from sources including, but not limited to, those identified in Table 4.1.1: B. Where pedestrian access is permitted, avoid adverse impacts to sensitive areas from pedestrian traffic through the use of well defined footpaths, boardwalks, protective fencing, signage and similar methods. C. Prohibit the planting of non-native plant species and require the removal of non -natives in coniunction with landscaping or reve a�projects in natural habitat areas. I The Land Use Plan defines Environmental Study Area as "...Relatively large, undeveloped areas containing natural habitats and may be capable of supporting sensitive biological resources." 22 5-16-0059 (City of Newport Beach, Big Canyon) D. Strictly control encroachments into natural habitats to prevent impacts that would significantly degrade the habitat. H. Participate in implementation of Total Maximum Daily Loads (TMLDs). I. Participate in programs to control sedimentation into and within Upper Newport Bay. J. Use docent programs to actively manage and enforce CDFG regulations in marine protected areas regarding the taking of intertidal and subtidal plants and animals and to minimize incidental trampling. M. Implement TMDLs into Newport Bay and local watersheds to minimize water quality problems along the coastline. N. Prohibit invasive species and require removal in new development. O. Implement and enforce TMDLs in watershed and Upper Newport Bay to improve water quality in Newport Harbor. The proposed trail locations avoid impacts to sensitive areas and are limited to the creek banks. The trails will provide a clearly defined path of travel for public access and recreation without disturbing the sensitive resources. The project is consistent with policy C, above, that requires the removal of non -natives during any revegetation project. The project is consistent with policies above referring to TMDLs in that the project addresses the excess selenium within the creek. In order to improve water quality and the marine environment of the bay and the creek, TMDLs are established by the EPA in order to set limits on any contaminants that can be present in bodies of water in order to protect human health and wildlife health using the water sources. Since the 1970s moderate selenium concentrations have been recorded near the mouth of the creek. Selenium can affect fish and wildlife reproduction. In 2002, the EPA established the TMDLs for toxic pollutants, including selenium, for Newport Bay. After a significant study, the City of Newport Beach ascertained that the source of the excess selenium is a natural source within the underlying Miocene Monterey soil Formation, which is a natural land faction that forms much of the white bluffs of the creek banks and extends along the entire watershed. The marine formation has many elements that can be hazardous to aquatic life, health, and the environment when in excess of the TMDLs. The changes to the canyon hydrology due to urbanization have likely contributed to the mobilization of selenium by disturbing the underlying formation. Prior to urbanization, the Big Canyon Creek likely functioned as an ephemeral stream and only had water in it during the wet season. Surface waters are now present in the creek year round because of the impermeability of the surrounding developed areas, which support a variety of beneficial uses including a freshwater pond in the creek bed, marsh and riparian habitats, however in order to protect the habitats, the excess selenium must be addressed. The LUP includes policies to ensure that the water quality of the creeks and bay are protected and the project as proposed implements these policies. 23 5-16-0059 (City of Newport Beach, Big Canyon) Marine Resources Big Canyon Creek is currently in a mostly natural, un -channelized condition within the Project Area. The creek drains approximately two square miles of urban developed land. The reservoir, irrigation water, and surface runoff provide a perennial supply of water to Big Canyon Creek and adjacent wetland areas. Big Canyon Creek drains into Upper Newport Bay through two culverts under Back Bay Road and into a salt marsh system on the western side of the road. Tidal activity occurs only within the salt marsh areas and currently has little or no influence on the freshwater systems to the east of Back Bay Road. The natural function of Big Canyon includes accommodating storm events and flooding; during large floods, such as a 100 -year flood, the entire canyon floor would be inundated. This natural flooding process provides the necessary soil moisture for plant growth. However, the channel banks and inverts are subject to erosion and sedimentation during flood events which may cause damages to roadways, an existing boardwalk bridge, and other infrastructure. Erosion and sedimentation also negatively impact habitat quality in the canyon and ultimately of Upper Newport Bay. An element of the Big Canyon Nature Park restoration project is to improve the creek flow and minimize areas of scour and sedimentation. The project includes a new culvert extension of the existing culvert at Jamboree Road that discharges flows from the watershed into the open creek. To prevent scour and erosion at this point, a stilling basin, rip rap and vegetated soil lifts are proposed to transition flows from the culvert into the creek at the most upstream point. Overall, the project will result in improved water quality and habitat for the Big Canyon through the removal of selenium, treatment of road runoff, and floodplain restoration. Watershed improvements include the transformation of toxins, flood flow attenuation, and habitat improvement for Big Canyon. Section 30230 of the Coastal Act states that marine resources shall be enhanced and restored and Section 30231 requires controlling runoff, preventing substantial interference with surface water flow and alteration of streams, and maintaining vegetation buffers around riparian habitats. The project as proposed meets the requirements of these sections and the goals of the project are consistent with the Coastal Act. Upper Newport Bay is listed as an impaired water body under section 303(d) of the Clean Water Act. According to this classification, the following contaminants occur in both Upper and Lower Newport Bay: pesticides and metals, nutrients, pathogens, and sediments/siltation. The Project intends to help meet these TMDLs by addressing the polluted runoff in the creek before contaminated water reach Upper Newport Bay. The proposed Project includes an integrated system of water quality improvement components, erosion and sedimentation control and use of natural habitats, and addresses not only excess selenium, but will also prevent other pollutants from reaching the Bay contributing to overall improved water quality and an improved marine environment. The proposed development includes measures to address discharge of polluted run-off from the surrounding urban areas into coastal waters. As construction activities may generate debris or sediment that could enter the wetlands, creek or Newport Bay, Special Condition 8 requires the applicant adhere to construction BMPs. The development, as proposed and as conditioned, incorporates design features to minimize the effect of construction activities on the marine environment. The Commission finds that the proposed development, as conditioned, conforms with 24 5-16-0059 (City of Newport Beach, Big Canyon) Sections 30230 and 30231 of the Coastal Act regarding the protection of water quality to promote the biological productivity of coastal waters and to protect human health. Filling of Wetlands The biological report submitted by the applicant indicates that Big Canyon contains 4.95 acres of jurisdictional wetlands, including riparian and marsh habitat. A total of 4.95 acres of wetlands and riparian and marsh habitat were surveyed, however, approximately 4 acres are within the project area. Of that, 0.57 acre of wetlands will be impacted by the bioretention cell. However, the bioretention cell itself will contain 0.47 acre of restored wetland habitat and a new 0.25 acre wetland habitat area will be created adjacent to the bioretention cell within a disturbed area of non-native grasses. Additionally, 0.33 acre of enhancement of wetland habitat is proposed. A total of 1.75 acre of wetland habitat will be impacted by other restoration activities associated with the removal of selenium and the repair of the creekbed and floodplain. However, 2.08 acres of wetland and riparian habitat will be restored. Overall, the restoration project will have a net increase of wetland habitat and existing wetland habitat will be enhanced through removal of non-native plants. In order to be consistent with Section 30233, a project that involves filling or dredging in a wetland must meet the three -prong test. The use must be one of the uses specifically allowed, it must be the least environmentally damaging alternative, and it must provide adequate mitigation to offset any impacts created by the project. The project does meet the list of limited approvable projects for fill of wetlands under section 30233, (6) Restoration and has been designed to be the least environmentally damaging alternative. 1) Allowable Use Section 30233 of the Coastal Act states that the filling of wetlands is only permitted for specific uses, including restoration purposes. The project is a restoration project in that it will remove selenium contaminated soils that are degrading the habitat and restore the functional hydrology of the creek by limiting bank erosion (discussed under `sedimentation' below). The project will also protect and improve the quality of the water flowing through the creek and into the bay and the Pacific Ocean. Finally, the projectis considered a restoration of the riparian and wetland habitat in the creek bed by removal of non-native vegetation that occupies a large portion of the creek bed and is a restoration of upland areas from disturbed and non-native grasses to coastal sage scrub. The proposed use, restoration, is included in the uses listed above, No. 1-7 of section 30233. Thus, the proposed project is an allowable use. Therefore, the proposed development is consistent with Section 30233 of the Coastal Act with regard to uses allowed within wetlands. 2) Alternatives Section 30233 requires the permitted project to be the least environmentally damaging alternative. The applicant provided two alternative projects that consisted of additional permanent impacts to wetlands than the proposal. The alternatives analysis submitted by the applicant demonstrates that the proposed project has been designed to avoid permanent impacts to wetlands to the maximum extent feasible and is the least environmentally damaging alternative. Therefore, the proposed development is consistent with Section 30233 of the Coastal Act with regard to alternatives. 25 5-16-0059 (City of Newport Beach, Big Canyon) 3) Mitigation Section 30233 of the Coastal Act requires that wetland projects include mitigation measures to minimize adverse environmental effects. Adverse environmental effects are being minimized by the proposed net increase in wetland habitat and enhancement of existing wetland habitat. Overall the wetland restoration and the fresh water quality improvement will be beneficial to the quality of the habitat. The Commission finds that the proposed development, as conditioned, conforms with Section 30233 of the Coastal Act and is an allowed use within wetlands, is the least environmentally damaging alternative, and provides more than sufficient mitigation for any adverse environmental impacts. Sedimentation Hydrology studies indicate the existing creek shows moderate sedimentation potential in the upstream portion of the Canyon. Water polluted with sediment can prevent animals from seeing food in the water. Sediment laden water can also prevent natural vegetation from growing in that water. Sediment in stream beds can also disrupt the natural food chain by destroying the habitat where the smallest stream organisms live. Therefore, a stilling basin is proposed at the outlet of the Jamboree Road culvert to trap sediments as the flows move through. The basin will reduce turbidity of the water and serve as a debris/sediment management area which will significantly reduce the sedimentation levels within the lower creek thereby protecting their habitat value. The basin will be routinely maintained by the City to remove settled solids, which will also help attenuate levels of selenium in the Canyon, thereby achieving greater water quality. Special Condition 2 requires the applicant submit a final Operations and Maintenance Plan describing all proposed maintenance activities. Alteration of the Creek The Project intends to improve creek stability and prevent major erosion hazards during future flood events that would undermine the proposed habitat restoration project. Due to the environmental sensitivity of the site, no major engineering work is proposed to armor the creek and canyon. Section 30236 of the Coastal Act limits substantial alterations to creeks. The proposed project would maintain the same drainage paths and patterns as currently exist. The surface flow rates entering the creek are also not expected to change with the implementation of the project. Section 30236 of the Coastal Act requires mitigation for projects that substantially alter streams and are limited to water supply projects, flood control projects, or improvement of fish and wildlife habitat. This project will not substantially alter the creek flow, will maintain the flow within the current creek bed and does not involve damming or channelizing the creek. The project is not a water supply project, nor a flood control project. The project will enhance the fish and wildlife habitat of the creek and the bay as a result of the restoration of the floodplain, so it is an allowed alteration of the creek under section 30236 but the impacts ultimately do not require mitigation because the restoration project is not a substantial alteration of the creek. Therefore, the Commission finds that the proposed development, as conditioned, conforms with Sections 30236 of the Coastal Act 26 5-16-0059 (City of Newport Beach, Big Canyon) Wetlands will be restored and enhanced through improving drainage and planting native wetland and riparian species, therefore, the project results in overall additional wetland habitat/habitat conversion from less biological productive area to a higher biological productive wetland and riparian habitat. The goal of the proposed development is habitat restoration. Fill of coastal waters for habitat restoration is a permitted use under Coastal Act Section 30233. As the proposed development is for habitat restoration, therefore, no additional mitigation measures are necessary. The proposed tidal marsh restoration would serve to enhance and restore marine resources. The biological productivity and the quality of coastal waters, tidal marsh, Big Canyon Creek, and wetlands would be enhanced and restored. Restoration of the riparian habitats will improve habitat and water quality for wildlife species and restore migratory corridors within the Project Area. Land Resources within the Restoration ProjectArea The riparian habitat surrounding wetlands and the majority of the CSS in the project area are Environmentally Sensitive Habitat Areas (ESHA) and are protected under the Coastal Act (section 30240) and the LUP (see policies above). The LUP states that all riparian habitat and CSS within the study areas are ESHA unless there is site-specific evidence to the contrary (LUP Section 4.1.3, page 4-15). Section 4.1.1 of the LUP specifically identifies these habitats as ESHA: Scrub habitats, including southern coastal bluff scrub, maritime succulent scrub, and Diegan coastal sage scrub and Riparian habitats, including southern willow scrub, southern coast live oak riparian forest, southern cottonwood willow riparian forest, southern arroyo willow forest, southern black willow forest, and southern sycamore alder riparian woodland. The biological report titled Big Canyon Habitat Restoration and Water Quality Improvement Project, dated January 2016, identifies the riparian habitat as Southern Riparian Forest, which is a rare plant community, identified as G3 S3 per the California Department of Fish and Wildlife's (CDFW) California Natural Diversity Database (CNDDB)2. As such, the Commission Staff Ecologist has confirmed that the riparian habitat on site does rise to the level of ESHA. The wetlands on the site, in and around the riparian habitat, are protected under the Coastal Act (Section 30233) and the LUP and are discussed above. The restoration project area contains approximately 4 acres of riparian habitat, discussed further below, and 0.01 acres of alkali marsh wetland that are considered ESHA and wetland, respectively. The alkali marsh will not be impacted by the project. Approximately 1.5 acres of coastal sage scrub (CSS) is within the project site, most of which is considered ESHA by the LUP, with the exception of the planted area that includes a spattering of native shrubs and native weedy species including s The Biogeographic Branch of the California Department of Fish and Wildlife (CDFW) maintains the California Natural Diversity Database (CNDDB) which is a state depository of lists of rare natural communities and rare plant and animal species generated by an array of regional, state, national and international sources that are vetted, maintained and continually updated. In making ESHA determinations, Commission staff generally review a subset of these lists including the list of natural communities identified as rare by CDFW, the State and Federal government lists of rare, threatened or endangered plant and animals species, the natural communities and plant and animal species listed by NatureServe as State or Global -ranked 1, 2, or 3, the plant and animal species listed as California Species of Special Concern, and plant species listed by the California Native Plant Society as 1B or 2. 27 5-16-0059 (City of Newport Beach, Big Canyon) lemonade berry and telegraph weed adjacent and parallel to Jamboree Road. This area does not comprise a natural community, does not rise to the level of ESHA, and was likely planted after the area was disturbed by the construction of Jamboree Road. The restoration project would result in impacts to riparian habitat: 0.57 acre would be impacted by the construction of the bioretention cell and 0.22 acre of riparian habitat would be removed and replaced with a berm surrounding the bioretention cell. This area will be restored to CSS. As explained in the findings on `filling of wetlands' above, the bioretention cell itself will contain 0.47 acre of restored wetland habitat, which will include 0.47 acre of restored riparian vegetation and an additional 0.19 acre of enhancement of riparian habitat is proposed. Overall, the acreage of restored and enhanced riparian habitat is a net increase over the 0.57 acre impact. A total of 1.75 acres of riparian habitat will be impacted by grading associated with removal of selenium and restoration of the floodplain, which contains riparian vegetation and stands of non- native vegetation. This area will be restored with 2.08 acres of riparian vegetation and an additional 1.07 acres will be enhanced by non-native vegetation removal. The acreage of restored and enhanced riparian vegetation exceeds the acreage impacted by removal of the selenium polluted area. The restoration project would permanently impact 0.01 acre (436 sq. ft.) of lemonade bent' for development of the culvert extension, public trail and maintenance road, and improvements related to the construction of the bioretention cell. A small portion of the 436 sq. ft. impact to lemonade berry would be to habitat identified as ESHA per the LUP and biological report (California Sagebrush alliance) for the development of the 3.5 foot wide trail extension to the existing Big Canyon trail network. This nature -study oriented trail would be considered resource dependent. The restoration project would include 1.85 acres (0.55 would be done in Phase 1) of new and restored CSS across the non-native and disturbed areas of the site. The created CSS far exceeds the acreage impacted. The riparian habitat and a portion of the CSS on site is considered ESHA under the Coastal Act and in the LUP. Section 30240 protects ESHA from significant disruptions of habitat values and permits only uses dependent on resources within areas of ESHA. The restoration of the floodplain, containing riparian ESHA and the construction of a trail in an area containing CSS ESHA, are both considered uses that are dependent on the resource (habitat restoration and nature study). While the proposed restoration project will have temporary impacts to riparian habitat, and some permanent impacts to both the riparian and CSS habitat, the proposal is a habitat restoration project that will contribute to the increased productivity of the habitat. Without the proposed project the water supporting the habitat areas would continue to have excess selenium that degrades the organisms, plant and animal life. Furthermore, without their removal the riparian vegetation would progressively be degraded by the highly invasive pepper trees, palms, and myopor un. Three things can happen to dissolved selenium when it enters an ecosystem; it can be absorbed or ingested by organisms, it can bind to or join with particulate matter, or it can remain in solution. Over time, most of the free selenium is either taken up by organisms or bound to particulate matter. Biological processing and sedimentation result in most of the selenium accumulating in the top layer of sediment and detritus. However, because aquatic ecosystems are dynamic, the deposited 5-16-0059 (City of Newport Beach, Big Canyon) selenium can by cycled back into organisms, bioaccumulate, and remain at elevated levels for years until the source of selenium is eliminated. While selenium is an essential micronutrient for normal animal nutrition, small concentrations above those required may produce toxic effects which range from physical malformations during embryonic development to sterility and death. Since selenium in aquatic ecosystems is readily taken up by aquatic organisms, concentrations can easily reach levels toxic to fish and other wildlife'. The improvement to the water quality of the creek and wetlands is part of the holistic restoration of the wetlands and habitat because clean water is a crucial part of a functioning wetland and riparian ecosystem. The impacts of the bioretention cell on the riparian habitat are self -mitigating and constitute a part of the restoration of the riparian habitat system. Resource dependent development, such as habitat restoration and nature study, is allowed in ESHA under the Coastal Act. The proposed project does not pose a significant disruption to the habitat values (the project increases habitat values) and is compatible with the continuance of the ESHA. The project enhances the quality of the existing habitat by including major riparian and wetland creation/restoration. Special Condition 3 requires that the applicant provide a final restoration plan for review and approval of the Executive Director to ensure that the quality of the restoration project will be monitored and to ensure that the biological productivity of the site is improved in as -built conditions. Special Condition 4 requires the applicant submit a revised staging plan to protect the existing habitat from degradation during staging and construction. The riparian and CSS habitat has the potential to provide nesting and foraging resources for sensitive species including the Least Bell's Vireo, the California Gnatcatcher, raptors and other species. In order to protect the sensitive species in the project area, Special Conditions 5 and 6 require the applicant provide for a biological monitor during construction to protect sensitive species and to abide by a construction schedule to avoid impacting habitat during nesting season. As conditioned, the Commission finds that the project is consistent with the resource protection policies of Section 30240 of the Coastal Act. C. PUBLIC ACCESS AND RECREATION Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 ofArticle Xof the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights ofprivate property owners, and natural resource areas from overuse. Section 30212 of the Coastal Act states, in relevant part: s Lemly, A.D. & G.J. Smith. 1987 Aquatic cycling of selenium: Implications for fish and wildlife. U.S. Fish and Willife. Leafl. 12. 10 pp. 29 5-16-0059 (City of Newport Beach, Big Canyon) (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects The proposed project includes development of a new public trail access from Jamboree Road and connections to existing public trails within the canyon. The proposal includes signage for the public trails as well as interpretative signage. The components of the plan were identified to meet public and interpretive education needs to the greatest extent possible while not impacting restoration goals or practical considerations (e.g., access to existing sewer line for necessary maintenance). Special Condition 5 requires the applicant ensure public access to the trail network or provide an alternative route during construction and provide a signage plan all for educational, interpretative and directional signs proposed. The proposed project is consistent with sections 3 02 10 for maximum recreational opportunities and signage and 30212 as the trail network will provide access to the Bay and coastal waters. As conditioned, the project is consistent with the Coastal Act. D. CULTURAL AND ARCHEOLOGICAL RESOURCES Section 30244 of the Coastal Act states: Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required. Policies of the LUP state: 4.5.1-1: Require new development to protect and preserve paleontological and archaeological resources from destruction, and avoid and minimize impacts to such resources. If avoidance of the resource is not feasible, require an in-stiu or site -capping preservation plan or a recovery plan for mitigating the effect of the development. 4.5.1-2: Require a qualitied paleontologist/archeologist to monitor all grading and/or excavation where there is a potential to affect cultural or paleontological resources. Ifgrading operations or excavations uncover paleontological/archaeological resources, require the paleontologist/archeologist monitor to suspend all development activity to avoid destruction of resources until a determination can be made as to the significance of the resources. If resources are determined to be significant, require submittal of a mitigation plan. Mitigation measures considered may range from in-situ preservation to recovery and/or relocation. Mitigation plans shall include a good faith effort to avoid impacts to cultural resources through methods such as, but not limited to, project redesign, in situ preservation/capping, and placing cultural resource areas in open space. 4.5.1-3: Notify cultural organizations, including Native American organizations, ofproposed developments that have the potential to adversely impact cultural resources. Allow qualified representatives ofsuch groups to monitor grading and/or excavation of development sites. 4.5.1-5: Where there is a potential to affect cultural or paleontological resources, require the submittal of an archeological/cultural resources monitoring plan that identifies monitoring methods and describes the procedures for selecting archeological and Native American monitors and procedures that will be followed if additional or unexpected archeological/cultural resources are 9M 5-16-0059 (City of Newport Beach, Big Canyon) encountered during development of the site. Procedures may include, but are not limited to, provisions for cessation of all grading and construction activities in the area of the discovery that has any potential to uncover or otherwise disturb cultural deposits in the area of the discovery and all construction that may foreclose mitigation options to allow for significance testing, additional investigation and mitigation. Surveys conducted in connection with the project's EIR did not identify any archaeological or paleontological resources on the site. However, the applicant proposes to have an archaeological monitor present during excavation to inspect the materials. Consistent with the policies of the LUP that require an archeological and cultural resources monitoring plan be submitted, Special Condition 9 requires submittal of an archeological monitoring plan to ensure that any prehistoric, archaeological or paleontological cultural resources that may be present on the site and could be impacted by the proposed development receive proper protections, preferably avoidance. The plan shall include provisions for both Professional Archeologists and Native American monitors be present during soil disturbance. Additionally, the condition requires that the Native American groups with ties to the area are noticed about the project and are included in the review process before monitoring begins. Cultural history can aid in cultural resource location and identification on a project site and can assist in the preliminary resource investigations prior to site preparation. At a minimum, Native American groups should be notified of impending development through the CEQA process, but in order to maximize protection of archeological and cultural resources, these groups should be invited to participate in preliminary investigations and project review and/or design. Additionally, reports and results of investigations should be shared with these groups for feedback, commentary, and peer -review. As conditioned for a monitoring plan and protection of the archeological resources, the project is consistent with Section 30244 of the Coastal Act. E. LOCAL COASTAL PROGRAM (LCP) Coastal Act section 30604(a) states that, prior to certification of a local coastal program ("LCP"), a coastal development permit can only be issued upon a finding that the proposed development is in conformity with Chapter 3 of the Act and that the permitted development will not prejudice the ability of the local government to prepare an LCP that is in conformity with Chapter 3. The Coastal Land Use Plan (CLUP) for the City of Newport Beach was effectively certified on May 19, 1982. The certified CLUP was updated on October 2005 and in October 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified CLUP for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare an LCP that is in conformity with the provisions of Chapter 3 of the Coastal Act. F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 13096 Title 14 of the California Code of Regulations requires Commission approval of a coastal development permit application to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. 31 5-16-0059 (City of Newport Beach, Big Canyon) The City of Newport Beach, the lead agency, performed an Initial Study in February 2016, pursuant to CEQA. The City concluded that a mitigated negative declaration was appropriate for the proposed project. The Initial Study and mitigated negative declaration indicates that the project would have construction activities that could impact nesting birds, vegetation communities such as riparian and wetland habitat and could temporarily disrupt wildlife movement, as well as impacts to prehistoric resources if found on the site. Additionally, the project would also result in temporary vibration and construction noise which could contribute to potential cumulative impacts. The City adopted mitigation measures to reduce the effects of the project below any level of significance. Conditions of approval of this permit also address the impacts to habitat and wildlife and prehistoric resources and, as conditioned, the project is consistent with the Coastal Act. As a responsible agency under CEQA, the Commission has determined that the proposed project, as conditioned, is consistent with the enhancement of marine productivity and water quality policies, the public access and recreational opportunities policies, and the protection of the archeological, and biological resources policies of the Coastal Act. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project can be found consistent with the requirements of the Coastal Act to conform to CEQA. 32 5-16-0059 (City of Newport Beach, Big Canyon) APPENDIX 1 CULTURAL RESOURCES SIGNIFICANCE TESTING PLAN PROCEDURES A. An applicant seeking to recommence construction following discovery of cultural deposits shall submit a Significance Testing Plan for the review and approval of the Executive Director. The Significance Testing Plan shall identify the testing measures that will be undertaken to determine whether the cultural deposits are significant. The Significance Testing Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s), and the Most Likely Descendent (MLD) when State Law mandates identification of a MLD. The Executive Director shall make a determination regarding the adequacy of the Significance Testing Plan within 10 working days of receipt. If the Executive Director does not make such a determination within the prescribed time, the plan shall be deemed approved and implementation may proceed. 1. If the Executive Director approves the Significance Testing Plan and determines that the Significance Testing Plan's recommended testing measures are de minimis in nature and scope, the significance testing may commence after the Executive Director informs the permittee of that determination. 2. If the Executive Director approves the Significance Testing Plan but determines that the testing measures therein are not de minimis, significance testing may not recommence until after an amendment to this permit is approved by the Commission. 3. Once the measures identified in the Significance Testing Plan are undertaken, the permittee shall submit the results of the testing to the Executive Director for review and approval. The results shall be accompanied by the project archeologist's recommendation as to whether the deposits are significant. The project archeologist's recommendation shall be made in consultation with the Native American monitors and the MLD when State Law mandates identification of a MLD. The Executive Director shall make the determination as to whether the deposits are significant based on the information available to the Executive Director. If the deposits are found to be significant, the permittee shall prepare and submit to the Executive Director a supplementary Archeological Plan in accordance with subsection B of this condition and all other relevant subsections. If the deposits are found to be not significant, then the permittee may recommence grading in accordance with any measures outlined in the significance testing program. B. An applicant seeking to recommence construction following a determination by the Executive Director that the cultural deposits discovered are significant shall submit a Supplementary Archaeological Plan for the review and approval of the Executive Director. The Supplementary Archeological Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s), the Most Likely Descendent (MLD) when State Law mandates identification of a MLD, as well as others identified in subsection C below. The Supplementary Archeological Plan shall identify proposed investigation and mitigation measures. The range of investigation and mitigation measures considered shall not be constrained by the approved development plan. Mitigation measures considered may range from in-situ preservation to recovery and/or relocation. A good faith effort shall be made to avoid impacts to cultural resources through methods such as, 33 5-16-0059 (City of Newport Beach, Big Canyon) but not limited to, project redesign, capping, and placing cultural resource areas in open space. In order to protect cultural resources, any further development may only be undertaken consistent with the provisions of the Supplementary Archaeological Plan. 1. If the Executive Director approves the Supplementary Archaeological Plan and determines that the Supplementary Archaeological Plan's recommended changes to the proposed development or mitigation measures are de minirnis in nature and scope, construction may recommence after the Executive Director informs the permittee of that determination. 2. If the Executive Director approves the Supplementary Archaeological Plan but determines that the changes therein are not de minimis, construction may not recommence until after an amendment to this permit is approved by the Commission. C. Prior to submittal to the Executive Director, all plans required to be submitted pursuant to this special condition, except the Significance Testing Plan, shall have received review and written comment by a peer review committee made up of qualified archeologists convened in accordance with current professional practice. Representatives of Native American groups with documented ancestral ties to the area shall also be given an opportunity to review and submit written comments on the required plans. Names and qualifications of selected peer reviewers shall be submitted for review and approval by the Executive Director. The plans submitted to the Executive Director shall incorporate the recommendations of the peer review committee and Native American representatives or explain why the recommendations were rejected. Furthermore, upon completion of the review process, all plans shall be submitted to the California Office of Historic Preservation (OHP) and the NAHC for their review and an opportunity to comment. The plans submitted to the Executive Director shall incorporate the recommendations of the OHP and NAHC. If the OHP and/or NAHC do not respond within 30 days of their receipt of the plan, the requirement under this permit for that entities' review and comment shall expire, unless the Executive Director extends said deadline for good cause. All plans shall be submitted for the review and approval of the Executive Director. 34 July 15, 2016 Mr. Steve Gruber Project Manager Burns & McDonnell 4275 Executive Square, Suite 420 La Jolla, CA 92037 Re: Piezometer Installation Report, Lower Big Canyon Watershed Newport Beach, California Dear Mr. Gruber: This letter report presents the methods and results of piezometer installation, soil sampling, and other related tasks completed by Daniel B. Stephens & Associates, Inc. (DBS&A) in lower Big Canyon Watershed in Newport Beach, California. Piezometer installation and soil sampling were conducted to collect data in support of the design and construction of engineered treatment wetlands in development by Burns & McDonnell for the City of Newport Beach (Figure 1). The scope of work consisted of the following tasks: • Permitting • Utility clearance • Drilling, soil sampling, and laboratory analysis • Piezometer installation and development • Land surveying • Piezometer water level measurement A well construction permit application (Attachment 1) was submitted to the Orange County Health Care Agency (OCHCA) for each of three proposed piezometers (P-1, P-2, and P-3) to be installed in lower Big Canyon Watershed (Figure 2). OCHCA accepted the application and assigned permit number 15-02-30 for the three piezometers on February 25, 2015. Utility clearance consisted of public utility line review by DigAlert and supplemental field point clearance at each of three piezometer drilling locations (Figure 2) conducted by Spectrum Environmental Services Inc. (Spectrum Geophysics) under subcontract to DBS&A. Spectrum Geophysics conducted field point clearance using a variety of industry standard utility locators supplemented with a Geonics EM -31 ground conductivity meter. All three boring locations were cleared of utilities in the field before drilling commenced. In addition, all borings were hand- augered to 5 feet below ground surface (bgs) as a final step in utility clearance. Piezometer drilling and soil sampling were conducted by Gregg Drilling and Testing, Inc. (GDT) under subcontract to DBS&A. GDT mobilized a Marl 5T "Rhino' track -mounted hollow -stem auger rig on March 9, 2015. Drilling, soil sampling, piezometer installation, and piezometer development were completed on March 9 and 10, 2015. Field work was completed by a Daniel B. Stephens & Associates, Inc. 260 Newport Center Drive, Suite 100 949-999-3304 Newport Beach, CA 92660 FAX 949-9993356 Mr. Steve Gruber July 15, 2016 Page 2 DBS&A field geologist under the supervision of a California Professional Geologist and in accordance with the site-specific health and safety plan. Split -spoon soil samples were collected from each boring every 5 feet of boring depth, and soil cuttings were logged according to American Society of Testing Materials (ASTM) method D2488, Standard Practice for Description and Identification of Soils (Visual -Manual Procedure). Boring logs and piezometer construction diagrams are provided as Attachment 2. Soil samples from P-1 (11.0 to 11.5 feet bgs), P-2 (11.0 to 11.5 feet bgs), and P-3 (6.0 to 6.5 feet bgs and 16.0 to 16.5 feet bgs) were submitted to the DBS&A Soil Testing and Research Laboratory in Albuquerque, New Mexico for the following analyses: • Particle size (with ASTM and U.S. Department of Agriculture [USDA] classification) • Atterberg limits DBS&A laboratory results are provided as Attachment 3. Piezometer P-1 was drilled to 17 feet bgs, and 10 feet of 2 -inch Schedule 40 polyvinyl chloride (PVC) 0.010 -slot screen was installed from 7 to 17 feet bgs (Table 1). Piezometer P-2 was drilled to 20 feet bgs, and 10 feet of 2 -inch Schedule 40 PVC 0.010 -slot screen was installed from 9 to 19 feet bgs. Piezometer P-3 was drilled to 17 feet bgs, and 10 feet of 2 -inch Schedule 40 PVC 0.010 -slot screen was installed from 7 to 17 feet bgs. Piezometer development was completed by bailing, surging, and pumping before wellhead construction commenced. Development continued until extracted groundwater was reported to be visually clear. Each piezometer was completed with a PVC well cap and an above -grade locking aluminum stickup mount installed in a concrete apron. The horizontal coordinates and top -of -casing elevation for each piezometer was surveyed on March 11, 2015 by Smith Surveying, Inc. under subcontract to DBS&A. The surveying report is provided as Attachment 4. Depth to water was measured in each piezometer on March 19 and 25, 2015 (Table 2). The March 19, 2015 water level data were used to prepare a groundwater elevation map (Figure 3). Mr. Steve Gruber July 15, 2016 Page 3 Please contact John Dodge at (949) 999-3304 with any questions regarding this project. Thank you for the opportunity to support Burns & McDonnell. Sincerely, DANIEL B. STEPHENS & ASSOCIATES, INC. Sy�ONAL 0 No. 6495 James M. Raney John J. Dodge, PG Project Hydrogeologist Senior Hydrogeologist iQfiCA1t/ Attachments Figures OSite location Daniel B. Stephens & Associates, Inc. 4/6/2016 JN CA15.0029 BIG CANYON WETLANDS Site Location Feet Source: Google Earth Pro., April 2014 Explanation 0 Piezometer location P-1 Designation Daniel B. Stephens & 3/22/2016 JN BIG CANYON WETLANDS Piezometer Locations Figure Explanation — Groundwater elevation contour (ft msl) Q5 Piezometer location P-1 Designation 36.54 Groundwater elevation (ft msl) *�anielB. Stephens & Associates, Inc. /2016 JN CA15.0029 Source: Google Earth Pro., April 2014 BIG CANYON WETLANDS Groundwater Elevations March 19, 2015 Tables Sl D N N j 04 d c D I r I W I cL� �(D t` N r N w 0 0 0 U N N O O O N U) L U U O O O ul fn M U N 0 C N N 'N E U N N N C) R > > > R U O m m O v v v c N N N an d a v v V U L L L M CO Cl) co 01 C M.9 —WE U m co M o a>i � ri v of v of v owe F v d L 1n 1n 1n N n 1n m� 0 ❑ n t` O t` 0 N N w N N O N N N m M o m N 100 r n O M O r I -CO M M r r- cW rn 0 C0 J r I r I I, - 1 N 0 O cn W V O D) m co CN J W co C -4 W M M CM M M M N N 10 N O O O M d a ❑ n C O C) � O � M M M O r N M d d d J N O Ea _a _ R O N '4' t` N r O N d a M M M V M owe 0 R U O O -a r M"r V M O 0 O M M 0 M L N I� r O 01 M M O.w v � v d 1n 1n 1n 1n 1n 1n m� 0 0 0 0 0 0 N w N N N N N N p R M o m M M M M M M rn C c(D cn O N M O D) _N O W W H - N M d a a J N O Ea Attachment 1 Piezometer Construction Permit �VELL PERMIT NUMBER Sop saL, an E � • ❑in❑❑ as L O c C� Z O Z Q tl 0 b. I.ari Z K y,_i Q ,h G w 0 N a O 0 p to IL N V C J p f` 44 O t, O m o�i 4 a$ G O O = F w W 0 ❑ ❑ ❑ ❑ v m0 Z W CUV �.Q o 1i WZ a w z z ? w F 0 a N 2`n n 2 )' `ll ti" tl 4wc mwm Wa F w 'm O ti N_ = w 0 W w y. o v$ C w r_ o. o Z O Z DWR0 OKn O U n C m d 0O= 7A0 O}}LLH 2c Cl ❑2 O¢ S m 1� a < d 0 Q m (� � A oc' -o C4 o c o rn :U O W cn o0 W N V tttd' �.,.� Z O Z 0 Z,- .Eck y ['. J v N J m J `l ftrl if o o m " V 3 w Na J r. �Xi ou rn C� H N (Yi a[.�: H N o O 0 a W w S N Z v o W + O O WW k q� F-. Q 00 Q O❑ Q 0tc U LL N y LL 0 NA n) a� N L a O Q O w 7 Z W �iJLLIIiz < 0 ¢ ❑ a o ' o a cy $ Z Q U z m U z U 11111 11111I 4 a °vi ii v v a y i9 19 to 9 0 4 4 ei W a m y iia i Y N b ^ N o n Y `y 4 m 1 O OY N 11111 11111I �tl J�j LLa 333 qU' z a llgo cWi(c�y'i(c�u♦cWti�Z �fppW�pWWaiZ�x�»> 3 a 000 0 O 0 4000T P r.�- cqm' W W N T 4 a °vi ii v v i9 19 to ei flZ a m y iia a ii 11 4 1 O OY N o e? m ii �tl J�j LLa 333 qU' z a llgo cWi(c�y'i(c�u♦cWti�Z �fppW�pWWaiZ�x�»> 3 a 000 0 O 0 4000T P r.�- cqm' W W N T Attachment 2 Boring Logs Boring Log: P-1 Logged by: J. Raney Groundwater elevation: 36.54 feet above mean sea level (3/19/2015) Location: Big Canyon Wetlands Drilling company: Gregg Drilling & Testing, Inc. Date started: 3-9-2015 Drill rig: Marl 5T "Rhino" track rig Date completed: 3-9-2015 Drilling method: Hollow stem auger Latitude: 33.6279189124 Borehole diameter (inches): 8" OD (outside diameter) Longitude: -117.878375424 Note: Stainless steel surge plate with rubber grommet lost at the Top of casing elevation: 43.91 ft msl bottom of the piezometer. Construction Blow Sampling Sample Sample Graphic 2' Stick up Counts Device Recovery Interval mo° Comments and Lithology Ground N lee bo) I D24M) 00'5 0 eve .0': Hand auger (HA). 24" round 5'-17.5': Hollow Stem auger (HSA). Flush -mount 0'-0.5': Topsoil concrete pad 0.5'-5.0': Sandy lean day (CL)— Very dark grayish brown (10YR 3/2).60% fines, 30% fine sand, 10% medium sand, Cement/ trace coarse sand, fine roots are common, weak HCl bentonite reaction, soft consistency, medium plasticity, moist. grout from vault to 2' CL Bentonite seal 5 eo 00 2-5' 2/4/4 SS 95 5-5.5 5 6-5.5% Sandy lean clay (CL) - Very dark grayish brown (10YR 3/2). 60% fines, 30% fine sand, 10% medium sand, trace coarse sand, grains are angular quartz grains, weak 0o SCH 40 HCI reaction, soft consistency. cY, medium plasticity, moist. ua o0 eo PVC riser 0 o a°e a 0' 0'-7' 00 _ eu mW 7.37' b1W 75' 7.37': Measured depth to water on 3/19/2015. 7.5': Driller observed water level during drilling. ooo°o°o 00 8" OD _ borehole oo — ou 0'-20' 270 00° oe _ ee 4/4/6 SS 100 10-10,5 10 10'-10.5': Sandy lean clay (CL) - Brown (10YR 4/3). 3 00 = ee CL 65% fines, 25% fine sand, 10% medium sand, trace coarse sand, weak HCl reaction, firm consistency, medium plasticity, wet iy OOp _ Oo oo° 00 — o _ ao 2/16 Filter — sand pack 00 00 5'-17' 00 — 00 1 00 00 _ o00 ° 4/5/8 SS 100 15-15.5 1 15'-15.5': Sandy lean clay (CL) - Brown (t0YR 413). CL 0.010" slot 65% fines, 25% fine sand, 10% medium sand, trace 00 screen coarse sand, grains are angular quartz with few orange 00 T-17' grains, weak HCI reaction, firm consistency, medium plasticity, wet. 00 — 00 1" end cap 2 2 BIG CANYON WETLANDS Boring Log: P-1 Daniel R- Rtenhen.c & A.ccnciatec Mr. 'ate 4/5/2016 1 JN CAI 5.0029 Boring Log: P-2 Logged by: J. Raney Groundwater elevation: 40.62 feet above mean sea level (3/19/2015) Location: Big Canyon Wetlands Drilling company: Gregg Drilling & Testing, Inc. Date started: 3-9-2015 Drill rig: Marl 5T "Rhino" track rig Date completed: 3-9-2015 Drilling method: Hollow stem auger Latitude: 33.6288642474 Borehole diameter (inches): 8" OD (outside diameter) Longitude: -117.877017156 Top of casing elevation: 49.65 ft ms] Construction Blow Sampling Sample Sample Graphic 2' Stick up Counts Device Recovery Interval Log Comments and Lithology Ground N (rear NO (nsrn' °208) 0 0 eve 0' -5.0': Hand auger (HA). 24" round 5'-20': Hollow Stem auger (HSA). flush -mount - 0'-0.5': Topsoil concrete pad 0.5'-5.0': Sandy lean clay (CL) -Dark brown (10YR 3/3). 65% fines, 15% fine sand, 10% medium sand, 5% coarse Cement/ sand, 5% gravels, gravels are angular weathered bentonite mudstone, fine roots are common, weak HCl reaction, soft grout from consistency, medium plasticity, moist. vault to 2' CL Bentonite seal 5 00 oc 2-5' 5 o°o° 000 00° SCH 40 212/3 SS 100 6-6.5 6'-65: Sandy lean clay (CL) -Moist dark brown (10YR cL 2" PVC riser 3/3).65% fines, 15% fine sand, 10% medium sand, 5% 0'-T coarse sand, 5% gravels, gravels are angular weathered mudstone, sand consists of angular quartz grains, weak HCI reaction, medium plasticity, soft consistency. 8" OD borehole 0'-20' yD1W 9.03' 9.03': Measured depth to water on 3119/2015. OD o0 X10 _opo 21212 SS 100 10-10.5 10 10'-10.5': Sandy lean clay (CL) -Moist dark brown (10YR CL °° co - 00 3/3). 70% fines, 15% fine sand, 5% medium sand, 5% 00 oo° °o° coarse sand, 5% gravels, gravels are angular quartz with orange grains, medium plasticity, soft consistency. 09 - 00 00 _ cu 2/16 Filter sand pack 00 5'-17' 00 - eo 00 D1W 1V 1 15': Driller observed water level during drilling. ° oo -00 0.010"slot 31314 SS 100 16-16.5 16'-16.5': Sand lean clay CL Dark brown 10YR 3/3 Y Y( )- ( ). CL 70% foes, 20% fine sand, 10% medium sand, angular 0o screen 7.-17 quartz grains, weak HCI reaction, medium plasticity, firm consistency, wet 5/515 SS 100 18.5-20 18.5'-20.0': Sandy lean clay (CL) -Dark brown (10YR 313). CL 00 _ cc 65% fines, 25% fine sand, 5% medium sand, 5% coarse sand, weak HCl reaction, medium plasticity, firm oo° _ a°Ooc consistency, wet. 00 _ oa 00 O° 2 °0 1" end cap 2 BIG CANYON WETLANDS Boring Log: P-2 Daniel R. Rtenhen.c & A.c.cneiatec. Inc- Wr- 4/5/2076 JN CA15.0029 Boring Log: P-3 Logged by: J. Raney Groundwater elevation: 35.50 feet above mean sea level (3/19/2015) Location: Big Canyon Wetlands Drilling company: Gregg Drilling & Testing, Inc. Date started: 3-10-2015 Drill rig: Mad 5T "Rhino" track rig Date completed: 3-10-2015 Drilling method: Hollow stem auger Latitude: 33.6276294798 Borehole diameter (inches): 8" OD (outside diameter) Longitude: -117.877779817 Top of casing elevation: 49.33 ft mat Construction Blow Sampling Sample Sample Graphic 2' Stick up Counts Device Recovery Interval Log Comments and Lithology Ground txl ir��es,l ozAneal 0 evel 0'-5.0': Hand auger (HA). 24" 5'-17.0': Hollow stem auger (HSA). nt flush -mount 0'-0.5': Topsoil concrete pad 0.5'-5.0': Sandy lean day (CL) 10YR 4/3 60% ) —B ( fines, 20% fine sand, 5% medium sand, 15% coarse sand, Cement( fine roots are common, weak HCI reaction, soft consistency bentonite medium plasticity, moist. grout from vault to 2' CL Bentonite seal 5— 00 2'-5' SS 100 5-5.5 5 6-5.5': Sandy lean clay (CL) - Brown (10YR 413). 60% 00 0°o 2/4!4 SS 5.5-6 fines, 20% fine sand, 5% medium sand, 15% memo sand, nn 00 angular quartz grains, mudstone and few grains of brlck, o°o° co SCH 40 weak HCl reaction, soft consistency, low plasticity, moist. ono °0 c u 2" PVC riser 0'-7' 5.5'-6.0': Sandy lean clay (CL) - Very dark grayish brown 0o 00 00 (10YR 3/2). 70% fines, 20% fine sand, 10% medium sand, oo ac sand grains are poorly sorted quartz and include a few _ orange grains, weak HCl reaction, firm consistency, 8" OD medium plasticity, moist. 8 � °o°o° — 00 oo — oon borehole 0'-20' 00 210 0°0° on 10 900 - 00 m 1/1/2 SS 100 11-11.5 11.0'-11.5% Lean clay with sand (CL) - Very dark grayish CL o0 00 — nn brown (10YR 3/2). 75% fines, 20% fine sand, 5% medium LL nn — onsand, weak HCl reaction, soft consistency, medium un sandFilter sand pack plasticity, wet. 5-17' 00 — onn DTW 1S•8313.63': -olw 14 � Measured depth to water on 3/1912015. 14': Driller observed water level during drilling. 00 2!4/6 55 100 15-15.5 1 15.0'-15.5': Sandy lean clay (CL) - Very dark grayish brown CL 0.010"slot (10YR 312). 75% fines, 20% fine sand, 5% medium sand, uo — °no screen one gravel sized particle observed, subangular mudstone 00 00 7'-17' SS 100 16-16.5CL clastics, weak HCI reaction, soft consistency, medium oo° no° plasticity, wet. 1" end cap 16.0'-16.5: Sandy lean clay (CL) -Dark yellowish brown (10YR 4!6), 65% fines, 10% flne sand, 10% medium sand, 10% coarse sand, 5% gravels, gravels are poorly sorted subangular mudstone clastics, weak HCI reaction, firm consistency, medium plasticity. 2 2 BIG CANYON WETLANDS Boring Log:P-3 Daniel B. Stephens & Associates Inc. 4/5/2078 JN CA15.0029 Attachment 3 Soil Properties Laboratory Report Laboratory Report for Daniel B. Stephens & Associates, Inc. CA15.0029.00 Big Canyon Wetlands March 27, 2015 Daniel B. Stephens & Associates, Inc. 4400 Alameda Blvd. NE, Suite C • Albuquerque, New Mexico 87113 March 27, 2015 Jim Raney Daniel B. Stephens & Associates, Inc. 6020 Academy Road N.E., Suite 100 Albuquerque, NM 87109 (619)246-6177 Re: DBS&A Laboratory Report for the Daniel B. Stephens & Associates, Inc. CA15.0029.00 Big Canyon Wetlands Project Dear Mr. Raney: Enclosed is the report for the Daniel B. Stephens & Associates, Inc. CAI 5.0029.00 Big Canyon Wetlands project samples. Please review this report and provide any comments as samples will be held for a maximum of 30 days. After 30 days samples will be returned or disposed of in an appropriate manner. All testing results were evaluated subjectively for consistency and reasonableness, and the results appear to be reasonably representative of the material tested. However, DBS&A does not assume any responsibility for interpretations or analyses based on the data enclosed, nor can we guarantee that these data are fully representative of the undisturbed materials at the field site. We recommend that careful evaluation of these laboratory results be made for your particular application. The testing utilized to generate the enclosed report employs methods that are standard for the industry. The results do not constitute a professional opinion by DBS&A, nor can the results affect any professional or expert opinions rendered with respect thereto by DBS&A. You have acknowledged that all the testing undertaken by us, and the report provided, constitutes mere test results using standardized methods, and cannot be used to disqualify DBS&A from rendering any professional or expert opinion, having waived any claim of conflict of interest by DBS&A. We are pleased to provide this service to DBS&A and look forward to future laboratory testing on other projects. If you have any questions about the enclosed data, please do not hesitate to call. Sincerely, DANIEL B. STEPHENS & ASSOCIATES, INC. SOIL TESTING & RESEARCH LABORATORY lzzy;- 4�� Joleen Hines Laboratory Supervising Manager Enclosure Daniel B. Stephens & Associates, Inc. Soil Testing & Research Laboratory 4400 Alameda Blvd. NE, 50ite C 505--889-]]52 Albuquerque, NM 87113 FAX 505-8890258. Summaries U Z 0 21 -20 Ex x X CL > o. X x X x . .... ..... ...... .... .... .... ......... .. ...... ....... X x x x N E ...... ......... .... .... .... . .... .......... ..... . ... .. ............. .. ....... . . ... .. ..... .... .. . ..... .... .... .... . ... ........ ...... -2Ir 0- . . .. .... ..... ......... 8 IL ... .. ..... .... ..... .... ... .... . ..... ......... . ...... . IL a-,.. .... ..... ...... ... ........ . . . ...... ..... .... ... LL II 0, L) ...... ........ mo 11 ...... .. .. . .... ... — . ..... . 'C5 o... :E ... . ........ .... ...... .... .. ... ........ . 20 0 c' > ..... . ... ....... ... (6 (6 E Z o m N N CL a. 0. a. a. 7 C) Daniel B. Stephens & Associates, Inc. Notes Sample Receipt: Eight samples were received on March 12, 2015. Four of the samples arrived each as a 2.5" x 6" solid core sealed in a 1 -gallon Ziploc bag wrapped in bubble wrap, and the remaining four samples arrived each in a 2.5" x 6" brass sleeve sealed with plastic end caps and tape and were wrapped in bubble wrap. All samples were received in good order. The four solid core samples were placed on hold. Sample Preparation and Testing Notes: All the brass sleeve samples were subjected to particle size analysis and Atterberg limits testing. Particle diameter calculations in the hydrometer portion of the particle size analysis testing are based on the use of an assumed specific gravity value of 2.65. N W UW IJ / W W E E O E J l m0 C T m C U m N d 0£ rn w a E C� o O o EC W n GE O O 7 a E o 0 a k O m 9 Y N d L � R L U m N_ 3 ND V M d r d 0£ rn w a E C� o O o EC W n GE O O 7 a E o 0 a k O m 9 T cu O U O Lo a co O OI NI �I N N 0 O = A o E N n O O V C) U) o E LO n 0 O N M LL) In N co M M CD 00 V M m LO "? to co 0 0 6 co n M a n Daniel B. Stephens & Associates, Inc. Summary of Atterberg Tests Sample Number Liquid Limit Plastic Limit Plasticity Index Classification— P-1 (11.0-11 47 23 24 CL P-2 (11.0-11.5) 33 17 16 CL P-3 (6.0-6.5) 39 20 19 CL P-3 (16.0-16.5) 61 30 31 CH --- = Soil requires visual -manual classification due to non -plasticity F.3 Particle Size Analysis * \\ * k za ■ W 7 Q \ J 0 E 00 G e cc � J / / / / \ iL $E / ° U)7 E E ±f $ » \ _ /cc ca ca } ) m \ j 2 { / a ( . U) m za ■ Q E 0 E 00 e cc ca / / / \ ° U)7 7 » _ /cc ca ca m 2 / / a U) ) ) / Cli za ■ O M O) N N (O r N OO M M co m V Cl) E W N O WLo V (9 r (O N � O o n T 0 (o M CL T 0 M i S7 Daniel B. Stephens & Associates, Inc. Job Name: Big Canyon Wetlands JobNumber., CA15.0029.00 SampleNumber., P-1 (11.0-11.5) Ring Number., NA Depth: NA Test Date: 26 -Mar -15 Particle Size Analysis Wet Sieve Data (#10 Split) Initial Dry Weight of Sample (g): 366.84 Weight Passing #10(g): 340.89 Weight Retained #10 (g): 25.95 Weight of Hydrometer Sample (g): 62.00 Calculated Weight of Sieve Sample (g): 66.72 Shape: Angular Hardness: Hard and durable Test Sieve Diameter Wt. Cum Wt. Wt. 20 Fraction Number (mm) Retained Retained Passing % Passing +10 56.05 84.01 60 0.250 4.67 15.34 3" 75 0.00 0.00 366.84 100.00 2" 50 0.00 0.00 366.84 100.00 1.5" 38.1 0.00 0.00 366.84 100.00 1" 25 0.00 0.00 366.84 100.00 3/4" 19.0 14.90 14.90 351.94 95.94 3/8" 9.5 3.51 18.41 348.43 94.98 4 4.75 4.32 22.73 344.11 93.80 10 2.00 3.22 25.95 340.89 92.93 -10 7.4E-05 (Based on calculated sieve wt.) 0.048 d16 (mm): 20 0.85 2.13 6.85 59.87 89.73 40 0.425 3.82 10.67 56.05 84.01 60 0.250 4.67 15.34 51.38 77.01 140 0.106 10.37 25.71 41.01 61.47 200 0.075 2.92 28.63 38.09 57.09 dry pan 0.71 29.34 37.38 wet pan 37.38 0.00 dio (mm): 7.4E-05 d5o (mm): 0.048 d16 (mm): 0.00027 d60 (mm): 0.094 d3p(mm):0.0040 d84(mm):0.42 Median Particle Diameter --d50 (mm): 0.048 Uniformity Coefficient, Cu--[d60/dj0] (mm): 1270 Coefficient of Curvature, Cc-+d30)Z/(dt0*d60)] (mm): 2.3 Mean Particle Diameter--[(d16+d50+d84)/3] (mm): 0.16 Classification of fines: CL ASTM Soil Classification: Sandy lean clay s(CL) USDA Soil Classification: Sandy Clay Loam Laboratory analysis by: D. O'Dowd Data entered by: C. Krous Checked by. J. Hines Note: Reported values for deo, C,,, C,, and soil classification are estimates, since extrapolation was required to obtain the dy6 diameter 12 5-�O 9DanielB. Stephens & Associates, Inc. Particle Size Analysis Hydrometer Data Job Name: Big Canyon Wetlands Job Number., CA15.0029.00 Sample Number. P-1 (11.0-11.5) Ring Number: NA Depth: NA Test Date: 23 -Mar -15 Start Time: 9:00 Type of Water Used: DISTILLED Reaction with H202: NA Dispersant*: (NaPO3)6 Assumed particle density., 2.65 Initial Wt. (g): 62.00 Total Sample Wt. (g): 366.84 Wt. Passing #10 (g): 340.89 Time Temp R RL RcoR L D P Date (min) (°C) (g/L) (g/L) (g/L) (cm) (mm) (%) % Finer 23 -Mar -15 1 19.7 38.5 6.3 32.2 10.0 0.04325 52.0 48.3 2 19.7 37.0 6.3 30.7 10.2 0.03096 49.6 46.1 5 19.7 35.0 6.3 28.7 10.6 0.01989 46.3 43.1 15 19.7 30.5 6.3 24.2 11.3 0.01188 39.1 36.3 30 19.7 29.0 6.3 22.7 11.5 0.00849 36.7 34.1 60 19.8 28.0 6.3 21.8 11.7 0.00604 35.1 32.6 120 19.9 26.5 6.2 20.3 12.0 0.00431 32.7 30.4 257 20.1 25.0 6.2 18.8 12.2 0.00296 30.3 28.2 485 21.2 23.0 6.0 17.0 12.5 0.00216 27.4 25.4 24 -Mar -15 1442 20.5 21.5 6.1 15.4 12.8 0.00127 24.8 23.0 Comments: * Dispersion device: mechanically operated stirring device Laboratory analysis by: N. Candelaria Data entered by: C. Krous Checked by: J. Hines 13 U ti -------umm • - i�ii��iiiii MENEM wommmom ....1 • I■... - _—__E M____ U ti Daniella. Stephens & Associates, Inc. e Job Name: Big Canyon Wetlands Job Number: CA15.0029.00 Sample Number.- P-2 (11.0-11.5) Ring Number: NA Depth: NA Test Date: 26 -Mar -15 Particle Size Analysis Wet Sieve Data (#10 Split) Initial Dry Weight of Sample (g): 371.39 Weight Passing #10(g): 359.69 Weight Retained #10 (g): 11.70 Weight of Hydrometer Sample (g): 55.13 Calculated Weight of Sieve Sample (g): 56.92 Shape: Angular Hardness: Hard and durable Test Sieve Diameter Wt. Cum Wt. Wt. 20 Fraction Number (mm) Retained Retained Passing % Passing +10 53.27 93.58 60 0.250 2.96 6.61 3" 75 0.00 0.00 371.39 100.00 2" 50 0.00 0.00 371.39 100.00 1.5" 38.1 0.00 0.00 371.39 100.00 1" 25 0.00 0.00 371.39 100.00 3/4" 19.0 0.00 0.00 371.39 100.00 3/8" 9.5 7.66 7.66 363.73 97.94 4 4.75 2.06 9.72 361.67 97.38 10 2.00 1.98 11.70 359.69 96.85 -10 (Based on calculated sieve wt.) c116(MM): 20 0.85 0.52 2.31 54.61 95.94 40 0.425 1.34 3.65 53.27 93.58 60 0.250 2.96 6.61 50.31 88.38 140 0.106 15.73 22.34 34.58 60.75 200 0.075 4.02 26.36 30.56 53.69 dry pan 0.63 26.99 29.93 wet pan 29.93 0.00 dro(mm):2.1E-05 d5o(mm):0.065 c116(MM): 0.00043 deo (mm): 0.10 dao (mm): 0.011 d84 (mm): 0.22 Median Particle Diameter -Aso (mm): 0.065 Uniformity Coefficient, Cu--[dfio/djo] (mm): 4762 Coefficient of Curvature, Cc--[(d3o)2/(djo`deo)] (mm): 58 Mean Particle Diameter--[(die+d5o+d84)/3] (mm): 0.095 Classification of fines: CL ASTM Soil Classification: Sandy lean clay s(CL) USDA Soil Classification: Sandy Loam Laboratory analysis by: D. O'Dowd Data entered by., C. Krous Checked by: J. Hines Note: Reported values for deo, C,, C,, and soil classification are estimates, since extrapolation was required to obtain the djo diameter 15 ,p s$ Daniet B. Stephens & Associates, Inc. Particle Size Analysis Hydrometer Data Job Name: Big Canyon Wetlands Job Number., CA15.0029.00 Sample Number: P-2 (11.0-11.5) Ring Number., NA Depth: NA Test Date: 23 -Mar -15 Start Time: 9:06 Type of Water Used: DISTILLED Reaction with H2O2: NA Dispersant*. (NaPO3)e Assumed particle density: 2.65 Initial Wt. (g): 55.13 Total Sample Wt. (g): 371.39 Wt. Passing #10 (g): 359.69 Time Date (min) Temp (°C) R (g/L) RL (g/L) Room (g/L) L (cm) D (mm) P (%) % Finer 23 -Mar -15 1 19.7 30.0 6.3 23.7 11.4 0.04617 43.0 41.7 2 19.7 27.5 6.3 21.2 11.8 0.03323 38.5 37.3 5 19.7 27.0 6.3 20.7 11.9 0.02109 37.6 36.4 15 19.7 23.5 6.3 17.2 12.4 0.01247 31.3 30.3 30 19.7 23.0 6.3 16.7 12.5 0.00884 30.3 29.4 60 19.8 21.0 6.3 14.8 12.9 0.00633 26.8 25.9 120 19.9 21.0 6.3 14.8 12.9 0.00447 26.8 25.9 250 20.1 20.0 6.2 13.8 13.0 0.00310 25.0 24.2 480 21.2 17.0 6.0 11.0 13.5 0.00225 19.9 19.3 24 -Mar -15 1437 20.5 16.5 6.1 10.4 13.6 0.00132 18.8 18.2 Comments: * Dispersion device: mechanically operated stirring device Laboratory analysis by: N. Candelaria Data entered by: C. Krous Checked by: J. Hines 16 0 Z ■■■■■■■■E ■■■■■■■mm■ =■■■■■■ii■■ _ ■■■■■■mmmm ----------- ■■■■1 'I■■■■ ■■■■. 1■■■■ - - NEENENM■ 1NESEENNE 0 Z Daniel B. Stephens & Associates, Inc. Particle Size Analysis Wet Sieve Data (#10 Split) Job Name: Big Canyon Wetlands (Based on calculated sieve wt.) 0.059 Initial Dry Weight of Sample (g): 386.10 Job Number.' CA15.0029.00 55.29 94.25 40 Weight Passing #10(g): 376.53 Sample Number P-3 (6.0-6.5) 60 0.250 5.26 12.76 Weight Retained #10(g): 9.57 Ring Number: NA 10.31 23.07 35.59 Weight of Hydrometer Sample (g): 57.21 Depth: NA 32.65 55.66 Calculated Weight of Sieve Sample (g): 58.66 Test Date: 26 -Mar -15 wet pan Shape: Angular 0.00 Hardness: Hard and durable Test Sieve Diameter Wt. Cum Wt. Wt. Fraction Number (mm) Retained Retained Passing % Passing +10 3" 75 0.00 0.00 386.10 100.00 2" 50 0.00 0.00 386.10 100.00 1.5" 38.1 0.00 0.00 386.10 100.00 1" 25 0.00 0.00 386.10 100.00 3/4" 19.0 0.00 0.00 386.10 100.00 3/8" 9.5 2.84 2.84 383.26 99.26 4 4.75 3.99 6.83 379.27 98.23 10 2.00 2.74 9.57 376.53 97.52 -10 0.00029 (Based on calculated sieve wt.) 0.059 die (mm): 20 0.85 1.92 3.37 55.29 94.25 40 0.425 4.13 7.50 51.16 87.21 60 0.250 5.26 12.76 45.90 78.24 140 0.106 10.31 23.07 35.59 60.67 200 0.075 2.94 26.01 32.65 55.66 dry pan 0.60 26.61 32.05 wet pan 32.05 0.00 d10 (mm): 0.00029 d5o (mm): 0.059 die (mm): 0.00070 d6o (mm): 0.10 d30 (mm): 0.0060 d84 (mm): 0.35 Median Particle Diameter--d5o (mm): 0.059 Note: Reported values for d,0, C,,, C,, Uniformity Coefficient, Cu-[deo/dlo] (mm): 345 and soil classification are estimates, Coefficient of Curvature, Cc--[(d30)2/(dlo`deo)] (mm): 1.2 since extrapolation was required to obtain the d10 diameter Mean Particle Diameter--[(d16+d5o+dB4)/3] (mm): 0.14 Classification of fines: CL ASTM Soil Classification: Sandy lean clay s(CL) USDA Soil Classification: Sandy Clay Loam Laboratory analysis by: D. O'Dowd Data entered by., C. Krous Checked by., J. Hines 18 Daniel B. Stephens & Associates, Inc. Particle Size Analysis Hydrometer Data Job Name: Big Canyon Wetlands Job Number: CA15.0029.00 Sample Number., P-3 (6.0-6.5) Ring Number: NA Depth: NA Test Date: 23 -Mar -15 Start Time: 9:12 Type of Water Used: DISTILLED Reaction with H202: NA Dispersant*. (NaPO3)6 Assumed particle density., 2.65 Initial Wt. (g): 57.21 Total Sample Wt. (g): 386.10 Wt. Passing #10 (g): 376.53 Time Temp R RL Rw„ L D P Date (min) (°C) (g/L) (g/L) (g/L) (cm) (mm) (%) % Finer 23 -Mar -15 1 19.7 32.0 6.3 25.7 11.1 0.04550 45.0 43.9 2 19.7 30.0 6.3 23.7 11.4 0.03265 41.5 40.5 5 19.7 28.5 6.3 22.2 11.6 0.02087 38.9 37.9 15 19.7 26.0 6.3 19.7 12.0 0.01226 34.5 33.6 30 19.8 25.0 6.3 18.8 12.2 0.00872 32.8 32.0 60 19.8 24.0 6.3 17.8 12.4 0.00620 31.0 30.3 120 19.9 22.5 6.2 16.3 12.6 0.00443 28.4 27.7 250 20.2 22.0 6.2 15.8 12.7 0.00306 27.7 27.0 475 21.2 20.0 6.0 14.0 13.0 0.00222 24.4 23.8 24 -Mar -15 1432 20.5 18.0 6.1 11.9 13.3 0.00131 20.7 20.2 Comments: * Dispersion device: mechanically operated stirring device Laboratory analysis by. N. Candelaria Data entered by: C. Krous Checked by: J. Hines 19 • Y ■■N■1 111111111 e \ ~�� 6 Daniel B. Stephens & Associates, Inc. Job Name: Big Canyon Wetlands Job Number: CA15.0029.00 Sample Number. P-3 (16.0-16.5) Ring Number., NA Depth: NA Test Date: 26 -Mar -15 Particle Size Analysis Wet Sieve Data (#10 Split) Initial Dry Weight of Sample (g): 322.46 Weight Passing #10(g): 315.52 Weight Retained #10 (g): 6.94 Weight of Hydrometer Sample (g): 69.10 Calculated Weight of Sieve Sample (g): 70.62 Shape: Angular Hardness: Weathered and friable Test Sieve Diameter Wt. Cum Wt. Wt. 20 Fraction Number (mm) Retained Retained Passing % Passing +10 63.79 90.33 60 0.250 3.45 10.28 3" 75 0.00 0.00 322.46 100.00 2" 50 0.00 0.00 322.46 100.00 1.5" 38.1 0.00 0.00 322.46 100.00 1" 25 0.00 0.00 322.46 100.00 3/4" 19.0 0.00 0.00 322.46 100.00 3/8" 9.5 0.00 0.00 322.46 100.00 4 4.75 1.36 1.36 321.10 99.58 10 2.00 5.58 6.94 315.52 97.85 -10 0.00037 (Based on calculated sieve wt.) 0.021 dj6 (mm): 20 0.85 2.89 4.41 66.21 93.76 40 0.425 2.42 6.83 63.79 90.33 60 0.250 3.45 10.28 60.34 85.44 140 0.106 9.05 19.33 51.29 72.63 200 0.075 3.46 22.79 47.83 67.73 dry pan 0.55 23.34 47.28 wet pan 47.28 0.00 djo (mm): 0.00037 d5o (mm): 0.021 dj6 (mm): 0.00063 d6o (mm): 0.050 dao (mm): 0.0022 d84 (mm): 0.23 Median Particle Diameter--d5o (mm): 0.021 Uniformity Coefficient, Cu-[d60/dlo] (mm): 135 Coefficient of Curvature, Cc--[(d3o)2/(dm`d60)] (mm): 0.26 Mean Particle Diameter--[(d16+d5o+d84)/3] (mm): 0.064 Classification of fines: CH ASTM Soil Classification: Sandy fat clay s(CH) USDA Soil Classification: Clay Loam Laboratory analysis by. D. O'Dowd Data entered by. C. Krous Checked by., J. Hines Note: Reported values for deo, Cu, C�. and soil classification are estimates, since extrapolation was required to obtain the deo diameter 21 Daniel B. Stephens &A ssociases, Inc. Particle Size Analysis Hydrometer Data Job Name: Big Canyon Wetlands Job Number., CAI 5.0029.00 Sample Number. P-3 (16.0-16.5) Ring Number: NA Depth: NA Test Date: 23 -Mar -15 Start Time: 9:18 Type of Water Used: DISTILLED Reaction with H2O2: NA Dispersant*., (NaPO3)e Assumed particle density: 2.65 Initial Wt. (g): 69.10 Total Sample Wt. (g): 322.46 Wt. Passing #10 (g): 315.52 Time Date (min) Temp (°C) R (g/L) RL (g/L) Rw„ (g/L) L (cm) D (mm) P N % Finer 23 -Mar -15 1 19.7 46.0 6.3 39.7 8.8 0.04050 57.5 56.3 2 19.7 43.5 6.3 37.2 9.2 0.02930 53.9 52.7 5 19.7 41.0 6.3 34.7 9.6 0.01894 50.3 49.2 15 19.7 37.5 6.3 31.2 10.2 0.01126 45.2 44.2 30 19.8 36.0 6.3 29.8 10.4 0.00805 43.1 42.1 60 19.9 33.0 6.2 26.8 10.9 0.00582 38.7 37.9 120 20.0 31.0 6.2 24.8 11.2 0.00417 35.9 35.1 250 20.2 29.0 6.2 22.8 11.5 0.00292 33.0 32.3 470 21.2 27.0 6.0 21.0 11.9 0.00213 30.4 29.7 24 -Mar -15 1427 20.5 23.0 6.1 16.9 12.5 0.00127 24.4 23.9 Comments: * Dispersion device: mechanically operated stirring device Laboratory analysis by: N. Candelaria Data entered by: C. Krous Checked by: J. Hines 22 4i 0 Z • ------i---- Nonni .Immo■ •'---. ----. 4i 0 Z Atterberg Limits/ Identification of Fines 24 Daniel B. Stephens & Associates, Inc. Summary of Atterberg Tests Sample Number Liquid Limit Plastic Limit Plasticity Index Classification— P-1 (11.0-11.5) 47 23 24 CL P-2 (11.0-11.5) 33 17 16 CL P-3 (6.0-6.5) 39 20 19 CL P-3 (16.0-16.5) 61 30 31 CH -- = Soil requires visual -manual classification due to non -plasticity 25 Daniel B. Stephens & Associates, Inc. Atterberg Limits Job Name: Big Canyon Wetlands Job Number., CA15.0029.00 Sample Number., P-1 (11.0-11.5) Ring Number: NA Depth: NA Test Date: 19 -Mar -15 Liquid Limit Liquid Limit: 47 Plastic Limit Trial Trial Trial Number of drops: 34 26 16 Pan number: LL1 LL2 LU Weight of pan plus moist soil (g): 128.56 122.52 122.37 Weight of pan plus dry soil (g) 125.24 119.57 119.19 Weight of pan (g): 117.93 113.18 112.61 Gravimetric moisture content (% g/g): 45.42 46.17 48.33 Liquid Limit: 47 Plastic Limit Plastic Limit: 23 Results Percent of Sample Retained on #40 Sieve: See Sieve Liquid Limit: Trial Trial Pan number: PL1 PL2 Weight of pan plus moist soil (g): 121.95 117.81 Weight of pan plus dry soil (g) 120.73 116.46 Weight of pan (g): 115.25 110.59 Gravimetric moisture content (% g/g): 22.26 23.00 Plastic Limit: 23 Results Percent of Sample Retained on #40 Sieve: See Sieve Liquid Limit: 47 Plastic Limit. 23 Plasticity Index: 24 Classification: CL Comments: -- = Soil requires visual -manual classification due to non -plasticity = 1 -point method requested by client Laboratory analysis by: D. O'Dowd Data entered by: D. O'Dowd Checked by: J. Hines KI Daniel B Stephens & Associates, Inc. Atterberg Limits Job Name: Big Canyon Wetlands Job Number: CA15.0029.00 Sample Number., P-2 (11.0-11.5) Ring Number: NA Depth: NA Test Date: 19 -Mar -15 Liquid Limit Liquid Limit: 33 Plastic Limit Trial Trial Trial Number of drops: 30 25 20 Pan number: LL1 LL2 LL3 Weight of pan plus moist soil (g): 123.14 123.66 130.52 Weight of pan plus dry soil (g) 121.24 121.08 127.35 Weight of pan (g): 115.31 113.15 117.86 Gravimetric moisture content (% g/g): 32.04 32.53 33.40 Liquid Limit: 33 Plastic Limit Plastic Limit: 17 Results Percent of Sample Retained on #40 Sieve: See Sieve Liquid Limit Trial Trial Pan number: PL1 PL2 Weight of pan plus moist soil (g): 121.93 122.65 Weight of pan plus dry soil (g) 121.09 121.70 Weight of pan (g): 116.28 116.15 Gravimetric moisture content (% g/g): 17.46 17.12 Plastic Limit: 17 Results Percent of Sample Retained on #40 Sieve: See Sieve Liquid Limit 33 Plastic Limit: 17 Plasticity Index: 16 Classification: CL Comments: -- = Soil requires visual -manual classification due to non -plasticity = 1 -point method requested by client Laboratory analysis by: D. O'Dowd Data entered by: D. O'Dowd Checked by: J. Hines 27 9 Daniel B. Stephens & Associates, Inc. Atterberg Limits Job Name: Big Canyon Wetlands Job Number: CA15.0029.00 Sample Number: P-3 (6.0-6.5) Ring Number: NA Depth: NA Test Date: 19 -Mar -15 Liquid Limit Liquid Limit: 39 Plastic Limit Trial Trial Pan number: Trial Trial Trial Number of drops: 34 28 23 Pan number: LL1 LL2 LL3 Weight of pan plus moist soil (g): 119.06 121.78 125.54 Weight of pan plus dry soil (g) 117.08 119.63 122.36 Weight of pan (g): 111.62 114.00 114.21 Gravimetric moisture content (% g/g): 36.26 38.19 39.02 Liquid Limit: 39 Plastic Limit Trial Trial Pan number: PL1 PL2 Weight of pan plus moist soil (g): 123.17 123.68 Weight of pan plus dry soil (g) 122.08 122.66 Weight of pan (g): 116.48 117.46 Gravimetric moisture content (% g/g): 19.46 19.62 Plastic Limit: 20 Results Percent of Sample Retained on #40 Sieve: See Sieve Liquid Limit: 39 Plastic Limit: 20 Plasticity Index: 19 Classification: CL Comments: -- = Soil requires visual -manual classification due to non -plasticity = 1 -point method requested by client Laboratory analysis by: D. O'Dowd Data entered by: D. O'Dowd Checked by: J. Hines 28 15� Daniel B. Stephens & Associates, Inc. Atterberg Limits Job Name: Big Canyon Wetlands Job Number: CA15.0029.00 Sample Number: P-3 (16.0-16.5) Ring Number: NA Depth: NA Test Date: 19 -Mar -15 Liquid Limit Liquid Limit: 61 Plastic Limit Trial Trial Pan number: Trial Trial Trial Number of drops: 35 26 18 Pan number., LL1 LL2 LL3 Weight of pan plus moist soil (g): 123.56 122.79 130.22 Weight of pan plus dry soil (g) 120.50 120.08 125.21 Weight of pan (g): 115.31 115.62 117.15 Gravimetric moisture content (% g/g): 58.96 60.76 62.16 Liquid Limit: 61 Plastic Limit Trial Trial Pan number: PL1 PL2 Weight of pan plus moist soil (g): 120.35 121.91 Weight of pan plus dry soil (g) 119.18 120.67 Weight of pan (g): 115.32 116.43 Gravimetric moisture content (% g/g): 30.31 29.25 Plastic Limit: 30 Results Percent of Sample Retained on #40 Sieve: See Sieve Liquid Limit. 61 Plastic Limit: 30 Plasticity Index: 31 Classification: CH Comments: -- = Soil requires visual -manual classification due to non -plasticity " = 1 -point method requested by client Laboratory analysis by: D. O'Dowd Data entered by: D. O'Dowd Checked by: J. Hines 29 Laboratory Tests and Methods 0 Daniel B. Stephens & Associates, Inc. Tests and Methods Particle Size Analysis: ASTM D422 USCS (ASTM) Classification: ASTM D422, ASTM D2487 USDA Classification: ASTM D422, USDA Soil Textural Triangle Atterberg Limits: ASTM D4318 31 Attachment 4 Survey Report -- j i - i i r^ / YY� � / f V / // �u+anrs��M1r�`... rxwvsv.' •gym /j / uw•'nm�nsr w+rM«mM�e •gym a 4e.e // rW mm w :Gi iLT¢C / E / " ..H su;; NO INC E I TOPOOMvxlC lnsp ' OT OF NMFO. BFACX ONRNO6 COUNTY.0 IPoflNW 1 THE BELL ON THE COLLAR TEE SADDLE SHALL NOT BE ENCASED IN CONCRETE, TAP SHALL BE MADE AT THE APPROXIMATE CENTERLINE OF THE JOINT. ENCASE 12" EACH SIDE OF OPENING, A5 in 1 )� < N I / ry � 4000 PSI A (CLASS "A") CONCRETE ELEVATION ENCASEMENT SECTION A -A NOTE: SADDLE CONNECTIONS SHALL NOT BE MADE TO SEWERS LARGER THAN S" I.D. AND WILL BE ALLOWED ONLY IN ORANGE COUNTY SANITATION DISTRICT REVENUE AREA NO. 7. COLLAR TEE SADDLE (AS PROVIDED BY MANUFACTURER) NOTES: 1. THE CONTRACTOR SHALL SECURE THE COLLAR TEE SADDLE TO THE SEWER WITH AN EPDXY RESIN PROVIDED BY THE PIPE MANUFACTURER. 2. THE CONTRACTOR SHALL ENCASE THE SADDLE CONNECTION WITH 4000 PSI (CLASS "A") CONCRETE AFTER THE CONNECTION IS INSPECTED BY THE ENGINEER. 3. THE CONTRACTOR SHALL KEEP ALL CLAY CHIPS, DIRT, EPDXY, MORTAR AND CONCRETE OUT OF THE SEWER SADDLE, AND PERFORM A CLEANING AND BALLING OF THE SEWER. 4. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY DAMAGED PIPE AS DIRECTED BY THE ENGINEER. 5. SADDLE CONNECTIONS TO SEWERS WIN DIAMETER SHALL BE DONE BY CORE DRILL, ORANGE COUNTY SANITATION DISTRICT SADDLE CONNECTION, NO SCALE ORANGE COUNTY, CALIFORNIA REVENUEAREA STANOAROM. `� ° SEVEN ONLY S-070 0. APPRQVEO GATE a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 RIG CANYON RESTORATION PROJECT CONTRACT NO. 8999,-9, . _ r , DATE: AUGUST 16, 2016 BY: City Engineer TO: ALL PLANHOLDERS Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not he considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum, 1:�)yirpnmeni/ti Cty�Ctr�a�ilt�i i�iC Bidder's Nam e (Please Print) aC ASk �t Date Auth tzed Sig re & Title �2Sien ADDENDUM NO. 2 BIG CANYON RESTORATION PROJECT CONTRACT NO. 8111-1 The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. Proposal 1. The quantity for Bid Item No. 9 Vegetated Soil Revetment has been corrected to 315 linear feet. Bidder Questions and Answers Answers to questions are indicated in italic: 2. Is there a tree removal plan for the east side Jamboree Road where the new 8" HDPE pipe will be installed (Notes 29-34 of Plan Sheet 6)? There is no clearing and grubbing plan for the east side. The Engineer will work with the Contractor to select a HDPE pipe alignment that reduces the amount of tree removals, and removals of other interferences, needed to install the pipeline. 3. Some of the construction tasks require shoring. How is this covered in the Bid Items? Each bid item description requires the contractor to provide submittals which including preparing shoring plans as needed. Per the Green Book, the contractor will submit a shoring plan to the Engineer for review. The contractor will also need to submit a State Division of Industry Safety permit with the submittal, Payment for the submittal and implementing the shoring is included in the cost for the particular bid item. 4. Are the 2 inches of compost called out in Bid item No. 32 paid under this bid item or under Bid Item No. 55? • Bid Item No. 32 includes payment for adding 2 inches of compost as a topping on the bioretention soil and tilling the compost into the bioretention soil as described in Section 300-12.1 of the Special Provisions. • Bid Item No. 55, Compost for Planting, pays for the compost used for planting of trees and shrubs (Section 801-4.5) and live stake plantings (Section 801-4.5.1). • For the compost used in the hydroseed material mix (Section 800-1.3.1), payment for the compost in made under Bid Item No. 56. 5. Which bid items pay for the difference types of gravel material called out in the drawings? • Bid Item No. 11 is for crushed miscellaneous base for the roads indicated on the drawings. • The %inch aggregate base underlying the Y ton rock is paid under Bid Item No. 45. • The material under the stifling basin and around the slope paving weepholes is aggregate base. It will be paid under Bid Item No. 42. 6. The newly issued "Appendix A" part of Addendum #1 stipulates the "applicant" shall submit a Biological Monitoring Plan and provide minimum weekly monitoring by a qualified Biologist. Is the City or the Contractor responsible for this and which Bid Item shall pay for this work? The applicant here is the City. This is not a contractor responsibility. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BIG CANYON RESTORATION PROJECT CONTRACT NO. C-8111-1 INTRODUCTION........................................................................................................................1 PART 1 — GENERAL PROVISIONS...........................................................................................1 SECTION 2 ---SCOPE AND CONTROL OF THE WORK............................................................1 2-6 WORK TO BE DONE...............................................................................................1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK......................5 2-9 SURVEYING............................................................................................................2 6-7 2-9.3 Private Engineers......................................................................................2 SECTION 3 ---CHANGES IN WORK...........................................................................................3 6-7.1 General.......................................................................................................5 3-2.5 Pay Item Schedule...................................................................................3 3-3 EXTRA WORK.........................................................................................................3 3-3.2 Payment....................................................................................................3 6-7.4 Working Hours............................................................................................6 SECTION 4 ---CONTROL OF MATERIALS................................................................................4 4-1 MATERIALS AND WORKMANSHIP........................................................................4 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK......................5 4-1.3 Inspection Requirements...........................................................................4 6-7 SECTION 5---UTILITIES.............................................................................................................4 5-1 LOCATION...............................................................................................................4 6-7.1 General.......................................................................................................5 5-2 PROTECTION..........................................................................................................4 5-7 ADJUSTMENTS TO GRADE...................................................................................4 5.8 SALVAGED MATERIALS.........................................................................................5 6-7.4 Working Hours............................................................................................6 SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK.................5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK......................5 6-7 TIME OF COMPLETION..........................................................................................5 6-7.1 General.......................................................................................................5 6-7.2 Working Days.............................................................................................6 6-7.4 Working Hours............................................................................................6 6-9 LIQUIDATED DAMAGES.........................................................................................6 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR.....................................................6 7-5 PERMITS.................................................................................................................6 7-7 COOPERATION AND COLLATERAL WORK...........................................................7 7-7.1 Guide to Phasing of Project Tasks..............................................................7 7-7.2 Protection of Site Resources.......................................................................8 7-8 PROJECT SITE MAINTENANCE.............................................................................8 Revision Date: 7/21/2016 7-8.5 Temporary Light, Power and Water............................................................8 7-8.6 Water Pollution Control...............................................................................9 7-10 PUBLIC CONVENIENCE AND SAFETY..............................................................10 7-10.4 Safety....................................................................................................10 7-10.7 Notices to Residents and Businesses....................................................10 7-15 CONTRACTOR'S LICENSES...............................................................................10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS.........................................11 SECTION 9 ---MEASUREMENT AND PAYMENT.....................................................................11 9-3 PAYMENT..............................................................................................................11 9-3.1 General....................................................................................................11 9-3.2 Partial and Final Payment........................................................................20 PART 2 — CONSTRUCTION MATERIALS...............................................................................20 SECTION 200 --- ROCK MATERIALS......................................................................................20 200-1 ROCK PRODUCTS............................................................................................20 200-1.5 Sand....................................................................................................20 200-1.6 Stone for Riprap...................................................................................20 200-2.9 Decomposed Granite...........................................................................21 SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS...............................21 201-1 PORTLAND CEMENT CONCRETE...................................................................21 201-2 REINFORCEMENT FOR CONCRETE...............................................................21 SECTION207 --- PIPE.............................................................................................................21 207-17 POLYVINYL CHLORIDE (PVC) GRAVITY PIPE..............................................21 SECTION 210 -- PAINT AND PROTECTIVE COATINGS........................................................22 210-6 CONCRETE ETCHING SOLUTION...................................................................22 SECTION 211 --- MATERIAL TEST.........................................................................................22 211-4 AGRONOMIC SOIL TEST..................................................................................22 SECTION 212 -- LANDSCAPE AND IRRIGATION MATERIALS............................................23 212-4 INLINE WATER LEVERL CONTROL STRUCTURE..........................................23 SECTION 213 --- ENGINEERING GEOSYNTHETICS..............................................................23 213-6 GEOCOMPOSITE..............................................................................................23 213-2.1 General.................................................................................................23 213-6.1 Geocomposite Material........................................................................23 213-6.2 Geocomposite Submittals ....................................................................23 213-6.3 Geocomposite Installation....................................................................24 213-6.4 Geocomposite Quality Assurance.........................................................24 213-6.5 Geocomposite Storage........................................................................25 213-7 GEOMEMBRANE...............................................................................................25 213-7.1 Geomembrane Material.......................................................................25 213-7.2 Geomembrane Submittals..........................................................26 213-7.3 Geomembrane Installation.........................................................27 213-7.5 Liner Protective Cover Installation........................................................34 213-7.6 Geomembrane Storage........................................................................34 213-8 VEGETATED SOIL REVETMENT......................................................................34 Revision Date: 7/21/2016 PART 3 — CONSTRUCTION METHODS ........................................... SECTION 300 --- EARTHWORK.......................................................... 300-1 CLEARING AND GRUBBING ......................................... 300-1.3 Removal and Disposal of Materials .................. 300-1.5 Solid Waste Diversion ...................................... 300-2 UNCLASSIFIED EXCAVATION ...................................... 300-2.2 Unsuitable Material .......................................... 300-3 STRUCTURE EXCAVATION AND BACKFILL ............... 300-3.1 General............................................................ 300-4 UNCLASSIFIED FILL ..................................................... 300-4.1 General............................................................ 300-11 STONEWORK FOR EROSION CONTROL .................... 300-11.1 General........................................................... 300-12 BIORETENTION SOIL MEDIA ..................................... 300-12.1 Materials........................................................ 300-12.2 BSM Installation .............................................. 300-13 VEGETATED SOIL REVETMENT (VSR) ...................... SECTION 302 --- ROADWAY SURFACING .................................... 302-6 PORTLAND CEMENT CONCRETE PAVEMENT...... 302-6.6 Curing........................................................ 302-13 INSTALLATION OF DECOMPOSED GRANITE...... .........................35 SECTION 303 --- CONCRETE AND MASONRY CONSTRUCTION.........................................40 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS.................................40 303-5.1 Requirements.......................................................................................40 303-5.4 Joints...................................................................................................40 303-5.5 Finishing..............................................................................................40 308-5 IRRIGATION SYSTEM INSTALLATION.............................................................. 40 308-5.1 General................................................................................................40 48 PART 4 —ALTERNATE MATERIALS......................................................................................41 SECTION 400 --- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIALS..............41 400-2 UNTREATED BASE MATERIALS, ..................................................................... 41 400-2.1 General.................................................................................................41 PART 8 -- LANDSCAPING AND IRRIGATION........................................................................41 SECTION 800 --- LANDSCAPING AND IRRIGATION MATERIALS........................................41 800-1 LANDSCAPING MATERIALS.............................................................................41 800-1.1 Topsoil..................................................................................................41 800-1.2 Soil Fertilizing and Conditioning Materials.............................................41 800-1.3 Seed.....................................................................................................42 800-1.4 Plants...................................................................................................45 800-1.6 Herbicides and Pesticides.....................................................................47 800-2 IRRIGATION MATERIALS..... ............................................... ............................ 48 800-2.2 Valves and Valve Boxes.......................................................................48 800-3 ELECTRICAL MATERIALS................................................................................48 Revision Date: 7/21/2016 iv 800-3.3 Controller Unit.......................................................................................48 SECTION 801 -- INSTALLATION............................................................................................48 801-1 GENERAL...........................................................................................................48 801-2 EARTHWORK AND TOPSOIL PLACEMENT.....................................................49 801-2.2 Topsoil Preparation and Conditioning...................................................49 801-2.3 Finish Grading.......................................................................................49 801-1.1 Exotic Vegetation Control.....................................................................49 801-1.2 Exotic Tree Removal............................................................................51 801-4 PLANTING.........................................................................................................53 801-4.1 General.................................................................................................53 801-4.5 Tree and Shrub Planting.......................................................................54 801-4.8 Seed Planting.......................................................................................56 801-5 IRRIGATION SYSTEM INSTALLATION.............................................................58 801-5.2 Trench Excavation and Backfill...............................................................58 801-5.4 Installation of Valves, Valve Boxes, and Special Equipment ....................58 801-6 MAINTENANCE AND PLANT ESTABLISHMENT..............................................58 801-6.1 General.................................................................................................58 801-6.2 General Maintenance Duties (120 -day Maintenance and Plant Establishment Period)............................................................................59 PART 9 -- SUPPLEMENTAL CONSTRUCTION MATERIALS AND METHODS.....................62 SECTION 900 --- SUPPLEMENTAL CONSTRUCTION MATERIALS AND METHODS ..........62 900-1 RIPRAP FOR THE VEGETATED SOIL REVETMENT.......................................62 Appendix - OCSD Sewer Connection Std. Dwg. S-070 Revision Date: 7/21/2016 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BIG CANYON RESTORATION PROJECT CONTRACT NO. C-8111-1 SP 1 of 62 Funding for this project has been provided in part through an agreement with the Orange County Transportation Authority. The contents of this document do not necessarily reflect the views and policies of the Orange County Transportation Authority, nor does mention of trade names or commercial products constitute endorsement or recommendation of use. 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 -5252-S, (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (Latest Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. See Section 7-7.1 for a suggested project phasing guide to reduce the threat of mass erosion during a storm event. These are the general components of the project: 1) Project Preparation 2) Stormwater capture and treatment 3) Dryweather flow capture and treatment 4) Floodplain improvement and habitat restoration 5) Miscellaneous Components The work associated with Project Preparation includes preparing SWPPP and implementing erosion control measures, performing construction surveying, clearing and grubbing, stockpiling woody material for mulching, identifying and removing trees, if any, infected trees with Revision Date: 7/21/2016 SP 2 of 62 Polyphagous Shot Hole Borer, stockpiling top soil, grading, and constructing temporary surface water diversions or controlling groundwater if needed. The work associated with the stormwater capture and treatment includes constructing stormwater drainage piping and structures to capture stormflows from Jamboree Road including installing a Water Quality Unit, installing piping to rout storm flows into a Bioretention Cell infiltration system which includes a special soil mixture to support plant growth and infiltration, and installing outlet piping. The work associated with the dryweather flow capture and treatment includes constructing a clean water bypass manhole and piping from the golf course including both underground and above ground piping sections with anchoring system, constructing a concrete stilling pool just downstream of the existing culvert under Jamboree Road along with concrete embankment slope protection and stilling basin end wall, constructing an inlet within the stilling basin to divert the seep flow into a clarifier and a through a flow meter contained housed in a manhole (note this area is supported by a retaining wall), and then connecting the seep flow pipe into a OCSD sanitary sewer line. The work associated with the floodplain improvement and habitat restoration includes constructing vegetated soil revetments along the creek channel, constructing boulder step- downs within channel, extending a potable water line and constructing a temporary irrigation system, performing site restoration work including adding soil amendments, re -vegetation and hydroseeding, and performing plant establishment and maintenance. The work associated with Miscellaneous Components includes install CMB and decomposed granite on access roads and trail ramp, and constructing an access road entry and gate off of Jamboree Road. 2-9 SURVEYING. 2-9.3 Private Engineers. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide construction survey services that are required to construct the improvements. The Contractor shall be aware that the existing topography may vary from the topography shown on the plans. Any discrepancies that affect the construction of the project improvements shall be brought to the attention of the Engineer prior to construction. At a minimum, two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to Engineer 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyors Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the Engineer a minimum of three (3) working days before the anticipated Work. All existing monuments are to be preserved. The Contractor will be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the Engineer to walk the project to review the 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 Revision Date: 7/21/2016 SP3of62 sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration." The Contractor's California Licensed Land Surveyor shall survey the finished work and provide an intermediate survey of the finished geomembrane liner surface and the Bioretention Cell drain pipes. Intermediate and finished work surveys shall include, but not limited to, surveyed points adequate to define: tops and toes of slopes, flow lines of pipes within structures, flow lines of pipes at pipe outlets, tops and corners of structures, corners and edges of pavements, tops and toes of walls, extents of rip rap, flow lines of channels not to exceed 10' between shots, tops and toes of channel banks, points along the alignment of above grade pipe not to exceed 10' between shots, point grid of open areas not to exceed 20 feet, and adequate survey of other constructed work. SECTION 3 ---CHANGES IN WORK Add the following: "3-2.5 Pay Item Schedule. For Bid Items identified by the Engineer, the Contractor shall submit a pay item schedule. The submittal shall consist of a breakdown of cost for the identified Big Items, including all labor, materials, equipment and incidentals. Overhead and profit shall be spread proportionately over each item. The pay item schedule shall not be unbalanced in any way. No work shall commence until the pay item schedule has been approved by the Engineer. Upon approval, the pay item schedule shall serve as the basis for making progress payment in accordance with Section 9-3.2 of the Standard Specifications as amended herein." 3-3 EXTRA WORK. 3-3.2 Payment. 3-3.2.3 Markup. Replace this section with: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 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 for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." Revision Date: 7/21/2016 SP4of62 SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3 Inspection Requirements. 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. Contractor shall furnish the Engineer 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. 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. The City will provide geotechnical inspection and compaction testing. The Contractor shall provide the services of a geotechnical engineering firm, to be approved by the Engineer, for review of temporary excavation requirements and subsurface conditions for the placement of unclassified fill, concrete, or geosynthetics. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3" paragraph: "upon completion of the work or phase of work, the Contractor shall remove all utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. The contactor shall protect the existing sewer lines in place. The sewer lines shall be located by the Contractor prior to construction. In areas of excavation, the line shall be potholed at a minimum of two (2) locations, and shall be coordinated with the Engineer. The results of the pothole data shall be provided to the Engineer prior to construction. No material may be stockpiled above the sewer lines. Any damage to the existing sewer lines shall be the sole responsibility of the Contractor including all other losses that may occur as a result of the damage." 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cieanouts and survey monuments. The Contractor shall contact other utility owners to have other existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. Revision Date: 7/21/2016 SP5of62 5-8 SALVAGED MATERIALS. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Steffen Catron, Utilities Operations Manager, at (949) 718-3402. SECTION 6 ---PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, all submittals, including the Stormwater Pollution Prevention Plan, are received and approved, and a schedule of work has been approved by the Engineer. Because the project area is in a flood plain and construction will occur during the rain season, the work plan must be implemented in a manner to reduce exposure to large scale erosion. This will likely require multiple phases for the clearing and grubbing such that a cleared area is stabilized prior to the Engineer allowing additional clearing and grubbing. See Section 7-7.1 for an example of project sequence of tasks. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of ten working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the 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 schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved 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. On-site Education. The Engineer will conduct an education program for all Contractor staff prior to performing any work. The program will consist of a presentation from a qualified biologist and archeologist that includes a discussion of the biology of the habitats and species of special interest, as well as the potential for uncovering artifacts of archeological interest." If homeless encampments are discovered or if homeless people are found in the vicinity of the work area, the Engineer shall be immediately notified. 6-7 TIME OF COMPLETION. 6-7.1 General. Add to this section: "The Contractor shall complete all construction work under the Contract within 125 consecutive working days after the date on the Notice to Proceed and all required regulatory agency permits have been issued to the City. The maintenance and plant establishment period is 120 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The Contractor shall ensure the availability 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 for 100 percent completion of work." Revision Date: 7/21/2016 SP6of62 6-7.2 Working Days. Replace subsection 6-7.2 3) with the following: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 41h the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 240', (Christmas Eve — half day), December 25"' (Christmas) through January 1st. If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday. Note that Saturdays not are considered working days. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for Saturday from 8:00 a.m. to 6 p.m. A request for working during any of these 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 $123.00 per hour when such time periods are approved. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above, except for pumping operations for water control. Dewatering activities may begin at 6:00 a.m. at the request of the Contractor if "silent" pumps are used. Dewatering equipment set-up must be completed the day prior to pumping activities to minimize noise impacts. Maximum decibel level shall be less than 55 dba at a distance of 50 feet from the pumps. Contractor's ability to start pumping at 6:00 a.m. may be revoked by the Engineer. Additionally, as this area is adjacent to residential areas, unnecessary noise shall be avoided. Access to the site shall be only from Back Bay Drive. Access from Jamboree Road for special situation is only allowed if authorized by the Engineer. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "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 one thousand dollars and no/100 ($1,000.00)." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand dollars and no/100 ($1, 000.00) per 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 7-5 PERMITS. Add to this section: "The City is in the process of obtaining and/or finalizing the following agency permits and other approvals for this project to construct the restoration improvements as shown on the construction documents and as outlined in the mitigation plan titled: Revision Date: 7/21/2016 SP7of62 Revegetation and Habitat Mitigation and Monitoring Plan for the Big Canyon Habitat Restoration & Water Quality Improvement Project (ESA, January 2016): 1) Department of the Army Corps of Engineers Nationwide Permit authorization (#SPL - 2016 -00305 -SAS, NWPs 27, 43, 14) 2) California Regional Water Quality Control Board Permit (401 Certification - Permit number to be determined) 3) California Department of Fish & Game 1602 Streambed Alteration Agreement (#1600-2016-0029-R5) 4) California Coastal Commission Coastal Development Permit (Permit number to be determined) 5) Orange County Sanitation District Sewer Connection Permit (pending) 6) Big Canyon Country Club Right -of -Entry Permit (pending) 7) State Water Board Construction General Permit (2012-0006-DWQ) Copies of all permits will be provided to the Contractor when permits are received. Copies of the permits shall be kept on the site at all times during construction. If historic or archaeological remains are discovered during construction, work in the area shall immediately cease and the Engineer notified." 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "The City will provide geotechnical inspection and compaction testing. The Contractor shall provide the services of a geotechnical engineering firm, to be approved by the Engineer, for review of excavation requirements and subsurface conditions for the placement of Unclassified Fill." Add the following to this section: "7-7.1 Guide to Phasing of Project Tasks. As the construction area includes a flowing creek within a flood plain and the work will be performed in the rain season, it is a critical project requirement that the project tasks, especially clearing/grubbing and mass grading be accomplished in a manner to reduce the threat of erosion during storm events. It should also be noted that sensitive plant and animal species, as well as artifacts of archeological interest may be discovered, especially during the clearing, grubbing, earthwork, and excavation activities. The City will hire monitors to assist the Engineer and Contractor in identifying potential impacts during construction. In the event that a potential item of concern is discovered, the Contractor shall immediately cease operations in that area and notify the Engineer. The following hypothetical order of construction tasks is offered as example of how project tasks can be rolled out in a manner to reduce the threat of mass erosion in the event of a storm event during construction. (See Section 6-1 for tasks to be accomplished prior to the issuing of the Notice to Proceed which includes preparation of the SWPPP.) Revision Date: 7/21/2016 SP8of62 Month 1 - Focus efforts on constructing the creek bypass system including the bypass manhole and bypass line. Rough grade a ditch from the bypass outlet to the stream. Implement the bypass. Perform grading survey and construct driveway apron to Jamboree Road. Months 2 and 3 - Perform clearing and grubbing in northern area including removal of top 2 inches of soil. Stockpile woody material for mulching, and when appropriate, perform mulching operations. Stockpile topsoil (top 4-6 inches) per the requirements of the Special Provisions. Rough grade site on north side for the stilling basin and embankment slope paving. Fine grade using the stockpiled topsoil material. Till in the gypsum and soil conditioners. Implement the erosion control plan. Install vegetated lift revetments as part of the erosion control plan when feasible. When ready, construct the concrete stilling basin and end wall (including control of groundwater if needed), and place riprap downstream of weir. When the north area is erosionally stable, clear, grub and rough grade bioretention site and habitat creation area. Create ditch from storm drain outlets to stream. Install Water Quality Unit (CDS) including control of groundwater if needed, and connect to storm drains. Begin bioretention basin construction and construct retaining walls for the diversion facilities area. Fine grade and till in gypsum and slope conditioners when appropriate. When the bioretention area is erosionally stable, clear, grub and rough grade area west of the creek. Fine grade and mix in gypsum and soil conditioners. Complete bio -retention basin and tie in inlet drain. Complete habitat creation area with outlets from bio -retention basin. Install clarifier and flow -meter manhole and other appurtenances for the diversion facilities. Months 4 and 5 - Perform 2 cycles of grow and kill, install irrigation system and install Jamboree Road access road gate. Collect willow and mulefat cuttings when appropriate. Spread mulch, install plant material and hydroseed with soil additives. Add the following to this section: "7-7.2 Protection of Site Resources. Sensitive plant and animal species, as well as artifacts of archeological interest, may be discovered during the clearing/grubbing, mass grading or excavations. The City will hire monitors to assist the Contractor in spotting and protecting these resources. It the event something of potential value is discovered, the Contractor shall immediately cease operations in that area and immediately notify the Engineer. The Contractor will not be penalized for delays associated with these work stoppages" 7-8 PROJECT SITE MAINTENANCE. 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and 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, irrigation during maintenance period for landscaping, etc." Revision Date: 7/21/2016 SP9of62 7-8.6 Water Pollution Control 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). Add to this section: "The Contractor shall prepare and implement a site-specific SWPPP, prepared by a Qualified SWPPP Developer (QSD) as defined by the Construction General Permit and submit the SWPPP to the Engineer. The SWPPP shall include the information needed to demonstrate compliance with all the requirements of the CGP. As a portion of this project is within a flood plain, clearing and grubbing shall be phased to minimize the potential for erosion during a storm event. The City will submit the approved SWPPP to the State Water Board as part of the permit registration document package. Note that no construction activity shall be allowed until the State Water Board approves the permit package. The SWPPP shall be developed and updated using Section 2 and Appendix B of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook Web Portal for Construction. The CASQA Construction BMP Web Portal can be accessed at the following link: https://www.casga. orq/LeftNavigationIBMPHandbooksPortal/tabidl200lDefault.aSDX The Contractor shall amend the SWPPP as needed during the course of work to reflect actual construction progress and construction practices. The Contractor shall designate a Qualified SWPPP Practitioner (QSP), as defined to be the Construction General Permit, who will be responsible for compliance with Construction General Permit requirements on the project at all times. By submitting a bid, the Contractor acknowledges that he has read and understands the requirements of the Construction General Permit. The Contractor shall be responsible providing all reports required by the Construction General Permit (monitoring, inspection, Rain Event Action Plans, annual reports, etc.) to the Engineer for review. Time sensitive reports involving monitoring data shall be provided as soon as the information is available. All other reports shall be provided to the Engineer a minimum of two weeks prior to their deadline for submittal to the State Water Board. Full compensation for conforming to the requirements of CGP shall include, but not limited to, the following: 1. Develop a SWPPP to conform to a Risk Level 2 and the Contractor's actual construction practices. 2. Administer, implement, maintain, and ensure adequate functioning of the various water quality control measures identified within the SWPPP during construction including all Numeric Action Level (NAL) and Numeric Effluent Limitation (NEL) sampling, monitoring and reporting requirements statutorily required for the project site. These tasks must be performed by a QSP. 3. Provide and maintain all documentation at the jobsite and administration for the entire Contract period. 4. Perform all work required for compliance with the requirements of the Construction General Permit including preparation of all Rain Event Action Plans and construction of effective treatment control BMPs. Revision Date: 7/21/2016 SP 10 of 62 5. Provide all labor, tools, equipment, and materials for any additional BMPs which maybe required to comply with the requirements of the Construction General Permit. 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 14.36.030A2,3 of the City's Municipal Code." 7-8.6.4 Dewatering. The approximate level of groundwater in the construction area is 4.5 to 6.0 feet below ground surface. It is possible groundwater will be encountered in the vicinity of the Stilling Basin, Water Quality Unit and other locations where there is a deep excavation, however, in general, it is not anticipated that groundwater will be encountered during construction. If groundwater is encountered, groundwater shall be controlled and removed by methods of the Contractor's choice subject to the requirements of the California Department of Fish and Game Agreement, Orange County Health Care Agency (OCHCA), the State Water Resources Control Board Certification, and these Special Provisions. The Contractor shall comply with the requirements of Section 7.8.6, Water Pollution Control, of the General Provisions of the Contract Documents. All groundwater sampling and monitoring will be performed by the Engineer. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.4 Safety. 7-10.4.1 Safety Orders. Add to this section: "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, and 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." 7-10.7 Notices to Residents and Businesses. Ten (10) working days prior to starting work, the Contractor shall deliver a written construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The Engineer will provide the notice to the Contractor. 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 Engineer. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "Class X License. Also, the Contractor, or one of the Subcontractors, shall possess a Landscaping Contractor's "Class C-27" License. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a Business License issued by the City of Newport Beach. The Contractor also shall have experience in performing all the components of this project, including installation of the subsurface wetlands. Revision Date: 7/21/2016 SP 11 of 62 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved drawings and specifications shall be on the job site at all times. In addition, 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 bill is submitted. The "As -Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accordance 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. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT. 9-3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid 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: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; preparing a pay item schedule defined in Section 3-2.5; establishing a field office; temporary installation and maintenance of public restroom facilities, SWPPP preparation, compliance with GCP requirements, construction signage, and construction and material delivery schedule; coordinating with other agencies and utilities; implementing auxiliary flow diversions; controlling groundwater; notifying businesses and residents; attending all coordination meetings; keeping photographic and video records of project site; demobilization; and all other related Work as required by the Contract Documents. Item No. 2: Construction Survey: Work under this item shall include, but not limited to, providing survey services in accordance with Section 2-9. Item No. 3: Clearing and Grubbing: Work under this item shall include, but not limited to, removing all trees, bushes, shrubs, stumps, and roots. Woody material shall be segregated for mulching. Processing of woody material into mulch is paid under a separate Bid Item. All small branches, leafy vegetation and seeds shall be removed and disposed of off-site appropriately. This Bid Item also includes removing and disposing offences, concrete, pipe or interfering portions thereof, and any other native or non-native material to accommodate the project improvements. This item also includes scalping and disposing of 2 -inches of the surface prior to topsoil stockpiling. This item also includes protecting items in place including and not limited to trees and sewer lines per the Contract Documents. Revision Date: 7/2112016 SP 12 of 62 Item No. 4: Demolition: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals for the saw -cutting, demolition, removal, and disposal of curb, sidewalk or concrete pavement; and all other work items required to complete the work in place. Item No. 5: Earthwork (On -Site, Cut to Fill): Work under this item shall include, but not limited to, excavation, hauling, and placing native fill to rough grade; controlling surface water; preparing subgrade; benching; forming the Bioretention Cells and Berm; cutting triangular channels; compacting; protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utility structures if needed; geotechnical services; and all other work items required to complete the work in place. Note: This task includes performing the Agronomic Soil Testing outlined in Section 211-4. Item No. 6: Strip and Stockpile 4 -inch Topsoil: Work under this item shall include, but not limited to, excavating 4 -inch depth of existing topsoil at the cleared and grubbed surface within the limits of disturbance; hauling and placing excavated material in stockpile; controlling groundwater and surface water; tapering to existing grade at limits of disturbance line; and all other work items required to complete the work in place. Item No. 7: Water Quality Unit: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the Water Quality Unit; excavation; backfilling and compacting; connecting pipes; protecting existing utilities; and all other work items required to complete the work in place. Item No. 8: Rip Rap (Facing Class, 18 -inch Depth): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing loose rip rap per the limits and details in the Drawings; protecting existing site conditions surrounding riprap limits; preparation of subgrade; furnishing and installation of geotextile fabric; and all other work items required to complete the work in place. Item No. 9: Vegetated Soil Revetment: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the biodegradable filter fabric, native topsoil, wooden stakes, live willow stakes and stem plantings, facing class rip rap and bedding material and filter fabric; backfill and finish grading around constructed vegetated soil revetment; and all other work items required to complete the work in place. Item No. 10: 4 -inch Decomposed Granite with Binder on 4 -inch Crushed Miscellaneous Base (CMB): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 4 inches of decomposed granite with binder on 4 inches of crushed miscellaneous base, bender boards and support stakes, and fill outside the header boards to match existing grade; preparation of subgrade; compaction; proof rolling; and all other work items required to complete the work in place. Item No. 11: 4 -inch CMB: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the crushed miscellaneous base; preparing the Revision Date: 7/21/2016 SP 13 of 62 subgrade; backfilling; compaction; and all other work items required to complete the work in place. Item No. 12: Maintenance Road Entrance Concrete Apron: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing a poured -in-place concrete drive apron for the improvement of the Maintenance Road Entrance area including implementing traffic control; excavation; subgrade preparation; gravel bedding; backfilling; compaction; formwork; reinforcement bars; finishing; materials testing; AC patchback and all other work items required to complete the work in place. Item No. 13: Maintenance Road Entrance Gate: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the specified gate for the Maintenance Road Entrance area; and all other work items required to complete the work in place. Item No. 14: 6 -inch Perforated PVC Pipe (Drainage): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 6 -inch perforated PVC pipe for drainage within the Bioretention Cell; and pipe connections; rock bedding and surrounding geosynthetics shown in typical section; protecting the geosynthetic lining system installed beneath the drainage pipe; and all other work items required to complete the work in place. Item No. 15: 10 -inch Solid PVC Pipe (Drainage): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals for procuring, approving, delivering, storing, and installing 10 -inch solid PVC pipe for drainage within the Bioretention Cell and under Bioretention Cell Area A with 10 -inch cross, reducers, bends and other pipe connections; preparing subgrade; backfill; installing pipe bedding; protecting the geosynthetic lining system installed beneath the drainage pipe; and all other work items required to complete the work in place. Item No. 16: 12 -inch Solid PVC Pipe (Drainage): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals for procuring, approving, delivering, storing, and installing 12 -inch solid PVC pipe upstream of the 12 -inch gated PVC pipe and downstream of the 12 -inch PVC to HDPE Transition Adapter with pipe connections; excavation; bedding; backfill; protecting underlying concrete; and all other work items required to complete the work in place. Item No. 17: 12 -inch Gated PVC Pipe (Bioretention Cell Inlet): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 12 -inch gated PVC inlet pipe in the Bioretention Cell, pipe connections, end cap cleanout, and above -grade anchors; protecting underlying concrete; and all other work items required to complete the work in place. Item No. 18: Concrete Pad & Above -Grade Anchors for 12 -inch Gated PVC Pipe: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment, and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 4 -foot wide concrete pad with curbs including preparing subgrade and formwork; installing above -grade anchors, HDPE support lumber, and associated materials necessary for the Revision Date: 7/21/2016 SP 14 of 62 installation of the 12 -inch gated PVC Pipe; and all other work items required to complete the work in place. Item No. 19: 15 -inch Solid PVC Pipe (Drainage): Work under this item shall include, but not limited to for furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 15 -inch solid PVC pipe and fittings for drainage out of the Bioretention Cell; pipe connections and fittings; replace disintegrated granite road material; and pipe bedding; reducers; bends; wye; trenching; backfilling; compacting; protecting the sanitary sewer installed beneath the drainage pipe; and all other work items required to complete the work in place. Item No. 20: Above Grade 8 -inch HDPE Pipe (Clean Water Bypass): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, installing and testing 8 -inch HDPE pipe for the bypass of clean water from the golf course east of Jamboree Road as shown on the Drawings; pipe fittings, bends, sweeps, and connections; clean outs; geotextile wrapping of pipe at above ground/below ground surface transition; butt fusion welding of all above grade pipes, fittings and connections; and all other work items required to complete the work in place. Item No. 21: Below Grade 8 -inch HDPE Pipe (Clean Water Bypass): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, installing and testing 8 -inch HDPE pipe for the bypass of clean water from the golf course east of Jamboree Road as shown on the Drawings; pipe fittings, bends, sweeps, and connections; clean outs; geotextile wrapping of pipe at above ground/below ground surface transition; butt fusion welding of all above grade pipes, fittings and connections; trenching/excavation; clearing interferences; gate valve, valve box and riser; pipe bedding; backfilling; compaction; and all other work items required to complete the work in place. Item No. 22: Channel Bank Pipe Anchors for Above Grade 8 -inch HDPE Pipe: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, installing channel bank anchors with associated materials, fittings and connectors; concrete; reinforcement; clearing interferences; and all other work items required to complete the work in place. Item No. 23: CMP Suspension Anchors for Above Grade 8 -inch HDPE Pipe: Work under this item shall include, but not limited to for furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing culvert suspension anchors with associated materials, fittings and connectors; and all other work items required to complete the work in place. Item No. 24: 12 -inch Corrugated HDPE Storm Pipe: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 12 -inch corrugated HDPE storm pipe (with smooth interior wall); pipe fittings and connections; trenching/excavation; pipe bedding; backfilling; compaction; and all other work items required to complete the work in place. Item No. 25: 15 -inch Corrugated HDPE Storm Pipe: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the 15 -inch corrugated HDPE Revision Date: 7/21/2016 SP 15 of 62 pipe (with smooth interior wall) including associated fittings, connections and reducers; gravel pipe bedding; trenching; backfilling; compaction; and all other work items required to complete the work in place. Item No. 26: 18 -inch Solid Wall SDR 17 HDPE Storm Pipe: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the 18" solid wall HDPE pipe upstream of the 12" gated PVC pipe (Item No. 18) above the Bioretention Cell, including the procurement and installation of associated fittings and connections and reducers; including an 18" x 12" HDPE reducer, a 12" HDPE to PVC adapter, and concrete encasement; gravel pipe bedding; trenching; backfilling; compaction; and all other work items required to complete the work in place. Item No. 27: 24 -inch Corrugated HDPE Storm Pipe: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the 24 -inch corrugated HDPE Storm Pipe (with smooth interior wall) with pipe connections; trenching/excavation; gravel pipe bedding; trenching; backfilling; compaction; and all other work items required to complete the work in place. Item No. 28: 24 -inch HDPE End Sections: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 24 -inch HDPE flared end sections and toe walls and all other work items required to complete the work in place. Item No. 29: Single -Sided Geocomposite: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals and manufacturers' certifications; procuring, approving, delivering, material conformance testing, storing, and installing the geocomposite over the geomembrane liner within the Bioretention Cell; and all other work items required to complete the work in place. Item No. 30: 40 -mil HDPE Geomembrane: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals and manufacturers' certifications; procuring, approving, delivering, material conformance testing, storing, and installing the geomembrane liner material over the subgrade within the Bioretention Cell in accordance with the Drawings and the manufacturer's recommendations; constructing anchor trench around the perimeter edge of liner; providing QA/QC oversight and laboratory testing in accordance with manufactures recommendations; and all other work items required to complete the work in place. Item No. 31: Pipe Boot / Liner Penetrations: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing field -fabricated pipe boots at the locations the drainage pipes penetrate the geomembrane liner within the Bioretention Cell, sealant or neoprene gaskets, stainless steel bands, and silicone caulking material (or equivalent); welding; extrusion; and all other work items required to complete the work in place. Item No. 32: Bioretention Soil Media with 2 -inch Compost Topping: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, material conformance testing, storing, hauling and placing the Bioretention Soil Media (BSM) within the Bioretention Cell with 2 -inch Revision Date: 7/21/2016 SP 16 of 62 compost topping; and all other work items required to complete the work in place in conformance with Section 300-12 of these construction documents. Item No. 33: Sand: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, hauling and placing sand within the Bioretention Cell above the geocomposite layer and geotextile layer; and all other work items required to complete the work in place. Item No. 34: Stormwater Pollution Prevention Plan (SWPPP) Preparation and Implementation: Work under this item shall include, but not limited to preparation of a site- specific SWPPP by a Qualified SWPPP Practitioner or Qualified SWPPP Developer; and providing submittals, providing and distributing plans to appropriate parties; furnishing all labor, materials, tools, equipment and incidentals needed for implementing the SWPPP (including minimum measures — straw wattles, sediment dams and rock check dams — shown in the Drawings), maintaining all erosion control measures throughout the duration of the project; performing inspections, sampling, and reporting during construction to meet requirements of the project's NPDES Construction General Permit; and all other work items required to complete this task. Item No. 35: Water Level Control Structures: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing water level control structures, 11 adjustable 5 -inch weir stop logs, stop log grease, and stop log removal bar; connecting pipes, concrete pads, pipe bollards, concrete anchor block, concrete anchors, and reinforcement; excavation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 36: Bioretention Riser Pipe Assembly: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing a spillway riser and Area B drain pipe, including a 10" x 10" tee, concrete pad, 10 -inch PVC riser pipe, and 10 -inch steel intake bar guard, pipe bedding; nonwoven geotextile over bedding; and all other work items required to complete the work in place. Item No. 37: Seep Water Diversion Assembly & Sanitary Sewer Connection: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the assembly of the seep water diversion and the saddle tee sanitary sewer connection per OCSD Std. Dwg. S-070 (attached in Appendix A) including 8 -inch PVC sewer pipe, grate inlet, bends, sweeps, valves, drain and grate, baffle box, 5 -foot diameter manhole vault with GMI 2600 waterproof composite frame and cover or approved equal, backflow preventer valve, push -on gate valve, reducers, concrete finishing around grate, and 6 -inch meter; excavation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 38: Storm Diversion Manhole Structure (NE Storm Diversion): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the junction manhole diversion structure on the west side of the road upstream of the 15 -inch HDPE storm pipe with pipe connections; connecting existing and proposed pipes in and out of the Revision Date: 712112016 SP 17 of 62 structure; protecting existing utilities; excavation; backfilling; compaction; grouting of pipes and lift holes; pouring of invert; and all other work items required to complete the work in place. Item No. 39: Storm Diversion Box Structure (SW Storm Diversion): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the storm diversion box structure and pipe connections; controlling groundwater; connecting to existing and proposed pipes in and out of the structure; disposing of existing flared end section; protecting existing utilities; excavation; backfilling; compaction; pipe connections; grouting of pipes and lift holes; pouring of invert; and all other work items required to complete the work in place. Item No. 40: Clean Water Bypass Structure: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing the bypass manhole structure with Neenah R-2668 Frame and Type B grated cover (or approved equal), 6 -inch thick concrete apron, 2 -foot length of 18 -inch RCP manhole inlet with 18"x12" reducer to existing line, and 8 - inch HDPE gate valve with riser and valve box; connecting to existing and proposed pipes in and out of the structure; protecting utilities; excavation; backfilling; compaction; pipe connections; grouting of pipes and lift holes; pouring of invert; core -drill existing 8 -inch wood wall; installing 8 -inch HDPE pipe, bedding, backfill, compaction, fittings, bends, and sweeps between manhole structure and wood wall; replacing concrete pavement which was saw -cut and removed; and all other work items required to complete the work in place. Item No. 41: Boulder Step Down: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing boulders and cobble as shown on the Drawings; grading; subgrade preparation; controlling surface water; and all other work items required to complete the work in place. Item No. 42: Stilling Basin and Slope Lining: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing and installing the reinforced concrete stilling basin and slope lining with concrete etching solution and sealant to the slope lining. Work under this item includes excavation; controlling groundwater if necessary; subgrade preparation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 43: Slope Lining Integral Color: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, adding integral color approved by the Engineer to the concrete slope lining; and all other work items required to complete the work in place. Item No. 44: 6 -inch Concrete over 6 -inch CMB Access Road (12 -foot Width): Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing and installing, as indicated on the Plans, 6 -inch concrete over 6 -inch CMB access road. Work under this item shall include excavation; subgrade preparation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 45: 3 -Foot Thick 1/2—Ton Rock Slope Protection (RSP): Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; Revision Date: 7/21/2016 SP 18 of 62 and providing submittals, procuring, approving, delivering, storing and installing, as indicated on the Plans, 3 -foot thick %-ton RSP with RSP -fabric Type B, and %-inch gravel drain material wrapped in filter fabric under the RSP only along the stilling basin end wall. Work under this item shall include excavation; subgrade preparation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 46: Stilling Basin End Wall: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing and installing, as indicated on the Drawings, the Stilling Basin End Wall with weep holes. Work under this item shall include excavation; subgrade preparation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 47: Diversion Assembly Retaining Wall: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing and installing, as indicated on the Drawings, the concrete diversion assembly retaining wall. Work under this item shall include excavation; subgrade preparation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 48: Top of Slope Retaining Wall — 18 -inch: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing and installing, as indicated on the Drawings, the Top of Slope Retaining Wall. Work under this item shall include excavation; subgrade preparation; backfilling; compaction; and all other work items required to complete the work in place. Item No. 49: Retaining Wall Skateboard Stops: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing and installing Gorilla 135 Skate Board stops or approved equal; and all other work items required to complete the work in place. Item No. 50: Mulching Woody Material: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, storing, and chipping stockpiled woody material for reuse as mulch; and all other work items required to complete the work in place. This Bid Item includes disposing of mulch in excess of the needs of this project. Item No. 51: 1 -Gallon Plant Shrub: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing 1 -gallon plant materials as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch; providing photographic submittals and all other work items required to complete the work in place. Item No. 52: Live Stakes Plant Material: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing live stake plant material as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, soils testing, forming water basin and top dressing with mulch; Revision Date: 7/21/2016 SP 19 of 62 providing photographic submittals and all other work items required to complete the work in place. Item No. 53: Fine Grading & Soil Preparation: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing topsoil layer from stockpile (4" to 5" top layer to bring areas to final grade increment) and fine grading in all planting areas after performing all operations for weed eradication specified in the construction documents; and all other work items required to complete the work in place. Item No. 54: Gypsum: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, broadcasting, watering and tilling in the gypsum as specified by the results of the agronomic soil test to address soil salinity; and all other work items required to complete the work in place. Item No. 55: Compost for Planting: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, installing and tilling in compost as specified for planting backfill; and all other work items required to complete the work in place. Item No. 56: Hydroseed: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment, and incidentals; and providing submittals, procuring, approving, delivering, storing, installing and broadcasting the hydroseed including virgin wood cellulose fiber, seed, mycorrhizal inoculum, humic acid, and compost, after performing all operations for weed eradication specified in these construction documents, and provide protection for plant material prior to applying the two part hydroseed mixture as specified in these specifications. Remove all protective material and any overspray immediately following application of the two-part seed application; and all other work items required to complete the work in place. Item No. 57: Mulch Spreading: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment, and incidentals; and providing submittals for extracting mulch from stockpile; hauling, placing, and spreading mulch as specified and indicated in the construction documents for plantings and seed bed preparation; and all other work items required to complete the work in place. Item No. 58: Cuttings: Work under this item shall include, but not limited to furnishing all labor and materials, tools, equipment, and incidentals; for procuring, approving, delivering, storing and installing cuttings as indicated in the construction documents; and all other work items required to complete the work in place. Item No. 59: Temporary Irrigation System: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing a complete and operable irrigation system as specified in these construction documents including connecting to an existing water meter; layout; excavation; assembly; backfilling; testing and adjustment of system for all piping; installing piping, pipe staples, sleeving, ball valves, quick couplers, remote control valves, valve wiring with 1 -inch conduit, valve boxes, backflow preventer, master valve, flow sensor, irrigation heads, risers, all wire from controller to remote control valves, master valve and flow sensor with telemetry cable; and all other work items required to complete the work in place. Revision Date: 7/21/2016 SP 20 of 62 Item No. 60: Irrigation Controller with Pedestal: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing a new pedestal mounted Evolution DX2 irrigation controller with flow sensor, radio, and low -profile antenna, electrical components, stainless steel cabinet, pedestal base/pad, and appurtenances; connecting to 120 VAC source; disposing of excess materials; and all other work items as required to complete the work in place. Item No. 61: Single -Meter Electrical Cabinet: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and installing a single -meter cabinet to provide metered power to the proposed irrigation controller per City of Newport Beach Standard 206-L, including concrete pad; all electrical components, wiring, conduits, and pull boxes to provide electrical service connection to the controller; removing and reconstructing any concrete sidewalk, curb or gutter; backfilling; compacting; disposing of excess excavated materials; coordinating and connecting to SCE service as required, and all other work items as required to complete the work in place. Item No. 62: 120 -Day Plant Establishment & Maintenance Period: Work under this item shall include, but not limited to, providing all material, labor and equipment necessary to perform the Work required for plant establishment and plant maintenance as specified in these construction documents. This Work shall not commence until the Engineer determines all planting tasks have been completed. Item No. 63: As -Built Drawings: Work under this item shall include a redlined set of Drawings submitted by the Contractor upon completion of the project. The Drawings shall reflect all deviations from Contract Drawings made during Construction and show the exact dimensions, geometry, and location of all elements of the Work completed under the Contract. As -Built Drawings shall be submitted to the Engineer. An amount of $3,500 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. Add to this section: "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 200 --- ROCK MATERIALS 200-1 ROCK PRODUCTS. 200-1.5 Sand. Add to this section: 'clean sand shall be free from lumps and debris or any other sharp objects." 200-1.6 Stone for Riprap. Add to this section: "Riprap for storm culvert improvement shall be 200 lbs. rock size and conform to the gradation specified in table 200-1.6.2. Stones shall be durable, free from cracks, seams, and other defects which would tend to increase deterioration from natural causes. Dirt, sand, or clay shall not exceed 5% by weight. Quantity of rock with an elongation greater than 3:1 shall not exceed 20% of the mass. No stone shall have Revision Date: 7/21/2016 SP 21 of 62 an elongation greater than 4:1. Not more than 10% of the stone shall show splitting, crumbling, or spelling when subjected to 5 cycles of the sodium soundness test as required by ASTM C88. In lieu of conforming to the above specified test requirements, material with a proven history of satisfactory performance may be approved for use provided certification of this history is acceptable to Engineer. 200-2.9 Decomposed Granite. The Decomposed Granite color shall be an earth tone selected by the Engineer. The Contractor shall submit a one gallon container of the proposed Decomposed Granite mixture to the Engineer, prior to purchase or delivery of the Decomposed Granite material, for approval of the color mix. The gradation of the 3" thick Decomposed Granite shall be as follows: Retained on 5/8" Sieve 0% Retained on 3/8" Sieve 15% to 25% Retained on No. 4 Sieve 40% to 55% Retained on No. 10 Sieve 65% to 80% Crushed aggregate screenings shall be free from clay lumps, vegetative matter and deleterious material. Additives: Soil solidification comprised of customized co -polymers specifically designed to bind with soils and aggregates such as Technisoil, Natracil or approved equal shall be added to the decomposed granite. See Section 302-13 - Decomposed Granite for construction method requirements. SECTION 201 -- CONCRETE. MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE. 201-1.1.3 Concrete Specified by Special Exposure. Add to this section: "Portland cement concrete for construction slope lining, outlet (stilling) basin, stilling basin end wall and top of slope retaining wall shall be Class 658 -CME -4500P. Other concrete structures shall be Class 560-C-3250." 201-1.2.4 Chemical Admixtures. Add to this section: "For the concrete slope lining integral color, the Contractor shall submit samples of proposed earth -tone, metal oxide pigment for approval by the Engineer." 201-2 REINFORCEMENT FOR CONCRETE. 201-2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 207 --- PIPE 207-17 POLYVINYL CHLORIDE (PVC) GRAVITY PIPE. Add to this section: "Perforated PVC - The pipe shall be shop perforated with perforations symmetrically located at 0 degree, 120 Revision Date: 7/21/2016 SP 22 of 62 degree, and 240 degree azimuth (crown of the pipe being 0 degree azimuth). All perforations on PVC pipes shall be 3/8 -inch diameter holes with a spacing of 1 linear foot between each perforation. Gated PVC — The 12 -inch gated Bioretention inlet pipe shall include gates every 3.5 feet located at a 90 degree azimuth (crown of the pipe being 0 degree azimuth). Standard rectangular hole openings shall measure 1.25 inches by 2.625 inches. UV resistant plastic dam gates shall be used." SECTION 210 — PAINT AND PROTECTIVE COATINGS Add the following: "210-6 CONCRETE ETCHING SOLUTION. The concrete slope protection shall be coated with Shawtex Finish Line or approved equal to achieve an etched surface finish exposing the fine aggregate of the concrete mixture. The product is available from ShawTex, Inc. 2652 Circle Dr., Newport Beach 92663, (949) 683-5602 or leeshaw949@gmail.com." SECTION 211 - MATERIAL TEST Add the following section "211-4 AGRONOMIC SOIL TEST. Soil samples shall be taken from a minimum of one location per acre or a minimum of five samples for the project area to represent an adequate cross- section of conditions as determined by the Engineer. One composite sample shall be taken to represent key site locations (riparian, upland, dense native vegetation, pepper tree, and open/ herbaceous weeds). Soil sampling methods shall conform per guidance of the soil testing company. Each composite sample shall be composed of samples collected from the 0 to 6 inch depth with eight to 10 core samples from around a uniform area, mixed in a clean plastic bucket and transferred into a composite sample (approximately 1 pound) soil sample bag. Soil tests shall be performed by an approved soil testing laboratory such as Wallace Laboratories, 365 Coral Circle, EI Segundo, CA 90245, telephone number (310) 615-0116, contact Garn Wallace. The minimum tests performed shall be the Agricultural Soils Suitability test, organic matter, Sodium adsorption ratio (SAR) and soil texture for each sample. The test shall include the following: Organic matter content; elements; metals; salinity; pH; SAR; EC; chloride; soil texture (i.e., silt, clay, sand); recommendations for amendments, leaching, and maintenance fertilizations. The results and recommendations of soil testing laboratory shall be submitted to the Engineer for review and approval. Products specified by product name in the soil testing laboratory recommendations may be substituted with equal products approved by the Engineer." Revision Date: 7/21/2016 SP 23 of 62 SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 2124. INLINE WATER LEVERL CONTROL STRUCTURE. Structure shall be an Agri Drain Inline Water Level Control Structure, www.agridrain.com, or approved equal. SECTION 213 --- ENGINEERING GEOSYNTHETICS Add the following to Section 213-6: "213-6 GEOCOMPOSITE. 213-2.1 General. Add to this section: "The woven textile shall be Mirafi FW 300 or approved equal." 213-6.1 Geocomposite Material. "Single -sided geocomposite material shall consist of geotextile heat -bonded to one side of a geonet as shown on the Drawings and described below. No burning through geotextile shall be permitted. The material shall be manufactured of new, first quality products designed and manufactured specifically for maintaining drainage between cover material and geomembrane liner. The material shall be free from tears, punctures, or contamination by foreign materials. All such defects shall be repaired in a manner satisfactory to the Engineer. The geotextile component shall be nonwoven and in accordance with Table 213-5.2(A), Greenbook 2015, page 239. Type 180 N shall be used. The geonet component shall conform to the following specifications: a. Material: High density polyethylene (HDPE) b. Thickness: ASTM 05199, 200 mils (minimum) c. Transmissivity: ASTM D4716, 10 gal/min/ft at a hydraulic gradient of 0.3 ft/ft with 1.75 Psi compressive load. d. Percent Carbon Black: ASTM D1603 213-6.2 Geocomposite Submittals. Submit the following information: 1. Product Data: Specifications, installation instructions, and general recommendations from materials manufacturer of geocomposite. Specification sheets shall give full details of minimum physical properties and test methods used. 2. Three geocomposite samples (6 -inch x 6 -inch minimum size). 3. List of three similar projects completed in which the manufactured material has been successfully used. Include name and phone number of owner associated with each project. 4. Chemical resistance data. 5. Geocomposite manufacturer's quality control certificates for each roll of geocomposite delivered to the Project Site. The quality control certificates shall be submitted prior to installation and include material properties listed in paragraph 2.01 E, this Section. 6. Geocomposite installer's quality control manual describing method of documenting placement, seaming, laps, and related items. Revision Date: 7/21/2016 SP 24 of 62 213-6.3 Geocomposite Installation. Verify all surfaces to receive the geocomposite are free of all foreign material, sharp objects, or debris of any kind. Verify that all surfaces to receive the geocomposite provide a firm, unyielding foundation with no sharp changes or abrupt breaks. Verify that there is no standing water or excessive moisture on the surface. Certify in writing that the surface on which the geocomposite is to be installed is acceptable before commencing work. Surfaces to be lined shall be smooth and free of all rocks, stones, sticks, roots, sharp objects, or debris of any kind. The surface should provide a firm, unyielding foundation for the fabric with no sudden, sharp, or abrupt changes or breaks in grade. Standing water or excessive moisture shall not be allowed. Install geocomposite and all accessories in strict accordance with geocomposite manufacturer/fabricator's instructions, and as specified herein. Install geocomposite on prepared subgrade using careful procedures with minimum handling. Unroll panels as close to their final position as possible. Field Overlap and Securing for Geocomposite: Composite surfaces to be overlapped shall be cleaned before overlapping. Overlap adjacent rolls approximately 4 inches and secure by plastic ties approximately every 5 feet along the roll length. Plastic ties shall be white or another bright color for easy inspection. Metallic ties shall not be allowed. In the corners of the side slopes, where overlaps between rolls of geocomposite are staggered, install an extra layer of geocomposite from the top to the bottom of slope. Weight all geocomposite rolls in place with sandbags or equivalent. Install sandbags during geocomposite placement and retain in place until cover material is placed. On slopes, anchor the geocomposite into a trench as indicated on the Contract Drawings. Adhere to the following stipulations while working on or near the geocomposite: No smoking shall be allowed. No glass or metal containers or other sharp objects shall be used. No construction installation equipment shall pass over any exposed fabric surface. Remove water from the ground surface prior to geocomposite installation. Cover the geocomposite with cover soil within 5 days after placement. Placement of the cover soil shall be by low pressure equipment (2-4 psi). Spread the cover soil in the direction of seam overlaps and in a manner that does not pull, separate, or puncture the geocomposite. Spreading and/or hauling equipment shall not be allowed to make sudden stops or sharp turns when spreading the cover soil. 213-6.4 Geocomposite Quality Assurance. Conformance sampling shall be completed at a minimum frequency of one sample every 50,000 square feet of geocomposite delivered and will be performed before shipment to the job site. a. Conformance testing of the geocomposite shall include, but not limited to: 1. Mass/Unit Area: ASTM D5261. 2. Tensile Properties: (ASTM D5034) (ASTM D5035). 3. Thickness: ASTM D5199. 4. Transmissivity: ASTM D4716. 5. Adhesion of Geotextile to Geonet: ASTM D413 or F904. 6. Percent Carbon Black: ASTM D1603. b. Engineer may revise the test methods used for determination of conformance properties to allow for use of improved methods. Revision Date: 7/21/2016 SP 25 of 62 All geocomposite conformance test data as well as geocomposite manufacturer quality control testing shall meet or exceed requirements listed above. Any materials that do not conform to these requirements shall be retested or rejected at the direction of Engineer. a. Geocomposite that is rejected shall be removed from the Project Site and replaced at Contractor's expense. Sampling and conformance testing of the geocomposite supplied, as required for rejected material, shall be performed by Engineer at Contractor's expense. Contractor shall furnish a Construction Quality Assurance (CQA) program and is responsible for ensuring quality control. 213-6.5 Geocomposite Storage. Receive, store, and handle the geocomposite materials as recommended by manufacturer. Cover all materials completely while stored on-site prior to use. Damaged material on rolls shall be cut out and removed from the site." Add the following to Section 213-7: "213-7 GEOMEMBRANE. 213-7.1 Geomembrane Material. "A 40 -mil high density polyethylene (HDPE) geomembrane liner shall be used. 213-7.1.1 Geomembrane Resin. 1. HDPE, new, first quality, compounded, and manufactured specifically for producing HDPE geomembrane. 2. Resin types shall not be mixed during manufacturing. 3. Recycled materials or seconds shall not be used in geomembrane manufacturing. 4. Table 213-7.1 below lists the required HDPE resin properties. Table 213-7.1 Properties for HDPE Resin Test Test Designation Specific Gravityi'I ASTM D1505 Melt Index ASTM D1238, Condition E OIT ASTM D3895 (1 atm/200°C) 'Measure on pure resin without additives. Reguirement Min. 0.94 g/cc Max. 1 gram per 10 minutes 100 minutes 213-7.1.2 Geomembrane Manufacturing. a. The material for the geomembrane shall be smooth (both sides) high density Polyethylene (HDPE). b. Do not exceed a combined maximum total of 1.0% by weight of additives other than carbon black or pigment. Identify percentage of processing aids, antioxidants, and other additives other than carbon black. Revision Date: 7/21/2016 SP 26 of 62 c. Do not exceed 4% by weight of finished geomembrane for total combined processing aids, antioxidants, carbon black, and other additives. d. All additives for UV protection, thermal stability, color texturing, or processing agents shall not "bloom" to the surface over time or inhibit welding. e. Use materials produced in the United States or Canada. f. Provide finished product free from blemishes, holes, pin holes, bubbles, blisters, excessive gels, undispersed resins or carbon black, contamination by foreign matter, and nicks or cuts on edges. g. Identify each roll with labels indicating roll number, dimensions, and manufacturer. h. Table 213-7.2 lists required HDPE geomembrane properties. i. No factory seaming of HDPE geomembrane panels will be accepted. j. All compound ingredients (raw material) for HDPE geomembrane shall be sampled and tested by geomembrane manufacturer. 1. Furnish a test result summary to Engineer to verify compliance with specified material requirements and sampling frequencies outlined in 213-7.2, this Section. 2. Furnish summary of test results reflecting actual test frequencies to Engineer prior to or coincident with shipment of geomembrane to the Project Site. k. Engineer may inspect the geomembrane manufacturing process on a full-time basis. 1. The inspection program shall include conformance sampling as required. 2. Contractor shall arrange for geomembrane manufacturer to provide a production schedule to Engineer and cooperate with Engineer during plant inspection. I. Select liner sheets in maximum possible length of roll to minimize seaming. 1. Minimum width of sheet shall be 22 feet. 213-7.1.3 HDPE EXTRUDATE ROD OR BEAD: a. Shall meet geomembrane manufacturer requirements. b. Shall be made from same resin as geomembrane. c. Additives shall be thoroughly dispersed throughout the rod or bead. d. Additives shall include 2 to 3% carbon black. e. Shall be free of contamination by moisture or foreign debris. 213-7.1.4 WELDING EQUIPMENT. Supply seam welding accessories meeting the following requirements: 1. Maintain sufficient operational seaming apparatus to continue work without delay. 2. Use a power source capable of providing constant voltage under combined line load. 3. Provide a protective lining and splash pad large enough to catch spilled fuel under the power generator, if located on the geomembrane liner. 4. Provide tensiometers capable of measuring seam strength, calibrated and accurate to within 2 pounds. 213-7.2 Geomembrane Submittals. Submit the following information: a. Manufacturer certification of having successfully manufactured one million square feet of high density polyethylene (HDPE) geomembrane liner for hydraulic containment purposes using smooth and textured geomembranes. b. Manufacturer's certification that Geomembrane Installer is approved or licensed to install manufacturer's geomembrane. c. A list of three projects on which Geomembrane Installer successfully installed HDPE smooth and textured geomembrane on three projects of similar or larger size.. Include name and telephone of each project owner. Revision Date: 7/2112016 SP 27 of 62 d. Certification and supporting test data stating that resin used for geomembrane production meets or exceeds the requirements of 213-7.1, this Section. e. A written certification provided by geomembrane manufacturer stating the producer, product designation, batch number, and production data of all resin used in manufacture of all HDPE materials shipped to the Site. This certification shall be submitted to Engineer prior to shipment of geomembrane. Geomembrane will not be accepted unless all required certifications for the resin have been received by Engineer. f. Submit quality control certificates provided by geomembrane manufacturer for geomembrane delivered to Project Site prior to installation. Quality control certificates shall indicate geomembrane complies with specified material requirements and sampling frequencies outlined in 213-7.2, this Section. g. Approximately two weeks prior to geomembrane shipment, provide a set of geomembrane panel layout drawings. h. Provide Geomembrane Installer's quality control manual to include, but not limited to, seam sampling, testing, and documentation of all installation and testing activities required by these Specifications. L Manufacturer's and Geomembrane Installer's written warranty and guarantees as follows: (1) Furnish a written warranty from the geomembrane manufacturer for a useful life of not less than 10 years from the date of installation, covering the geomembrane liner material under the specified operating conditions. (2) Furnish as a minimum, a 1 -year, non pro rata warranty from the geomembrane installer for the installation against defects. (3) Such written warranties shall provide for the repair and/or replacement of any defect or defective areas of geomembrane, or compensation for defective work, upon written notification and demonstration by City of the specific nonconformance of the geomembrane or installation with the specifications. Compensation for defective material shall be provided to City on a pro rata basis for the estimated cost to City at that time of supplying and installing material to a clean, dry, and unencumbered condition by a third -party installer. (4) Contractor shall be responsible for obtaining any necessary guarantees or certifications from geomembrane manufacturer and geomembrane installer and submitting them to Engineer prior to installation of geomembrane liner. j. Certifications and calibration charts (current within 12 months prior to construction) for all testing apparatus and gauges to be used by Geomembrane Installer. k. Within 2 weeks after date geomembrane installation is complete, submit as - constructed drawings showing: 1. Numbered panels. 2. Numbered seams. 3. Destructive test sample locations. 4. Patches and repairs. The as -constructed drawings shall be referenced to the coordinate system shown on the Contract Drawings. 213-7.3.1.1.1 Geomembrane Installation. a. Approximately two weeks prior to arrival at the Site, provide Geomembrane Installer personnel resumes demonstrating compliance with the following requirements: Revision Date: 7/21/2016 SP 28 of 62 1. A minimum of one field superintendent per shift shall be designated by the Geomembrane Installer and approved by Engineer. a. Each field superintendent shall have a minimum of one year of field experience in installing HDPE geomembranes. b. Any change or replacement of superintendents during the project shall be approved in advance by Engineer. 2. Each seaming crew shall have a designated foreman, who shall have a minimum one year of HDPE geomembrane installation experience and shall work continuously with seaming crew. b. Prior to scheduled geomembrane installation, the Contractor, Geomembrane Installer, and Construction Quality Assurance (CQA) personnel shall attend a preinstallation meeting at the Project Site as scheduled by Engineer after receipt of field layout drawings. 1. Contractor shall be represented by the Project field superintendent. 2. At the preinstallation meeting, site safety rules of operation, quality assurance, quality control, record keeping, scheduling, and methods of installation shall be discussed. c. Daily field records shall be maintained by Contractor of actual placement of each panel, certificates of subgrade acceptance, panel numbers placed, seams welded, destructive samples taken, field tests for peel and shear, trial weld test results, and nondestructive test results. 1. Submit a copy of each day's field records to Engineer no later than the following work day. d. Prepare the surfaces that are to receive the geomembrane in accordance with the Contract Drawings and Specifications. Install geomembrane only on subgrade that has been approved by Geomembrane Installer and CQA Monitor. 1. Place geomembrane only on subgrade prepared according to these Specifications and free of rutting greater than 1 -inch deep, sharp elevation changes, or other evidence of damage caused by vehicle traffic, erosion, or other causes. 2. Report areas exhibiting deficient subgrade surface to Engineer. e. Panel placement, seam welding technique, placement, and welding schedule shall minimize potential for accumulation of water beneath geomembrane. 1. Any water ponded beneath geomembrane after geomembrane has been installed, due to Contractor's failure to minimize potential for accumulation of water, shall be removed by Contractor at no cost to Owner. 2. Soil subgrade that has become excessively moist, soft, or unsuitable to perform its intended function shall be removed and replaced by Contractor at his expense. f. Construction or vehicular traffic upon exposed geomembrane shall be limited to lightweight, low pressure, rubber -tired equipment subject to the approval of CQA monitor. g. Extreme care shall be taken by personnel while handling, unwrapping, transporting, positioning, and seaming geomembrane. Damage to geomembrane incurred during construction shall be repaired or replaced at Contractor's expense. 1. Store geomembrane in a suitable area adjacent to or on the Work Site. Geomembrane delivered with folds or creases of any kind shall be rejected and removed from the Site. 2. Protect geomembrane during storage so roll labels remain intact and readable. Any roll of geomembrane that has no label or label is damaged or otherwise illegible may be rejected by CQA monitor. Revision Date: 7/21/2016 SP 29 of 62 h. Provide temporary anchorage of geomembrane during installation. Any geomembrane exhibiting damage from wind or other causes prior to acceptance by Engineer shall be removed by Contractor at no cost to the City. i. Contractor shall excavate, maintain, and backfill the geomembrane anchor trench. Anchor trench shall be "daylighted" to allow drainage while trench is open. j. Install geomembrane so as to minimize "trampolining" of the geomembrane at toe of slopes. k. Extrusion or fusion welds of adjacent panels shall extend continuously along full length of panels and anchor trench. I. Deploy and seam geomembrane panels in order to assure adequate, well distributed slack exists to account for expansion or contraction of geomembrane. m. Orient seams in a direction parallel to the line of maximum subgrade slope and place panels in a manner that minimizes number and length of field seams. n. Place geomembrane panels on slopes such that "upstream" panel forms the upper panel and overlaps "downstream" panel in order to minimize infiltration potential. o. All longitudinal seams shall be at least 5 feet from toe and top of side slopes. 213-7.3.1 Installation - Production Seaming of Geomembrane. a. All seaming, sealing, and welding material shall be of same materials and have same properties as geomembrane, where applicable. b. No production seaming shall commence until trial seaming as outlined in Section 213- 7.3.2 is successfully completed and approved by CQA Monitor. c. CQA Monitor and Engineer, in conjunction with Geomembrane Installer, will establish site-specific limits of weather conditions including, but not limited to, temperature, humidity, precipitation, and wind speed and direction within which geomembrane panel placement and seaming can be conducted. In the absence of Site-specific criteria, the following limitations shall apply: 1. Seaming shall not be conducted during precipitation, such as rain, sleet, dew, or fog, in or below the seam area. 2. Seaming shall not be conducted in presence of high winds, when dirt or debris is blown into seam areas, or when seam temperatures cannot be adequately monitored and controlled. 3. Seaming shall not be conducted when ambient temperature falls below 35°F unless approved by CQA Monitor. In order for seaming to be approved, Geomembrane Installer shall be required, at a minimum, to perform an additional trial seam to demonstrate conformance with these Specifications. CQA monitor reserves the right to require additional destructive seam testing when seaming is conducted at ambient temperatures below 35°F. a. Geomembrane Installer shall be prepared to preheat seam area prior to production seaming in accordance with geomembrane manufacturer's recommendations. 4. Seaming shall not be conducted when ambient temperature exceeds 104°F unless approved by CQA Monitor. d. For purposes of monitoring production geomembrane seaming, ambient temperature shall be measured by CQA Monitor. 1. Record ambient temperature at multiple locations along the seam at a distance of 6 inches above geomembrane surface. e. Use lap joints to weld panels of HDPE geomembrane together in the field. 1. Use a minimum overlap of 3 inches. 2. Seams shall be fusion (double wedge) or extrusion -welded and as prescribed by EPA530/SW-91 /051. Revision Date: 7/21/2016 SP 30 of 62 3. Hold panels in position in a manner approved by CQA Monitor to prevent movement during welding and maintain a flat lap of panels. 4. Prepare weld area to provide a suitable surface for adherence to panels to be welded. 5. Weld area shall be free of dirt, dust, moisture, or other foreign material, and the cleaning process shall be approved by CQA Monitor. 6. Apply the weld as soon as is practical after preparation and cleaning is completed. 7. No glue or tape shall be used to temporarily hold panels together before welding. 8. No solvents shall be used to clean panels prior to welding. f. Seam all geomembrane panels on the same day panels are deployed. g. Folds, wrinkles, or "fish -mouths" shall not be allowed within seam area. 1. Where wrinkles or folds occur, the material shall be cut and overlapped, and a patch shall be applied. h. Extrusion Type Welding: 1. To tack bond adjacent panels together, use procedures that do not damage geomembrane. 2. Purge welding apparatus of heat -degraded extrudate before welding. 3. Bevel top edges of geomembrane a minimum of 45° and full thickness of geomembrane before extrusion welding. 4. Clean seam welding surfaces of oxidation by disc grinder or equivalent not more than 15 minutes before extrusion welding. a. Change grinding discs frequently. b. Do not use clogged discs. c. Do not remove more than 4 mils of material when grinding. d. Grind across, not parallel to, welds. e. Cover entire width of grind area with extrudate. 5. When restarting welding, grind ends of all welds that are more than 5 minutes old. L Application of a bead of extrudate over damaged geomembrane (bead repairs) shall be prohibited, except where explicitly approved by CQA monitor. 1. Repair surface defects, tears, punctures, and similar damage using additional geomembrane material as a patch extending beyond the repair area at least 6 inches in all directions. 2. The CQC Manager shall maintain a record of all repairs and patches. j. Fusion seams shall not be repaired by placing extrusion welds directly over previously seamed areas. Repair fusion seams by using a patch or cap strip. k. The CQA Monitor may require repair or replacement of any area where excessive grinding, overheating, or unacceptable preparation, seaming, or testing techniques are observed. Such repair or replacement may be required even if samples removed from affected areas pass destructive peel or shear testing. 1. All repairs shall be completed by Geomembrane Installer at no additional expense to City. 2. All patches for repair of the geomembrane shall have rounded corners such that the repair may be completed with a continuous extrusion weld. I. Geomembrane areas showing damage due to excessive scuffing, puncture, or distress from any cause shall be replaced or repaired. Revision Date: 7/21/2016 SP 31 of 62 213-7.3.2 Geomembrane Seaming - Trial Welds And Trial Weld Sampling. a. The CQC Manager shall be responsible for performing field testing of all trial welds. The CQC Manager shall submit for Engineer's review and approval a trial weld quality control testing program. b. Trial welds shall be performed for each welder whenever any of the following conditions occur: 1. Shift start-up. 2. Four hours of continuous welder operation. 3. "Cold" restart of the welder. 4. Change in welding operator. 5. Significant change in ambient temperatures, or 6. As required by CQA Monitor. c. Trial welds shall be at least 10 feet in length for fusion welds and at least 5 feet in length for extrusion welds. 1. Conduct trial welds using same personnel, equipment, and seaming parameters as will be used during production seaming. 2. Make trial welds at location of production seams. d. Conduct sampling of trial welds from center two-thirds of final seam length. e. Trial seam test specimens shall be tested in peel and shear in accordance with the approved quality control testing program. 1. Test minimum of 5 specimens for each trial seam, 2 in shear and 3 in peel. 2. Qualification criteria for all destructive trial weld testing shall be failure by film tear bond (FTB) and the minimum peel and shear values specified in Section 213- 7.3.3 for all 5 trial weld specimens. 3. For double -track fusion welded seams, both welds shall meet the FTB and peel strength criteria. f. Trial weld test results shall meet the above criteria prior to performing any installation production welding. This may require repeating the trial seam process. 1. Results of trial weld tests shall be noted in CQC Manager's trial weld test log. 2. Furnish a copy of the test log to Engineer not later than the following work day. 213-7.3.3 Geomembrane Seaming - Production Seam Testing. a. All field seams shall be nondestructively tested over their full length using a vacuum test unit, air pressure (for double fusion seams only), spark testing, or other approved methods. Perform testing as seaming progresses and not at completion of all field seaming. Complete required repairs in accordance with this Specification. 1. Vacuum Testing: a. Conduct with the following equipment: (1) Vacuum box assembly consisting of a rigid housing, a transparent viewing window, a soft neoprene gasket attached to the bottom, port hole, or valve assembly, and a vacuum gauge. Box dimensions shall be small enough so testing can be accomplished over odd -shaped surfaces. (2) Vacuum pump assembly equipped with a pressure control. (3) Rubber pressure/vacuum hose with fittings and connections. (4) Soapy solution and an applicator. b. Test procedures: (1) Place the box over seam area wetted with soapy solution. (2) Ensure that a leak -tight seal is created. (3) Energize vacuum pump and reduce vacuum box pressure to approximately 10 inches of mercury (5 psig). Revision Date: 7/21/2016 Q C. SP 32 of 62 (4) Examine geomembrane through viewing window for presence of soap bubbles for a period of not less than 10 seconds. (5) Mark all defective areas where soap bubbles appear and repair. 2. Air pressure testing for seaming processes producing a double seam with an enclosed channel: a. Conduct with the following equipment: (1) Air pump (manual or motor driven) equipped with a pressure gauge capable of generating and sustaining a pressure over 30 psi and mounted on a cushion to protect geomembrane. (2) Rubber hose with fittings and connections. (3) Sharp hollow needle, or other approved pressure feed device. (4) Pressure gauge with an accuracy of one psi. b. Test Procedures: (1) Seal both ends of welded seam to be tested. (2) Insert needle or other approved pressure feed device into tunnel created by weld. (3) Energize air pump to a minimum pressure of 30 psi or 1/2 psi per mil of liner thickness, whichever is greater, close valve, and sustain pressure for at least 5 minutes. (4) If loss of pressure exceeds 2 psi or pressure does not stabilize, locate defective area and repair. (5) Puncture opposite end of seam to release air. If blockage is present (air is not released), locate and test seam on both sides of blockage. (6) Remove needle or other approved pressure feed device and seal penetration holes. Where practical, sample ends of production seams at panel ends. 1. Perform field destructive testing for these samples on -Site using test method and approval criteria outlined in this Specification for trial weld samples. 2. If end samples do not meet acceptance criteria stated for trial welds, the COA Monitor will require CQC Manager to sample additional locations on the same seam and/or adjacent seams for laboratory destructive testing. Obtain samples of production welds suitable for destructive testing at locations determined by CQA Monitor. 1. Frequency of sampling will be based on the following criteria: a. A minimum of one sample per 500 linear feet of seam. b. A minimum of one sample per welding machine per day. c. Significant changes in weather conditions. 2. Each sample shall be 42 inches long and 12 inches wide. a. Production seam shall be centered relative to sample width dimension of 12 inches. b. Each destructive sample will be cut into three specimens, two at 12" x 12" and one 12" x 18". c. One 12" x 12" specimen will be retained by Contractor, one 12" x 12" specimen will be retained by Owner, and the 12" x 18" specimen will be sent to an independent third -party laboratory. d. Additional destructive samples may be obtained as determined by CQA Monitor. Repair of production seam where destructive samples were obtained as specified below. Each repair seam shall be nondestructively tested by the CQC Manager. Revision Date: 7/21/2016 SP 33 of 62 e. The weld in the destructive sample shall be laboratory tested in peel and shear (ASTM D4437). Qualification criteria for all destructive seam testing shall be FTB and load criteria specified herein. 1. Five specimens from each laboratory destructive test sample shall be tested for shear strength using ASTM D4437. a. The load at failure shall be at least 90% of the yield strength (in pounds per inch width) of the parent geomembrane material as specified in Table 213- 7.2. b. Failures exhibited in areas prepared by grinding outside of extruded areas of extrusion seams may require resampling and retesting. 2. At least five specimens from each laboratory destructive test sample shall be tested for peel adhesion using ASTM D4437. a. The load at failure for fusion welds shall be at least 70% of yield strength (in pounds per inch width) of the parent geomembrane material as specified in Table 213-7.2. b. At least 60% of yield strength (smooth and textured) for extrusion welds. c. For fusion welds, more than 10% peel (separation) of the bonded area shall constitute failure. 3. In order for the destructive sample to be considered qualified, at least 4 of the 5 peel and 4 of the 5 shear specimens shall meet all load and FTB criteria specified herein. f. A final visual examination of all welds and in-place geomembrane will be completed by CQA Monitor. 1. Contractor shall repair, in accordance with these Specifications, any area designated by CQA Monitor as not in accordance with the Specifications. 2. Contractor shall be responsible for cleaning, sweeping, or other measures necessary to provide a thoroughly visible geomembrane surface for CQA Monitor's inspection. 3. CQA Monitor's inspection will be performed following a complete inspection and approval by Contractor's designated quality control technician. Table 213-7.2 Required Physical Properties of 40 mil HDPE Geomembrane Property Testing Frequency Test Method Requirement (see note Thickness 5 per roll ASTM D5199 nominal 40 mils ASTM D5994 (lowest individual reading = textured 36 mil) Density 1 per 50,000 sq. ft. ASTM D1505/D792 Min. 0.940 /cc Carbon Black Content 1 per 50,000 sq. ft. ASTM D1603 2 to 3% Carbon Black Dispersion 1 per 50,000 sq. ft. ASTM D5596 Category 1 or 2 Tensile Properties 1 per 50,000 sq. ft. ASTM D638 Type IV yield stress ASTM D6693 Min. 130 Ib/in elongation at yield Min. 13% elongation at break Min. 700% (100% textured) Tear Resistance 1 per 50,000 sq. ft. ASTM D1004 Min. 42 Ib Puncture Resistance 1 per 50,000 sq. ft. ASTM D4833 Min. 119 Ib (90 Ib textured) Stress Crack Resistanceper GRI-GM10 I ASTM D5397 Min. 400 hr. Standard Oxidative One per lot or batch ASTM D3895 Min. Avg. 100 minutes Induction Time (railcar) Revision Date: 7/21/2016 SP 34 of 62 213-7.5 Liner Protective Cover Installation. Installation of the protective cover material shall be performed in a manner that prohibits equipment from coming in direct contact with the liner and minimizes potential damage to the liner. Contractor shall be responsible for any damage caused to geomembrane liner. The protective cover material shall be spread onto the liner from the edge of the Bioretention Cell and over the liner surface with low ground pressure equipment, to minimize stress on the liner. Low ground pressure equipment (small wide track dozers) that impart less than 4 psi ground pressure shall be used. Equipment action on the protective layer that imparts a shear stress on the liner (twisting, small radius turning, etc) shall be prohibited. In heavily trafficked areas such as construction access ramps, protective cover/operations layer thickness shall be at least 3 -feet thick. On sloped areas, place cover soil from the bottom of the slope upward to create a passive, stabilizing soil wedge at the toe of the slope prior to placing soil higher on a slope. On sloped areas, use relatively small, wide -track, low -ground -pressure dozers to minimize dynamic and tractive forces. 213-7.6 Geomembrane Storage. Receive, store, and handle geomembrane lining materials as recommended by manufacturer. Cover all materials completely while stored on Site prior to use. All welding material shall be delivered in the original sealed containers, each with an indelible label bearing the brand name, manufacturer's mark number, and complete directions for storage. Damaged material on rolls shall be cut out and removed from the Site. Stack geomembrane a maximum of five rolls high." 213-8 VEGETATED SOIL REVETMENT. The 2 -Layer Mat system covers planting soils lifts shown in Detail 4, Sheet 11 of the Drawings, and is composed of one (1) layer of woven fabric (outer) and one (1) layer of unwoven fabric (inner). The unwoven fabric is constructed of 100% biodegradable materials with a 100% coconut fiber matrix and a functional longevity of approximately 24 months. The coconut fibers shall be evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100% biodegradable natural organic fiber netting woven into an approximate)/2- inch x 1 -inch mesh and sewn together with biodegradable thread on 1Y� inch centers. The fabric shall meet the following minimum physical properties: Property Test Method Typical Thickness ASTM D5199/ECTC 0.26 in Resiliency ECTC Guidelines 85% Mass per Unit Area ASTM D6475 8.83 oz/ d' WaterAbsor tion ASTM D1117/ECTC 155% Swell ECTC Guidelines 40% Stiffness/ Flexibility ASTM D1388/ECTC 0.11 oz -in Light Penetration ECTC Guidelines 16.40% Smolder Resistance ECTC Guidelines Yes MD Tensile Strength ASTM D5035 342 Ibs/ft MD Elongation ASTM D5035 7.60% TD Tensile Strength ASTM D5035 211 lbs/ft TD Elongation ASTM D5035 11.10% Manufacturer: North American Green C12513N, or equivalent. Revision Date: 7/21/2016 SP 35 of 62 The woven fabric is constructed of 100% biodegradable materials with a 100% coconut fiber matrix and a functional longevity of approximately 48 months. The material shall be evenly wheel spun and uniformly twisted from well -cleaned 100% biodegradable natural organic coir woven into an approximate 2 -inch x 2 -inch mesh. The fabric shall meet the following minimum physical properties: Property Test Method Typical Weight per Unit Area ASTM 3776-C 11.80 oz/ d2 Oen Area 65% Wide Width Tensile Strength, D Ib/in ASTM D4595 51 x 31, Warp x Fill Wide Width Tensile Strength, Wet(lb/in) ASTM D4595 38 x 24, Warp x Fill Elongation at Failure, D % ASTM D4595 35 x 30, Warp x Fill Elongation at Failure, Wet % ASTM D4595 47 x 44, Warp x Fill Maximum Shear Stress (Ib/ft') 3.1 Water Flow Velocity Manufacturer: Belton Industries - Geocoir Dekowe 400, or equivalent. Live Stems and Poles are secured within the lifts and shall be willows with stem lengths shall be sufficient to span the depth of the lift, be embedded six (6) inches into the soil subgrade and protrude beyond the constructed bank line a minimum of six (6) inches. PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.3 Removal and Disposal of Materials. Add to this Section: "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 provided upon request or be found on the City's website at: http://www.city.newport-beach.ca.us/GSV/Frachised Haulers.htm. Before removal, trees shall be inspected for the Polyphagous and Kuroshio Shot Hole Borers beetles which carry the pathogenic Fusarium Dieback fungal species. The Contractor shall immediately notify the Engineer if an affected tree is found. As directed by the Engineer, the affected trees shall be chipped to less than 1 -inch pieces, solarized or fumigated, and disposed of in an approved landfill (not a green waste disposal site). The Engineer will notify the Eskalen Lab of any affected trees following the specimen submission instructions on the following website: http://eskalenlab.ucr.edu/specimen.html. Limit removals only to areas where earthwork or other construction operations are to be performed. Protect tops, trunks, and roots of existing trees which are to remain on site. Clear areas and dispose of other trees, brush, and vegetation before starting construction. Remove tree stumps and roots larger than 3 inches in diameter and backfill resulting excavations with compacted, suitable material. Contractor may claim and salvage any timber or other debris which may be considered of value, but shall not delay in any manner either this Contract or other work with salvaging operations" Revision Date: 712112016 SP 36 of 62 300-1.3.1 General. Add to this section: 'The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications except as modified and supplemented herein. 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. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 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. The Contractor is referred to Section 2.9.3 -Private Engineers of these Special Provisions for additional information and requirements." 300-1.3.2 Requirements. (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion. 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 on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300-2 UNCLASSIFIED EXCAVATION. 300-2.2 Unsuitable Material. Add to this section: "The Contractor is referred to Section 2- 9.3, Survey Service, of these Special Provisions for additional information and requirements related to the quantification of unsuitable material." 300-2.2.2 Wet Material. Add to this Section the requirements listed in Section 900-2, Dewatering and Section 900-3, Temporary Flow Diversion 300-3 STRUCTURE EXCAVATION AND BACKFILL. 300-3.1 General. Add to this Section the requirements listed in Section 900-2, Dewatering and Section 900-3, Temporary Flow Diversion. Revision Date: 7/21/2016 SP 37 of 62 300-4 UNCLASSIFIED FILL. 300-4.1 General. Add to this Section: "Unclassified fill shall be native materials from excavations performed within the limits of the project and shall be approved by the Engineer. The City will provide geotechnical inspection and compaction testing. If testing shows that compaction requirements are not met, costs for geotechnical inspection and compaction retesting are remediation work by the Contractor, will be invoiced to the Contractor." Add to this Section the requirements listed in Section 900-2, Dewatering and Section 900- 3, Temporary Flow Diversion. 300-11 STONEWORK FOR EROSION CONTROL. 300-11.1 General. Add to this Section the requirements listed in Section 900-1, Riprap. Add the following to Section 300-12: "300-12 BIORETENTION SOIL MEDIA. 300-12.1 Materials. `The Bioretention Basin will be filled with a bioretention soil media (BSM) followed with a 2 -inch topping of organic material (compost) to meet the design elevation shown in the Drawings. The compost shall be tilled into the BSM. The BSM shall consist of a mixture of planting soil and sand at the following ratios: Item: Composition by Volume: Sand 30% Planting Soil 70% The BSM shall conform to the following in-situ properties. Component: Properties: Sand Conforms to ASTM C33 Fine Aggregate Planting Soil • Sand (2.0 — 0.050 mm) 40-65% by weight • Silt (0.05 — 0.002 mm) 0-50% by weight • Clay (less than 0.002 mm) 10-30% by weight • Organic Matter 1.5-10% by weight • pH 5.5-7.5 • Magnesium Minimum 32 ppm • Phosphorus (Phosphate — P2O5 Not to exceed 69 ppm P -index should be less than 25 Potassium (K2O) Minimum 78 ppm Soluble Salts Not to exceed 500 ppm Soil shall be free of deleterious materials, sharp objects, rock or gravel of any size, and contain no soil particles larger than one (1) inch. Material shall be free of refuse, ashes, cinders, frozen Revision Date: 7/21/2016 SP 38 of 62 earth, or other unsuitable material. Use suitable material sufficiently friable and provide a mass free of voids and capable of light compaction. Moisture content shall be that required to obtain specified compaction of the soil or as indicated. Perform moisture curing by wetting or drying the material as required to attain required compaction criteria. 300-12.2 BSM Installation. Submit soil stripping, hauling, stockpiling, placement, and production plans including all equipment, manpower, haul routes, soil spreading, and compaction plans to meet all requirements of this section. Spread and loosely compact soil by the controlled movement of track -mounted, low ground pressure equipment approved by Engineer during placing and grading of layers to density ranges specified for indicated locations. Loaded point -load (wheeled) equipment shall only be used to deliver the soil to the appropriate placement area and shall not be used to spread or compact soil. Establish a network of temporary haul roads to deliver the protective cover and BSM material to the placement areas. To the extent possible, minimize the number of haul roads within the Bioretention Cell area and maximize the number of haul roads outside the perimeter of this area. Ensure that haul truck drivers remain on these paths when delivering soil to reduce the area of point -load compaction. Minimize driving on top of BSM areas to avoid compaction. Disk, chisel, or loosen haul roads or other over -compacted areas to the full depth of excessive compaction prior to finalizing pipe installation and cover system grading. Limit compaction of BSM to within the acceptable placement zone included at the end of this section. Contractor may be required to spread out and dry material prior to placement to lower moisture content to the dry side of optimum before placement over the protective cover. Limit low ground pressure dozer speed when placing soil on sloped areas and instruct drivers and operators to avoid hard braking, particularly when backing down-slope. During construction, Contractor shall ensure that the protective cover and BSM placement are being constructed per the Specifications. Contractor shall monitor lift thickness, monitor moisture content and dry density of the protective cover and BSM, and observe the effect of equipment on the material placed (over -compaction, cracking, etc.). Based on the results of moisture content and compaction test results, Contractor may be required to re -work deficient areas. Examples of this may include disking up and loosening the placed soil, drying the soil, or mobilizing lighter equipment to meet compaction and moisture standards. After receipt of survey data, Contractor shall address the areas deficient in thickness and the deficient areas shall be re -surveyed. This process shall be repeated until the proper thicknesses have been achieved. Plant materials specified for the Bioretention Cell shall be planted as specified in the Contract Plans and applicable landscaping standards with the exception that pesticides, herbicides, and fertilizer shall not be applied during planting under any circumstances. Furthermore, pesticides, fertilizer, and any other soil amendments shall not be applied to the Bioretention Cell during landscape construction, plant establishment, or maintenance." 300-13 VEGETATED SOIL REVETMENT (VSR). Contractor is responsible for determining the total quantities needed for VSR construction and supplying materials as needed. The suggested sequence of installation of VSR is as follows. Contractor may propose an alternative work sequence for approval by the Engineer. Revision Date: 7/21/2016 SP 39 of 62 1. Grade uniform slope over the extents of VSR installation. 2. Start VSR construction at the channel invert or toe of slope, working upwards. 3. Rock Toe: Excavate and install rock toe trench to dimensions shown in drawings 4. Contractor shall consider using temporary forms to stabilize and facilitate construction of VSR. 5. Cut key into back of bank installation. Bottom (floor) of terraces should be battered at the slope shown on the Drawings. 6. Place four (4) live stems per linear foot with the basal (cut) end of the branch in contact with the back of the excavated slope. Live stems should protrude six (6) to nine (9) inches from the outside edge of the VSR. 7. Cover this branch layer with the outer fabric layer, and then the inner fabric layer. Fasten edge of both fabrics to back of excavation with row of stakes spaced 36 inches on center. 8. All fabric shall be rolled out parallel to the creek, in a contiguous piece for the full length of the VSR. Where needed, adjacent rolls shall be overlapped a minimum of 12 inches. Overlapped seams shall be a minimum of two (2) feet from areas of exposed slope. Upstream fabric sections shall be overlapped on top of downstream fabric sections to produce smooth transitions. 9. Place a 12 -inch layer of fill on the double layer of fabric and compact to 85% relative compaction. 10. Hand broadcast seed mix at specified application rate across top and face of soil lift. 11. Wrap the overhanging portion of the two (2) fabrics tightly over the compacted soil fill. 12. Fasten the fabrics to the back of the next cut bench using wooden stakes, spaced 36 inches on center. 13.Continue this process of alternating live stems, double fabric layers and soil fill (Steps 4 through 10) until the bank has been constructed to the design grade. 14. Tie upstream and downstream limits of VSR into adjacent creek features (existing bank, trees, etc.). Transition bank and VSR to establish smooth contiguous bank condition and limit potential for river flows to move under and/or around the VSR. 15. Install live willow poles 10 -foot on center (O.C.) alternating in the bottom two lifts of the VSR. 16. Immediately upon installing VSR, irrigate live stems, and live willow poles. Irrigate twice a week minimum until seasonal rains come and/or the contract is completed. SECTION 302 ---ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT. 302-6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." Add the following: "302-13 INSTALLATION OF DECOMPOSED GRANITE. Placement of decomposed granite and binder shall follow manufacture's specification. Contractor shall provide the Engineer for approval a detailed description of the installation process including preparing Revision Date: 7121/2016 SP 40 of 62 subgrade, placing 4 inches of crushed miscellaneous base material and achieve compaction of 95%, installing 4 -inch wide bender boards with anchors every four feet, installing 4 inches of decomposed granite in maximum 2 -inch lifts, applying water and Technisoil, Natracil, or approved equal at every lift to achieve maximum cure and compaction of 95%. SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS. 303-5.1 Requirements. 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints. 303-5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303-5.5 Finishing. 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718-3402." 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. Add the following to this section: "After installation of the power cabinet for the irrigation system, the Engineer will first inspect the installation followed by an inspection by Southern California Edison." Revision Date: 7/21/2016 SP 41 of 62 PART 4 ALTERNATE MATERIALS 400-2 UNTREATED BASE MATERIALS. 400-2.1 General. 400-2.1.1 Requirements. Add to this section: "For the driveway approach to Jamboree Road, the Contractor shall use crushed miscellaneous base as the base materials." PART 8 LANDSCAPING AND IRRIGATION SECTION 800 --- LANDSCAPING AND IRRIGATION MATERIALS 800-1 LANDSCAPING MATERIALS. 800-1.1 Topsoil. 800-1.1.1 General. Add the following: "Unless otherwise specified on the Contract Documents or required by the Engineer, topsoil shall be Class "B" in accordance with the requirements of 800-1.1.3. Imported soil, if required, shall be Class "A" topsoil in accordance with the requirements of 800-1.1.2." 800-1.1.3 Class "B" Topsoil. Add the following: "Class "B" Topsoil shall be the native topsoil occurring on site. Topsoil shall be salvaged and stockpiled from areas within the grading limits prior to grading activities. The top 2 inches of native soil shall be stripped and disposed of off-site to reduce contamination by invasive species plants and seeds. Remaining topsoil shall be stripped to a depth of 4 to 6 inches, stockpiled and protected in staging areas shown on the drawings. Topsoil shall be redistributed evenly to complete fine grading, and amended in accordance with the requirements of 800-1.2.4 when rough grading is completed." 800-1.2 Soil Fertilizing and Conditioning Materials. 800-1.2.4 Organic Soil Amendment. Replace entire section with the following: "Gypsum Amendment. Once rough grading has been conducted, topsoil material shall then be applied to establish the desired final (finished) grades per the Plan. After topsoil placement, grading, survey and acceptance, gypsum will then be spread over the revegetation areas as needed within the active floodplain and disked to a minimum of 12 inches. Then, a minimum of 2 inches of water shall be applied to the gypsum and soil, and let infiltrate for 24 hours. This step shall be repeated one additional time to ensure adequate migration of sodium into the lower profile with a minimum of 48 hours between treatments. For areas within the project area not subject to grading, apply gypsum and flood irrigation according to the soil testing recommendations. The application rate of gypsum per acre will be determined through the outcome of the soil Revision Date: 7/21/2016 SP 42 of 62 tests. Preliminary soil tests indicate that a gypsum application rate of 7,000 lbs per acre could be necessary." Add the following paragraph: "Compost. Compost used in planting backfill shall comply with Section 800-1.3.1, Hydroseeding Materials. Methods and application rates for use shall comply with Section 801-4.5." 800-1.2.5 Mulch. Replace entire section with the following: "Unless otherwise specified, mulch shall consist of wood chips, tree bark, or shredded bark, or any combination thereof, at the Contractor's option. Mulch shall be free of deleterious materials, including but not limited to, salt and foreign materials such as clods, coarse objects, sticks, rocks, weeds, or weed seeds. Mulch produced from tree trimmings that contain leaves or small twigs will not be accepted. Mulch materials produced from pine tree or eucalyptus trees shall not be used. Wood chips shall be manufactured from clean wood. The particle size of the chips shall be between one and one-half inch (1-1/2") and three inches (3") in length, and not less than 3/8 -inch in width and 1/16 -inch in thickness." 800-1.3 Seed. Add the following: "Seeds will be procured from a native seed -supply company and shall originate within coastal Orange, San Diego or Los Angeles County or, if not available, be commercially grown. Seed shall be less than 2 years old. For those species that function as erosion control (small fescue, plantain) or do not exist in large enough quantities within the specified area, it will be necessary to either use seed that is commercially grown or extend the seed source area on a species -by -species basis as approved by the Engineer." Add the following subsection: "800-1.3.1 Hydroseed Materials. Fiber. Fiber shall be produced from virgin wood cellulose, and shall be free of synthetic or plastic materials. A Certificate of Compliance for fiber shall be furnished to the Engineer. Fiber shall not contain more than seven -percent ash as determined by the Technical Association of the Pulp and Paper Industry (TAPP[) Standard T413, shall contain less than 250 parts per million of boron, and shall be otherwise nontoxic to plant or animal life. Fiber shall have a water -holding capacity by weight of not less than 1,200 -percent. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Water content of the fiber before mixing into slurry shall not exceed 15 -percent of the dry weight of the fiber. The percentage of water in the fiber shall be determined by California Test 226. Commercially packaged fiber shall have the moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied, and shall not stain concrete or painted surfaces. Revision Date: 7/21/2016 SP 43 of 62 Seed. Seed shall conform to the provisions of Materials in these Specifications. Individual seed species may be measured and premixed prior to delivery by the seed supplier or in the presence of the Engineer. Seed not required to be labeled under the California Food and Agricultural Code shall be tested for purity and germination by a seed laboratory certified by the Association of Official Seed Analysts, or a seed technologist certified by the Society of Commercial Seed Technologists. Seed shall have been tested for purity and germination not more than one year prior to application of seed. Results from testing seed for purity and germination shall be furnished to the Engineer prior to applying seed. If additional seed is required, then arrangements shall be made with the seed company and the Engineer to secure the material in a timely manner. Seed required to be labeled under the California Food and Agricultural Code shall be labeled by the vendors supplying such seed. Contractor shall save seed labels and submit them to the Engineer at the time of seeding operations. Seed specified without a purity or germination requirement shall be labeled to include the name, date (month and year) collected, and the name and address of the seed supplier. Said seed, at the time of sowing, shall be from the previous or current year's harvest. All shipments of seed not accompanied by a valid California Nursery Stock Certificate shall be reported to the County Agricultural Commissioner at the point of destination for inspection and shall be held until released by the Commissioner. Seed shall be labeled and furnished in sealed standard containers. The seed shall not contain more than 0.5 percent weed seed by volume. Seed that has become wet, moldy, or otherwise damaged will not be accepted. Seed in broken or damaged containers will be rejected. Potential seed sources include: • S&S Seeds, P.O Box 1275, Carpentaria, California 93014. Contact: Jody Miller, telephone number (805) 684-0436. • Irvine Ranch Conservancy. Contact: Riley Pratt, telephone number (949) 307-4060. Humic Acid. Humic acid shall be included in the hydroseed slurry mix as a neutralizer of chlorine and chloramine found in municipal water. Humic acid in liquid form shall be derived from Leonardite. Fulvic acid, legally sold in California as humic acid, is not acceptable. Humic acid shall be dark chocolate in color and verified with the Engineer prior to use. Leonardite is used to reduce the take-up of metals by plants in soil, particularly when combined with compost. Revision Date: 7/21/2016 SP 44 of 62 Mycorrhizal Inoculum. Mycorrhizae shall not be stored in temperatures greater than 90°F and no less than 32°F or in direct sun. Mycorrhizae that have become wet, moldy, or otherwise damaged by extreme temperatures shall be rejected. Endomycorrhizal inoculum shall be ordered at least two weeks in advance of application to ensure availability. The Contractor must coordinate with the Engineer as to when the inoculum should be ordered. It is the responsibility of the Contractor to arrange for and finance delivery of the mycorrhizae. The mycorrhizal inoculum shall include endomycorrhizal fungi (AM -80) with a minimum count of 60 million propagules per pound based on the guarantee of the supplier or an analysis returned by an independent laboratory. This inoculum shall be less than 2 years old. Inoculum is sold as loose granules or as liquid and shall be used with the application of the hydroseed slurry mix prior to or during planting and seeding. In no case shall endomycorrhizal inoculum be applied after the seed. Hydroseed application of mycorrhizal granulate shall be at a rate of 30 liters per acre or following the manufacture instructions. Inoculum must be applied within one hour of addition to the mixing tank Compost for Hydroseeding. Compost shall be derived from green material consisting of chipped, shredded or ground vegetation or clean processed recycled wood products, or Class A exceptional quality biosolids compost, as required by U.S. EPA, 40 CFR, part 503c regulations, or a combination of green material and Class A biosolids compost. The compost shall be processed to reduce non-native plant seeds and deleterious material; and shall not contain paint, petroleum products, herbicides, fungicides or other chemical residues that would be harmful to plants or animals. Other deleterious materials such as plastic, glass, metal, or rocks shall not exceed 0.1 percent by weight or volume. A minimum internal temperature of 131 degrees Fahrenheit shall be maintained for at least 15 continuous days during the composting process. The compost shall either be thoroughly turned a minimum of five times during the composting process or be forced aerated to ensure thermal killing of all weed seeds. Com post/vermicom post shall go through a minimum of 90 days curing period after the 15 -day thermophytic process has been completed. The compost shall have a minimum maturity level of 7.0 as measured on a Slovita test kit. Compost shall be screened through a minimum of 1/4 -inch screen. The moisture content of the compost shall not exceed 35 percent. Moisture content shall be determined by California Test 226. Compost products with a higher moisture content may be Revision Date: 7/21/2016 SP 45 of 62 used, provided the weight of the compost is increased to equal compost with maximum moisture content of 35 percent. A microbial assessment of the compost or vermicompost shall demonstrate a minimum bacterial biomass of 300 micrograms/gram and a minimum fungal biomass of 450 micrograms/gram, with a minimum Fungal to Bacterial biomass ratio of 1.5:1. Compost of this quality can be procured from VeriseTM 17127 Highway 243 Banning, CA 92220, 951- 692-1691. Actively Aerated Compost Tea. Actively Aerated Compost Tea (Compost tea) will contribute to the active soil microbial activity necessary for toxic sequestration, nutrient availability and ultimately soil health, and is known to assist in preventing PSHB infestation. Compost tea will be utilized as part of the hydroseed slurry mix and will be made either on-site or locally and applied within 18 hours of being manufactured and shall be no more than 24 hours old. Compost tea shall include compost with a minimum bacterial biomass of 300 micrograms/gram and a minimum fungal biomass of 450 micrograms/gram (as demonstrated by a microbial assessment report), humic acid and either kelp or fish hydrolysate. Contact for compost tea manufacturing and sales: Advanced Biological Soils (www.absoils.com). Commercial compost teas are not recommended due to their low microbial activity and lack of beneficial fungi." �ItIt17ilL�lFTii� 800-1.4.1 General. Add the following: "All plants furnished by the Contractor shall be true to type and name as shown on the Plans, and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of California. However, determination of plant species or variety shall be made by the Engineer, whose decision shall be final. Prior to plant procurement and delivery to the site, Contractor shall submit representative photographs of each material along with nursery information for approval and verify that all plants are free of the disease, including the Polyphagus Shot Hole Borer (PSHB). Plants shall be subject to inspection and approval or rejection by the Engineer at place of growth, upon delivery to the site, and at any time before or during progress of the work. Inspections shall include: a) Quantity, quality, size, and variety; b) Ball and root condition; C) Latent defects and injuries resulting from handling, disease and insects; and installation. d) Uniformity of plant materials. The Contractor shall notify the Engineer forty-eight (48) hours before the delivery of plant material, so the plants can be inspected prior to planting. Any plant material rejected shall Revision Date: 7/21/2016 SP 46 of 62 be immediately removed from the site and disposed of in a legal manner, at the expense of the Contractor. If additional material is required, then arrangements shall be made with the nursery and the Engineer to secure the material in a timely manner. Plants shall be of the variety and size specified on the Contract and shall conform to the requirements of these Specifications. Any substitutions shall be approved in writing by the Engineer. The Engineer shall notify the Contractor of any changes at least 72 hours prior to Contractor taking delivery of plant material. Plants shall be healthy, vigorous, free from plant disease, insect pests or their eggs, excessive abrasions or other objectionable disfigurements, and shall have healthy, normal root systems, well -filling their containers, but not to the point of being root -bound. Tree trunks shall be sturdy and well hardened off. Plants shall not be pruned or topped prior to delivery. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to insure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Plants shall be individually tagged or tagged in groups by species or variety. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted." Substitutions. If the Contractor is unable to obtain the specified species at the time of seeding or planting, substitute species will be considered at the discretion of the Engineer, who will determine if species substitutions are biologically appropriate. 800-1.4.6 Cuttings. Prior to plant procurement and delivery to the site, Contractor shall provide the location for plant harvesting for approval and verify that all plants are free of the disease, including the Polyphagus Shot Hole Borer (PSHB). Willow and mulefat cuttings shall be acquired from healthy plants within the project vicinity. Collection of cuttings shall be conducted such that donor stands will not be substantially affected, minimizing the impact to individual donor plants and the plant community. A minimum of eighteen to 24 inch -long cuttings shall be obtained when plants are dormant (leafless, with winter buds) with a diameter of 1 inch or larger. To the extent possible, choose straight branches for ease of planting. Make clean cuts so there are no split ends or torn bark. After the cutting is removed from the tree, cut off the side branches as close to the stem as possible. All harvested material shall be soaked onsite with the cut end of the material submerged at least 1/3 of stem length. Revision Date: 7/21/2016 SP 47 of 62 Add the following section "800-1.6 Herbicides and Pesticides. Herbicide application is prohibited within the project site unless approved and directed by the Engineer. Herbicide may be used in a limited capacity for stem injection of exotic trees that cannot be completely removed as described in section 801-1.2 If herbicide use is required, the Contractor shall comply with all rules and regulations of the Department of Food and Agriculture and the Department of Health, the Department of Industrial Relations, and all other agencies that govern the use of pesticides required in the performance of the Work on the Contract. Pesticides use shall be minimized and used only when hand pulling is not possible. Pesticides shall be limited to herbicides unless otherwise authorized by the Engineer. Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide or herbicide. The Contractor shall obtain recommendations for the use of all herbicides from a licensed Pest Control Adviser (PCA) in accordance with the requirements of the California Food and Agricultural Code, and these Specifications. Herbicide recommendations shall include, but not limited to, the herbicide to be used, rates of application, methods of application, and areas to which herbicides are to be applied. At no time shall pre -emergent herbicides be used. Herbicides shall be mixed in accordance with the instructions provided on the applicable registered label. Prior to mixing any herbicide, a copy of the registered label for the herbicide to be mixed shall be given to the Engineer, or when such copy is unavailable, the Engineer shall be permitted to read the label on the container. Herbicides for weed control shall be applied with a photosensitive dye that will produce a contrasting color when sprayed upon the ground. The color shall disappear between 2 and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or animal life when applied at the manufacturer's recommended application rate. Where control of non-native vegetation is required and the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, the Pest Control Advisor (PCA) shall recommend only those herbicides, such as Aquamaster® or Rodeo® (Glyphosate), which are approved for aquatic use. If surfactants are required, they shall be restricted to non-ionic chemicals, such as AgriDex, which are approved for aquatic use. Vegetation killed by herbicide shall be removed and disposed of legally off-site within 2 days." Revision Date: 7/21/2016 6'': • s 800-2 IRRIGATION MATERIALS. 800-2.2 Valves and Valve Boxes. 800-2.2.1 General. Valves shall be the type and size shown on the plans. Rubber diaphragms shall be EPDM or approved by Engineer. 800-2.2.7 Valve Boxes. Delete the section and replace with the following: "Valve boxes shall be plastic composite with locking lid, size and shape to provide clearances from valve as indicated." Valve boxes shall be heat branded with 2 -inch letters denoting the type of valve housed within, per the following: Heat Brand Valve Type MV Master Valve RCV, # Remote Control Valve, Valve Number FS Flow Sensor BV Ball Valve QC Quick Coupler 800-3 ELECTRICAL MATERIALS. 800-3.3 Controller Unit. Add to this section: "The irrigation controller shall be the type, size, and location shown on the plans. The irrigation controller shall be equipped with flow sensor, radio and antenna, and set up to communicate with the City irrigation management system. Contractor shall coordinate with City Staff to insure appropriate installation and programming." SECTION 801 —INSTALLATION 801-1 GENERAL. Add the following: "All combustible materials, trash, debris, and other waste materials from any construction operations shall be legally disposed of outside the Project Site. The Contractor shall protect all existing structures or facilities that are adjacent to or fall within the limits of the Work to be done under this Contract. Any structure or facility to be protected, which is damaged as a result of the Contractor's construction operation shall be replaced by the Contractor at his/her cost, to the satisfaction of the Engineer. The Engineer will review the site preparation and must indicate approval to the Contractor before planting or seeding may commence. The Contractor must give the Engineer at least 72 hours' notice before a site review." Revision Date: 7/21/2016 SP 49 of 62 801-2 EARTHWORK AND TOPSOIL PLACEMENT. 801-2.2 Topsoil Preparation and Conditioning. 801-2.2.1 General. Delete paragraph 1 and replace with the following: 'Topsoil shall be Class "B" placed at a depth of 4 inches in all revegetation areas. Planting areas shall be free of weeds, rocks and other extraneous materials to a depth of 12 inches below finish grade before topsoil placement. If Class "B" native topsoil is found to be unsuitable, Class "A" topsoil shall be placed at the depth and in the locations noted on the plans." Add the following paragraph: "De -compaction - Following grading activities and prior to topsoil replacement, soils shall be de -compacted to a minimum of 18 inches in all planting areas. In the riparian habitat planting areas, de -compaction can be conducted concurrently with the gypsum amendment treatment. De -compaction shall occur prior to planting and seeding." 801-2.2.2 Fertilizing and Conditioning Procedures. See 800.1.31 Hydroseed materials and 800.124 Organic Soil Amendment sections 801-2.3 Finish Grading. The surface finish grades in planting areas shall not be left smooth. Shallow pockets or small mounds less than 4 -inches in height are acceptable. 801-1.1 Exotic Vegetation Control. Exotic pest plants shall be removed according to these Specifications. Eradication of weedy plant species shall be performed by hand pulling and weed whipping. If hand pulling does not adequately control the weeds herbicides use or other methods approved by the Engineer shall be used. The Engineer will direct the Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided. Weeds shall be manually removed prior to flower development at intervals of not more than 15 days. All portions of the plant will be removed, including the roots. The weeds may not exceed one foot in height. If herbicide use is necessary, the type, quantity, and method of herbicide application will be determined by the Engineer. The Contractor shall confirm with the Engineer regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible. No herbicides shall be used on native vegetation or where Threatened or Endangered species occur. The Contractor shall coordinate with the Engineer to determine the presence of Threatened or Endangered species. The Contractor shall notify the Engineer at least 24 hours prior to each application of herbicide/pesticide and shall indicate the hours of application. The Contractor shall post notices one day prior to any chemical application throughout the site where the public can view. No application of pesticides shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved by the Engineer. Revision Date: 7/2 112 01 6 SP 50 of 62 Pesticides shall not be applied when weather conditions, including wind conditions, are unsuitable for such work. Wind velocities shall not exceed five miles per hour during application of herbicides. Target exotic vegetation to be controlled includes, but is not limited to, the following: Species Name Common Name Ailanthus altissima tree of heaven Anthemis cotula Mayweed chamomile Arundo donax giant reed Atriplex semibaccata Australian saltbush Brassica nigra, B. Brassica tournefortii, etc Mustard Carpobrotus edulis Iceplant Centaurea solstitialis yellow star thistle Cirsium vulgare bull thistle Conium maculatum poison hemlock Cortaderia jubata, C. selloana jubata grass, pampas grass Cynara cardunculus artichoke thistle Delairea odorata cape ivy Eucalyptus sp. Eucalyptus Fraxinus uhdei shamel ash Foeniculum vulgare Fennel Hedera helix English ivy Hydrilla verticillate Hydrilla Malephora crocea ice plant Mesembryanthemum crystallinum crystalline iceplant Myoporum laetum Myoporum Nicotiana glauca tree tobacco Pennisetum setaceum fountain grass Ricinus communis castor bean Salsola tragus Russian thistle Sapium sebiferum Chinese tallow Schinus molle Peruvian peppertree Schinus terebinthifolius Brazilian peppertree Revision Date: 7/21/2016 SP 51 of 62 Species Name Common Name Tamarix gallica, T. parviora Tamarisk T. chinensis, T. ramosissima tamarisk, salt cedar Vinca major Periwinkle Xanthium spinosum spiny cocklebur Species list is not all-inclusive. All non-native plants shall be removed from within mitigation and restoration areas. The Contractor will remove off-site all exotic plant material in a legally acceptable manner to a location that prevents its re-establishment. 801-1.2 Exotic Tree Removal. General. The Contractor is responsible for the removal of all exotic vegetation within the project area including trees and herbaceous species. Woody material shall be used for mulch. Exotic trees will be removed from all areas to be revegetated. Exotic tree information including location, species, and diameter at breast height (DBH) are shown on the plans. Exotic tree species include, but are not limited to: Brazilian pepper (Schinus terebinthifolflus), Eucalyptus (Eucalyptus spp.), Mexican fan palm (Washington robusta) , Canary Island palm (Phoenix canariensis), Fig (Ficus carica), Goldenrain tree (Koelreuteria paniculata), and Ash (Fraxinus spp.). Some exotic trees in the project areas are multi -trunk specimens. Additional exotic trees may have established in the project construction area since the survey was completed. All exotic vegetation shall be removed as part of clearing and grubbing and site preparation activities as specified. Polyphagus Shot Hole Borer. Two species of Polyphagus Shot Hole Borer (PSHB) have been detected in southern California. This invasive beetle carries three pathogenic fungi that results in the death of a tree. To date, PSHB has not been detected in trees in the Big Canyon construction area. The Contractor shall be responsible for inspection of all trees that will be removed for the PSHB. The Contractor shall flag the infested plant and provide a map to the Engineer of its location. If PSHB is found in trees within the project site, special handling techniques will be required. Infested trees will be flagged and the Contractor will be responsible for following specifications for the treatment and removal of the infested trees. If the Contractor suspects one or more trees are infested with PSHB, the Contractor shall notify the Engineer immediately of the tree location(s). The Engineer will provide samples to the University of Riverside (following directions provided by http://eskalenlab.ucr.edu/specimen.htmi ) for analysis and identification at no cost to the Contractor. Tree Removal. In grading areas, all portions of exotic trees (and other non-native vegetation) will be removed. Trunks and root balls can be mechanically pulled -out by the Contractor prior to excavation, or they can be removed as part of mass grading. The Contractor shall present Revision Date: 7/21/2016 SP 52 of 62 the means and methods to the Engineer. Removal of the root ball includes removal of root biomass at least three (3) feet below the current ground surface and within a two and one half (2.5) foot radius centered under the main trunk (i.e., within a 5 -foot diameter circle). The Contractor is permitted to cut larger tap and/or lateral roots to complete removal of the root ball. In non -grading areas within the limits of the project, all portions of exotic trees (and other non-native vegetation) will be mechanically removed as identified above. As determined by the Engineer, tree removal methods may be modified where there are site limitations that could result in significant soil erosion (e.g., on steep slope sections) or impacts to desirable native vegetation. The root ball shall remain in place and only the aboveground portions of the exotic tree will be removed by cutting of the main trunk(s) or the tree may be injected with herbicide repeatedly until the tree is dead. For trees where only the aboveground portion is removed, trunks will be cut flush with the ground surface, with the exception of Brazilian Pepper trees which shall be left uncut until 100% dead to avoid root sprouting. Native vegetation shall be preserved and protected in non -grading areas. It will be marked by the Engineer and reviewed in the field with the Contractor prior to tree removal. The Contractor may request permission from the Engineer to prune native vegetation to establish an acceptable work clearance area. Tree Debris Treatment and Disposal. Tree debris will be separated into two debris categories: (1) trunks and branches, and (2) leaves, small stems and seeds. To prevent potential re -germination of exotic species the leaves, small stems and seeds will be completely removed from the site and properly disposed of within a landfill. Trees not infected with PSHB, shall have all cut leaves, small stems (with leaves and seeds), and seeds removed and disposed from the site at a landfill. Contractor is responsible to rake up and gather this material for offsite disposal. The Contractor shall coordinate with the Engineer to identify chipped mulch distribution areas within the site. Chipped mulch shall be spread less than 2 inches thick across the entire site, starting with the riparian habitat, and at a depth of up to 4" around container plants and live stakes. If excess chipped mulch is generated (beyond what can be distributed to a thickness of 4 inches or less), it will be disposed of offsite at an approved green waste facility. Disposal of trees infected with PSHB is not a bid item covered under this Contract. As negotiated with the Engineer, the Contractor shall have all debris chipped to less than 1 inch diameter and length, which is the most effective way to kill most of the beetles, and debris shall be solarized onsite. Infested wood shall not be disposed of at a green waste facility. Chip or heat treat cut wood per the following specifications. • Chip infested wood immediately after cutting and pruning (within 2 hours) to less than 1 inch diameter and length, and dispose offsite at a landfill (not a green waste facility) • Do not leave piles of infested wood uncovered or without plastic underneath • If infested wood is not chipped immediately after cutting, logs and branches shall be tightly wrapped in plastic (and covered during transport) to contain the beetle • If wood cannot be chipped, debris wrapped in plastic shall be heat treated by solarizing or kiln drying to kill the beetle. Kiln treatment requires heating infested wood at 160 degrees F. for at least 60 minutes. Solarizing treatment requires placing Revision Date: 7/21/2016 SP 53 of 62 infested wood wrapped in plastic outside exposed to the sun for at least 6 months. Outside temperatures should regularly be above 95 degrees F. and clear plastic is preferred because it heats more effectively. Logs and branches wrapped in plastic shall be two (2) foot high maximum. Alternatively the wood can be hot composted onsite ensuring that all material is treated at temperatures of 160 degrees F and turned 5 times over 15 consecutive days. After kiln drying, hot composting or solarizing and confirmation beetles have been killed, wood shall be disposed at a green waste facility or landfill. Completion of Work Engineer will inspect tree removal locations, chipped material, and on-site treatment (chipped or heat treated) of any wood infested with PSHB. Engineer will provide a punch - list of any tree removal specifications not completed. 801-4 PLANTING. 801-4.1 General. Add the following: "All plants of the same species and container size (i.e., the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction of the Engineer. The Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during the Contract period. All plants shall be full-sized and shall have root systems at a fully developed state within the container. Hair roots should extend to the edge of the container. No plant shall be root -bound. Root balls may require scarification to the satisfaction of the Engineer. No boxed, balled or canned plants shall be planted if the ball is broken or cracked, whether before or during the process of planting. Any plant transplanted by the Contractor that dies or has bark, branch or die -back injury shall be replaced at the Contractor's expense with an equal plant to the satisfaction of the Engineer. The Contractor shall not install planting as shown on the plans when it is obvious in the field that conditions exist which are detrimental to plant survival and growth. Such conditions shall be brought to the attention of the Engineer. No plants shall be transported to the planting areas that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the act of placement. Any plant that, in the opinion of the Engineer, is dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at the Contractor's expense. Revision Date: 7/21/2016 SP 54 of 62 No planting shall be done in any area until the area concerned has been prepared in accordance with these Specifications and presents a neat and uniform appearance satisfactory to the Engineer. Contractor will submit product data and photos of materials to be utilized for review and approval by the Engineer. All inspections herein specified shall be made by the Engineer. The Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the planting work: a) During preliminary grading and initial removal of existing plants. b) When plants are placed for installation, but before planting holes have been excavated. c) When all specified work has been completed (prior to the Maintenance and Establishment Period) d) Final inspection at the completion of the Maintenance and Plant Establishment period. The Contractor's failure to obtain inspection will extend the start and/or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by the Engineer." Add the following paragraph: "Site preparation and hydroseeding shall be seasonally timed to capture winter/spring rainfall. Seeding of material shall occur just prior to the rainy season and no later than mid-February. Establishment maintenance will follow seeding and planting as approved by the Engineer." 801-4.5 Tree and Shrub Planting. Delete entire section and replace with the following: "The lay -out of container plants will consist of groups of plants distributed in natural groupings. Spacing of slope plants within the groups will follow the specifications presented in the prepared landscape plan for containerized plants. Planting sites will be marked on the site by the Contractor using different colored pin flags for approval by the Engineer. Groups of container plants will be spaced in natural looking mosaics. All container plants shall be planted to the following specifications • Planting holes shall be at a minimum twice the depth and width of the containerized plant, or a minimum of twice the width containerized plants. • Prior to planting, the planting hole shall be filled 1/3 with compost and filled with compost tea, and allowed to drain. • Plants shall be set in the planting hole so that the crown of the root ball is approximately 1-2 inches above finish grade. Under no circumstance should the plant crown be buried. • A watering basin shall be provided around each plant from 36 inches in diameter. • Watering basins shall be filled with compost tea after planting. • Plant basins shall be mulched with approximately 2 - 4 inches of approved wood mulch or compost after planting. Revision Date: 7/21/2016 SP 55 of 62 Planting done in soil that is too wet, too dry, not properly conditioned or in a condition not generally accepted as satisfactory for planting as provided in these Specifications, will not be accepted. Container stock shall be thoroughly watered the day before planting. No more plants shall be distributed in a planting area than can be planted and watered -in on that day. Trees and shrubs to be planted in areas to be seeded shall be planted before seed is applied. Planting holes may be excavated by hand digging or by drilling. Water shall not be used for the excavation of planting holes. The Contractor shall avoid creating smooth, vertical walls in the planting hole, and scarify the side of planting holes with shovel or digger bar if an auger is used. With the palm of the hand covering the open end, upend the plant container. Carefully tap the container so the plant rests upside down on the hand leaving the rootball completely intact. Plants shall be removed from their containers in such a manner that the ball of earth surrounding the roots is not broken. Plants shall be planted and watered as hereinafter specified immediately after removal from their containers. Plant containers shall not be cut prior to delivery of the plants to the planting area. Examine the plant for a healthy root system. If there are signs of girdling, scarify the rootball. Before placing the container plant on the backfill, work the soil around the roots so that they are not compressed into a tight mass, but are spread and supported by the soil beneath them. Set rootball atop backfill so the root crown is slightly above finished grade. Fill remaining portion of planting hole with backfill. Be sure the crown is still slightly above grade. If the backfill material settles below the top of the root ball after planting and watering, additional soil shall be added to bring the backfill even with the top of the root ball as shown on the Plans. Construct hand -compacted earth berm watering basin, per details on the plans approximately 3 -foot wide. Apply two inches (2") of mulch as top dressing within the entire watering basin. Mulch shall be of the size and type as specified in these Specifications. Mulch must not be placed directly against the main stem of the plant." Add the following subsection: "801-4.5.1 Planting of Mule Fat and Willow Live Stakes. Trees and shrubs to be planted in areas to be hydroseeded shall be planted prior to hydroseed application. Live stake cuttings are to be planted as follows: • The basal end shall be cut at a 45 -degree angle to identify the end to be planted, and immediately immersed in water treated with 1 drop of liquid humic acid per gallon for storage as necessary for transport, and for a minimum of 24 hours (ideally 7 to 10 days) to encourage root growth. Revision Date: 7/21/2016 SP 56 of 62 • Cuttings shall be planted in holes 50% deeper than the length of the cutting and 1.5 feet wide, backfilled with a planting mix of 1/3 specified compost and 2/3 native soil. • Just prior to installation, the lower end of cuttings shall be dipped in compost tea and immediately planted vertically in the holes. • Planting holes shall then be filled with compost tea and backfilled to proper compaction. • A watering basin shall be built by placing a 4 -inch berm around each installed plant within one (1) foot of the cuttings. • Specified wood mulch shall be placed around cuttings to minimize water loss and discourage weed growth. Mulch shall be pre -wetted and 2 to 4 inches deep, not placed directly against the main stem of the plants, and maintained during the restoration and mitigation efforts. • Each cutting shall be irrigated immediately following installation to saturate surrounding soil. Each plant shall be inspected after watering to correct any soil settling during and after planting. If the upper end is damaged while driving it in with a wooden mallet, cut off the damaged portion with scissor -type loppers (anvil -types tend to crush one side of the stem) leaving 15 percent to 20 percent of the cutting length above ground. This placement minimizes water loss and helps prevent damage to roots. Two to four viable buds shall be exposed above grade." 801-4.8 Seed Planting. Delete entire section and replace with the following: "801-4.8.1 General. The success of the overall habitat restoration and mitigation areas hinges on proper implementation of this plan, including completion of Contractor responsibilities, proper site preparation, soil amendments, timing of seeding, site protection, general seeding specifications, substitutions, sources, and guarantees. Contractor may subcontract with a licensed hydroseed installer (hereinafter referred to as the Subcontractor) for hydroseed operations and a specialist for preparing the compost tea. The Contractor shall ensure that the Subcontractor will apply seeds, compost, mycorrhizal inoculum, and stabilizing compound conforming to these Specifications. Planting areas will be hydroseeded after irrigation systems have been installed and are operational, temporary erosion control installed (as necessary) and the installation of container stock as specified in the Drawings and Specifications. Hydroseeding will proceed after the Engineer has certified that the hydroseed site preparation work has been completed. Seed and other additives shall be uniformly applied to those planting areas as specified in the Plans and Specifications. All weeds will be hand cleared by the Contractor prior to hydroseeding. The ground will be thoroughly wetted to a minimum of 4" depth prior to hydroseeding. Revision Date: 7/21/2016 SP 57 of 62 The Contractor will coordinate installation of the container plant stock with the Subcontractor to ensure that no damage will occur during hydroseeding of the site." 801-4.8.2 Seeding and Hydromulching Application. Hydroseeding of the specified native seed mixes will be applied to all revegetation areas. Seeds shall be supplied on the basis of bulk weight, percent purity, and percent germination from a qualified Southern California native seed supplier. The native seed mix, together with the liquid humic acid, compost tea, mycorrhizal inoculum, compost and wood fiber shall be applied by hydroseed using a two-step technique as follows: Unless approved otherwise by the Engineer, materials shall be applied in two (2) separate applications. The first application as specified in the table below consists of the following mixture in the proportions indicated, shall be applied with hydroseeding equipment within 60 minutes after the seed and mycorrhizae have been added to the mixture: First Application Material Quantity per acreage Compost See below for quantity by area Liquid Humic Acid 2 gallons Compost Tea 30 gallons Specified Seed Mix Asspecified in the Plans M corrhizal Inoculum 30 liters or per manufacturers recommendation Humic acid shall be applied to the water in the tank and mixed well prior to the addition of all other ingredients. Once the seed, compost tea, mycorrhizal inoculum and compost are added to the mixing tank, application must be made within 1 hour. If the temperature will exceed 90 degrees Fahrenheit (32 degrees Celsius), Step Two must be applied within 3 hours of the first step. Compost application rates shall be as follows: • Riparian areas - 8 cubic yards/acre • Bioretention cell - 5 cubic yards per acre • Upland (coastal sage scrub) revegetation areas - 2 cubic yards per acre. All native seed will be soaked for 15 minutes in the compost tea and then air dried prior to addition of the seed into the hydroseed tank. The second application consists of the following mixture in the proportions indicated which shall be applied with hydroseeding equipment: Second Application Material Quantity per acreage Cellulose Wood Fiber 2000 Lbs Liquid Humic Acid 2 gallons Organic Soil Stabilizer 160 Lbs Revision Date: 7/21/2016 SP 58 of 62 The ratio of total water to total stabilizing emulsion in the mixture shall be as recommended by the manufacturer of the emulsion. Any mixture containing stabilizing emulsion shall not be applied during rainy weather or when soil temperatures are below 40° F. Pedestrians or equipment shall not be permitted to enter areas where mixtures containing stabilizing emulsion have been applied. 801-4.9.5 Watering. All plants and seeds shall be hand watered immediately after planting. Water shall be applied until the backfill soil around and below the roots or ball of earth around the roots of each plant is thoroughly saturated. Where water is applied with a hose, a water disbursement device or pressure -reducing device approved by the Engineer shall be used. Under no circumstances shall the full force of the water from the open end of a hose be allowed to fall within the basin around any plant. Water shall be applied to plants as often and in sufficient amounts as conditions may require keeping the plants in a healthy, growing condition during the life of the Contract. When watering commences, it should be a deep watering and occur just enough to keep the plants alive. This holds especially true during the summer months when native plants are in their dormant phase. The Contractor is responsible for scheduling, monitoring and adjusting the irrigation watering schedule as necessary during the 120 -maintenance period. 801-5 IRRIGATION SYSTEM INSTALLATION. 801-5.2 Trench Excavation and Backfill. Delete item c) and replace with the following: "b) Lateral lines shall be installed above ground and secured with pipe staples at a minimum interval of 15 feet." 801-5.4 Installation of Valves, Valve Boxes, and Special Equipment. Delete paragraph 3 and replace with the following: "Valves shall be the size indicated on the plans. If a size is not indicated, the valve shall be line size for the pipeline in which they are installed." 801-6 MAINTENANCE AND PLANT ESTABLISHMENT. Delete the entire section and replace with the following: "801-6.1 General. Contractor shall maintain the project on a continuous basis from the first day after the planting is complete and approval for all Work has been obtained from the Engineer to start the 120 -calendar day Maintenance and Plant Establishment Period. Contractor shall request an inspection by the Engineer after plant installation for acceptance of the Work in writing. In the acceptance letter to the Contractor, the Engineer will state the beginning and ending date of the Maintenance and Plant Establishment Period. Contractor shall schedule regular inspection meetings with the Engineer during the period. The frequency of the meetings shall be as required by the Engineer, but no less than one per month. Revision Date: 7/21/2016 SP 59 of 62 Contractor shall provide all labor, materials and equipment to perform Work during the Post - Installation Maintenance Period, as specified herein, including but not limited to, adequate watering of plant material, replacing dead and/or declining plant materials, regular inspections, and controlling weeds. Any day the Contractor fails to adequately water or perform work determined to be necessary by the Engineer will not be credited as part of the Post -Installation Maintenance Period. The Contractor shall replace any plants indicating weakness or probability of dying due to Contractor negligence during the Plant Establishment Period at his/her own expense. The Contractor shall be available within five (5) working days of request by the Engineer for replanting or any other maintenance activity Work determined to be necessary by the Engineer. The Plant Establishment Period may be extended by the City if the project is improperly maintained, appreciable replacement is required, or other corrective work becomes necessary. Contractor shall request an inspection within the last five (5) working days of the Plant Establishment Period for acceptance of the Work performed in accordance with the Contract Documents. The request shall be made to the Engineer a minimum of five (5) working days prior to the date of the inspection. The Engineer will notify the Contractor in writing of the satisfactory completion of the Maintenance and Plant Establishment Period." 801-6.2 General Maintenance Duties (120 -day Maintenance and Plant Establishment Period). The following tasks to be performed by the Contractor as General Maintenance duties during the Maintenance and Plant Establishment Period include, but are not limited to: 1. Plant inspection 2. Weed control 3. Exotic plant and tree removal 4. Trash and debris removal 5. Pest Control 6. Plant replacement 7. Seed replacement 8. Watering/temporary irrigation maintenance 801-6.2.1 Plant Inspection. All native plants shall be maintained in their natural shapes. No pruning is necessary or desirable. All dead wood must remain on the plant or where it has fallen. All basins around plants shall be maintained at constructed depths during the Plant Establishment Period, unless otherwise directed by the Engineer. The mulch within each watering basin shall be maintained at no less than two inches (2") unless otherwise authorized by the Engineer. Revision Date: 7/21/2016 SP 60 of 62 If during the 120 day period the PSHB has been identified in newly establishing vegetation, the Engineer shall be notified immediately and a map prepared. The disease plant shall be removed and appropriate disposal of the dead plant shall occur within 48 hours. 801-6.2.2 Weed Control. The project site shall be maintained free of weeds during the 120 consecutive days of the Maintenance and Plant Establishment Period. Weed eradication will minimize competition that would prevent the establishment of native species. Maintenance personnel will be trained to distinguish weedy plant species from native vegetation to ensure that only weedy species are removed or sprayed with herbicide. During the Maintenance and Plant Establishment Period, weeds shall be manually removed either before they can attain a height of twelve inches (12") or produce flowers, whichever comes first. All portions of the plant will be removed, including the roots. If the site is not weeded within one week of achieving any of the above criteria, a penalty of liquidated damages equal to $500 per day will be imposed on the Contractor by the Engineer after the seventh day. Pulled weeds will be placed on a "mantilla" to prevent the seeds from coming in contact with the ground, and removed from the project site on a daily basis. A cleared space, 18 inches from the base of the plant, will be maintained around each container plant to minimize competition from other plant species. Mulch, two inches thick within the watering basin, will be maintained throughout the maintenance period following the same procedures described in these Specifications. Leaf and branch drop, and organic debris of native species shall be left in place. The project site shall have no more than 10% cover by weeds, including annual weeds, at the end of the 120 -day Plant Establishment Period. 801-6.2.3 Exotic Tree Control. The Contractor shall monitor the project site for regrowth or suckering of exotic tree species removed during construction operations. Trees or suckers that regrow from cut stems or root fragments remaining in the ground shall be manually excavated and disposed of off-site. Any trees that are treated with stem injection shall be monitored for appropriate response and success of treatment. Re -treatment may be required prior to conclusion of the 120 -day maintenance period as directed by the Engineer. 801-6.2.4 Trash and Debris Removal. All areas of the project site shall be kept clean and free of weeds, litter, trash, and debris during the Maintenance and Plant Establishment Period. The project site shall be well maintained in order to deter vandalism and dumping of trash. Contractor shall, during daily routine maintenance, remove weedy debris, inorganic litter, trash, and other debris from the project site and dispose of off-site as permitted by law. Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall notify the Engineer regarding vandalism or dumping of trash immediately upon detection. Dead limbs and tree fall shall be left in place in the revegetation areas Revision Date: 7/21/2016 SP 61 of 62 801-6.2.5 Pest Control. Contractor is responsible for monitoring trees and shrubs for signs of disease, insect and/or predator damage, and treating as necessary. Contractor shall repair and/or replace all damaged plants caused by rodents, disease, and/or insects. Badly damaged plants shall be removed or pruned to prevent spreading of the pestilence and replaced in kind if removed. Excessive foraging by predators may necessitate protective screening around plants. 801-6.2.6 Plant Replacement. Plants that show signs of failure to grow at any time, or which are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, shall be removed and replaced. Unless otherwise approved by the Engineer, the Contractor shall complete replacement of unsuitable plants within one week after notification. Replacement plantings shall conform to the species, spacing, and size requirements specified for the plants being replaced as indicated in the Specifications. Replacement plants shall be purchased from replacement stock inventory at a native plant nursery, as approved by the Engineer. Replacement plants shall be furnished and planted by the Contractor at Contractor's expense during the Maintenance and Plant Establishment Period. 801-6.2.7 Seed Replacement. Hydroseeded areas showing less than 50 percent germination coverage of desired native plant material at 60 days after installations or as determined by the Engineer, and showing no signs of vandalism or erosion (not due to excessive irrigation), will be reseeded by the Contractor at the Contractor's expense. Any reseeding necessary to improve sparsely covered areas will be conducted following the same procedures described in these Specifications. Such reseeding may be performed by hand broadcasting or hydroseeding as approved by the Engineer. 801-6.2.8 Watering / Temporary Irrigation. The Contractor shall maintain, repair, monitor and adjust the irrigation system as necessary and at the Contractor's expense to maintain a fully functioning irrigation system. Once seed and containerized or live staked material is in place, the Contractor will be responsible for supplying sufficient water to adequately germinate and establish the seed and support survival and growth of the containerized and live staked material. The frequency of irrigation will depend on plant health/vigor, soil moisture and the rate of evapotranspiration occurring between irrigation events. The irrigation schedule will be based on planting zones and related water needs of the plants. The following management scheme is recommended: Revision Date: 7/21/2016 SP 62 of 62 • Irrigate soil to full field capacity to the desired depth (approximately 18 inches during germination and seedling establishment and 18 to 24 inches during containerized and live stake plant establishment). • Initially keep hydroseeded areas moist, until seeded material has germinated. • Allow soil to dry down to approximately 50 to 60 percent of field capacity (in the top 6 to 10 inches after germination and during seedling establishment and 8 to 12 inches during plant establishment) before the next irrigation cycle. Wetting of the full root zone and drying of the soil between irrigation events is essential to the maintenance of the plants and the promotion of a deep root structure that will support the vegetation after establishment. A soil probe or shovel is useful to directly examine soil moisture and rooting depth. PART 9 SUPPLEMENTAL CONSTRUCTION MATERIALS AND METHODS SECTION 900 ---SUPPLEMENTAL CONSTRUCTION MATERIALS AND METHODS 900-1 RIPRAP FOR THE VEGETATED SOIL REVETMENT. This work shall consist of constructing the riprap pads for the Vegetated Soil Revetment consisting of facing class ('/<-ton) riprap over Class 2 backing, over Type A non -woven RSP fabric. This work includes, but is not limited to, excavation, dewatering if needed, placing riprap, and all materials as required. Installation of facing class rip rap shall comply with Caltrans Standard Specification Section 72- 2.02. and be placed in accordance with Method B placement criteria of Caltrans Standard Specifications Section 72-2.03. Type A non -woven RSP fabric shall comply with Caltrans Standard Specification Section 88-1.04 such as Mirafi 1100N or approved equal. Riprap slope protection fabric shall be placed, overlapped or stitched, and repaired in accordance with the manufacturer's recommendations and Caltrans Standard Specifications Section 72-2.025. Revision Date: 7/21/2016 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BIG CANYON RESTORATION PROJECT CONTRACT NO. C-8111-1 Appendix - OCSD Sewer Connection Std. Dwg. S-070 Revision Date: 7/21/2016 THE BELL ON THE COLLAR TEE SADDLE SHALL NOT BE ENCASED IN CONCRETE. TAP SHALL BE MADE AT THE APPROXIMATE CENTERLINE OF THE JOINT. ENCASE 12" EACH SIDE OF OPENING. 4bI A I Z J Q � ifl � 4000 PSI A (CLASS "A") CONCRETE ELEVATION ENCASEMENT SECTION A-A NOTE: SADDLE CONNECTIONS SHALL NOT BE MADE TO SEWERS LARGER THAN 8° I.D. AND WILL BE ALLOWED ONLY IN ORANGE COUNTY SANITATION DISTRICT REVENUE AREA NO. 7. ===- I r__ ---- 1— - -=Z= COLLAR TEE SADDLE (AS PROVIDED BY MANUFACTURER) NOTES: 1. THE CONTRACTOR SHALL SECURE THE COLLAR TEE SADDLE TO THE SEWER WITH AN EPDXY RESIN PROVIDED BY THE PIPE MANUFACTURER. 2. THE CONTRACTOR SHALL ENCASE THE SADDLE CONNECTION WITH 4000 PSI (CLASS "A") CONCRETE AFTER THE CONNECTION IS INSPECTED BY THE ENGINEER. 1 THE CONTRACTOR SHALL KEEP ALL CLAY CHIPS, DIRT, EPDXY, MORTAR AND CONCRETE OUT OF THE SEWER SADDLE, AND PERFORM A CLEANING AND BALLING OF THE SEWER, 4. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY DAMAGED PIPE AS DIRECTED BY THE ENGINEER. 5. SADDLE CONNECTIONS TO SEWERS 8" IN DIAMETER SHALL BE DONE BY CORE DRILL. MANGE COUNTY SANITATION DISTRICT SADDLE CONNECTION, NO SCALE MANGE COUNTY, CALIFORNIA REVENUE AREA STANDARDOWG. 66 ° SEVEN ONLY 5-070 NO. APpR VED DATE -nes=_. —ie