Loading...
HomeMy WebLinkAboutC-3636(B) - Semeniuk Slough Maintenance ProjectSeptember 12, 2018 Innovative Construction Solutions Attn: Hirad Emadi 4011 West Chandler Avenue Santa Ana, CA 92704 Subject: Semeniuk Slough Maintenance Project — C -3636(B) Dear Hirad Emadi: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 I 949-644-3039 FAX 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. 2017000389034. The Surety for the contract is Allied World Insurance Company and the bond number is S0013141. Enclosed is the Faithful Performance Bond. Sincer�ellyy,,, 4 Leilani I. Brown, MMC City Clerk Enclosure I*�:II 3r■:] CITY OF NEWPORT BEACH BOND NO. 50013141 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,533.00 , being at the rate of $ Scaled: $14.40 / $8.70 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to INNOVATIVE CONSTRUCTION SOLUTIONS hereinafter designated as the "Principal," a contract for: The work necessary for the completion of the price bid of this contract consists of cofferdam construction and dewatering a portion of the Semeniuk Slough ("Slough"); creating five (5) access points; excavating approximately 7,500 cubic yards of sediment from the City -owned portion of the Slough; and restoring the access points. The work also includes; 1) Excavating 1,100 cubic yards of material from the California Department of Transportation's ("CalTrans") adjacent storm drainage canal; 2) constructing and maintaining a temporary road within the dewatered channel bed to provide equipment access to the CalTrans storm drain headwall; 3) removing and hauling away 600 cubic yards of stockpiled material that shall be concurrently excavated by CalTrans from their adjacent storm drain culvert. All material excavated by the Contractor or CalTrans shall be hauled away from the project site and properly disposed at an off-site placement site selected by Contractor. Contractor is responsible for complying with any and all criteria and requirements for materials disposal including, but not limited to, laboratory testing of sediments to verify chemical and physical content and moisture content. The minimum amount of site preparation work shall be performed to create and maintain equipment access points to the work areas and restore them after use, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and ALLIED WORLD INSURANCE 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 Five Hundred Seventy Two Thousand. Eight Hundred Dollars and 00/100 ($1,572,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein INNOVATIVE CONSTRUCTION SOLUTIONS Page B-1 provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has bb/fn duly exe uted by the Principal and Surety above named, on the 7th day of N mber0 16 . INNOVATIVE CONSTRUCTION SOLUTIONS Name of Contractor (Principal) ALLIED WORLD INSURANCE COMPANY Name of Surety 199 Water Street, New York, NY 10038 Address of Surety 646-794-0500 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By:�� Aaron C, Harp (Ann uttulttf City Attorney re/Title Authorized Agent Signature Edward C. Spector, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED INNOVATIVE CONSTRUCTION SOLUTIONS Page B-2 ACKNOWLEDGMENT A notary public or other officer completing' ompleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (seal) otary public or other officer completing this SEE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT certi I e verifies only the identity of the individual who sign the document to which this certificate is attached, an of the truthfulness, accuracy, or validity of that doc ent. State of California County of ss. On before Notary Public, personally appeared proved to me on the basis of satisfactory e 'enc subscribed to the within instrument and ackno same in his/her/their authorized capacity(ies), an instrument the person(s), or the entity upon behalf instrument. e to be the person(s) whose name(s) is/are dged to me that he/she/they executed the C me, at by his/her/their signatures(s) on the of w the person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of California that the (seal) INNOVATIVE CONSTRUCTION SOLUTIONS Page B-3 CALIFORNIA ALL-PURPOSE 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 Los Angeles On NOV U 7 2016 before me, Bernadette Aleman, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/ker/tkeir authorized capacity(ies), and that by hisAief4heie signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lERNADETTEALEMAN 1 �' � COMM. #2I6224o �'_^- Notary Public • CaLfomia a x. .nom � "• % ? Los Angeles County ° M Comm, Ex ares Au . >, 2p20 1 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 i re of Notary Public pq ALLIED WORLD INSURANCE COMPANY E ALLIED 30 S. 17� St Suite V�p� ORLO Philadelphia', PA 19100 USA POWER OF ATTORNEY Issue Date: October 18, 2016 No. 265-A 1275 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company) does hereby appoint NAM Simone Gerhard KeAna D. Wapato Conrad Edward C. Spector FIRM: Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd., Suite 2600 Los Angeles, CA 90017 Its true and lawful Attomey(s) in-Fact, With full authority to execute on its behalf bonds, undertakings, recogmzances and other contracts of Indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above-referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD' INSURANCECOMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf. This 18th day of October, 2016 COKUOt 4,4-:flim or 12r NSVILIANIA NOTA.R1.4_0 SEAL FLIT ^Or Trip k,c U `o-p Palk Name. Robert Staples State of Pennsylvania Title: Senior Vice President -Surety ) County of Philadelphia )SS. On this 18th .day of October, 2016,. before me came the above-named officer OF ALLIED WORLD INSURANCE COMPANY, to me personally known to betheindrvidual.. x and officer described herein, and acknowledged that he executed the foregoing Notary instrument and affixed the seals of said corporation thereto by authority of his office. My Commission Expires: 08/05/2018 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"). on December 31, 2012: RESOLVED, that the pioperofficers of the Corporation, the head of the so" business line for the Corporation and Iheirappomted designees (each an'Autlhonzed Clime and cdlecaWy, Ilse °Authonzed Officers') be and each hereby is, aukrized to appoint orhe o-cr om Aftomeysan Fact to repesent and ad foraid on behalfofthe Corpora kinin the transaction of the Company's surety business to execom (under this common seal of the CoMmlim, dappmixta e) bards, undenalings moDgrizances and othercenhads of hndernnrlyand wri niasOblgatoryin the nature thereof. RESOLVED, that in conrheNon with the Corruptions transaction of surety business, the signatures and aftestations of the Au homed Officers and the seal of the CmPunlbn may be arxed to any such Power of Attorney or b any cemficam relating thereb by facsimile, and any such Power of Attorney or cedificam beating such faosimile signatures or facsimile seal shall be valid and binding upon the CoTtrration when so affixed with respect to any band, urdefaung, recognizance or otherconhact of indemnity or writing obligatory in the nature thereof. RESOLVED, that in mrmecton win the Dxpecalion's hansaddn of surety business, the facsimile a madreally reproduced signature of any Authorized Oficer, whether made herebfore or hereafter,: wfheeyerappaanrg upon a copy of any Power ofAtomeyof the Corporation, with signatures affixed as next above noted, shall be valid and binding upon the Corporation with he same fares and elect as. taugtfmanuallyalfxed. RESOLVED, that h correction with the Ca7nmtm's transaction of surety business, any such Aflomey-irvFacl delivering a secretanal or other certification that the foregoing resolutions still be in elcet may meed in such certification the date thereof, said date to be not later than the date of delivery thereof by Such Attorney-in-Fact. RESOLVED, Ihat the Authorized Officers be, and each hereby is, authonzed to execute (under the common seal of the Corporation, if appropriate) make file and deliver in the name and on behalf of the Coiporaan any and all consents, cedillums, agreements, amendments, supplements; Instruments and other documents whatsoever, and do any and all other things whatsoever in connection with the Corporation's hanszcfion of surety business, as such Authorized Officer shall in his a her absolute disaeton deem or determine appropriate and any of the foregoing ,resolutions, the Iransa Loris contemplated thereby and any ancillary matters thereto ardor to carry out the purposes and intent thereof, such dawning or determination to be conclusively evidenced by anysuch execution Or the taking of any such adlon by such Authorized Officer. I, Daniel Zharkovky, Secretary of he. ALLEID WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Di eclors of this corporation, and the Power of Attorney issued pursuant hereto, are he and correct and that both the Resolution and tha Power ofAttorney am in to force and eled IN WITNESS WHEREOF, Ihave hereunto set my hand and affixed the facsimile seal of the cerpaater, this_ day ONGIV ® O %20I6 20 Daniel Zharkovky, AVP, Assistant General Counsel SUR 00046 00(05/2016) November 17, 2017 Innovative Construction Solutions Attn: Hirad Emadi 4011 West Chandler Avenue Santa Ana, CA 92704 Subject: Semeniuk Slough Maintenance Project C -3636B Dear Mr. Emadi: CITY" OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx 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. 2017000389034. The Surety for the bond is Allied World Insurance Company and the bond number is 50013141. Enclosed is the Labor & Materials Payment Bond. Sincerely, h R Leilani I. Brown, MMC City Clerk Enclosure Premium: Included in Cost EXHIBIT A of Performance Bond. CITY OF NEWPORT BEACH BOND NO. S0013141 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to INNOVATIVE CONSTRUCTION SOLUTIONS hereinafter designated as the "Principal," a contract for: The work necessary for the completion of the price bid of this contract consists of cofferdam construction and dewatering a portion of the Semeniuk Slough ("Slough"); creating five (5) access points; excavating approximately 7,500 cubic yards of sediment from the City -owned portion of the Slough; and restoring the access points. The work also includes: 1) Excavating 1,100 cubic yards of material from the California Department of Transportation's ("CalTrans") adjacent storm drainage canal; 2) constructing and maintaining a temporary road within the dewatered channel bed to provide equipment access to the CalTrans storm drain headwall; 3) removing and hauling away 600 cubic yards of stockpiled material that shall be concurrently excavated by CalTrans from their adjacent storm drain culvert. All material excavated by the Contractor or CalTrans shall be hauled away from the project site and properly disposed at an off-site placement site selected by Contractor. Contractor is responsible for complying with any and all criteria and requirements for materials disposal including, but not limited to, laboratory testing of sediments to verify chemical and physical content and moisture content. The minimum amount of site preparation work shall be performed to create and maintain equipment access points to the work areas and restore them after use, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, ALLIED WORLD 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 Five Hundred Seventy Two Thousand Eight Hundred Dollars and 00/100 ($1,572,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts INNOVATIVE CONSTRUCTION SOLUTIONS Page A-1 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 at seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has be execu ed by the above named Principal and Surety, on the 7th day of P.Mh r , 20is . INNOVATIVE CONSTRUCTION SOLUTIONS IP V E -"- I : ice{)[+ Name of Contractor (Principal) ALLIED WORLD INSURANCE COMPANY Name of Surety 199 Water Street, New York, NY 10038 Address of Surety 646-794-0500 Telephone APPROVED AS TO FORM: CITY ATTPRNEY'S OFFICE Date: By: ZX\lUt Aaron C. Harp wA t%1%N.11V City Attorney nature/Title Authorized Agent Signature Edward C. Spector, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED INNOVATIVE CONSTRUCTION SOLUTIONS Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (seal) A ary public or other officer completing this certifica verifies only the identity of the individual SEE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT who signed document to which this certificate is attached, and the truthfulness, accuracy, or validity of that docum State of California County of ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evide-nbeto be the t subscribed to the within instrument and acknowledg to me same in his/her/their authorized capacity(ies), and that byhi instrument the person(s), or the entity upon behalf of which th instrument. arsonts/ wnose namets/ Is/are that he/she/they executed the /her/their signatures(s) on the ,person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) that the INNOVATIVE CONSTRUCTION SOLUTIONS Page A-3 CALIFORNIA ALL-PURPOSE 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 Los Angeles On NOV U 7 2016 before me, Bernadette Aleman, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his"i„_eBlt eif authorized capacity(ies), and that by his/her/tkeir 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 aINO ERNAOETTE ALEMAN State of California that the foregoing paragraph is true and correct. OMM. #2162246 Zotary Public • California oLos Angeles County WITNESS my hand and official seal. Cann. ex 'res Au . 7, 2020 i Signature re of Notary Public AALLIED " WORLD ALLIED WORLD INSURANCE COMPANY 30 S. 171° St, Suite 1600 Philadelphia, PA 19103 USA POWER OF ATTORNEY Issue Date: October 18, 2016 No. 265-A 1276 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company') does hereby appoint NAME(s): Simone Gerhard KeAna D. Wapato-Conrad. Friwarrl r Cnort..r FIRM: Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd., Suite 2600 Los Its true and lawful Attomey(*in Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other Contracts of indemnity and writings obligatory in the nature thereof, issued In the course of Its business, and to bind the Company thereby, This Power of Attorney shall remain in full force and effect for one year from the issued date above referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE Cl duly authorized and empowered to execute on the Companys; This 18th day of October, 2016 - q State of Pennsylvania ) County of Philadelphia )Ss. On this 18th: day of. October, 2016;: before me came the above-named officer of ALLIED WORLD INSURANCE COMPANY, to me personally known to bathe Individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporation thereto by authority of his caused these presents to be executed by the officer named below, who is TN6LhNut V4.4ia i,{ i! AR,A4 SEAL ""7 BfE,t1 Nut Ftp li( 04=naN"4.�1-qr NameRobert E. Staples Title: Senior Vice President - Surety i Notary My Commission Expires: 08/05/2018 CERTIFICATE of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"), on December 31, 2012 RESOLVED, Nat the proper officers of the Corporation, the head of the surety business line for the Corpom er, and their appointed designees (each an 'Authorized Officer and collectively, the -Authorized Officerrs) be, and each hereby is au111=01 to appoint one a more Ammeyrs in -Fact to represent and ad for and on behaffofthe Corporation in he transaction of he Companys sdrely business 10 execute (under thecanrch seal of the CorPOnshon, Ifaffiesn ale)bards, undertakings mongimanees and Other contracts ofuxlernnity and wrings obligatory in Nenalof hereof RESOLVED, that in connection with he Corporations transaction of surety business the signatures and attestations of the Authorized Of and the seat of the Corporation may be affixed to any such Power of Attorney or fo any certificate misting thereto by facsimile, and any such Power of Atlomey or car0ate hearing such facsimile signatures or facsimile seal shall be valid and binding upon he Corporation when so affixed win respect to any bond, undertaking, recognizance archercondacl of indemnity or wring obrgaiay in the nature thereof. RESOLVED that in connection With the Corporatists transaction of surety business, the facsimile or mechanically reproduced signature of any Authorized Othcer, whether made heretofore or hereafter, whereverappeanrg upon a copy of any Power of Atlomey of the Corpaatnn, wth signatures affixed as next above rioted, shall be valid and Undi g upon the Corporation with be same throe and effect as though'mamally alflxed. RESOLVED, that to onnection with the Corporation's transaction of surety business, any such AffomeyEn-Facl delivering a erosional or other certhm m that the foregoing resolutions still be to effect may insert N such ceNficalion the date hereof, said date to be not lata than the date of delivery thereof by such Affomey-m-Fact. RESOLVED that the Auiferzed Officers be, and each hereby is, authorized to execute (under the common seal of the. Corporation,. if appropriate) make, he and deliver In he name and on behalf of the Corporation any and all oonsents, ceNficafes, agreements, amendments, supplements, Instruments and other documents whatsoever, and do any and all other Kings whatsoever in connection with the Corporation's transaction of surety business, as such Aulhorizetl Officer shall in his or her absolute disaetlon deem or determine appropdafe and any of the foregoing resolutions, the transactions conlemplated thereby and any ancillary matters thereto and/or to carry out the purposes and intent thereof, such deeming or determination to be conclusively evidenced by any such execution or the taking of any such action by such Authorized Officer. 1, Daniel Zharkovky, Secretary of the ALLEID WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power ofAflomey issued pu suanNhersto, are Due and correct, and that both the Reschdan and he Pma NOVfAft T ylyip 611 face and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of Inc corporation, this _day of NN lulf3 Zp Daniel Zharkovky, AVP, Assistant General Counsel SUR 00046 00(05/2016) Document -3948723 -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 IIIIIII111111111111111111111111111111111111111111111111111111111111111 NO FEE *$ R 0 0 0 9 5 5 B 1 3 4$* 2017000389034 2:34 pm 09113117 90 SC5 N72 7 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 Innovative Construction Solutions, Santa Ana, California, as Contractor, entered into a Contract on October 25, 2016. Said Contract set forth certain improvements, as follows: Semeniuk Slough Maintenance Project C -3636B 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 Allied World Insurance Company. BY / zl�k Public Works 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 d�Fl� f at Newport Beach, California. BY 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 Innovative Construction Solutions, Santa Ana, California, as Contractor, entered into a Contract on October 25, 2016. Said Contract set forth certain improvements, as follows: Semeniuk Slough Maintenance Project C -3636B 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 Allied World Insurance Company. -7)�ZBY Public Works 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 !t'i1v11✓at Newport Beach, California. JIM PORT CITY OF F SEW O � NEWPORT BEACH C��FOR�P City Council Staff Report September 12, 2017 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb(@_newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer, rstein@newportbeachca.gov PHONE: 949-644-3322 TITLE: Semeniuk Slough Maintenance Dredging Project — Notice of Completion for Contract No. 3636B (Project No. 15X17) ABSTRACT: On October 25, 2016, City Council awarded Contract No. 3636B to restore flood conveyance capacity in Semeniuk Slough to Innovative Construction Solutions (ICS) of Santa Ana, California. The work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On October 25, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (H) (Minor Alterations to Land); b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one (1) year after the acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expensed from the following accounts: Account Description Tidelands Maintenance Caltrans Contributions Account Number 10001-980000-15X17 13501-980000-15X17 Total: Amount $1,285,400.00 300.000.00 $1,585,400.00 8-1 DISCUSSION: Semeniuk Slough Maintenance Dredging Project — Notice of Completion for Contract No. 3636B (15X17) September 12, 2017 Page 2 Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $1,572,800.00 $1,585,400.00 10% or less +0.8% +0.8% - Allowed Contract Time + 120 Actual Time 25 Approved Extensions (days) = Under (-) or Over (+) The work necessary to complete this contract consisted of constructing a temporary sheet pile cofferdam across the channel at the north end, dewatering the channel, removing 9,600 cubic yards of sediment from the slough which included 1,100 cubic yards of sediment removed from the portion of the slough owned by Caltrans, removing the cofferdam, installing native vegetation in disturbed areas, reinstalling fencing, and restoring the access gravel road (Note that Caltrans elected not to perform any sediment removal at this time from its 14 -foot wide culvert as originally anticipated). The public portion of the Semeniuk Slough has now been restored to its original depth of three feet below the Mean Lower Low Water and the contracted work has now been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows: Original Bid Amount: Actual Cost of Bid Items Constructed: Total Change Orders: $1,572,800.00 $1,585,400.00 $ 0.00 Final Contract Cost: $1,585,400.00 The actual cost of bid items constructed was $12,600.00 more than the original bid amount due to actual amount of sediment removed. A summary of the project milestones is as follows: Estimated Start of Construction per Annual Baseline Schedule 10/3/16 Actual Start of Construction Per Notice To Proceed 12/27/16 Extended Contract Completion Date Inclusive of Extra Work 4/26/17 Actual Substantial Construction Completion Date 4/1/17 The project was substantially complete as of April 1, 2017. The contractor completed its 60 -day plant maintenance requirements on July 31, 2017. 8-2 Semeniuk Slough Maintenance Dredging Project — Notice of Completion for Contract No. 3636B (15X17) September 12, 2017 Page 3 ENVIRONMENTAL REVIEW: At the October 25, 2016 City Council meeting, the project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (H) (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Location Map 8-3 e 0 125 Oso Feet Pf Cofferdamn Location Additional Excavation by City Contractor as feasible Base Project by City Contractor Box Culvert Excavation by Caltrans Caltrans Area Excavated by City Contrator Semeniuk Slough Award City of Newport Beach GIS Division September 12, 2016 8-4 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 13th day of October, 2016, at which time such bids shall be opened and read for SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B $ 1,500,000.00 Engineer's Estimate Approved b _A06dr4k"— Niark Vukoje is City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy drawings are available from Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Bob Stein, Project Manager at (949) 644-3322 City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)..................::...............................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NONCOLLUSION AFFIDAVIT..................................................................... 15 DESIGNATION OF SURETIES...................................................................... 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................17 ACKNOWLEDGEMENT OF ADDENDA.......................................................................19 INFORMATION REQUIRED OF BIDDER.....................................................................20 NOTICE TO SUCCESSFUL BIDDER...........................................................................23 CONTRACT..................................................................................................................24 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 SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) 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 (UNE 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, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 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. As a balanced bid gives the City the best assurance that the bid will result in the lowest ultimate cost to the City, lump sum and unit bid items should reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. Each element of the bid must carry its proportionate share of the total cost of the work plus profits. The City will evaluate bid items for reasonable conformance with the engineer's estimate and other bids received. Unbalanced bids will be deemed non-responsive. 8. 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. 9. 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. 10. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seg, of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 11. 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)]. 12. 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. 13. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 14. 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. El 15. Bidders are required to attend a mandatory pre-bid meeting that will be held at Crystal Cover Meeting Room (Bay 2D) in City Hall on Wednesday, October 5, 2016 from 9:00 AM to 10:00 AM. The bidder's company officer, proposed superintendent and/or construction manager are required to attend. FAILURE TO ATTEND THE PRE-BID MEETING WILL RESULT IN DISQUALIFICATION AND REJECTION OF THE BIDDER'S BID PROPOSAL. The signature below represents that the above has been revi 764815 Contractor's License No. &Classification AuthignaturelTitle 100003958 10/12/2016 DI Reference Number & Expiration Date Date Innovative Construction Solutions Bidder 5 City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the total amount bid Dollars ($ 10% of the total bid), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SEMENIUK SLOUGH MAINTENANCE PROJECT, Contract No. 36368 in the City of Newport Beach, is accepted by'the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 10th day of October 2016. Innovative Construction Solutions V&: 11�4rl.le.4— Name of Contractor (Principal) Authorized SignaturelTitle Allied World Insurance Company Name of Surety 199 Water Street New York, NY 10038 Address of Surety (213)630-3200 Telephone C11�CV_L> Authorized Agent Signature Edward C. Spector, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 CALIFORNIA ALL-PURPOSE 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 Los Angeles On OCT 1 0 2016 before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/w subscribed to the within instrument and acknowledged to me that he/she/may executed the same in his/ /tom authorized capacity(iee), and that by his/ /tai€ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. iwan^=^f'AAl 7fiAt; r +n 0 -,'2z - Commission # 2107456 z z \`Notary Public - California i zLos Angeles County k1y nomm. Expires May 15,, 200;1, 9j 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 AYA—i Signature of Notary Public Allied World Surety AMJ, Division of Allied World Insurance Company 30 S. 17'x" St., Suite 810 Philadelphia, PA 19103 POWER OF ATTORNEY Issue Date: March 23, 2016 No. 265-A1262 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company) does hereby appoint NAME(s): Simone Gerhard KeAna D. Wapato-Conrad Edward C. Spector FIRM: Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd., Suite 2600 Los Angeles, CA 90017 Its true and lawful Attomey(s)-in-Fad, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf. This 23rd day of March, 2016+ *^. f E Nim 'rt K ME}.CI E?H K Notary Pupir City of phdanelpi ph01 P- jrm� liy C?Tirfiraion crr•r,.r:,ty,!f xg+): Title: Senior Vice President - Surety State of Pennsylvania ) County of Philadelphia )sS. On this 23rd day of March, 2016, before me came the above-named officer of ALLIEDj�-".1 WORLD INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporation thereto by authority of his office. Notary My Commission Expires: 08/05/2018 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"), on December 31, 2012: RESCLVED, that he proper offaxrs of the Corpomtirn, the headof the surety business fine for the Corporation aryl -the rappointed designees teach an 'Authorized Officer and colledively, the "Authorized Oficerl be, and each hereby is authorized to one or alAltomaysln-Fadto.repnNeartand act for and on banal ofthe Cordo ion in1fro transaction of he Coni surety banessto execute (under the common seal of the Corporation, if appropriate) bonds, undertakings, mcogmzances and othercontracs of indemnity and writings obligarory in the nature thereof RESOLVED, that in connection with the corpomtion's transaction of surety business, the signatures and aftestaticns of the Authorized Officers and the seal of the Corporatist may be affixed to any such Power of Attorney or to any cedlfpale relating thereto by facsimile, and any such Power of Afromey or ca ificete basting such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when an affixed with respect to any bond, undertaking, recognizance or other contract ofindemnilyorwriiing obigatory in the nature thercof- RESOLVED, that in connection wth the Corporation's transaction of surety business, the facsimile or mechanically reproduced signature of any Authorized Officen whether made hemtcfore ar hereafter, wherever appealing upon a copy of any Power of Attomey of the Corporation, with signatures affixed as next above noted, shaft be vald and binding upon the Corporation with the same tome and effect as Brough manually affixed. RESOLVED, that in comectim wlh he Corporates Uansactbnofsurety business, any such Attomey+n- dicing a secretarial or other certificaban that the foregoing resolutions still be in effect may insert in such cerhficaron the datethereot said dale to be not later than the date of delivery thereof by such Aftomey-tin i, RESOLVED, that theAuff-iOfficers be, and each hemby is, authorized to execute (under the common seal of the Corporation, if appropriale), make, file and deliver in the name and on behalf of the corpomtlon any and all consent, certificates, agreements, amendments, supplements, Instruments and other documents whatsoever, and do any and all other things whatsoever in connection with the Corporation's Imnsaefion of surely business, as such Authorized Officer shall in his s her absolute discretion team or determine appropriate and any of the foregoing resdutions, the transactors contemplated thereby any ancillary matters thereto and/or to carry out the purposes and intent thereof, such deeming ordetemtinationto be conclusively evidenced by my such execution ar the taking or any such action am, hAuthorized Officer. I, Timothy J. Curry, Secretary of the ALLIED WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of th is corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. ((1� ((''7 1 C IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation, this_dirybfi 1 0 2016 20_ J Timothy J. Curry, Secretary SUR 00046 00(3/2013) City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B 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 formulating the bid for the project and that these suboWraZc ors 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: Marina Landscape, Inc Address: 3707 W. Garden Grove Blvd. 11 Landscape 2% Orange, CA 92868 Phone: (714) 620-7285 State License Number: 492862 DIR Reference: 1000000079 Email Address: info@marinaco.com Name: Address: Phone: State License Number: - DIR Reference: Email Address: Name: Address: Phone: State License Number. DIR Reference: Email Address Innovative Construction Solutions V < Bidder A o ize Signature/Title City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formal Please print or type. Bidder's Name Innovative Construction Solutions The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, and has examined the Drawings and Special Provisions. The Bidder must demonstrate that the company has, as a minimum, successfully completing at least three (3) projects in the past ten years with original contract amounts of at least $500,000 each project involving excavation, removal, and disposal of low strength, wet, fine grained marsh and estuarine sediment where use of low ground pressure and/or amphibious earth moving equipment was used. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER SHALL BE CONSIDERED NON- RESPONSIVE. FAILURE OF THE BIDDER TO HAVE THE NECESSARY MINIMUM TECHINCAL ABILITY AND EXPERIENCE AS DEFINED ABOVE SHALL BE CONSIDERED NON-RESPONSIVE. Provide the following information for all projects you have worked on in the last five (5) years whose original contract amounts were at least $500,000 each. You may list projects in the past ten years in order to demonstrate the minimum experience stated in the first paragraph. No. 1 Project Name/Number Lagoon Backfill and Removal Action Interim Measures Work Plan Filled an existing lagoon, excavated & disposed of contaminated soil & sediments, dried the sediments with Project Description cement, & disposed of the dried sediments. Demolition of existing pump facilities, modification of an existing fence & installation of a Approximate Construction Dates: From July 2013 Agency Name General Chemical To: November 2014 Contact Person Rob Savarese Telephone (973) 515-0900 Original Contract Amount $2,916,671.22 Final Contract Amount $ 2,916,671.22 If final amount is different from original, please explain (change orders, extra work, etc.) 10 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. N/A 11 No. 2 Project Name/Number Bolsa Chica Lowlands Remediation 2015 Transported & disposed over 3,100 tons of soil. Construction was performed outside of nesting season to Project Description comply with required endangered species BMP measures. Approximate Construction Dates: From January 2015 March 2015 Agency Name Califomia Resources Corporation Contact Person Christopher Kolar Telephone (562) 797-0509 Original Contract Amount $ 573,500.0o Final Contract Amount $ 581.100.00 If final amount is different from original, please explain (change orders, extra work, etc.) The change in the amount is due to a change order. 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. N/A No. 3 Project Name/Number Bolsa Chica Lowlands Remediation 2014 Remediation of petroleum hydrocarbon & drilling mud impacted soil to include dewatering, excavation, Project Description soil mixing/shoring, backfill, loading, transportation & disposal to approved disposal facilities. Approximate Construction Dates: From January 2014 To: March 2014 Agency Name Glenn Springs Holdings, Inc. Contact Person Rick Passmore Telephone (859) 221-7616 Original Contract Amount $1,269,825.00Final Contract Amount $ 1,269,825.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 12 No. 4 Project Name/Number Holly St-101 East West Channel Sediment Removal Ca or en angere I aLUcaLIUI I, mvvv an installation, cons ruc ion o sl a access, dewatering dams & diversion, clear & grab. Excavation of 8,000 cy of sediment, load, transport, and disposal of sediment. ICS Project Description regraded the channel torn ov'de posit'vp flow and capacity increase Coir mat hydrncwed R planting was performed at the end so that the are retained its natural appearance. Approximate Construction Dates: From August2015 Agency Name City of San Carlos Contact Person Kaveh Forouhi To: October 2015 Telephone (650) 802-4207 Original Contract Amount $1,495,645.0 Final Contract Amount $ 1,495,645.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 5 Project Name/Number Senador Mine Restoration Removal of historic mercury mine waste; including mercury enriched soil and calcine remnant materials. Project Description Graded to create stable banks, disposed of contaminated soil, re -graded the slopes, re -vegetation & Approximate Construction Dates: From June 2016 To: September 2016 Agency Name County of Santa Clara Parks and Recreation Department Contact Person Tom McLaughlan Telephone (408) 355-2209 Original Contract Amount $1,045,821.00 Final Contract Amount $1,050,683.00 If final amount is different from original, please explain (change orders, extra work, etc.) The change in the amount is due to change orders. 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. N/A 13 No. 6 Project Name/Number Vasona creek Restoration Phase 2 Recontoured the channel, installed boulder weir steps, augmented creek bed substrate & bank filling to protect the root systems of riparian oaks. Project Description Approximate Construction Dates: From August 2016 Agency Name West Valley Mission Community College. District Contact Person Elizabeth Witt To: October 2016 Telephone (408) 741-2187 Original Contract Amount $482,540.00 Final Contract Amount $ 482,540.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. W//A 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 t Contractor's current financial conditions. Innovative Construction Solutions " President Bidder A razed Signature/Title 14 nnovative onstruction oiutions IM41M1• Project Manager EDUCATION PROFESSIONAL SUMMARY MBA, Marketing, Santa Clara Mr. Keith Dorsa has more than 40 years of extensive experience in University, Santa Clara, CA, 1978 managing projects encompassing earthwork, civil and geotechnical as, Commerce, Santa Clara construction and environmental remediation. He has managed multi - University, Santa Clara, CA 1975 million -dollar projects for water districts, public works and parks and recreation departments, sanitation districts, and school districts CERTIFICATIONS/ throughout California. Prior to ICS, Mr. Dorsa operated his own TRAININGS environmental remediation construction company for 23 years. His General Engineering Contractor project experience includes: Hazardous Substance Removal Certificate Demolition License Asbestos Certificate OSHA 40 -Hour Health and Safety Training (29 CFR 1910.120) OSHA 8 -Hour Supervisor Training (29 CFR 1910.120) Cal/OSHA 8 -Hour Trenching and Excavation Competent Person 8 (CCR 1541.1) • Creek Wetlands Construction • Channel and Excavation Dewatering • Rip Rap and Rock Slope Installation • Tidal Influenced Projects • Grading and Paving PROJECT EXPERIENCE • Environmental Remediation • Hazardous Waste Transportation and Disposal • Excavation Shoring Systems • Onsite Soil Treatment • Vapor Extraction Systems • Demolition • Landfill Remediation OSHA 10 -Hour Construction Safety Channel Capacity Enhancement Along Line K, Alameda County Flood and Health Control and Water Conservation, Oakland, CA CERCLA/SARA 40 -Hour Hazardous Senior Project Manager for the Line K channel enhancement project Trained and Certified Trainer located adjacent to the Oakland Coliseum. The scope of work included Certified in Respirator Training preparing and implementing a water pollution control plan, installing First Aid/CPR Trained and removing steel sheet pile cofferdam, installing and maintaining SWPPP BMPs including floating debris boom, excavating and disposing of man-made buried objects and Class II sediment, and restoration including hydroseeding. Some work was performed during the graveyard shift so that construction activities would not disturb the Oakland Coliseum event goers. Vasona Creek Restoration Phase 1, West Valley Community College, Saratoga, CA Senior Project Manager for the reconstruction and recontouring of the Vasona Creek which runs across a community college campus. This restoration project involved clearing and grubbing invasive plant species, installing SWPPP BMPs, dewatering/creek diversion, excavating 30,000 cubic yards of material, constructing the native wetlands, installing vegetative soil lifts, rip rap, and native plant species. With school in session, the project required detailed traffic management as well as truck management and extensive interaction with the State of California Department of Fish and Wildlife. Technical Expertise, Practical Experience www.icsinc.tv KEITH DORSA Project Manager Belmont Creek at Holly Street 101 East West Channel Sediment Removal, City of San Carlos, San Carlos, CA Senior Project Manager for the excavation of 8,000 cubic yards of channel sediment. The non -hazardous material was loaded, transported and disposed of to an offsite waste facility. The project called for endangered species relocation, installation of SWPPP measures, installation of gravel cofferdams, construction of the site access, dewatering dams and diversion, and clearing and grubbing. Regrading of the channel was done to provide positive flow and increase the capacity of the channel. Final restoration activities included hydroseeding and planting in a manner that retained the creek's natural appearance. Senador Mine Restoration, County of Santa Clara Parks and Recreation Department, San Jose, CA Senior Project Manager for the removal of historic mercury mine waste located in the Almaden Quicksilver County Park. The waste included mercury enriched soil and calcine remnant materials. Work included grading to create stable banks, regrading the slopes, revegetation, and hydroseeding. Jacques Gulch Reconstruction, Santa Clara Valley Water District, San lose, CA Senior Project Manager for the reconstruction of Jacques Gulch. This project involved creation of new project access points, excavation of approximately 15,000 cubic yards of mercury calcine material from Jacques Gulch and Mine Hill Creek, transportation and placement into the uphill consolidation site formerly operated by Almaden Quicksilver Mining Co., and import and placement of approximately 10,000 cubic yards of select imported fill material to create new channels and uplands areas. Additionally, approximately 3,000 cubic yards of clay cap material were imported and placed at the consolidation site, and construction of several in stream structures was completed using on-site woody materials, ''/<tons rip rap, gabions and geo-cell materials. Shoring, removal, and disposal of existing 84 - inch arched corrugated metal pipe underneath Alamitos Road also took place, and new 84 -inch reinforced concrete pipe was installed underneath Alamitos Road. Extensive dust control, air monitoring and noise monitoring were implemented to minimize home owner impact from the mercury impacted soil. Watson Park Remediation, City of San Jose, San Jose, CA Senior Project Manager for the excavation and remediation of 6,000 cubic yards from a former hazardous waste landfill in the City of San Jose. Burn ash from the incinerator contained hazardous levels of heavy meatless, PNAs and hydrocarbons and were discovered during construction of a skate board park. Materials of concern extended into residences and a school surrounding the park. The scope of work included: site clearing, construction of haul roads, construction of a receiving cell, excavation and remediation of 6,000 cubic yards of hazardous soil, subgrade compaction, installation of top soil backfill and site restorations. The majority of the work was performed around the activities of the residents and weekends to minimize the impacts on the neighborhoods in question. Technical Expertise, Practical Experience www.1csinc.ty nnovative onstruction olutlons CERTIFICATIONS/ TRAININGS 40 -Hour OSHA Health and Safety Training (29 CFR 1910.120) Annual 8 -Hour OSHA Health and Safety Refresher 8 -Hour OSHA Supervisor Training (29 CFR 1910.120) Confined Space Entry Training American Red Cross CPR/First Aid Certified OSHA Competent Person Training PROFESSIONAL SUMMARY Mr. Ford has over 37 years of general construction experience including soil remediation and utility construction experience on high profile projects. He has participated in the installation of HDPE and PVC piping systems, groundwater pump and treat systems, soil vapor extraction systems; soil remediation by excavation, loading, transport and disposal, and demolition projects throughout Southern California. Mr. Ford is also an accomplished heavy equipment operator, ranging from rubber -tired backhoes, excavators, and loaders. PROJECT EXPERIENCE AREAS OF EXPERTISE Bolsa Chica Wetlands Soil Excavation and Remediation 2016, Environmental Remediation California Resources Corporation, Huntington Beach, CA Contaminated Soil Remediation Superintendent during the shoring, excavation and backfill activities at UST/AST Cleaning & Demo Cell 0 — CAR -111A during the 2015/2016 remediation season. The Decontamination Operations shoring consisted of interconnected sheet piles driven to the design Bioremediation depth of 30 feet to form the outline of the Cell 0 Excavation Area. Mr. Hazardous Materials Management Ford led the successful installation of the sheet pile shoring system Structure Demolition system, which was supported and braced by a waler and strut system Mass Grading installed at the upper 1 foot of the sheet pile wall, as designed. The Trenching installation of the shoring system was to protect -in-place adjacent Heavy & Lite Equipment Operation active, high-pressure fuel pipelines during the excavation of Cell 0. To minimize vibration and mitigate potential issues with the adjacent General construction pipeline, the sheet piles were installed using the Giken Method. Under Mr. Ford's supervision, excavation was performed using a standard excavator and ground stabilizing swamp mats for wet/soft soil conditions. As a dewatering method, sump areas were established to collect water intrusion which were then pumped to another location, thus, allowing excavation activities to continue uninterrupted. Excavated soil was stockpiled and picked up by a second excavator to direct -load the soil into transport trucks. Excavated area were them backfilled and compacted. Excavation of Cell 0 was executed in three sections to achieve excavation and backfill within 5 consecutive working days. Visqueen was installed to prevent cross contamination between adjacent sections. Mabey Mats were utilized to ensure stability for heavy equipment and to travel over impacted zones. All ICS personnel utilized PID meters to monitor the volatile organic emissions for both health and safety and Rule 1166 monitoring. Bolsa Chica Wetlands Soil Excavation and Remediation 2014, California Resources Corporation, Huntington Beach, CA Superintendent during the excavation and remediation of seven areas of concern within Cells 22 and 23, and six areas of concern within Cell 34 at the Bolsa Chica Lowlands portion of the wetlands during the 2014 fall/winter season. Utilized Mabey mats in an innovative method to stabilize paths as traveling Technical Expertise, Practical Experience www.icsinc.ty DAN FORD Superintendent through the wetlands posed a challenge for heavy equipment. Supervised the daily excavation, loading, and hauling activities throughout the duration of the project. Approximately 7,000 tons of impacted soil was excavated from Cells 22 and 23. Once sampled and tested, impacted soil was loaded into transport trucks and hauled to an approved landfill for proper disposal. Soil excavated from Cell 34 was stockpiled for subsequent sampling and testing. Project activities were conducted during the fall/winter season to avoid the bird nesting season. Landfill Gas Recovery and Treatment System, City of Newport Beach, CA Superintendent for the construction of a large-scale landfill gas (methane and hydrogen sulfide) recovery and treatment system. Construction involved over 5,000 feet of pipeline installation (8 -inch HDPE) at an abandoned landfill and adjacent to a condominium housing complex. The system included installation of four condensate recovery sumps. The condensate was piped to a new sanitary sewer manhole connection using 2 -inch HDPE. The treatment compound installation included liquid ring blowers, custom fabricated moisture separators, and sulfatreat and activated carbon adsorption vessels. The treatment system was installed within a new block wall building. The building was equipped with methane gas and hydrogen sulfide sensors and wireless remote warning system. ICS provided all control panels, alarms, instrumentation, and new 100 -amp electrical service. Project Foreman, Former Raytheon Aerospace, Newport Beach, California Superintendent for the complete demolition of a 3 -story 90,000 square foot Research & Development building and the subsequent excavation of 54,000 tons of volatile organic compound and hydrocarbon impacted soil near an active high-end technology business and medical park complex in Newport Beach, California. Mr. Ford was involved the coordinated demolition and backfill activities conducted in order to make way for a new parking structure to handle overflow parking at a Southern California hospital campus. Upon completion of the soil excavation activities, Mr. Ford was in charge of the rough and fine grading of the future 90,000 sq.ft. building footprint for the new parking structure. Backfill and compaction was completed under the direction of a soils engineering firm and once completed, new footings were excavated in preparation of steel and concrete construction. Large -Scale Bioremediation at Former Bermite Facility, Meggit-USA, Santa Clarita, CA Superintendent for the construction of the bioremediation treatment compound, including 48 treatment cells and pad, pug mill pad, and 1.2 -million -gallon retention basin. The scope of work involved mass grading on a 1,000 -acre site contaminated with perchlorate, metals, UXOs, and VOCs. Responsibilities included scheduling, hiring, ordering of equipment, managing all daily field activities, supervising a crew of 15 operators and technicians, coordinating with four subcontractors, interfacing closely with the client. Project Foreman, Former Manufacturer, Irvine, California Project Forman for the excavation, loading of impacted soil, clean overburden, and transportation and disposal of impacted soil and water. Assisted in the implementation of using a pre-screening and pugmill treatment plant, mixing of soil with ZVI (soil processing was by Soil Mixing Services Inc.). The augmented soil was placed and compacted within the excavated area as a barrier prior to placement of clean fill and restoration of the excavation area. All disturbed areas were rough graded and hydroseeded to re- establish native vegetative growth. Technical Expertise, Practical Experience www.icsinc.tv City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B NON -COLLUSION AFFIDAVIT State of California ) County of Orange 1 Hirad Emadi being first duly sworn, deposes and says that he or she is President of Innovative Construction Solutions the party making the Foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay, any fee to any corporation, partnership, company association, organization, bid deposi o a member or agent thereof to effectuate a collusive or sham bid, I declare under penalty of perjury of the laws of the State f alifornia thafie fore is true and correct. Innovative Construction Solutions President Bidder Autho 1 Signaturerritle Subscribed and sworn to (or affirmed) before me on this 11th day of October 2015 2016 by Monique Stefanovic , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL) MONIOUE ANTOINETTE STEFANOVIC Commission s 2067632 - Notary Public • California Orange County MY Comm Espaes Apr 18, 2018 15 Notary PuW My Commission Expires: City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B DESIGNATION OF SURETIES Bidder's name Innovative Constrcution Solutions 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): Aon Risk Insurance Services West, Inc - (213) 630-3200 707 Wilshire Blvd., Suite 2600, Los Angeles, CA 90017 Allied World Insurance Company - 30 S. 17th St., Suite 810, Philadelphia, PA 19103 Barney & Barney,a Marsh & McLennan Insurance Agency -(949)540-6947 101 Enterprise, Suite 330, Aliso Viejo, CA 92656 16 City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Innovative Construction Solutions 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. 17 Current Record Record Record Record Record Year of for for for for for Record 2015 2014 2013 2012 2011 Total 2016 No. of contracts 182 211 185 148 125 125 976 Total dollar Amount of $30.2M $41.6M $47.6M $27.9M $34.8 $2o.s $2oz.sM Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 1 0 0 0 1 No. of lost workday cases involving permanent transfer to 0 0 1 0 0 0 1 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. 17 Legal Business Name of Bidder Innovative Construction Solutions Business Address: 4011 W. Chandler Ave., Santa Ana, CA 92704 Business Tel. No.: (714) 893-6366 State Contractor's License No. and Classification: 764815 - A, C-21, HAZ Title Environmental Construction The above information was compiled from the records that are available to me at this time and I declare under penalty of ry tha the information is true and accurate within the limitations of those recort Signature of bidder Date 10/12/2016 Title President 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 partnershiprjoint 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 seat, 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. FNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 18 smfty of the i r fv-'d : t."'o ;Sp. 6 o ;rvtx ver,;,es Whitheidm5�ortha ivMchw,l osEg it, cxatrjca,. to acogthis rvaliisay is natehoE, ani no[ th= tmnficl xss. auurarr. atvari23tp of titas eoc:m;anc` ACKNOWLEDGMENT State of California County of On pP,Ak L IZ � before me,-Zk M0Zj Z - _n (here i sert name and title of the ficer) personally appeared i7 /Kl(L F2 1 - 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 aclmowledged 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. 1 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 Signature (Seal) ASHLEY DANIELLE HAMERSLEY Commission # 2043734 Notary public - California z Contra Costa County •j Az My Comm. EX fres Oct 3, 2077 City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B ACKNOWLEDGEMENT OF ADDENDA Bidder's name Innovative Construction Solutions The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si nature 01 09/30/2016 / 02 10/01/2016 03 10/10/2016 19 City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Innovative Construction Solutions Business Address: 4011 W. Chandler Ave., Santa Ana, CA 92704 Telephone and Fax Number: (714-)-893-6366 (714) 893-5122 California State Contractor's License No. and Class: 764815 A, C-21, HAZ (REQUIRED AT TIME OF AWARD) Original Date Issued: 06/22/1999 Expiration Date: 06/30/2017 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: Tino Magdaleno - Director of Ex -Situ and Don Strenger - Pre -Construction Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Hirad Emadi President 4011 W. Chandler Ave., Santa Ana, Ca 92704 (714) 893-6366 John R. White Vice President 4011 W. Chandler Ave., Santa Ana, Ca 92704 (714) 893-6366 Corporation organized under the laws of the State of California 20 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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; Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 21 Are any claims or actions unresolved or outstanding? Yes / Nw 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. Innovative Construction Solutions President Title I r,>/11 Ito Date On before_me, 1110ut Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personX whose name is/are-subscribed to the within instrument and acknowledged to me that he/she/thsp executed the same in his/heNtheir authorized capacity(i , and that by his/beNihe-signaturon the instrument the persorrK or the entity upon behalf o which the persoV acted, executed theInstrument, 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 off%seal._ Ll (SEAL) Noin and fqr taryP�u ilc said Sta a ,/ My Commission Expires: � )a lg 22 MON83UE ANTOINETTE STEFANOVIC Commissim 1 2063632 s s Na1ry Pubk - Calilmnis t ormp cwmty MT Cormr, ENOS$ Apr 18, 2818 City of Newport Beach SEMENIUK SLOUGH MAINTENANCE PROJECT Contract No. 3636B 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 specked 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. 23 fir•.,/ ^A [!1y i i 1 vLt.�:1 SEMENIUK SLOUGH MAINTENANCE PROJECT CONTRACT NO. 36368 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 25th day of October, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and INNOVATIVE CONSTRUCTION SOLUTIONS, a California corporation ("Contractor'), whose address is 4011 West Chandler Avenue, Santa Ana, California 92704, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of the price bid of this contract consists of cofferdam construction and dewatering a portion of the Semeniuk Slough ("Slough"); creating five (5) access points; excavating approximately 7,500 cubic yards of sediment from the City -owned portion of the Slough; and restoring the access points. The work also includes: 1) Excavating 1,100 cubic yards of material from the California Department of Transportation's ("CalTrans") adjacent storm drainage canal; 2) constructing and maintaining a temporary road within the dewatered channel bed to provide equipment access to the CalTrans storm drain headwall; 3) removing and hauling away 600 cubic yards of stockpiled material that shall be concurrently excavated by CalTrans from their adjacent storm drain culvert. All material excavated by the Contractor or CalTrans shall be hauled away from the project site and properly disposed at an off-site placement site selected by Contractor. Contractor is responsible for complying with any and all criteria and requirements for materials disposal including, but not limited to, laboratory testing of sediments to verify chemical and physical content and moisture content. The minimum amount of site preparation work shall be performed to create and maintain equipment access points to the work areas and restore them after use (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. 36366, 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 Five Hundred Seventy Two Thousand Eight Hundred Dollars and 00/100 ($1,572,800.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Keith Dorsa 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. INNOVATIVE CONSTRUCTION SOLUTIONS Page 2 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. 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: Hirad Emadi Innovative Construction Solutions 4011 West Chandler Avenue Santa Ana, CA 92704 INNOVATIVE CONSTRUCTION SOLUTIONS Page 3 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, 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. INNOVATIVE CONSTRUCTION SOLUTIONS Page 4 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 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 INNOVATIVE CONSTRUCTION SOLUTIONS Page 5 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' 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. INNOVATIVE CONSTRUCTION SOLUTIONS Page 6 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. 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 INNOVATIVE CONSTRUCTION SOLUTIONS Page 7 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 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. INNOVATIVE CONSTRUCTION SOLUTIONS Page 8 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. 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] INNOVATIVE CONSTRUCTION SOLUTIONS Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: r! � �, l ti lA Aaron C. Harp wm k%ziiv City Attorney ATTEST: I �� �` Date: By: 4tu' Nw�_' Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corpora]I � Date: , By I Mayor CONTRACTOR: Solutions, matt Date: /J Innovative Construction By: X� Hirad`Emadi President Date: // l i o l Ze."/6 By: John R. ite Vice P sident / Secretary [END OF SIGNATURES] Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements /Iu INNOVATIVE CONSTRUCTION SOLUTIONS Page 10 Premium: Included in Cost EXHIBIT A of Performance Bond. CITY OF NEWPORT BEACH BOND NO. S0013141 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to INNOVATIVE CONSTRUCTION SOLUTIONS hereinafter designated as the "Principal," a contract for: The work necessary for the completion of the price bid of this contract consists of cofferdam construction and dewatering a portion of the Semeniuk Slough ("Slough"); creating five (5) access points; excavating approximately 7,500 cubic yards of sediment from the City -owned portion of the Slough; and restoring the access points. The work also includes: 1) Excavating 1,100 cubic yards of material from the California Department of Transportation's ("CalTrans") adjacent storm drainage canal; 2) constructing and maintaining a temporary road within the dewatered channel bed to provide equipment access to the CalTrans storm drain headwall; 3) removing and hauling away 600 cubic yards of stockpiled material that shall be concurrently excavated by CalTrans from their adjacent storm drain culvert. All material excavated by the Contractor or CalTrans shall be hauled away from the project site and properly disposed at an off-site placement site selected by Contractor. Contractor is responsible for complying with any and all criteria and requirements for materials disposal including, but not limited to, laboratory testing of sediments to verify chemical and physical content and moisture content. The minimum amount of site preparation work shall be performed to create and maintain equipment access points to the work areas and restore them after use, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, ALLIE°WORLD 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 Five Hundred Seventy Two Thousand Eight Hundred Dollars and 00/100 ($1,572,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts INNOVATIVE CONSTRUCTION SOLUTIONS Page A-1 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. _ IN WITNESS WHEREOF, this instrument has be execu ed by the above named Principal and Surety, on the 7th day c , 20 1s . INNOVATIVE CONSTRUCTION SOLUTIONS V�!• 6r'+ Name of Contractor (Principal)Fo i ed Signature/Title ALLIED WORLD INSURANCE COMPANY Name of Surety Authorized Agent Signature 199 Water Street, New York, NY 10038 Edward C. Spector, Attorney -In -Fact Address of Surety Print Name and Title 646-794-0500 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: r By;25�1%� Vl Aaron C. Harp wn 10%ttlIV City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED INNOVATIVE CONSTRUCTION SOLUTIONS Page A-2 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 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 ACKNOWLEDGMENT (seal) A ary public or other officer completing this certifica verifies only the identity of the individual SEE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT who signed document to which this certificate is attached, and the truthfulness, accuracy, or validity of that docum State of California County of ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory eviden to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledg to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which th erson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of lifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) INNOVATIVE CONSTRUCTION SOLUTIONS Page A-3 CALIFORNIA ALL-PURPOSE 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 Los Angeles On NOV ® 7 2016 before me, Bernadette Aleman, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she,4hey executed the same in his/her4hei authorized capacity(ies), and that by his'" ems.-; * i 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 BERNAOETTE ALEMAN State of California that the foregoing paragraph is true and correct. COMM. #2162246 Z Notary Public • California o WITNESS my hand and official seal. Los Angeles County ! WC Ez fires Au 72020 Si atur e of Notary Public ALLIED ALLIED WORLD INSURANCE COMPANY d,ALLIED "' 17µ St, Suite 1600 �/y ,ORL0 Philadelphia, PA 19103 USA POWER OF ATTORNEY Issue Date: October 18, 2016 No. 265-A1276 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company) does hereby appoint Ni Simone Gerhard KeAna D. Wapatc-Conrad Edward C. Spector FIRM: Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd., Suite 2600 Los Angeles, CA 90017 Its true and lawful Attomey(s)-_-in-Fact, with full authority to execute on its behalf bonds, undertakings, reoognizances and other contracts of indemnity, and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be Executed by the officer named below, who is duly authorized and empowered to execute on the Companys behalf. This 18th day of October, 2016 day ftp At stvA'rcy ift Afryl NOTARW ■ 0.ktABETr. K &Ertl r+ryrr ) Ctyal?+tane�aa _smh Ex•e AurL^'; r x 77 h Name: Robert E. Staples State of PTitle: Senior Vice President -surety ennsylvania ) County of Philadelphia )ss. On this 18th day of October, 2016, before me came the above-named officer of ALLIED WORLD INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporation thereto by authority of his office. Notary My Commission Expires: 08/05/2018 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporations on December 31, 2012: RESOLVED, that the properoficere of the Corporation, the head of the surety business line for the Corporation and their appointed designees (each an 'Authorized Olfii and colbcdvdy the 'Authorized Otcemlbe; and each hereby is authorized to appoint one or more Atgmeys-hn Fac to represent and act for and behalf of the Corporation in the transardonofthe Companys surety business to execute (under the common seal o€ffre Corromtion,'fappropnate) bonds, underl2Mrgs, remgnewcas and other contmclsof indemnity and wntngs obligatory in the nature thereof. RESOLVED, that in comedian with the Condo2tion's transaction of surety business, the signatures and afestatiahs of the Authorized Officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate mlatng thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile abrades or facsimile seal shall be valid and binding upon the Corpomfon when so afli with reaped fo any bond, undenaft recognizance or other contract of indemnityorwriting obligatory in the nature thereof RESOLVED that in connection with the Corporation's tmndedon of surety business, the facsimile or mechanically reproduced signature of any Autlrorized Officer, whether made heretofore a hereafter, whemier appearing upon a copy of any Power ofAtomay of the Corporation, with signatures afli as next above noted, shall bevalid and binding upon the Corfwration with the same force and effect as though man uuhy affixed. RESOLVED, that in connection with the Corporation's transaction of surety business, any such Altomey4nFaf delivering a seaetanal or other certification that the foregoing resolutions still be in effect may insert in such cedificatim the data theracf said data to be not let, than the date of delivery thereof by such Aoomeyin-Fact. RESOLVED, that the Authorized Officers be, and eaih hereby is, authorized to execute (under thecommen seed of the Corporation, if appmprizti Make, file and deliver in the name and on behalf of the Capomlion any and all oro "is, contrasted, agreements, amendments, supplements hnstrumahts and other documents whatsoever, and do any and all other flings whatsoever in cormi with the Corporation's transaction of surety business, as such Aulhonzed 01 shall in his or her absolute discretion dean or determine apphopnam and any of the foregoing resolutions, the transactions cahlemplaled thereby and any ancillary matters thereto and/or to carry out the purposes and intent thereof, such deeming or deternination to be conclusively evidenced by any such execution a me taking of any such action by such Aulbonzed Officer. I, Daniel Zharkovky, Secretary of the ALLEID WORLD INSURANCE COMPANY, do hereby ceddy that the foregoing excerpts of Resolution adopted by the Bid of Directors of this corporation, and the PoxerofAtomey issued pursuantthereto, are true and covet, and that both the Resduhon and the Power ! LVI�II force and effect IN WITNESS WHEREOF, I have hemuntosetmy hand and affixed the facsimile seal of the colpaaton, this _day of NOVrc ® V Z�I® 20 t Daniel Zharkmky, AVP, Assistant General Counsel SUR 00046 00(05/2016) CITY OF NEWPORT BEACH BOND NO, S0013141 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,533.00 being at the rate of $ Scaled: $14.401$8.70 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to INNOVATIVE CONSTRUCTION SOLUTIONS hereinafter designated as the "Principal," a contract for: The work necessary for the completion of the price bid of this contract consists of cofferdam construction and dewatering a portion of the Semeniuk Slough ("Slough"); creating five (5) access points; excavating approximately 7,500 cubic yards of sediment from the City -owned portion of the Slough; and restoring the access points. The work also includes: 1) Excavating 1,100 cubic yards of material from the California Department of Transportation's ("CalTrans") adjacent storm drainage canal; 2) constructing and maintaining a temporary road within the dewatered channel bed to provide equipment access to the CalTrans storm drain headwall; 3) removing and hauling away 600 cubic yards of stockpiled material that shall be concurrently excavated by CalTrans from their adjacent storm drain culvert. All material excavated by the Contractor or CalTrans shall be hauled away from the project site and properly disposed at an off-site placement site selected by Contractor. Contractor is responsible for complying with any and all criteria and requirements for materials disposal including, but not limited to, laboratory testing of sediments to verify chemical and physical content and moisture content. The minimum amount of site preparation work shall be performed to create and maintain equipment access points to the work areas and restore them after use, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and ALLIED WORLD INSURANCE 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 Five Hundred Seventy Two Thousand Eight Hundred Dollars and 00/100 ($1,572,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein INNOVATIVE CONSTRUCTION SOLUTIONS Page B-1 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. -1 ------- IN WITNESS WHEREOF, this instrument has bi6tri duly exe uted by the Principal and Surety above named, on the 7th day of N frber 20. 16 . INNOVATIVE CONSTRUCTION SOLUTIONS Cn-t- Name of Contractor (Principal) ALLIED WORLD INSURANCE COMPANY Name of Surety 199 Water Street, New York, NY 10038 Address of Surety 646-794-0500 Telephone APPROVED AS TO FORM: CITY ATTORNEY'SI%��OFFICE Date: By:2A� �A Aaron C. Harp LhAA ttnullta City Attorney ature/Title Authorized Agent Signature Edward C. Spector, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED INNOVATIVE CONSTRUCTION SOLUTIONS Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (seal) otary public or other officer completing thlS SEE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT certificate verifies only the identity of the individual who sign the document to which this certificate is attached, an of the truthfulness, accuracy, or validity of that docbment, State of California County of ss. On before me, Notary Public, personally appeared proved to me on the basis of satisfactory e ence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknovvkdged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and at by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of w ' the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the S of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) INNOVATIVE CONSTRUCTION SOLUTIONS Page B-3 CALIFORNIA ALL-PURPOSE 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 Los Angeles On NQV 0 7 2016 before me, Bernadette Aleman, Notary Public, personally appeared Edward C. Spector 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 hiss-.ae4their authorized capacity(ies), and that by his/'";= signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. lERNADETTEALEMAN o P:, COMM. k2162246 Z WITNESS my handand official seal. Notary Public • California A Z • '� Los Angeles County ° M Comm. Es fres Au otary Public WORLD Issue Date: October 18, 20-16 ALLIED WORLD INSURANCE COMPANY 30 S. 17" St, Suite 1600 Philadelphia, PA 191G3 USA POWER OF ATTORNEY No. 265-A 1275 Single Transaction Limit: $ 10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company') does hereby appoint NAME(s): Simone Gerhard KeAna D. Wapato-Conrad Edward C. Spector FIRM: Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd., Suite 2600 Los Angeles, CA 90017 Its true and lawful Attomey(s)-in-Fad, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf. This 18th day of October, 2016 eOwtY 'AP tN° IK nvwJgA NOiJ7ARUL $EA{ ELrio9E7HK StfLL 94ir CRY of Ditit2 C, ^ :z'�AMill y Name: Robert E. Staples State of Pennsylvania Tele: Senior Vice President -Surety ) County8th day of October, )ss. +- On this 18th day of October, 2016, before me came the above-named officer of AWED WORLD INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing Notary Instrument and affixed the seals of said corporation thereto by authority of his office. My Commission Expires: 08/05/2018 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation'), on December 31, 2012: RESOLVED, that the poper officers of the Corporation, the head of the surely business line for the Corporation and their Winted designees (each an °Aulhol¢ed Oficer' and collectively, the 'Authorized Othce&) be and each herebyis, authadved to appoint oneermone ttomeys-inFadto mpesent andadforandon behalufthe Oogmralpn in the transaction of the Companyssurety business to execute (under the common seal of Cie corporation, ffappmpnale) bonds, undertakings, 2mgnizences and other contradsofindemnity and wrtings obligatory in the nature thereof. RESOLVED, that in connection with the Corporation's transaction ofsurety business, the signatures and attestations of the Authorized Officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any cedficafe relating Chereto by facsimile, and any such Power of Aflomey or cedificste bearing such facsimile signatums or facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any bond, undedakrg, mcognizarhce orothercontrad ofindemnityorwriting obligatory in the nature thereof RESOLVED that in connedpn whth the Corporation's tansactionof surely buss, the fmsmile'of ntiadnrically, microduned signature Many Authorized Officer, whetlher made h ratoli a or hematter, wherever appearing upon a copy of any Power of Mornay of the Corpordpn, With signatures affixed as next above razed, shall be valid and blMhg upon the Corporation wriU thesame force -and effect as though manually affixed. RESOLVED, that in wnnectim With the corporation's transaction ofsuiety business, any such Attorney -in -Fad delivering a seaelada' orother cedificatim that the foregoing isolations still be in effect may insert in such cedificatbn the data thereof, said date to be not later than the date of delivery thereof by such AttaneyJnFact RESOLVED, Chat the Authorized Officers be, and each hereby is, authorized to execute (under the common sed of ft Corporation, if appropriate), make, file and deliver in the name and on behalf of the Capomticn any and all wmmnts certificates, agreements, amendments supplements instruments and other documents whatsoever, and do any and all other things whatsoever in wnnec ion with the Corporation's tansaetion of surety business, as such Authorized Officer shall in his a her absolute discretion deem or determine appropriate and any of the foregoing resolutions, the transactions contemplated hereby and any ancillary mallet; thereto ard/ato carry out the purposes and intent thereof, such deeming or determination to be wndusNelyevidenced by my such execution or the taking M any such action by such Aul honzed Officer. i, Daniel Zharkovky, Secretary M the ALLEID WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts M Res Mm adopted by the Board M Directors M this c orpaation, and the Power ofA11wW issued pursuani thereto, are true and correct, and that both the Resdugrn and the p Power of Attorney am in full force and effect IN WRNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporator, this _dayoR'1OV ® / 206 4 - Daniel Zharkovky, AVP, Assistant General Counsel SUR 00046 00(05/2016) 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 INNOVATIVE CONSTRUCTION SOLUTIONS 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. INNOVATIVE CONSTRUCTION SOLUTIONS 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 INNOVATIVE CONSTRUCTION SOLUTIONS 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. I. 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 INNOVATIVE CONSTRUCTION SOLUTIONS 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. INNOVATIVE CONSTRUCTION SOLUTIONS 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: 11/30/16 Dept./Contact Received From: Raymund Date Completed: 11/30/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Innovative Construction Solutions Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/27/16-10/1/17 A. INSURANCE COMPANY: AXIS Surplus Ins Co B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M/21vf 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? ® 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 ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No U. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/16-10/1/17 A. INSURANCE COMPANY: American Fire & Casualty Co B. C. D. E. F. G. H. AM BEST RATING (A-: VII or greater) A: XV ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? IM LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/16-10/1/17 A. INSURANCE COMPANY: Zurich American Ins Co B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY C0111111110-11iI101:1ImV6121 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/30/16 Date ® Yes ❑ No ® Yes ❑ No 1M ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No M N/A ❑ Yes ❑ No ® Yes ❑ No 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: Risk Management approval needed due to GL carrier being non -admitted. Sheri Approved 11/30/16. Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach Page 1 SEMENIUK SLOUGH MAINTENANCE PROJECT (C -3636B), bidding on October 13, 2016 10:00 AM (Pacific) Printed 10/13/2016 Bid Results Bidder Details Vendor Name Innovative Construction Solutions Address 4011 W Chandler Ave Santa Ana, CA 92704 United States Respondee Keith Dorsa Respondee Title General Manager, Nor -Cal Operations Phone 925-574-2600 Ext. Email kdoma@icsinc.ty Vendor Type License # 764815 CA DIR Bid Detail Bid Format Electronic Submitted October 13, 2016 9:43:30 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 90438 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type PDF BID SUBMITTAL C-36368.pdf BID SUBMITTAL PDF Designation ofSubcontractor.pdf Designation of Subcontractors - Signed Copy PDF Bid Bond.pdf Bid Bond Line Items Type Item Code UOM City Unit Price Line Total Comment BASE BID ITEMS 1 Mobilization and Demobilization Lump Sum 1 $150,000.00 $150,000.00 2 Permit Compliance Lump Sum 1 $31,000.00 $31,000.00 3 Cofferdam and Dewatering Lump Sum 1 $370,000.00 $370,000.00 4 Topogrophic/Hydrographic Surveys Before and After Completion of the Excavation Work Lump Sum 1 $13,000.00 $13,000.00 PianstSids, Inc. City of Newport Beach Page 2 SEMENIUK SLOUGH MAINTENANCE PROJECT (C-36366), bidding on October 13, 2016 10:00 AM (Pacific) Printed 10/13/2016 Bid Results Type Item Code uOM Qty Unit Price Line Total Comment 5 Temporary Truck Access and Turnaround Space Lump Sum 1 $12,000.00 $12,000.00 6 Equipment Channel Access Points to Slough Excavation Area Lump Sum 1 $30,000.00 $30,000.00 7 Excavation, Transport, and Disposal of Material within City Owned Portion of Slough between Stations 5+00 and 22+00 Cubic Yard 8500 $78.00 $663,000.00 8 Excavation, Transport, and Disposal of Material within the CalTrans Ste" Drain Canal Between Stations 1+50 and 5+00 Cubic Yard 1100 $78.00 $85,800.00 9 Access to the Carrrans Storm Drain Lump Sum 1 10 Material Excavated and Stockpiled from the Storm Drain by Can-rans Cubic Yard 600 11 Restoration of Channel Access Points 12 Rain Event Dewatering 13 Allowance for Unforeseen Conditions Subcontractors Name & Address Description Marina Landscape, Inc. Landscape 3707 W. Garden Grove Blvd. Orange, CA 92868 United States Square Foot 6900 Each 3 Lump Sum i PlanetBids, Inc. $54,000.00 $54,000.00 $78.00 $46,800.00 $8.00 $55,200.00 $4,000.00 $12,000.00 $50,000.00 $50,000.00 Subtotal $1,572,800.00 Total $1,572,800.00 License Num Amount Type 492862 $40,000.00 CADIR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 SEMENIUK SLOUGH MAINTEANCE P CONTRACT DATE: September 30, 2016 City TO: ALL PLANHOLDERS Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Addendum No. 1 Includes the following changes, additions, deletions, or clarifications made to the contract documents. 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. Innovative Construction Solutions Bidder's Name (Please Print) 10/12/2016 Dat Authorized Signature & Title ADDENDUM NO. 1 SEMENIUK SLOUGH MAINTEANCE PROJECT CONTRACT NO. 3636E 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. Contractors are alerted to review Item 15 of the Instructions to Bidders which states: "15. Bidders are required to attend a mandatory pre-bid meeting that will be held at Crystal Cover Meeting Room (Bay 2D) in City Hall on Wednesday, October 5, 2016 from 9:00 AM to 10:00 AM. The bidder's company officer, proposed superintendent and/or construction manager are required to attend. FAILURE TO ATTEND THE PRE-BID MEETING WILL RESULT IN DISQUALIFICATION AND REJECTION OF THE BIDDER'S BID PROPOSAL" 2. Included in Appendix A is page SP1 stamped and signed by the project manager ADDENDUM NO. 1 SEMENIUK SLOUGH MAINTEANCE PROJECT CONTRACT NO. 3636B Appendix A Sheet SP1 - Signed and Stamped CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SEMENIUK SLOUGH MAINTENANCE PROJECT CONTRACT NO. C -3636B INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Contract Drawings; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2014 Edition), 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 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS. 2-5.3 Submittals. Add the following to the Section: "The Contractor shall submit to the Engineer five copies of all submittals called for in the Plans (which include the Special Provisions and drawings) within ten working days after the date of Notice to Proceed. The Engineer will review all submittals within ten working days after receipt from Contractor. Shop drawings shall be submitted and reviewed in accordance with 2-5.3 of the Standard Specifications." 2-5.3.3 Shop Drawings. Add to the Section: "All shop drawings shall be prepared to scale on standard D -size 24 -inch by 36 -inch bond paper sheets. The drawings shall be supplemented by such shop drawings as are necessary to control the work adequately. All authorized alterations affecting the requirements and information given on the drawings shall be in writing. Any changes to the approved shop drawings shall require Engineers approval. SPI of 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 SEMENIUK SLOUGH MAINTEANCE PROJECT CONTRACT NO. 3686 DATE: October 7, 2016 BY:.4 ` rt Engineer TO: ALL PLANHOLDERS Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Addendum No. 2 includes the following changes, additions, deletions, or clarifications made to the contract documents. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Innovative Construction Solutions Bidder's Name (Please Print) 10/12/2016 Da G 1., uthorized Signature & Title ADDENDUM NO. 2 SEMENIUK SLOUGH MAINTEANCE PROJECT CONTRACT NO. 3636B The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. An optional site walk for contractors that attended the mandatory pre-bid meeting has been set for October 10, 2016 at 10 AM. Please meet in front of the gate entering the site from Coast Highway. 2. The following change is made to Appendix A — Technical Specifications Delete section 901.5.1.1 and replace with: "901.5.1.1 Payment for excavation and disposal of material from the Semeniuk Slough footprint between Station 1+50 and 22+00 shall be based a comparison of topographic surveys performed by the Contractor before and after completion of the excavation work. Topographic surveys will be performed when the slough is dewatered." 3. The quantify for Item 7, Excavation, Transport, and Disposal of Material within City Owned Portion of Slough between Stations 5+00 and 22+00 is increased from 7,500 CY to 8,500 CY. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 SEMENIUK SLOUGH MAINTEANCE PROJECT CONTRAC7N. 3636 DATE: October 10, 2016 BY: ��.Gity'Engineer T0: ALL PLANHOLDERS Bidders must sign this Addendum No. 3 and attach it to the bid proposal. Addendum No. 3 Includes the following changes, additions, deletions, or clarifications made to the contract documents. Bid may not be considered unless this signed Addendum No. 3 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Innovative Construction Solutions Bidder's Name (Please Print) 10/12/2016 Date Authorized Signature & Title ADDENDUM NO. 3 SEMENIUK SLOUGH MAINTEANCE PROJECT CONTRACT NO. 36368 The following information supplements the contract documents. 1. Attachment A includes the sediment analysis study for Semeniuk Slough prepared by AMEC. Sediment sizes in the slough are shown in Figure 5. 2. The drainage areas tributary to the project site are shown in Attachment B. DATA TRANSMITTAL REPORT Sediment Sampling, Bulk Chemistry Testing, and Geotechnical Testing Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California Prepared for: City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 Prepared by: AMEC Geomatrix, Inc. 510 Superior Avenue, Suite 200 Newport Beach, California 92663 (949)642-0245 May 11, 2011 Project No. NB10160730 amec__, DATA TRANSMITTAL REPORT Sediment Sampling, Bulk Chemistry Testing, and Geotechnical Testing Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California May 11, 2011 Project N810160730 This report was prepared by the staff of AMEC Geomatrix, Inc., under the supervision of the Engineer and Geologist whose signature appear hereon. The findings, recommendations, specifications, or professional opinions are presented within the limits described by the client, in accordance with generally accepted professional engineering and geologic practice. No warranty is expressed or implied. Ana Paine Project Geochemist Kimberly Holland-Chominsky, PG #7033 Senior Geologist TABLE OF CONTENTS (Continued) TABLES Table 1 Coordinates of Vibracore Locations Table 2 Coordinates and Sampling Elevations for Beach Transect Grab Sample Locations Table 3 Mudline Elevations and Total Depths of Vibracore Borings Table 4 Calculated Rate of Penetration for Vibracore Borings Table 5 Mudline Elevations and Core Recovery for Vibracore Borings Table 6 Summary of Sediment Samples Collected at Vibracore Locations for Chemical Composite and Tier III Bioassay Testing Table 7 Summary of Sediment Samples Collected at Vibracore Locations for Geotechnical Testing Table S Concentrations of General Chemistry Parameters in Sediment Sample Table 9 Concentrations of Metals and Organotin Compounds in Sediment Sample Table 10 Concentrations of PCB Aroclors and PCB Congeners in Sediment Sample Table 11 Concentrations of Semivolatile Compounds and Pesticides in Sediment Sample Table 12 Grain Size Data from Vibracore Samples Table 13 Atterberg Limits for Sediment Samples Table 14 Grain Size Data from Beach Transect Grab Samples Table 15 Finest and Coarsest Receiving Beach Gradations and Dredge Area Composite Gradation FIGURES Figure 1 Site Location Map Figure 2 Vibracore Sampling Locations Figure 3 Beach Transect Sampling Locations and Beach and Nearshore Nourishment Areas Figure 4 Receiving Beach Gradations Figure 5 Dredge Area Composite Gradation APPENDIXES Appendix A USACE's Scopes of Work Appendix B Sampling and Analysis Plan Dated November 24, 2010 Appendix C Copy of Field Log Book Appendix D Lithologic Logs Appendix E Photographs Appendix F Analytical Chemical Testing Laboratory Report and Chain -of -Custody Documentation Appendix G Geotechnical Testing Laboratory Reports and Chain -of -Custody Documentation Appendix H Tier III Bioassay Chain -of -Custody Documentation Appendix I Analytical Chemical Data Quality Assurance/Quality Control Documentation AMEC Geomatrix Inc PA1007=DocsOraft Data Transmittal Report%Report_Np6 050911.docx it amec� DATA TRANSMITTAL REPORT Sediment Sampling, Bulk Chemistry Testing, and Geotechnical Testing Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California 1.0 INTRODUCTION AMEC Geomatrix, Inc. (AMEC), has prepared this Data Transmittal Report on behalf of the City of Newport Beach (City) to present the findings of the sediment sampling, bulk chemistry testing, and geotechnical testing at the Semeniuk Slough, a channel within the Santa Ana River Marsh (SARM), located in Newport Beach, California (the site; Figures 1 and 2). At the City's direction, this Data Transmittal Report was prepared in accordance with the U.S. Army Corps of Engineers, Los Angeles District's (USACE's) August 4, 2010, Scope of Work (SOW) (USAGE, 2010a) issued for investigation of the Federal Marsh Limits of the SARM, the December 6, 2010 Modification to the SOW (USAGE, 2010b), and our Cost Estimates submitted to the City dated November 9, 2010 and April 21, 2011, and contains an evaluation of potential dredged material from the Semeniuk Slough for replenishment/nourishment and disposal. This work was performed in support of planning and permitting for the City's maintenance dredging project. The purpose of this project was to perform vibratory coring, beach transect sampling (completed under a separate contract with the USACE ), sediment chemistry testing, and geotechnical testing in accordance with requirements outlined in the Ocean Dumping Regulations (40 CFR 220-228), the Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual (i.e., the Green Book — U.S. Environmental Protection Agency [USEPAj & USACE [19911), the Draft Regional Implementation Agreement (RIA) for the Evaluation of Dredged Material for Ocean Dumping (USACE & USEPA,1993), Assuring the Adequacy of Environmental Documentation for Construction and Maintenance Dredging of Federal Navigation Projects (USAGE, 2006), and Overdepth Dredging and Characterization Depth Recommendations (USACE, 2007). 2.0 BACKGROUND Maintenance dredging is required to return the Semeniuk Slough to its original design dimensions. Sediments to be dredged require environmental evaluation of sediment quality to support planning and permitting for dredging, beach placement, and/or disposal. The Semeniuk Slough maintenance project is authorized as follows: • Rivers and Harbors Act of 1899 (33 USC 403 et.seq.); AMEC Geomatrix Inc P:11607301DocslDraft Data Transmittal Report\Report NpB_050911.docx 1 • Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (P.L. 92-532); and • Federal Water Pollution Control Amendments of 1972, aka Clean Water Act. The estimated volume of sediments to be dredged from the Semeniuk Slough is 22,000 cubic yards (based on the April/May 2010 bathymetric survey). If sediments are suitable in terms of chemical composition and grain size, it is proposed to place the Semeniuk Slough dredge sediments on West Newport Beach at elevations between +12 and -30 feet mean lower low water level (MLLW) (Figure 3). If dredge sediments are determined to be unsuitable for beach placement, alternative disposal options such as open ocean disposal at LA -3 may be considered. 2.1 OBJECTIVE Our objective was to assist the City in collecting data necessary to evaluate the chemical and geotechnical properties of the sediments to be dredged within the Semeniuk Slough and to collect data for evaluating the geotechnical properties of the beach sediments at the West Newport Beach replenishmenlYnourishment areas. 2.2 SCOPE OF WORK The SOW for investigation of Semeniuk Slough closely followed the SOW issued to AMEC by the USACE and included the following: • prepare a Sampling and Analysis Plan (SAP); • collect sediment cores from five locations in the Semeniuk Slough using a vibratory corer (vibracore); • perform chemical analysis on composite sediment samples and geotechnical testing of individual depth -discrete samples collected in Semeniuk Slough; • collect approximately 20 gallons of sediment from Semeniuk Slough for Tier III bioassay testing; • collect sediment grab samples from 16 USACE-designated locations in the West Newport Beach replenishment/nourishment areas (beach transect sampling); • perform geotechnical testing of sediment grab samples collected in West Newport Beach replenishmentinourishment areas; • archive and freeze sediment core samples collected from Semeniuk Slough; • prepare lithologic logs of all sediment cores and grab samples; PA1607300ocslDraft Data Transmittal ReporI%Report_NpB_050911.do • perform a Tier II evaluation using the results of a composite sediment sample to determine the suitability of placement of dredged sediments on West Newport Beach nearshore; • maintain quality assurance and quality control; and • prepare a draft and final report of the findings. A copy of the USACE's August 4, 2010 SOW and the December 6, 2010 Modification to the SOW is provided in Appendix A. 3.0 PREFIELD ACTIVITIES Prefield activities performed by AMEC included: (1) preparing a SAP specific to this project; (2) subcontracting with a marine sediment coring contractor having a marine vessel and laboratories capable of performing the required chemical, geotechnical, and Tier III bioassay testing of the sediment samples; and (3) notifying the United States Coast Guard (USCG), City of Newport Beach Lifeguards, and West Newport Oil Company of our planned activities. AMEC prepared the SAP in accordance with the USACE's SOW. The SAP was submitted to and approved by the City and the Southern California Dredged Materials Management Team before commencing the field work. A copy of the SAP is included in Appendix B. AMEC subcontracted TEG Oceanographic Services (TEG) of Santa Cruz, California to perform the marine sediment core sampling. TEG provided its coring barges the R/V Lily Pad and the R/V Seadog as the working platforms for conducting the vibracoring. The beach transect sampling was conducted by AMEC and AMEC Earth & Environmental (AMEC E&E) on their vessel out of San Diego, the R(V Vallela. AMEC subcontracted Calscience Environmental Laboratories, Inc., (Calscience) of Garden Grove, California to perform the chemical analysis of the sediment sample. AMEC's soil testing lab in Newport Beach, California and AP Engineering and Testing, Inc., (AP) of Pomona, California performed the geotechnical testing of the sediment samples. The USACE's SOW required that Mr. Tom McCloskey of the West Newport Oil Company, the City of Newport Beach Lifeguards, and the USCG be notified of the field activities at least two weeks before the start of work. AMEC promptly notified these parties as required. The USCG requested the coordinates of the sampling locations in the Semeniuk Slough which AMEC provided before commencing the field activities. P:\160730\Docs1Dmft Data Transmittal ReporttReport_Npa_050911.doc 4.0 FIELD ACTIVITIES Field activities performed by AMEC during the sediment sampling program included overseeing the sediment vibracoring operations, lithologic logging and photographing of the sediment cores, collecting and documenting geotechnical and chemical samples, compositing approximately 20 gallons of sediment collected from Semeniuk Slough for Tier III bioassay testing, and collecting grab sediment samples from the West Newport Beach replenishment/nourishment areas. The Semeniuk Slough field activities were conducted on January 26, 2011. Sampling at West Newport Beach replenish ment/nourishment areas was performed on January 21, January 27, and February 8, 2011. All field activities were conducted as described in the SAP. 4.1 NAVIGATION AND TARGET POSITIONING The navigation system onboard the coring barges consisted of a Furuno NAVNET WAAS enabled differential global positioning system (DGPS) and navigation software. The reported accuracy of the DGPS is approximately 3 to 10 feet. During vibratory coring in Semeniuk Slough, AMEC checked the accuracy of the DGPS against a known benchmark before beginning fieldwork and at the end of the day. The benchmark used was a 3 1/2" brass disc within the marsh (SARM1). The DGPS outputs coordinates in latitude and longitude referenced to the North American Datum of 1983 (NAD 83), which were subsequently converted by AMEC to California State Plane Zone 6 coordinates. The accuracy of the DGPS averaged less than 7.4 feet from the benchmark and is included in the copy of the field log book provided in Appendix C. Once at the desired position, spuds were used to hold the barge on station while the vibracore was lowered into the water. TEG and AMEC recorded the coordinates of the actual vibracore locations. A list of the vibracore location designations and their coordinates is provided in Table 1. During the sampling at the West Newport Beach replenishment/nourishment areas, AMEC E&E used a Trimble Pathfinder ProXRT DGPS (Trimble DGPS) to locate the onshore beach transect sample locations and a Garmin 162 GPS plotter equipped with a Garmin 21 DGPS (Garmin DGPS) onboard the R/V Vallela to locate the offshore beach transect sampling locations. The Garmin DGPS unit was mounted to the top of the boat's davit to survey the boat's position during the offshore beach transect sampling. The Trimble DGPS is accurate to approximately 1 foot and the Garmin DGPS is accurate to approximately 4 feet. A list of the beach transect grab sample location designations and their coordinates is provided in Table 2. AMEC Geomatrix, Inc. P9160730\Docs\Draft Data Transmittal ReportlReport_Np8_05091 I.docx 4 4.2 MUDLINE ELEVATIONS While completing field work for the USACE at the SARM between January 18 and January 26, 2011, a tide gauge was installed at the mouth of the SARM to record the ebb and flow of the tide within the marsh. To estimate the mudline elevation at each coring location the water depth was measured immediately prior to drilling by lowering a tape measure equipped with a weight at the end. Initially, AMEC estimated the tide elevation in feet above MLLW level by using National Oceanic and Atmospheric Administration (NOAH) tide charts from the nearby Santa Ana River Entrance tide gauge. The NOAA tide predictions used for this project were from the Los Angeles reference station and corrected for Santa Ana River Entrance. By subtracting the water depth from the tidal stage, the mudline elevation was estimated. However, on the second day of sampling for the USACE, it was apparent that the Santa Ana River Entrance tide gauge was not accurately predicting the tide elevations within the SARM. After downloading and reviewing the water level data recorded by the tide gauge installed at the mouth of the SARM, it was confirmed that the NOAA tide predictions were inaccurate for the SARM. The SARM is only hydraulically connected to the Santa Ana River through a single tide gate located at the mouth of the SARM. The tide gate restricts the flow of water between the SARM and the Santa Ana River causing some difficulty in predicting the tidal stage within the SARM when using NOAA tide tables. Without correct real-time tidal elevations, AMEC and the USACE decided that the most accurate alternative for determining the mudline elevations in the SARM was to use the mudline elevations measured during the USACE April/May 2010 bathymetric survey. After the fieldwork was completed, the tide gauge at the mouth of the SARM was downloaded to check mudline elevations in post processing. The mudline elevations generally concurred with the USACE bathymetric survey (AMEC, 2011). During the sampling at the West Newport Beach replenishment/nourishment areas, the elevations for the onshore beach transect locations were estimated by using a Trimble DGPS, which is accurate to approximately 1 foot. At each offshore beach transect sampling location, AMEC E&E used a Garmin 135 depth sounder to measure the depth to the seafloor bottom and estimated the tide elevation by using NOAA predicted tides from the Los Angeles reference station. The estimated mudline elevation relative to the MLLW at each vibracore sampling location is provided in Table 3. The approximate elevations for the beach transect grab sampling locations are provided in Table 2. 4.3 VIBRACORE OPERATIONS Marsh sediment samples were collected by TEG using a vibracore. Vibracoring was conducted in the Semeniuk Slough on January 26, 2011. Pa1607301Docs0raft Data Transmittal ReporWeport_NpB_050911.dou The vibracoring portion of the fieldwork included the collection of sediment cores from five locations within the dredge area of the Semeniuk Slough. Approximately 20 gallons of sediment was collected from the Semeniuk Slough so that there would be enough sediment to conduct a Tier 111 bioassay if the sediment was determined to be incompatible with West Newport Beach. The collection of 20 gallons of sediment required multiple cores to be collected at each coring location. A total of eight cores were collected from five locations (three locations were cored twice). Table 3 shows the number of cores collected at each location. The vibracore locations are shown on Figure 2. Before each coring attempt, TEG rinsed the core barrel of the vibracore with marsh water and then lined it with a new polyethylene liner. Upon reaching the coordinates for a target coring location, TEG used spuds to anchor the barge and then lowered the vibracore into the water using an A frame and winch system on the barge's deck. The City specified the required penetration depth for each coring location. At each location, the vibracore barrel was advanced to the required penetration depth or refusal, whichever was shallowest. The target penetration depth at each location was the project overdepth elevation plus one foot. The project overdepth elevation is two feet below the project elevation. TEG used 4 -inch diameter, aluminum core barrels with varying lengths that allowed them to core to the appropriate target penetration depth at each location. Typically, a core barrel that allowed TEG to core to a depth greater than the project overdepth elevation plus one foot was used. The core penetration depths are provided in Table 3. TEG recorded the drilling time and depth of penetration at each coring location. These were used to estimate the rate of penetration which is provided in Table 4. If the target penetration depth was not reached on the first attempt, then up to two additional attempts were made to reach the target depth. After coring was completed, TEG retrieved the core equipment via the barge's winch system and the length of sediment collected in the core barrel (recovery) was measured with a tape measure. The core recoveries for the vibracore borings are provided in Table 5. After measuring the core, TEG placed the sediment in a polyvinyl chloride (PVC) core tray. TEG then ferried the cores from each location via a johnboat to AMEC's staging area where the longest core was placed on a table for photographing, logging, and sampling by AMEC. 4.3.1 Marine Sediment Sampling AMEC collected marine sediment samples in general accordance to the SAP. Chemical, archive, geotechnical, and Tier III bioassay collection procedures are described below. A summary of the depth intervals of sediment samples collected for chemical and Tier III bioassay testing are provided in Table 6. A summary of the depth intervals of sediment samples collected for geotechnical testing are provided in Table 7. Chemical and archive AMEC Geomatrix Inc PA160730\Docs0raft Data Transmittal Report\Report_Np6 050911.d= 6 samples were collected first from each core followed by geotechnical and Tier III bioassay sample collection. 4.3.1.1 Chemical and Archive Samples AMEC collected samples for bulk chemical testing in accordance with the SAP. If more than one core was collected from a vibracoring location, only the core with the most recovery was sampled for the bulk chemical testing. AMEC collected a vertical composite for chemical analyses by scraping sediment from the mudline to the project overdepth plus one foot or maximum recovery if project overdepth plus one foot was not recovered. The composite of the core was collected using a stainless steel scoop and combined in cleaned stainless steel bowls. One new 16 -ounce glass jar with a Teflon -lined lid was filled and placed on hold for archive while the rest of the sample was covered and placed on ice to form the composite sediment sample specified in the SAP. The composite sample was formed by homogenizing all sediment samples collected in the project area using a stainless steel scoop in a large stainless steel bowl. Three 16 -ounce glass jars and a one gallon plastic bag were filled with the homogenized sediment. Additionally, where multiple cores were collected at a location, a chemical archive sample was collected from the second core to be placed on hold within AMEC E&E's freezers. The jars and plastic bags were labeled in accordance with the SAP, placed in resealable plastic bags, and placed in a cooler containing ice. All chemical samples were handled under standard chain -of -custody protocols and recorded on lithologic logs (Appendix D). At the end of the day when the composite sediment sample was formed, the chemical samples were relinquished to Calscience, a California state -certified laboratory, to perform the bulk chemistry analyses. The archive samples collected from the longest cores also were relinquished to Calscience. Calscience froze the archive samples and will retain them for a period of one year from when they were received. Sampling equipment, stainless steel scoops, and stainless steel bowls, were washed in an Alconox solution and double -rinsed with deionized water before each use. These decontamination procedures were in accordance with the SAP. 4.3.1.2 Geotechnical Samples Sediment for geotechnical testing was collected from each vibracore sampling location. If more than one core was collected from a sample location, only the core with the most recovery was sampled. Samples were collected from each lithologic unit identified within a core. Layers were identified in the field based on changes in material types and characteristics. Generally, material was collected for geotechnical testing from lithologic units that were thicker than approximately 0.5 feet. Each sample was placed in a new, 1 -gallon, resealable plastic AMEC Geomatrix Inc. R\160730\ cslDraR Data Transmittal ReporMepoA_NP13_050911.docx 7 ameO bag. The bags were sealed, labeled in accordance with the SAP, and placed in a dry container until analyzed. Sampling data were also recorded on the lithologic logs (Appendix D). The samples were relinquished to AP, under standard chain -of -custody protocols, to perform geotechnical testing. 4.3.1.3 Tier N Bioassay Sample A Tier III bioassay sample was collected from Semeniuk Slough. The sample was collected at depths ranging from approximately 0.5 to -6.0 feet MLLW. After the chemical, archive, and geotechnical samples were collected, the remaining sediment from each vibracore sampling location was placed in a pre -cleaned stainless steel mixing vessel. The Tier 111 bioassay sample was formed by homogenizing all sediment samples collected in the project area using a stainless steel mixer in a stainless steel mixing vessel. The Tier III bioassay sample was placed in four 5 -gallon plastic buckets lined with polyethylene bags. The buckets were labeled in accordance with the SAP and kept cold by placing bags of ice over the sealed buckets. The Tier III bioassay sample was relinquished to Nautilus Environmental (Nautilus) using standard chain -of -custody protocols and was placed on hold pending the grain size compatibility analysis. Nautilus placed the sample in a 4 degrees Celsius cold room and will retain it for a period of 6 months from when it was received. 4.4 BEACH TRANSECT GRAB. SAMPLING AMEC E&E collected marine sediment samples from offshore sample locations using a Van Veen grab sampler. The onshore samples were collected by hand using a pre -cleaned stainless steel scoop. Offshore beach transect grab sampling at West Newport Beach nearshore was conducted on January 27, 2011. Onshore beach transect grab sampling at West Newport Beach was conducted on January 21, 2011 and February 8, 2011. The USACE indicated in the SOW that the beach transect portion of the fieldwork would include collecting 8 sediment grab samples from two beach transects for a total of 16 grab samples (sample locations designated with the prefix WNpBNA10-#-#; Table 2). Beach transect sampling consisted of collecting surface grab samples at elevations between +12 and -30 feet MLLW, at approximately six foot vertical intervals (eight samples per transect) at the beach placement site. A total of two transects were sampled at the locations shown on Figure 3. A Trimble DGPS or GARMIN DGPS was used to locate each sample location along a beach transect. Upon reaching each offshore sample location, AMEC E&E lowered a Van Veen grab sampler using a davit into the water. Once a sample was collected, the Van Veen grab sampler was brought onto the boat and its contents were placed into a new, resealable plastic AMEC Geomatrix, Inc. P11607300ml0raft Data Transmittal Report\Report_NpB_050911.docx 8 amec bag. The bags were sealed, labeled, and placed in a dry container until analyzed. No diving was performed during sampling as directed by the USACE. All samples were logged (Appendix D) and handled under chain -of -custody protocols. The samples were relinquished to either AMEC's soil testing lab in Newport Beach or AP for geotechnical testing. 4.5 DOCUMENTATION AND LITHOLOGIC LOGGING Documentation by AMEC staff during the vibracoring and beach transect activities included summarizing the daily field activities in a field log book and photographing some of the activities. AMEC also photographed and prepared a field lithologic log for each sediment core. Documentation was performed in accordance with the SAP. A copy of the field log book is provided in Appendix C. Photographs of cores and field activities are included in Appendix E. During photographing and logging, AMEC measured the lengths of the cores recovered and recorded them on the lithologic logs. The lengths of core recovery are summarized in Table 5. In accordance with the SAP, sediments were described by "visual manual procedures" as outlined in the American Society of Testing and Materials (ASTM) Standard D2488. AMEC recorded additional comments (e.g. descriptions of organic material and if present, trash, and biological organisms) on the lithologic logs. Copies of the lithologic logs are provided in Appendix D. The lithologic logs also include information such as the mudline elevation, penetration time; depth of penetration, sampling methods, and coordinates at each sampling location. AMEC compared the field descriptions to the results of samples submitted for geotechnical testing. If there were differences between the field descriptions and the geotechnical sample results, AMEC edited the field descriptions to agree with the testing results. 5.0 LABORATORY TESTING The following subsections provide a summary of the chemical and geotechnical testing completed for this investigation. 5.1 CHEMICALTESTING Calscience conducted chemical testing of the composite sediment sample prepared for Semeniuk Slough as indicated in the SAP. The sample was analyzed for general chemistry parameters, metals, and organic chemicals. The analytical method for each analysis is provided in Table B-1. Results of the chemical testing and chain -of -custody documentation are provided in Appendix F. PA160730\Docs\Draft Data Transmittal Reporffleport_NpB_050911.doa amec'9 5.2 GEOTECHNICAL TESTING AMEC and AP conducted the geotechnical testing of sediment samples for physical parameters. Geotechnical testing included grain size and hydrometer analysis by ASTM D422 and Atterberg Limits by ASTM D4318. Sediment samples collected by vibratory coring were tested for grain size, hydrometer, and Atterberg Limits. The grab samples collected along the beach transects were tested for grain size. Hydrometer analyses were performed on selected fine grained units from the beach transect sampling locations. Results of the geotechnical testing and chain -of -custody documentation are provided in Appendix G. 5.3 TIER III BIOASSAY TESTING The Tier III bioassay sample was placed on hold pending the results of the grain size compatibility analysis. Chain -of -custody documentation is provided in Appendix H. 6.0 DATA EVALUATION The following subsections provide a summary of the data quality review, chemical compatibility analysis, and grain size compatibility analysis completed for this investigation. 6.1 DATA QUALITY REVIEW OF CHEMISTRY DATA AMEC and the analytical laboratory followed specific quality assurance/quality control (QA/QC) procedures to evaluate analytical data generated from the vibracore samples. These procedures included the analysis of laboratory duplicate and laboratory spike samples. Calscience, prepared and analyzed laboratory method blanks and matrix spike/matrix spike duplicate (MS/MSD) samples to assess the potential effects of laboratory conditions and analysis. Data accuracy was assessed based on percent recoveries (%REC) from spiked samples, expressed as a percent of the true or known concentration of the assessed constituent. Data precision was estimated by comparing analytical results from duplicate samples by calculating the relative percent difference (RPD) of the two results. Data from these QA/QC samples were evaluated to assess precision, accuracy, completeness, and data usability. The QA/QC review was performed in general accordance with Unites States Environmental Protection Agency (USEPA) Contract Laboratory Program National Functional Guidelines for Organic and Inorganic Data Review (USEPA, 2008 and USEPA, 2010); a summary of the results is presented below. All soil samples and associated QA/QC samples were analyzed within the method holding times. The full QA/QC evaluation is provided in Appendix I. 6.1.1 Accuracy Accuracy was assessed through blank samples, spike recoveries, and surrogate recoveries. AMEC Geomatrix Inc P11607301DoWDraft Data Transmittal Rep0rt\Rep0r1_NPB 050911.docx 10 amec Blanks The QA program included the analysis of laboratory procedural blanks corresponding to each batch of samples. No analytes were detected in procedural blank samples, except for the following analytes: bis(2-ethylhexyl)phthalate, butyl benzyl phthalate, di -n -butyl phthalate, diethyl phthalate, and dimethyl phthalate. Data for these five analytes were qualified as follows: • Bis(2-ethylhexyl)phthalate: The analyte was detected at a concentration less than five times the reporting limit (RL) in the laboratory procedural blank. The reported result in NpB-MCC10 was significantly greater than the RL, therefore no data qualification was necessary. • Butyl benzyl phthalate: The reported sample result was detected above the RL; therefore no data qualification was necessary. • Di -n -butyl phthalate: The result for NpB-MCC10 was reported as the RL and qualified with a U flag (the analyte was analyzed for, but was not detected at a level greater than or equal to the level of the RL for sample and method). • Diethyl phthalate: The result for NpB-MCC10 was reported as the RL and qualified with a U flag. • Dimethyl phthalate: The result for NpB-MCC10 was reported as the RL and qualified with a U flag. Spike Recoveries in MS/MSD Samples Spike recoveries were within laboratory control limits in MS/MSD samples analyzed by the laboratory, with the exception of data associated with polychlorinated biphenyl (PCB) Aroclor 1260 (USEPA Method 8082), beta -BHC, and chlordane (USEPA Method 8081A), and arsenic, copper, nickel, selenium, and zinc (USEPA Method 6020) analyses. The results for the seven analytes were qualified as follows: • PCB Aroclor 1260: The MSD result for the analyte was outside the upper laboratory control limit. The associated result for NpB-MCC10 was qualified as estimated with a J flag. • Beta -BHC: The MS result for the analyte was outside the upper laboratory control limit. The associated result for NpB-MCC10 was qualified as estimated with a J flag. • Chlordane: The MS and MSD results for the analyte (alpha chlordane and gamma chlordane) were outside the upper laboratory control limit. The associate results for SARM10-NpB-02, SARM10-NpB-03, SARM10-NpB-04, and SARM10-NpB-05 were qualified as estimated with a J flag. AMSC Geomatriz Inc. PA1607801Dom\Dmft Data Transmittal Report\Report_NpB_050911.docz 11 a �* • Arsenic: The MS and MSD results for the analyte were outside the lower laboratory control limit, however were within the control limit established in the National Functional Guidelines. No qualification was necessary for the associated result for NpB-MCC10. • Copper: The MS and MSD results for the analyte were outside the lower laboratory control limit. The post digestion spike and post digestion spike duplicate (PDS/PDSD) results were also outside the lower laboratory control limit, therefore the associated result for NpB-MCC10 was qualified as estimated low with a J -flag. • Nickel: The MS and MSD results for the analyte were outside the lower laboratory control limit. The PDS/PDSD results were also outside the lower laboratory control limit, therefore the associated result for NpB-MCC10 was qualified as estimated low with a J- flag. • Selenium: The MSD result for the analyte was outside the lower laboratory control limit, however was within the control limit established in the National Functional Guidelines. No qualification was necessary for the associated result for NpB-MCC10. • Zinc: The MS result for the analyte was outside the upper laboratory control limit. The PDS/PDSD results were outside the lower laboratory control limit, therefore the associated result for NpB-MCC10 was qualified as estimated with a J flag. Surrogate Recoveries All surrogate compound recoveries associated with soil samples were within laboratory control limits, with the following exception for sample SARM10-NpB-05 analyzed for chlordane (USEPA Method 8081A): • Decachlorobiphenyl: The recovery for the surrogate was outside the upper laboratory control limit. The associated chlordane result for SARM10-NpB-05 was qualified as estimated with a J flag. 6.1.2 Precision Precision was assessed through comparison of results for laboratory duplicates. Laboratory Duplicates RPDs were calculated by Calscience for total solids, total volatile solids, pH, ammonia, total sulfides, and dissolved sulfides in the primary and laboratory duplicate samples, and for the MS/MSD pairs associated with sediment samples collected by AMEC. RPDs for the laboratory duplicate sample and associated primary sample were within laboratory control limits. AMEC Geomatrix Inc PA160730tDom\Draft Data Transmittal Report Report_NpE_050911,doa 12 ameO RPDs for the MS/MSD pairs associated with the sediment sample were within QC limits, with the exception of PCB Aroclor 1260. The result for PCB Aroclor 1260 in sample NpB-MCC10 was qualified as estimated with a J flag. 6.1.3 Standard Reference Material For the soil samples collected during the vibratory coring event, a standard reference material (SRM 1944) sediment sample was analyzed and reported with the quality control data in the final data deliverable. The laboratory provided certified reference material results based on the analysis of the National Institute of Standards and Technology SRM 1944, sediment collected from the New York Bay and Newark Bay in October 1994. The results for the SRM analyzed generally fell within the provided quality control limits for each given analyte; however some were exceeded and are noted on the laboratory report (Appendix F). 6.1.4 Completeness Composite soil samples were successfully obtained from each coring location targeted for drilling and sampling. The laboratory reported all requested analyses, and the deliverable data report was complete. In general, the analytical data for this vibracore event are considered valid and usable, and the data are complete in the context of the project objectives. 6.1.6 Data Quality Summary The laboratory quality control results indicate that the sampling and analyses performed in generating data presented in this report were generally consistent with the analytical methods. The results of the data quality review are reflected in the data summary tables. Where appropriate, soil data were qualified based on our review as recommended in the USEPA National Functional Guidelines. The data, as qualified, are acceptable, and can be used for decision making purposes; however, the limitations identified by the applied qualifiers should be considered when using the data. Overall, the data generated during the vibracoring event is suitable for use in determination of conditions at the site. 6.2 CHEMICAL COMPATIBILITY ANALYSIS Chemical compatibility for using dredged sediments from the Semeniuk Slough for beach replenishment/nourishment is evaluated by comparing chemical concentrations to the NOAA Effects Range Low (ERL) and Effects Range Medium (ERM) screening criteria for marine sediments. These sediment quality benchmarks provide concentrations that are intended to be protective of benthic species that live on and in the sediment. They were developed from studies that measured sediment chemical concentrations and toxicity to benthic organisms. The ERL is the lower 10th percentile concentration of the available sediment toxicity data where sediments were shown to be toxic to test organisms. The ERL is typically interpreted as the value at which toxicity may begin to be observed in sensitive species. The ERM is the Pk16073000cstDraft Data Transmittal ReporhReport_Np6 05091 UOU 13 median concentration of the available sediment toxicity data where sediments were shown to be toxic to test organisms (Buchman, 2008). ERL and ERM screening values are not available for all chemicals analyzed in this study. To evaluate potential impacts associated with chemicals that have no ERL or ERM screening values, the sediment concentrations were compared to marine sediment screening values recommended by the Northwest Regional Sediment Evaluation Framework (RSET, 2006). The Regional Sediment Evaluation Team (RSET) is a cooperative state and federal agency team with representatives from state agencies in Idaho, Oregon, and Washington, the USACE, USEPA, U.S. Fish and Wildlife Service, and NOAA. RSET provides screening values (SL1 values) that are intended to identify chemical concentrations that are at or below levels at which there is no reason to believe dredged material disposal would result in unacceptable adverse impacts to benthic organisms. Sediments are assumed to have chemical compatibility for beach replenishment/nourishment if the measured values are below the screening criteria discussed above. This decision is straightforward when the detected concentration or RLs for chemicals reported are below the screening values. In cases where the RLs of non-detected chemicals are above the screening values, the decision has greater uncertainty because the analysis has not conclusively demonstrated that the chemical, if present, is below a level of concern. Chemical(s) that fall into this category are identified below, 6.2.1 General Chemistry Parameters The results of general chemistry parameters in the composite sediment sample (NpB-MCC10) collected from the Semeniuk Slough are summarized in Table 8. No sediment screening values are available for these parameters. As such an ERL, ERM, or RSET evaluation for these parameters could not be performed. 6.2.2 Metals The composite sediment sample (NpB-MCC10) was analyzed for 10 metals, including arsenic, cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, and zinc (Table 9). All concentrations of these metals were below the ERM and ERL screening values, if available. ERL, ERM, and RSET screening values are not available for selenium; however, the measured value of selenium (0.269 milligrams per kilogram [mg/kg]) is below the Puget Sound Dredged Disposal Analysis (PSDDA) bioaccumulation trigger value of 3 mg/kg (PSDDA, 1988). Since no ERM exceedances were observed in the SARM sediments, there is no need to calculate an ERM quotient (ERMq) as described in the SAP. AMEC Geomatrix Inc P:\160730\DocslDraft Data Transmittal Report\Report_NO 050911.doa 14 The composite sediment sample was also analyzed for four organotin compounds, including dibutyltin, monobutyltin, tetrabutyltin, and tributyltin. The results for organotin compounds are summarized in Table 9. These compounds were not detected above the RL of 5.3 micrograms per kilogram (pg/kg). ERL, ERM, and RSET screening values are not available for these compounds. 6.2.3 PCBs The composite sediment sample (NpB-MCC10) was analyzed for 8 PCB aroclors and 44 individual PCB congeners (Table 10). PGB aroclors 1242 and 1260 were detected at 30 tag/kg and 30J* tag/kg (where the J* value indicates that the analyte is qualified as estimated as a result of AMEC's data validation process), respectively. The following PCB congeners were detected in the composite sediment sample. • PCB congener 44 was detected at a concentration of 1.3J tag/kg (where the J value indicates that the analyte was positively identified and the associated numerical value is the approximate concentration of the analyte in the sample). • PCB congener 49 was detected at a concentration of 1.8J tag/kg. • PCB congener 101 was detected at a concentration of 2.1 J tag/kg. • PCB congener 110 was detected at a concentration of 1.6J tag/kg. • PCB congener 149 was detected at a concentration of 2.OJ tag/kg. • PCB congener 153 was detected at a concentration of 2.6J tag/kg. • PCB congener 157 was detected at a concentration of 3AJ tag/kg. • PCB congener 170 was detected at a concentration of 1.3J tag/kg. • PCB congener 180 was detected at a concentration of 1.9J tag/kg. The total concentrations of the 8 PCB aroclors and 44 PCB congeners detected in the composite sediment sample were calculated by Calscience. ERL and ERM screening values for "Total PCBs" were compared to the total concentrations of PCB aroclors and PCB congeners calculated by Calscience. The total PCB aroclors concentration in the composite sediment sample prepared for Semeniuk Slough (60 tag/kg) was above the ERL screening value of 22.7 tag/kg but below the ERM screening value of 180 tag/kg. The sediment concentration for total PCB congeners was below the ERL and ERM screening values. P:\160730\Docs\DraH Data Transmittal Report\Reporl_NpB_050911docu 15 6.2.4 SVOCs The composite sediment sample (NpB-MCC10) was analyzed for 26 polycyclic aromatic hydrocarbons (PAHs), 16 phenols, and 6 phthalates (Table 11). In addition, Calscience calculated the total low molecular weight PAHs (LPAH), total high low molecular weight PAHs (HPAH), and the total concentration of the 26 PAHs (TPAH) that were detected in the composite sediment sample. ERL and ERM screening values are available for 13 of the 26 PAH compounds analyzed in the composite sediment sample (Table 11). ERL and ERM screening values are also available for LPAH, HPAH, and TPAH. RSET values for two of the detected PAH compounds without ERL or ERM screening values (benzo[g,h,i]perylene and indeno[1,2,3-c,d]pyrene) are also available. The sediment concentrations of all individual PAHs with screening values and LPAH, HPAH, and TPAH were below their respective ERL, ERM, or RSET screening values. The RL for acenaphthene (18 tag/kg) was slightly above the ERL screening value of 16 tag/kg but below the ERM screening value of 500 pg/kg. Therefore it is not possible to conclude with complete certainty that acenaphthene is not present at levels that may impact sensitive species because the RL was above the ERL screening value. Two of the 16 phenols were detected above laboratory RLs in the composite sediment sample (NpB-MCC10). 3/4-Methylphenol and 4-chloro-3-methylphenol were detected at 3.2J pg/kg and 3.1J tag/kg, respectively. There is no ERL or ERM screening value for 3/4-methylphenol; however, the measured value was below the RSET value for 4-methylphenol (670 mg/kg). There is no ERL, ERM, or RSET screening value for 4-chloro-3-methylphenol. Five of the six phthalates (bis [2-ethy[hexyl] phthalate, butylbenzyl phthalate, diethyl phthalate, dimethyl phthalate, and di -n -butyl phthalate) were detected at or above the laboratory RLs in the composite sediment sample. No ERL or ERM screening values are available for these phthalates. The detected phthalate concentrations are below the RSET screening values for bis (2-ethylhexyl) phthalate (1,300 tag/kg), butylbenzyl phthalate (63 tag/kg), diethyl phthalate (200 pg/kg), dimethyl phthalate (71 lag/kg), and di -n -butyl phthalate (1,400 pg/kg). 6.2.5 Chlorinated Pesticides Six (4,4' -DDD, 4,4' -DDE, beta -BHC, chlordane, alpha -chlordane, and gamma -chlordane) of the 31 pesticides analyzed were detected in the composite sediment sample (NpB-MCC10; Table 11). 4,4' -DDD was detected in the composite sediment sample at 6.3 tag/kg. This concentration exceeds the ERL screening value for 4,4' -DDD (2 tag/kg) but is below the ERM screening value of 20 tag/kg. 4,4' -DDE was detected in the composite sediment sample at 12 tag/kg. This concentration exceeds the ERL screening value for 4,4' -DDE (2.2 tag/kg) but is PA1607301oocs\Draft Data Transmittal ReporMeport_NpB_050911.docx 16 amec� below the ERM screening value of 27 pg/kg. The concentration of total DDTs, calculated by Calscience, in the composite sediment sample was 19 pg/kg. This concentration exceeds the ERL screening value for total DDTs (1.58 pg/kg) but is below than the ERM screening value of 46.1 pg/kg. DDT metabolites is a widespread legacy contaminant in Southern California and is commonly found in wetland, estuary, harbor, and ocean sediments throughout the region. Beta -BHC was detected in the composite sediment sample at a concentration of 2.3J` pg/kg. There is no ERL, ERM, or RSET screening value for this pesticide. Chlordane was detected in the composite sediment sample at 25 pg/kg. This concentration exceeds the ERL (0.5 pg/kg) and ERM (6.0 pg/kg) screening values for chlordane. There is no RSET screening value for chlordane. In order to characterize the spatial distribution of chlordane within the Semeniuk Slough, the chemical archive sediment samples were analyzed for chlordane (Table 11). Chlordane was detected in four of the five chemical archive samples (SARM-NpB-02 [140J pg/kg], SARM-NpB-03 [11J pg/kg], SARM10-NpB-04 [15J pg/kg], and SARM-NpB-05 [19J pg/kg]). These concentrations exceed the ERL and ERM screening values for chlordane. The chlordane RL (15 pg/kg) for SARM-NpB-01 is above ERL and ERM screening values for chlordane. The method detection limit (6.2 pg/kg) is also above the ERL screening value but only slightly above the ERM screening value for chlordane. The chlordane concentrations detected in the chemical archive samples appear to be associated with the storm drain outfall zones within the Semeniuk Slough. Chlordane was commonly used from 1948 to 1983 as an insecticide for crops; lawns, and domestic gardens. It was also used for termite control until 1988 when the USEPA banned all uses of chlordane in the United States. Based on the historical and relatively recent use of chlordane, the detections reported in the sediment samples collected from the Semeniuk Slough are most likely due to commercial and residential use of chlordane. Residual chlordane from the surrounding area may have been transported to the Semeniuk Slough through the storm drains. Alpha -chlordane and gamma -chlordane were detected in the composite sediment sample at 6.6 pg/kg and 3.1 pg/kg, respectively. There are no ERL, ERM, or RSET screening values for these pesticides. The pesticides 4,4' -DDT and dieldrin were not detected in the composite sediment sample but the RLs achieved by Calscience were above their respective ERL screening values. Therefore it is not possible to conclude with complete certainty that these chemicals are not present at levels that may impact sensitive species because the RLs were above their respective ERL screening values. The RL values for 4,4' -DDT and dieldrin were below their respective ERM screening values. AMEC Geomatrix Inc P5160730\Docs\Draft Data Transmittal Report\Report_Np8_050911,docx 17 6.2.6 Chemical Compatibility Results Based on the chemical analysis of the composite sediment sample and comparison to sediment screening values for the protection of benthic organisms, the SARM sediments from Semeniuk Slough may be compatible for beach replenishment/nourishment actions. Only total PCB aroclors, DDT metabolites (4,4' -DDD, 4,4' -DDE, and total DDTs), and chlordane were detected at concentrations that exceeded their respective ERL screening values. The concentrations of total PCB aroclors and DDT metabolites did not exceed their respective ERM values. Therefore, it is unlikely that total PCB aroclors and DDT metabolites would pose a substantial threat to benthic organisms. The concentration of chlordane exceeded the ERM value. Acenaphthene, 4,4' -DDT, and dieldrin had RL values that exceeded their respective ERL screening values, which creates some uncertainty in making a compatibility decision. It is not possible to determine with certainty that these chemicals are not present at concentrations that exceed their respective ERL screening values. The RL values for these compounds were below their respective ERM screening values. Chlorinated pesticides are ubiquitous in many Southern California marine environments, particularly in bays and estuaries (Schiff at al., 2006). The occurrence of these chemicals is widespread due to their use in agriculture to control pests; as a result of aerial deposition; and as a consequence of the manufacture of these chemicals locally and their accidental or illicit disposal. Due to their persistence, it is not uncommon to encounter pesticides at low levels in the marine environment, particularly in locations such as bays and estuaries that drain agricultural areas. However, the presence of these chemicals in trace amounts would not be expected to result in deleterious impacts at the West Newport Beach replenishment/nourishment areas. With the exception of chlordane, comparing the chemical levels in the SARM sediment composite from Semeniuk Slough to available guideline levels indicates that the proposed sediments would have no or minimal toxicity impacts on benthic organisms at the West Newport Beach replenishment/nourishment areas. Although the chemicals tested for this study do not constitute a complete list of all the potential contaminants that may occur in the study area, it does represent the contaminants of concern that are most commonly observed in coastal areas and were identified in the project -specific SAP. Based on the reported chlordane concentrations, further evaluation of chlordane may be warranted for the potential use of dredge sediments from the Semeniuk Slough for beach replenishment/nourishment with the receiving beach sediments at West Newport Beach. AMEC Geomatrix Inc P1160730\Docs\Drafl Data Transmittal Rep0MRep0rt_NpB_05091 i.docx 18 6.3 GRAIN SIZE COMPATIBILITY ANALYSIS AMEC performed a grain size compatibility analysis on the samples collected from Semeniuk Slough. This designated area has been defined based on projected dredge depth and the marsh geometry. The guidelines used and the results of the compatibility analysis are provided below. 6.3.1 USAGE Guidelines The Los Angeles Section of the USAGE has established quantitative guidelines for determining the compatibility of dredge sediments (Semeniuk Slough) with a proposed receiving beach area (West Newport Beach; USAGE, undated). Grain size distribution envelopes are developed for the receiving area sediments that represent the finest and coarsest gradation limits between and including the 9.50 mm (3/8") and 0.075 mm (#200) sieves. A composite gradation curve is then developed for each designated area, where a composite gradation is defined as the mean gradation (weighted average) of all sediment types encountered in a designated area. Dredged sediments in a designated area having a composite gradation curve that falls within the finest and coarsest gradation envelopes of the receiving area are considered to be grain size compatible with receiving area sediments. Dredged sediments can also be considered compatible with the receiving sediments if dredged sediments are coarser than the coarsest limit envelope of the receiving sediments and not restricted for aesthetic reasons, and the amount of material passing the No. 200 sieve on a composite gradation curve does not exceed the finest limit of the receiving sediments by more than 10 percent. 6.3.2 Soil Descriptions The lithologic sediments encountered in Semeniuk Slough were predominately sand, silt, and clay. Based on the grain size data, presented in Table 12 and Appendix G, the approximate range in percentage of fines passing No. 200 sieve for Semeniuk Slough is approximately 3 to 96 percent. Atterberg limits for sediment samples are presented on Table 13. The lithologic sediments encountered in the beach transect grab samples were predominately poorly graded sand, while two of the samples primarily consisted of silt (Table 14 and Appendix G). 6.3.3 Grain Size Compatibility Results The finest and coarsest gradation limits for the receiving beach sands are shown on Figure 4 and summarized in Table 15. The fines content (passing No. 200 sieve) of the beach sand ranges from approximately 0 to 73 percent. AMEC Geomatriz Inc P1160730\Docs\Dr8ft Data Transmittal RepoMRepor1_Np8 050911.doa 19 The composite gradation for Semeniuk Slough is shown on Figure 5 and summarized in Table 15. The mean percentage of fines passing the No. 200 sieve for Semeniuk Slough was 65 percent. Based on the USACE guidelines, the dredge sediments from Semeniuk Slough are physically compatible with sediments on the receiving beach and nearshore area. 7.0 TIER 111 BIOASSAY As requested by the City, the Tier III bioassay sample was not analyzed. 8.0 SUMMARY AND CONCLUSIONS The work described herein was designed to evaluate potential dredged material from the Semeniuk Slough, a channel within the SARM, for beach replenishment/nourishment at West Newport Beach and West Newport Beach nearshore. During this investigation, AMEC collected sediment cores using the vibracore method from Semeniuk Slough and submitted them to laboratories for chemical and geotechnical testing. In addition, AMEC collected beach transect grab samples from two USACE-designated transects in West Newport Beach for geotechnical testing. The data generated in this investigation were used to complete chemical and grain size compatibility analyses in accordance with the SAP. Only total PCB aroclors, DDT metabolites (4,4' -DDD, 4,4' -DDE, and total DDTs), and chlordane were detected at concentrations that exceeded their respective NOAA ERL screening values in the composite sediment sample collected from Semeniuk Slough. However, it is unlikely that these chemicals would pose a substantial threat to benthic organisms because the concentrations did not exceed their respective NOAA ERM screening values, except for chlordane. In addition, they were below the threshold concentration considered to be protective of benthic organisms by RSET, if available. Chlordane was detected at concentrations that exceeded the NOAA ERL and ERM screening values in the chemical archive sediment samples collected from Semeniuk Slough. Based on the reported chlordane concentrations, further evaluation of chlordane may be warranted for the potential use of dredge sediments from the Semeniuk Slough for beach replenishment/nourishment with the receiving beach sediments at West Newport Beach. A few of the non-detected chemicals had RL values that exceeded their respective ERL screening values, which creates some uncertainty in making a compatibility decision. However, the RL values for these compounds were below or slightly above their respective ERM screening values. One receiving beach area envelope was developed for West Newport Beach and a composite gradation curve was prepared for Semeniuk Slough. Based on the grain size compatibility P11607300ocslDraft Data Transmittal Report\Report_NpB_050911.docx 20 analysis, potential dredged sediments in Semeniuk Slough are suitable for beach replenishment/nourishment at West Newport Beach. Results of this investigation indicate that dredge sediments from the Semeniuk Slough appear physically compatible for beach replenishment/nourishment with the receiving beach sediments at West Newport Beach. Further evaluation of the chemical compatibility for beach replenishment/nourishment with the receiving beach sediments at West Newport Beach may be warranted based on the chlordane concentrations detected. 9.0 REFERENCES AMEC Geomatrix, Inc., 2011 Data Transmittal Report, Santa Ana River Marsh Investigation, Newport Beach, CA, pending. Buchman, M.F., 2008, NOAA Screening Quick Reference Tables: NOAA OR&R Report 08-1, Seattle Washington, Office of Response and Restoration Division, National Oceanic and Atmospheric Administration, 34 pages. Puget Sound Dredged Disposal Analysis (PSDDA), 1988, Evaluation Procedures Technical Appendix, Phase I (Central Puget Sound): U.S. Army Corps of Engineers, Seattle District, Seattle, Washington. Regional Sediment Evaluation Team (RSET), 2006, Northwest Regional Sediment Evaluation Framework, Interim Final: Prepared by U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Washington State Department of Ecology, Washington Department of Natural Resources, Oregon Department of Environmental Quality, Idaho Department of Environmental Quality, National Marine Fisheries Service, and U.S. Fish and Wildlife Service, htto://www.clu- Schiff, K., Maruya, K., Christenson, K., 2006, Southern California Bight 2003 Regional Monitoring Program: II. Sediment Chemistry, June. U.S. Army Corps of Engineers [USACE], 2006, CECW-P/CECW-0, Memorandum For Commanders, Major Subordinate Commands, Assuring the Adequacy of Environmental Documentation for Construction and Maintenance Dredging of Federal Navigation Projects, January 17. U.S. Army Corps of Engineers [USACE], undated, Requirements for Sampling, Testing, and Data Analysis of Dredged Materials. USACE, 2007, ERDC/TN EEDP-04-37, Overdepth Dredging and Characterization Depth Recommendations, June. USACE, 2010a, Scope of Work, Santa Ana River Marsh Maintenance Dredging Project, Contract No. W912PL-10-D-0022, AMEC, August 4. AMEC Geomatrix Inc PA1607300ocs%Draft Data Transmittal ReportlReport_Np6 050911.docx 21 USACE, 2010b, Modification to the Scope of Work, Santa Ana River Marsh Maintenance Dredging Project, Contract No. W912PL-10-D-0022, AMEC, December 6. USACE & USEPA (U.S. Environmental Protection Agency), 1993, Draft Regional Implementation Agreement (RIA) for the Evaluation of Dredged Material for Ocean Disposal, 19pp, April 13. USEPA & USACE, 1991, Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual, USEPA-503/8-91/001, February. USEPA, 2008, USEPA Contract Laboratory Program National Functional Guidelines for Superfund Organic Methods Data Review, Final, Office of Superfund Remediation and Technology Innovation, Washington, D.C., June. USEPA, 2010, USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Data Review, Final, Office of Superfund Remediation and Technology Innovation, Washington, D.C., January. P11607300omkDraft Data Transmittal ReporhReport_NpB 05091 i.dou 22 ame ' TABLES ameO DRAFT TABLE 1 COORDINATES OF VIBRACORE LOCATIONS Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California Location Vibratory Core Location ID Date Northing feet Easting' feet Latitude DD Longitude DD SARM10-N B-01 1/26/2011 2177868.82 6044648.22 33.63219000 -117.94861833 Semeniuk SARM10-N B-02 1!26/2011 2177615.43 6044824.72 33.63150167 -117.94802500 Slough SARM10-N B-03 1/26/2011 2177203.30 6045028.58 33.63037833 -117.94733333 SARM10-N B-04 1/26/2011 2176872.07 6045105.89 33.62947167 -117.94706167 SARM10-N B-05 1/26/2011 2176347.96 6045071.99 33.62803000 -117.94714500 Notes: 1. Northings and eastings are referenced to California State Plane, Zone 6. 2. Latitudes and longitudes are in decimal degrees (DD) and are referenced to North American Datum of 1983 (NAD 83). AMEC Geomatrix, Inc. P.M60730tDocsTratt Dala Transmittal ReporATables 1A i NpB.xls Page 1 of 1 F LL N W J m F o n o M o n M m n M o o n n r N 0 o M o m M m m M o o m m m in y o�oMomMmmMoommmr D o.-omm.q-mm.-m oin �om�r .o. pmvmi umi��yi �i � vm qm rnOmmrnmm3�rnrn m n rn wm r rnq J---------------- M M n M n f0 n O n n M O r O and Ono m M M m M m 0 a O m m M O m m Imo W CM9�Mm0 M�OfmO�y��p Ofp � N o G io� tmO�mcmY Cwt i[i �i so mNNNw ���tNo��tNo�mm��mm�� J MmcMi MaM'1MC1M�� [MnnMnMi tM�1M m M M O m O n v m m O M m m m O n N M m n 14: r M N V C m r O M r m O 0 O V M �G OMmmmmm N NN N N NN N N I(Imm N N N mM o M M NN M M a v o a v v v a v a a v v v v a 0 to 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m MO m m N m O m m O m m[ V m 'gym r l q' N m m M O O m m 0 I V M N C O m O 0 si' N IV M I� m O m l!) n f0 V C m sf O 0h m o m < CV r C') m L O r O n N M n ti mn- O n m n m n O m n 0 n V n OID n a la. n Z N N N N N N N N N N N N N N N N "=3 E O J n m m m N m.m m m N rd N � O � C NC?FIT 0. > n a N + + a o w w Q m -N<?q'm (Qn OD C M m(4n o? N N N N N N N N d d d d O d O d d d d d d d d d w ,<<<<<< zzzzzzzzz Q Q Q I Q zzz ----- z Wmmmmmmmmmmmmmmmm 3333333333333333 N U rl C O La c La 2 U F F- J U u m m � � ( § to LU � {CL § ! amec� DRAFT TABLE 4 CALCULATED RATE OF PENETRATION FOR VIBRACORE BORINGS Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California Notes: 1. Where multiple vibratory cores were collected at a location, the longest core recovered was photographed, logged, and sampled. 2. Two cores were collected at this location. AMEC Geomatrix, Inc. Ph1607300ocs\Draft Data Transmittal Reporffables 7-17 Npaxls Page 1 of 1 Penetration Depth of Time Rate of Vibratory Core Penetration (minute: Penetration Location Location ID' Date (feet) seconds) (feeVminute) SARM10-N B-01 z 1/26/2011 8.0 1:30 5.3 SARM10-N B-02 2 1/26/2011 7.0 1:30 4.7 Semeniuk Slough SARM10-N B-03 1/26/2011 7.0 1:30 4.7 SARM1004 1/26/2011 6.5 1:30 4.3 M10_41�3AR 1!26/2011 7.5 1:30 5.0 Notes: 1. Where multiple vibratory cores were collected at a location, the longest core recovered was photographed, logged, and sampled. 2. Two cores were collected at this location. AMEC Geomatrix, Inc. Ph1607300ocs\Draft Data Transmittal Reporffables 7-17 Npaxls Page 1 of 1 i DRAFT TABLE 5 MUDLINE ELEVATIONS AND CORE RECOVERY FOR VIBRACORE BORINGS Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California Notes: 1. Where multiple vibratory cores were collected at a location, the longest core recovered was photographed, logged, and sampled. 2. Time is when depth to water was measured and is in Pacific Standard Time. 3. Estimated mudline elevations of the vibratory core locations are relative to Mean Lower Low Water (MLLW) level and are based on the U.S. Army Corps of Engineers, Los Angeles District April/May 2010 bathymetric survey. 4. Two cores were collected at this location. AMEC Geomatrix, Inc. PA1607=0ocsOralt Data Transmittal ReporIXTables 1-01 NpBsis Page 1 of 1 Estimated Mudline Length of Core Vibratory Core Elevation a Recovered Location Location ID' Date Times (feet MLLW) (feet) SARM10-N B-01 ° 1/26/2011 821 0.5 5.4 SARM10-N B-02" 1/26/2011 8:48 -0.1 5.7 Semeniuk Slough SARM10-N B-03 1/26/2011 9:21 -0.2 5.7 SARM10-N B-04 1/26/2011 9:35 -0.6 5.4 SARM10-NpB-054 1/26/2011 10:20 0.3 6.2 Notes: 1. Where multiple vibratory cores were collected at a location, the longest core recovered was photographed, logged, and sampled. 2. Time is when depth to water was measured and is in Pacific Standard Time. 3. Estimated mudline elevations of the vibratory core locations are relative to Mean Lower Low Water (MLLW) level and are based on the U.S. Army Corps of Engineers, Los Angeles District April/May 2010 bathymetric survey. 4. Two cores were collected at this location. AMEC Geomatrix, Inc. PA1607=0ocsOralt Data Transmittal ReporIXTables 1-01 NpBsis Page 1 of 1 F - LL a L 3 a �46 C o u as o w w C O J a o O O O O O o m ` >> c w U W O w O w W d C w w2 w o= Sa m 0 L N cu co � L_ E N u > ui uj vi �i ui w w W EEM "`o'm 33 0W W a m Ev m m T C 6 m.sN N O c c U y YI > O w > -O. N C J E N o N Cj t0 o M 3 > o U 0O J U 0 g w m 0 0 C Un o Ew 8E v a W w o 0- m L-00 p M m W C c m m m o m O J 0.'5 'w d - u > > '_E y�C cwa m C« >J E> v F E Q E E E N W - t0 N f0 M �w — ME 'c Ew> 4 4 q m C h n V N w L 10 .-- h U) Yl Ul (G a 3 w U m u 0- m N w o Q g Cje o y N 6 o 0 0 a° o N� 0 0 0 0 0 n 0 0 0 0 0 N p ~ a w ro E a o E i U y y Q 1- y m m m Ea°1 o U E U N Z N M Q i0 O cb d m m m w Q. Z 6 Z O. Z O. Z O Z a d d d d d a N 0 0 0 0 {[03V 992m9 U n n a m Z p Z Z Z d Z d Z o d d d o c D J N y m N y c O -r �L w C O1 w 'o u J w V m �46 C o c E m oa C) w U W d -6 w w2 w o= Sa m 0 L N cu co � L_ E N 8c E O aoui mw �" a N Y w N t L p w w U r C C N EEM "`o'm 33 0W W m Ev m m T C 6 m.sN N O c c U y YI > O w > -O. m� du9a d o m omWm«L ui O of J d 0 D m Ew m a w U 0O J U 0 0 C Un o Ew 8E v a v o 0- m L-00 p M m W C 0 o -� c 60 m N w 3m W A C V u'u 2_m 0.'5 'w d - u > > '_E y�C cwa m a m U - u 12 o J J N oN Q m@ -gnE?-o u m> 2 m 9 w ME 'c Ew> ad co 3 mw o3�t0 1Oav 3 m wo � o. m U m O N O E N O 7 0 C L d y U 1Q w U 3 w U m u 0- m N w o Q g m02— o y N 6 o 0 0 a° o w a 5 w w Co C U a S O � m � n m OwO U O N C L O .� m 0 '.. j '6 - 6 m 2 w v _O w ou E� TO OY `•L.. w O i O m.2 w w & rc E m3m0- w=°' wWOZErw F O c a E E�c�c`o E� a T N o aw`>>&E-. udmm0 =o. E?u N 9 'al O UgLw.Fmw<— $ o Z� N o') VN fp a � � k § 76 U) j f)Cc ±E c- < cu zc m 20))■/2/DPPt/§D �o0o ru L6 ui %)){\7\) 0.00 7)k�»23z2Q»»6S j;uj 4C\i \)% /\\\\\\\\\\\\ /\\/ E06 00\\\}/\}\ to`��S2t22;&QS2 })\\\\\\\\\\ )f If§ƒ§!fƒII /}\\\\\0 �§§\§§\)§)§ }\ ƒ co \ m 16 ~ Of £� \ $ \ ± $ j \\ L WTI "'4 DRAFT TABLE 8 CONCENTRATIONS OF GENERAL CHEMISTRY PARAMETERS IN SEDIMENT SAMPLE Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California General Chemistry Units N B-MCC10 Ammonia as N 1 mg/kg dwt s 6.9 HEM. Oil & Grease 3 mg/kg dwt 97 HEM -SGT: TRPH ° mg/kg dwt 64 Percent Solids % 5 56.6 pH pH Units 8.14 Dissolved Sulfides mg/kg dwt <0.10 5 Total Sulfides mg/kg dwt 210 Total Organic Carbon % dwt 7 1.2 Total Volatile Solids % dwt 2.3 Notes: 1. N =nitrogen. 2. mg/kg dwt = milligrams per kilogram dry weight. 3. HEM = n -hexane extractable material. 4. HEM -SGT TRPH = n -hexane extractable material - silica gel treated, total recoverable petroleum hydrocarbons. 5. % =percent. 6. < = not detected at or above the laboratory reporting limit indicated. 7. % dwt =percent dry weight. AMEC Geomatrix, Inc. P:\1607300=s\Draft Data Tmsmittal Report\Tables 1-11 NpBAs Page 1 of 1 amec' DRAFT TABLE 9 CONCENTRATIONS OF METALS AND ORGANOTIN COMPOUNDS IN SEDIMENT SAMPLE Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California Analytes Units I N B-MCC10 NOAA ERL NOAA ERM x Metals Arsenic mg/kg dwt 3 4.26 8.2 70 Cadmium mg/kg dwt 0.491 1.2 9.6 Chromium mg/kg dwt 27.5 81 370 Copper mg/kg dwt 24.3J --*4 34 270 Lead mg/kg dwt 35.7 46.7 218 Mercury mg/kg dwt 0.0605 0.15 0.71 Nickel mg/kg dwt 15.6J-* 20.9 51.6 Selenium mg/kg dwt 0.269 s -- Silver mg/kg dwt 0.170) 6 1.0 3.7 Zinc mg/kg owl 108J* 7 150 410 Organotin Compounds Dibutyltin ljq kq owl 6 <5.3 9 — Monobutyltin pg/kg dwt <5.3 — Tetrabutyltin pg/kg dwt <5.3 — Tribut Itin pg1kg dwt <5.3 Notes: 1. NOAA ERL = National Oceanic and Atmospheric Administration Effect Ranges Low, 2. NOAA ERM = National Oceanic and Atmospheric Administration Effect Ranges Medium. 3. mg/kg dwt = milligrams per kilogram dry weight. 4. J-* = The analyte is qualified as estimated, but the result may be biased low as a result of AMECs data validation process. 5. -- = NOAA ERL and NOAA ERM values are not available for this analyte. 6. J = The analyte was positively identified; the associated numerical value is the approximate concentration of the analyte in the sample. 7. J* = The analyte is qualified as estimated as a result of AMECs data validation process. 8. pg/kg dwt = micrograms per kilogram dry weight. 9. < = not detected at or above the laboratory reporting limit indicated. AMEC Geomatrix, Inc. P11607300=s\Dralt Data Transmittal Reportffa les 1-11NpB.xls Page 1 of 1 amec� DRAFT Wa:3111146n CONCENTRATIONS OF PCB AROCLORS AND PCB CONGENERS IN SEDIMENT SAMPLE' Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California (Results reported in pg/kg dwt) 2 Analyte N B-MCC10 I NOAA ERL' NOAA ERM" Aroclors Aroclor 1016 <18 6 --6 -- Aroclor 1221 <18 - - Aroclor 1232 <18 -- -- Aroclor 1242 30 -- Aroclor 1248 <18 - -- Aroclor 1254 <18 - -- Aroclor 1260 * 7 -- - Aroclor 1262 <18-- -- Total PCB Aroclors 60 22.7 180 Congeners PCB 8 <8.8 - -- PCB 18 <8.8 -- -- PCB 28 <8.8 - -- PCB 37 <8.8 -- -- PCB44 1.3j 8 -- -- PCB 49 1.81 -- - PCB 52 <8.8 - -- PCB 66 <8.8 -- -- PCB 70 <8.8 - -- PCB 74 <8.8 -- -- PCB 77 <8.8 -- -- PCB 81 <8.8 -- -- PCB 87 <8.8 -- -- PCB 99 <8.8 -- -- PCB 101 2.1J — -- PCB 105 <8.8 -- - PCB 110 1.61 -- -- PCB 114 <8.8 -- -- PCB 118 <8.8 -- -- PCB 119 <8.8 -- -- PCB 123 <8.8 -- -- PCB 126 <8.8 -- PCB 128 <8.8 -- -- PCB 138/158 <8.8 -- -- PCB 149 2.OJ -- -- PCB 151 <8.8 -- -- PCB 1532.6J -- -- PCB 156 <8.8 -- -- AMEC Geomatrix, Inc. P M07301Docs\Draft Data Transmittal Report\Tables 1-11 NpB.xls Page 1 of 2 DRAFT TABLE 10 CONCENTRATIONS OF PCB AROCLORS AND PCB CONGENERS IN SEDIMENT SAMPLE' Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California (Results reported in ug/kg dwt) 2 Analyte I N B-MCC10 NOAA ERL 3 NOAA ERM" Con eners continued PCB 157 3AJ -- -- PCB 167 <8.8 -- -- PCB 168 <8.8 -- -- PCB 169 <8.8 PCB 170 1.3J PCB 177 <8.8 PCB 180 1.91 PCB 183 <8.8 -- PCB 184 <8.8 PCB 187 <8.8 - PCB 189 <8.8 -- PCB 194 <8.8 — PCB 195 <8.8 PCB 201 <8.8 PCB 206 <8.8 PCB 209 <8.8 -- -- Total PCB Congeners 18 22.7 180 Notes: 1. PCB = polychlorinated biphenyl. 2. Ng/kg dwt = micrograms per kilogram dry weight. 3. NOAA ERL = National Oceanic and Atmospheric Administration Effect Ranges Low. Concentrations that are equal to or exceed the screening level are shown in BOLD. 4. NOAA ERM = National Oceanic and Atmospheric Administration Effect Ranges Medium. Concentrations that are equal to or exceed the screening level are shown in BOLD. 5. < = not detected at or above the laboratory reporting limit indicated. 6. -- = NOAA ERL and NOAA ERM values are not available for individual PCB Aroclors or PCB congeners. 7. J` = The analyte is qualified as estimated as a result of AMECs data validation process. 8. J = The analyte was positively identified; the associated numerical value is the approximate concentration of the analyte in the sample. AMEC Geomatrix, Inc. P:11607300MMOrall Data Transmittal Repoa\Tables 1-11Npexls Page 2 of 2 DRAFT TABLE 11 CONCENTRATIONS OF SEMIVOLATILE COMPOUNDS AND PESTICIDES IN SEDIMENT SAMPLE Santa Ana River Marsh Investigation SemeMuk Slough Newport Beach, California (Results reported in ucalvi dw0' nal to N B-MCC10 $ARM -N 8 01 SARM-N B-02 SARM-N B-0 SARM-N B-04 SARM-N B-05 NOAA ERLr NOAA ERM' aphthalene 2.2Jshenarthrene <18°elh naphthalene U <18h Ina hthalene 8.3J — — —— a htlalene 3.W 70 670 ene <18 — - -- — — 16 500 lane c18 -- — — 44 640 Anthracene 2AJ — 85.3 1100 Benz a anthracene 14J 261 1600 senzofajpy,em 26 — — — -- 430 1600 Benzo b uoranlhene 26 1— Benzolelpymne I 17J — — — - - Bermcfg.h.11perylene 32 — — - BenzolkInuoranthene 21 Benzoic Acld <180 Biphenyl 121 — — — — — -- Chrysens 18 — — 384 2800 Dibenzia.hianthracene 6.3J -- 63.4 260 Dioenzothiophene <18 — — - - — Fk wanthene -- - 22600 — - 5100 Fiswene <18 -- — -- 19 540 Indsno 1,2,3 .d p rene 23 — — Naphlhalene 3.9.1 — — — 160 2100 Perylene 9.5.1 — — — Phenanitvene 11J — — 240 1500 Pyrene 28 665 2600 Total LPAHa 23 — 552 3180 Total HPAH s 220 _ _ _ _ -- 1700 9600 TPAH 10 240 — — — — 4022 44,792 Phenole 2,14,6-Tetrachlwophenol <18 — — 2,4.5-Tdchlwophenol <18 — — - — 2A,6-Tdchlwaphenol <18 — - -- — 2,4-Dichloro henol <18 -- — -- 2.6-Dichlw henol <18 — 2.4 -Dimethylphenol <18 — — - — 2.4-Dinlimphenol <880 — -- — 2 -Chlorophenol <18 — — — - 2-Meth-4,6-Dlnitro enol <880 - — - 2 -Meth (phenol 08 — — — - — 2-Nitrophenol 1 <18 — — — — — 3WMethyiphenol I 3.2J - — -- — — - 4-Chlwtr3-Meth henol I 3.IJ - — — - - - 4 -NI hend <880 Pentachlorophenol <880 -- - — Phenol <18 AMEC Geomald., Inc. > nemsmcoo. a,nc.m r,�,�:mm�ae�mvei.:rna.: r.... Page i of 2 amec� DRAFT TABLE 11 CONCENTRATIONS OF SEMIVOLATILE COMPOUNDS AND PESTICIDES IN SEDIMENT SAMPLE Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California )Results reported In pgfkg dwp' Anal to N B-MCC10 SARM-N B-01 SARM-N e-02 SARM4J 8-03 SARM-N B -0d SARM-N S -OS NOAA ERL2 NOAH ERM' Phthalates Six(2-Elhyfliexyl) phUWate 140 Bunylbenzyl Phlhalala 39 - Diethyl Phthalate 18U'" Dimethyl Phthalate 18U' Di -n -butyl Philistine 18U' Di-nactyl Ph salate <18 - - Pesticides 2.4' -DDD 0.8 2,4' -DDE <1.8 - - - - - - 2,4' -DDT <1.8 4,4' -DDD _ - - 6.3_ - 2 20 4,4' -DDE - 12 -- _ 2.2 27 4.4' -DDT <1.8 1 7 Total ODTe 19_ _ - _ 1.58 46.1 Aldrin <1.8 -- AI ha -BHC <1.8 Beta -BHC 2.3'ra - Delta -BHC <1.8 - Gamma -BMC <1.8 Chlordane 25 <15 140J 11J 151 191 0.5 6 Alpha -Chlordane 6.8 Gamma -Chlordane 3.1 cls-Nonachlor <1.8 Decibel DCPA <18 Dieldrin -1.8 0.02 8 Endosueen Sulfate <1.8 Endosulfan4l <1.8 Endisulfan-I <1.8 - Endrin 0.8 Endrin Aldehyde <1.8 Endrin Ketone <1.8 - He chlor laHeptachlor Q.8 Epwlda <1.8 Methmrychlor <7.8 Mirex <8.8 Oxychtordane <1.8 - - - - Pedhane q8 Toxa hene <35 trans-Nonachlor <1.8 Notes: 1. pglkg dwt = micrograms par kliogram dry weight. 2. NOAA ERL = National Oceanic and Atmospheric Administration Effect Ranges Low. Concentrations that are equal to or exceed the screening level are shown In BOLD. 3. NOAH ERM = National Oceanic and Almospheric Administration Effect Ranges Medium. Concentrations that are equal to or exceed the screening level are Minim InBOLD. 4. PAHs= polynuclear aromatic hydrocarbons. 5. J = The analyte was positively Identified; the associated numerical value is the approximate concentration of the analyte In the sample. 6. -- - nor analyzed or NOAA ERL and NOAA ERM values are not available for this analyte. 7. <= not detected at or above the laboratory reporting limit (RL) indicated. 8. LPAH - Low-molecular-wei9hl PAH, 9. HPAH=High-mdewlar-weight PAHs. 10. TPAH = Trial PAHs. 11, U-= The analyle was positively Identified, but was not detected are concentration greater than or equal to the laboratory RL as a result of AMECs data validation process. 12. J' = The analyle is qualified as estimated as a result of AMECs data validation process. AMEC Geomaldx, Inc. evomvooawano�u ranxsw�aowmr.wsnee�., i.nxna Page 2 of 2 "I��������m���m�m�� v�m li: tilml0 m�9�m N veilm wI1I0Itq `rl mlw ml> NIS m 3 4: 1mlrIq lmlmlm 0 �I[7ImIO�ImI�ImIOfIG�Ie- E �IImIvImlmlmlNlwlmlmlNmi N 0 0 0 9 N 0 V V' N 0 0 9 0 0 0 9 0 m m m m m m m m m m n n n n n n n n n o Z Z Z Z Z Z Z Z Z Z Q Q Q Q Q Q Q Q Q Q UI UJ f7 4l N y flJ Ul N � E a o n rn m ry M1 m r m a �E n n � m rn rn m m rn m rn v e o in O m rn r 7 O aiO o h m m M1 (p rn m m m rn N v (O rn N rn m m N m O E N C m E m r m r N N m O N m >� •� u rn m m m rn m rn � m r o U a ca p p m m co m m m of rn w p m m of m O of m vi m m E a �p (n Q y rn m m rn a m o m rn W Z c E o E r m o m c� m rn Of r OI N m m o O p O in f0 #p p m m rn rn m m o m N N N o U E E O1 N N W Of d' G O O N # O O O Ol Q) OI m m O O m m m rn rn m m m m m N E E o 0 o 0 0 0 o m � m m �� 0 � •- r rn m� m N 0 0 0 9 N 0 V V' N 0 0 9 0 0 0 9 0 m m m m m m m m m m n n n n n n n n n o Z Z Z Z Z Z Z Z Z Z Q Q Q Q Q Q Q Q Q Q UI UJ f7 4l N y flJ Ul N � ameO DRAFT TABLE 13 ATTERBERG LIMITS FOR SEDIMENT SAMPLES Santa Ana River Marsh Investigation Semeniuk Slough Newport Beach, California Location Vibratory Core Location ID Sample ID Date Liquid Limit (LL) Plastic Limit IF Plasticity Index (PI) SARM 10-NpB-01 SARM 10-NpB-01-G 1 1/26/2011 37 19 18 SARM10-NpB-01-G2 1/26/2011 NP' NP NP SARM10-NpB-02 SARM10-NpB-02-G1 1/26/2011 35 20 15 SARM10-NpB-02-G2 1/26/2011 45 19 26 Semeniuk Slough SARM10-NpB-03 SARM10-NpB-03-G1 1/26/2011 71 28 43 SARM10-NpB-03-G2 1/26/2011 NP NP NP SARM 10-NpB-04 SARM10-NpB-04-G1 1/26/2011 63 23 40 SARM10-NpB-04-G2 1/26/2011 50 29 21 SARM10-NpB-05 SARM10-NpB-05-Gt 1/26/2011 77 27 50 SARM10-NpB-05-G2 1/26/2011 NP NP NP N ote: 1. NP = non -plastic AMEC Geomatrix, Inc. P:\160730\Docs\Draft Data Transmittal Report\TablesiTables 12-15 NpB_geotech.xlsx Page 1 of 1 V W J m F m N V�#1 oll `�I NIuNSI t� nOl�lolfmOl yl�101�lolol NO 'Cm 1v1m1N1o1cq cqIpI °InIoIIIpIOR OR1p WIs rn m nl mlQ QI O�m N w NI4 VIn 68; m�mll� m�m�m�F�m�m���m�m17 �m�0 m� p n n N N A O m 0" rn N rn M N N� 0 0 m m of of rn ro n o ai ai n so 0 ni E n - m rn rn m m rn rn - rn rn rn 0 rn m � o E v E cNi rn m v ci o m m x: M ni o �� •- m rn rn rn � rn 0 - rn rn rn m .- m E m O m n� N M M m� ffpp N N� it m 6m1 M T N C E p E m O O M O V M M m V M M N rn # Oi 6 vi M M OI V m N m O m w 10f1. rn rn m rn N n M m rn rn m O m WIs rn m nl mlQ QI O�m N w NI4 VIn 68; m�mll� m�m�m�F�m�m���m�m17 �m�0 m� p n n N N A O m 0" rn N rn rn N N� 0 0 m m of of rn ro n o ai ai n so ai ni E n - m rn rn m m rn rn - rn rn rn n rn m � o v E �� •- m rn rn rn � rn rn - rn rn rn m .- m mlmlml__lmf ml__lmlmlmlml__lo mlmlmlmlglmlml$Imlmli lmlCli ml -lm �ImlmlIli 0lml01mlmlmlm1 lm SI0I mIO m 0-1 I OI' OI mI O0I O0I mI O mla m c Ejjolm ololo of o�ol o�ololo�0 0 0 B N N E o 3 n m m rn N rn rn m rn O y ^2 N N n �- (O O♦ N N n 0 aw J m f 0 d c `o o E E 0 o E O M In 0 c o E n o m 0 0 o E N O m O C O u E o E u m e o E o � r m N O w E o u o a n m O C 9 C Ci O N A N E E i m 0 o o M m o m c y � O a E E m a E � o v E m E o m o o a E o a r a o E o n m m # o o m m �1 N A o U E E o rtrt O m O '- rn m Cl E o r j y C C A t9 LL E M N m � E m J N m e+ O 6 5 m E c LL U U o 'R t c u m A or g o J m m m (ll c m � d c FIGURES > J MR ■r "'0%, '0% J� N �N N Z 4 p p 6.. C 75 N C N O E2LL- FTF C C w C N r0 p a p p s U mziQ e 00 N O w a ■r "'0%, '0% J� N �N d�m.�'i a m ® m m LL Ii L O Nm� c U A f j w •c a1' rn W a a m c v E v d�m.�'i a m ® m d m LL m L O Nm� c U A `o 0 w •c a1' rn W a a m c v E v o a N c m m En 11Epp 0 'O m a fA $ O C O m 8 � c c r N m m Ir Ln mo c 3m m g� cw N $ m o 16 3 T {W ry0 E OCJ ¢ 5 ,g ry N m C ? to N 9 T m p 41 w a to 'O .r `o n c c o 8 ry T O o F O mm C O� 0� O BOO L mn Bi v� o Em sm Z2 N .OQ c T n e m m OR r o d -O c m m O w� m m w a; m Z Cm o c m u t a oEgm om Na U U? LLV 2Z 1 N tM d N tm d m LL m c $0 c o 2 a m c v E v o q a N 0 — o 0 m m Z N O . O m m Z, 3 J U� Oi C j t Q C 3i 1, q 0U I I I- m>Et'-_ ".'. OOZ'oN ,..a Z ar o ! EC C OLT'ON N o �!� uzl r OZT 'ON W CD OS'oN .•'� m N ../.. {V LL O9•oN T m Sb 'oN -- Ob'oN I O O O O SZ "ON ,x I I E Q Q Z 2 Z Z n a n n 81 'ON +in 3333 VT 'ON OT 'ON a m n m . LON ) I U ..._ _.. ..._. m m m m n o o a z zI} zzla _ I-- b'oN !! � I I � C U, S/E N l0 N 0 O _--I. - -- O o 6 6 N N N N E J > m m m m h a a n a ui T12 I I( A o ui S'T LL N N N N Utz�.. 0 o O o K aaaa o z z z z e u!Ea_ I I I C L mmmm Z Z Z Z w UlS£ `-. L I I 3l 3 3 3 LL ----I— l -- 4— --E — o c 0 60i 000 0 0 0 0 0 0 0 0 T RUISSed IU03JOd O I ti m' pn'' O� Lf) Z _.( _ UI J w Q m c m z � ,I LL I IA ` v p m Y U o OOZ'ONo m c OLT "ON _ G o w Z O — --- --- OZT -oN o c w m I .... _. _. ILL09 'ON I C Sb `oN Ov'oN Z SUON � E SZ'oN 81 'ON --- �N U_ a - _ 17T'ON a m L'oN 17 *ON ul$/£ o LL J LU+_ E D N WE V _ _._. C UI T uU U d Lo C t r OD U ul 5 T V U � m m o m m in UI Z Y ul S£00 N 0 0 0 0 0 0 0 0 0 0 0 ti guissed IUBDJOd m Z LL L Q • �`sti .t�. s +$a + r avoas n A 9 4 y� f�bJ tl r 3 ■ E Z 3,A E 0 0 0 N o O 'a LL 0 m m WN Aui � V avoas n A 9 4 y� f�bJ tl r 3 ■ E Z E 0 0 0 N o O 'a LL 0 m m � a V � V ¢m F z C m Z F SHF! b 1:� PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SEMENIUK SLOUGH MAINTENANCE PROJECT CONTRACT NO. C -3636B PART 1 — SPECIAL PROVISIONS.................................................................................1 SECTION 2 ---SCOPE AND CONTROL OF THE WORK...............................................1 2-5 PLANS AND SPECIFICATIONS................................................................... 1 2-5.3 Submittals........................................................................................1 2-6 WORK TO BE DONE.................................................................................... 4 2-6.1 Previous Investigations..................................................................... 5 2-9 SURVEYING................................................................................................. 5 2-9.2 Survey Service.................................................................................. 5 SECTION 3 ---CHANGES IN WORK............................................................................... 5 3-2 CONTRACT UNIT PRICES........................................................................... 5 3-3 EXTRA WORK.............................................................................................. 5 3-3.2 Payment.......................................................................................... 5 SECTION 4 ---CONTROL OF MATERIALS.................................................................... 6 4-1 MATERIALS AND WORKMANSHIP............................................................. 6 4-1.3 Inspection Requirements................................................................. 6 SECTION5---UTILITIES.................................................................................................6 5-1 LOCATION....................................................................................................6 5-2 PROTECTION...............................................................................................6 5-8 SALVAGED MATERIALS.............................................................................. 6 SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK.................................................................................................................. 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.......... 7 6-7 TIME OF COMPLETION............................................................................... 7 6-7.1 General............................................................................................7 6-7.2 Working Days.................................................................................. 7 6-7.4 Working Hours.................................................................................8 6-8.3 Warranty........................................................................................... 8 6-9 LIQUIDATED DAMAGES..............................................................................8 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR ........................................ 8 SPi of 22 7-4 INSURANCE.....................................................................I........................... 9 7-5 PERMITS...................................................................................................... 9 7-6 THE CONTRACTOR'S REPRESENTATIVE.................................................9 7-7 COOPERATION AND COLLATERAL WORK.............................................10 7-7.1 Prosecution of Work....................................................................... 10 7-8 PROJECT SITE MAINTENANCE................................................................ 10 7-8.1 General..........................................................................................10 7-8.5 Temporary Light, Power, and Water .............................................. 11 7-8.6 Water Pollution Control...... ............................................................ 11 7-8.7 Environmental Protection............................................................... 12 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVMENTS ...... 14 7-10 PUBLIC CONVENIENCE AND SAFETY ................................................... 14 7-10.1 Traffic and Access....................................................................... 14 7-10.2 Storage of Equipment and Materials in Public Streets ................. 14 7-10.3 Street Closures, Detours, and Barricades ................................... 15 7-10.4 Safety.......................................................................................... 15 7-10.5 "No Parking"Signs....................................................................... 16 7-10.7 Notices to Residents.................................................................... 16 7-15 CONTRACTOR'S LICENSES................................................................... 16 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS ............................. 16 7-17 WORKING OIL FIELD, FLOOD CHANNEL AND TIDAL FLUCTUATIONS..................................................................................... 17 7-18 TEMPORARY FIRE PROTECTION.......................................................... 17 SECTION 8 ---FACILITIES FOR AGENCY PERSONNEL............................................19 8-2 FIELD OFFICE FACILITIES........................................................................ 19 SECTION 9 ---MEASUREMENT AND PAYMENT.........................................................19 9-3 PAYMENT...................................................................................................19 9-3.1 General..........................................................................................19 9-3.2 Partial and Final Payment.............................................................. 22 9-3.4 Mobilization....................................................................................22 9-3.5 Caulerpa Survey............................................................................ 22 APPENDIX A — TECHNICAL SPECIFICATIONS APPENDIX B — ARMY CORPS OF ENGINEERS PERMIT SPii of 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SEMENIUK SLOUGH MAINTENANCE PROJECT CONTRACT NO. C -3636B INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Contract Drawings; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2014 Edition), 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 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS. 2-5.3 Submittals. Add the following to the Section: 'The Contractor shall submit to the Engineer five copies of all submittals called for in the Plans (which include the Special Provisions and drawings) within ten working days after the date of Notice to Proceed. The Engineer will review all submittals within ten working days after receipt from Contractor. Shop drawings shall be submitted and reviewed in accordance with 2-5.3 of the Standard Specifications." 2-5.3.3 Shop Drawings. Add to the Section: "All shop drawings shall be prepared to scale on standard D -size 24 -inch by 36 -inch bond paper sheets. The drawings shall be supplemented by such shop drawings as are necessary to control the work adequately. All authorized alterations affecting the requirements and information given on the drawings shall be in writing. Any changes to the approved shop drawings shall require Engineers approval. SP1 of 22 Shop drawings for any structure shall consist of such detailed plans as may be required for the prosecution of the work and are not included in the Plans. Shop drawings will be subject to approval insofar as the details affect the character of the finished work, but other details of design will be left to the Contractor, who shall be responsible for the successful construction of the work. Full compensation for furnishing all working drawings shall be considered as included in the various contract items of work, and no additional allowance will be made therefore. Details and Connections - Unless otherwise specified, all connections necessary to properly complete the work under these drawings and specifications shall be detailed and completed in a satisfactory manner by the Contractor. All components detailed by the Contractor shall be amply strong to withstand, without excessive deflection, any loads or pressures to which they are likely to be subjected and to develop the strength of members connected. In no case shall the construction be inferior in any way to that shown on the contract plans. Deviations - The Contractor shall clearly indicate on the shop drawings all requested changes and submit the drawings to the Engineer for review and consideration. Deviations from the shop drawings desired or required by fabricator shall be indicated on the shop drawings by drawing a heavy line around the feature on which deviation approval is requested, and showing the complete detail and deviation proposed. Such details shall have a note specifically requesting approval. Certification - Shop drawings shall be certified by the Contractor that they have been checked by him and conform to the contract requirements. Related Work - In indicating or describing the work and materials for related work in the shop drawings, the term "by others" will not be acceptable. The specific subcontractors and trades to furnish and install such related work shall be clearly noted by name or description. Where such name or description is missing, it shall be understood and agreed that the Contractor is to furnish and install such related work. The certifications of the Contractor that the shop drawings and schedules have been checked by him shall include checking of all related work. Information Required - Shop drawings shall be complete in every respect and shall contain the following and all other required information: a) Dates of revisions. b) Space for fabrication, assembly, erection, and connection. c) Space for the Engineer's uses as specified. d) Materials used, including fasteners and attachments. e) All required dimensions, including variations between dimensions shown on the contract drawings and actual conditions. f) Information and catalog data on all items of equipment, as specified hereinafter. g) Related work, and contract drawings and specification references. SP2 of 22 h) Complete schedules, as applicable. i) All proposed coatings and factory finishes, fully described as to materials and details of application. Catalog Data — Contractor shall furnish with the shop drawings, in duplicate, catalog and technical data for all items of equipment covered under the shop drawings. Equipment need not be detailed, but all sizes, support connection and clearances therefore shall be indicated and detailed. Incomplete Submittals - The Engineer will not accept incomplete submittals. Submittals must be complete in every aspect prior to submission. Check of Returned Drawings and Schedules - The Contractor shall check all corrected drawings and schedules returned by the Engineer and ascertain if corrections result in any extra cost above that included in the contract, and shall promptly notify the Engineer in writing, if, in his opinion, such extra cost results, before starting the work shown on the shop drawings. Starting work prior to submission of such notification shall constitute waiver of claim for extra cost by the Contractor. Excess Changes to Resubmitted Drawings - No changes shall be made to resubmitted drawings and schedules in excess of those corrections noted by the Engineer unless the resubmitted drawings are accompanied by a separate written notice from the Contractor precisely setting forth such additional changes and stating his assumption of costs as specified for deviations, and such changes are approved by the Engineer. Subsequent Revisions - If, at any time before the completion of approved work, changes are made necessitating the revision of previously approved drawings or schedules, the Contractor shall make such revisions and shall proceed in the same routing and manner as specified for original approval. Equipment Clearances - The Contractor shall not proceed with any construction that may be affected in any manner by equipment located therein until he has submitted and obtained approval of shop and erection drawings, schedules, and equipment layouts, showing all components with dimensions and necessary clearances." 2-5.3.5 Submittals Review. On submittals required for Engineer APPROVAL, the submittals will be reviewed by the Engineer and returned to Contractor for action. The Engineer will review submittals for conformance with design intent only. The Engineer's review and approval of submittals shall be held to limitations stated in Conditions of Contract. In no case shall approval or acceptance by the Engineer be interpreted as release of Contractor of responsibility to fulfill requirements of Contract Documents. No acceptance or approval of submittals, nor any indication or note marked by Engineer on submittals, shall constitute authorization for increase in Contract Sum. The Engineer will stamp each submittal with an action stamp as follows: "NO EXCEPTIONS TAKEN": The submittal is approved and SP3 of 22 resubmission is not required. 2. "MAKE CORRECTIONS NOTED": Minor corrections are required; the work pertaining to the submittal may proceed and items may be fabricated provided that the Contractor complies with the written comments provided by the Engineer on the submittal; checking is complete and resubmission is not required. 3. "REVISE AND RESUBMIT": Corrections or clarifications are required; the work pertaining to the submittal may not proceed and fabrication shall not occur until the items noted by the Engineer on the submittal are corrected or clarified; Resubmission is required. 4. "REJECTED": The submittal does not conform to the Contract Documents, and requires too many corrections, or is rejected for other justifiable reasons. The Engineer will state reasons for rejection on the submittal. No work or fabrication of items pertaining to the submittal shall be performed. Resubmission is required. On submittals required for Engineer INFORMATION, the Contractor shall submit a complete and thorough narrative with accompanying illustrative graphics that clearly explains the means, methods, and intent of the work to be performed as called for by the submittal so that the Engineer may understand the Contractor's intended work plan, sequence of operations, and procedures. The Engineer will mark all information submittals as follows: 5. "SATISFACTORY": Sufficient information has been submitted and no resubmission is required. The Contractor may proceed with the work described in the submittal. 6. "NOT SATISFACTORY": Insufficient information has been submitted. Provide additional information as noted by the Engineer on the submittal. The work described in the submittal may not proceed. Resubmission is required. 7. By submission of each INFORMATION submittal, the Contractor agrees to and certifies that he will be solely responsible for any liability associated with the means, methods, and work described in the submittal and that the Engineer and the City have no liability or responsibility for the means, methods, or work described in the submittal. 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of the price bid for this contract consists of cofferdam construction and dewatering a portion of the Semeniuk Slough (Slough); creating five access points; excavating approximately 7,500 cubic yards of sediment from the City owned portion of the Slough; and restoring the access points. The work also includes • Excavating 1,100 cubic yards of material from the California Department of Transportation's adjacent storm drainage canal. SP4 of 22 • Constructing and maintaining a temporary road within the dewatered channel bed to provide equipment access to the CalTrans storm drain headwall. • Removing and hauling away 600 cubic yards of stockpiled material that would be concurrently excavated by the State from their adjacent storm drain culvert. All material excavated by the Contractor or CalTrans shall be hauled away from the project site and properly disposed at an off-site placement site selected by the Contractor. The minimum amount of site preparation work shall be performed to create and maintain equipment access points to the work areas and restore them after use." 2-6.1 Previous Investigations. A geotechnical evaluation of the project site was performed and a report was prepared entitled, "Semeniuk Slough Investigation, Sediment Sampling, Bulk Chemistry Testing, and Geotechnical Testing, Santa Ana River Marsh, Newport Beach California," by AMEC Foster Wheeler dated January 27, 2015. Call Robert Stein at (949) 644-3322 if you are interested in reviewing the report. A biological resources report for the project site was also prepared entitled, "Draft Results of the Biological Reconnaissance Survey for the Semeniuk Slough Project Site Located in Newport Beach, Orange County, California," dated October 26, 2015 by Chambers Group, Inc. Call Robert Stein if you would like to review this report. 2-9 SURVEYING. 2-9.2 Survey Service. Add to the Section: 'The Contractor shall perform all surveying necessary to construct the work to the lines, elevations and grades shown on the Drawings and for the Engineer's use in checking such work. All survey work shall be performed by a licensed land surveyor registered in the State of California. The Contractor shall be responsible for the accuracy of all surveys. Survey work shall be considered part of the various work items and no separate payment will be made for survey work." SECTION 3 ---CHANGES IN WORK 3-2 CONTRACT UNIT PRICES. Section 3-2 of the Standard Specifications shall be amended as follows: "No adjustment of the approved Unit Prices within the Bid Proposal shall be made for any increase or decrease in work." 3-3 EXTRA WORK. 3-3.2 Payment. SP5 of 22 3-3.2.3 Markup. Replace this section with, "A total markup of twenty-five (25) percent will be allowed for overhead and profit which shall include all overhead, profit, home office expenses, taxes, or any and all other costs not defined as direct costs." 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. The 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. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the third paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA 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." 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer/storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. 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. Jim Auger, Utilities Operations Manager, at (949) 718-3477. SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK SP6 of 22 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, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five 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." 6-7 TIME OF COMPLETION. 6-7.1 General. Add to this section: "All contract work except maintenance of re- planted site access points shall be completed within one -hundred and twenty (120) calendar days from the day the Notice to Proceed is issued. Maintenance of restored access points shall be completed as specified in Appendix A: Section 902 of the Technical Specifications. If the Contractor fails to complete any element of the Work within the specified timeframe, the City shall be entitled to liquidated damages as described in Section 6-9. The Contractor shall ensure the availability of all equipment, material, and material disposal sites prior to the start of work. Unavailability of equipment, material, or sediment disposal sites will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), 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 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th, or December 31st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th, November 11th, December 24th, December 25th, or December 31st falls on a Saturday, the Friday before is a holiday." SP7 of 22 6-7.4 Working Hours. Normal working hours are limited to 7:00 AM to 6:30 PM Monday through Friday and 8:00 AM to 6:00 PM on Saturday. 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. obtain special permission from the EngineerShould the Contractor elect to work outside normal working hours, Contractor must first hours must be made at least 72 hours in adv . A request for working during any of these request must be made for each work shift. Tance of the desired time period. A separate he Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6-8.3 Warranty. Add to the section: "Commencing with the date the City records a Notice of Completion for the work, the City shall retain 10% of each progress payment to assure warranty performance and correction of construction deficiencies. Failure by the Contractor to take corrective action within 24 hours after personal or telephonic notice by Engineer on items affecting use of the facility, safety, or the preservation of property, and within ten days following written notice on other deficiencies, will result in the City taking whatever corrective action deems necessary. All costs resulting from such action by the City will be deducted from the retention. The amount of retention provided for herein shall not be deemed a limitation upon the responsibility of the Contractor to carry out the terms of the agreement document." ueesrDesssentence tior each conetvcalendarrday afr hetime specified nSection three -7-1 for completion of the dredging and disposal work, the City may require the Contractor to pay to the City or have withheld from moneys due it, the daily sum of $1,000,'. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the excavation and disposal 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, and continuous sequence to minimize weather delays associated with the storm season and to minimize inconvenience to businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR SP8 of 22 7-4 INSURANCE. Add to this section: "The Contractor shall also maintain statutory coverage to protect him from claims related to and be in compliance with the provisions of the Longshoremen's and Harbor Workers' Compensation Act. The Contractor shall also maintain builder's risk insurance for the duration of the contract." 7-5 PERMITS. Add to this section: "The Contractor shall abide by all applicable local, state, and federal laws and regulations. The Contractor shall comply with the Standard and Special Conditions of the Department of the Army Corps Permit No. SPL- 2016-00147-JMV permits provided in Appendix B. The lump sum contract price for Bid Item 2, "Environmental Protection Plan" in the Bid Proposal shall include full compensation conforming to the requirements and provisions of the Army Corps permit." 7-6 THE CONTRACTOR'S REPRESENTATIVE. Add to this Section: The Contractor shall keep on the project site at all times during its progress a competent resident superintendent who shall not be replaced either permanently or temporarily without written notice to and approval by the Engineer. The superintendent shall be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Lack of supervision will be grounds for a Stop Work Notice issued by the Engineer, in which case no work will be performed unless proper supervision is provided. The superintendent shall be a 'non -working' supervisor, with the ability to plan the work, provide weekly schedules, select and schedule equipment and materials, and make adjustments in means and methods as necessary to facilitate the work. He shall be capable of making decisions and have the authority to make decisions regarding equipment, means and methods for all aspects of the project. One week prior to the Pre -Construction Meeting, the contractor shall submit a resume of the work experience of the superintendent which shall show that he has supervised at least three previous projects of equal or larger magnitude and complexity. The resume shall include names and contact information from prior projects. One week prior to the Pre -Construction Meeting, Contractor shall submit a letter designating that the superintendent as his representative and certifying that he shall have the authority to make decisions regarding equipment, means and methods for all aspects of the project." Prior to performing any work, the Contractor's representative shall attend an evening community meeting in Newport Shores or other location in Newport Beach to present the proposed work plan and schedule. The meeting shall be scheduled and conducted SP9 of 22 by City staff with the full cooperation and assistance of the Contractor. The Contractor's representative shall be fully prepared to discuss his work plan and schedule and assist City staff to answer questions from the community at that time. 7-7 COOPERATION AND COLLATERAL WORK. Add to this Section: "If needed, City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. City must approve any nighttime work in advance. If needed, the Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Jim Auger, Utilities Operation Manager, at (949) 718-3477." 7-7.1 Prosecution of Work. As the work occurs in a flood conveyance channel and a rain event with resulting storm flows will likely cause temporary shutdown of the project and the potential need for additional dewatering, it is imperative that once the City issues the Notice to Proceed, the Contractor work in a steady and diligent manner to execute the all work tasks. The Engineer may disallow change orders that are weather related if the Contractor fails to perform accordingly. Note that access into the slough involves crossing over shallow oil lines shown on the drawings. The Contractor shall place heavy metal plates at each area where equipment will be crossing over these oil lines. Equipment will only be allowed to cross where there is plate protection. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 General. Add to this section: "All work areas shall be policed daily. Upon completion of work and at other times during progress of the work, the Contractor shall remove all surplus materials, rubbish, and debris resulting from the work, and shall leave the entire site in a neat, clean and acceptable condition as approved by the Engineer. This includes clean up and proper installation and maintenance of required erosion control devices. Payment for incidental cleanup, litter disposal, toilet facilities, employee facilities or storage facilities, and all other work site maintenance that may be required shall be SP10 of 22 considered as being included in the various Bid Items in the contract documents and no other payment shall be made." 7-8.4.1 Temporary Facilities and Controls. Add to this Section: `The Contractor shall furnish and install temporary facilities, including labor, materials, services, utilities, and equipment required for proper performance of contract. Contractor shall locate temporary facilities where directed by the Engineer and maintain them in a safe and sanitary condition at all times until completion of the work, and then remove from the site." 7-8.4.2 Field Offices and Sheds. Add to this section: "Contractor may provide field equipment storage facilities of neat and substantial construction for his use as desired so long as they do not interfere with West Newport Oil Company and public agency utility traffic and operations. Contractor field storage location shall be approved by the Engineer prior to installation." 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." 7-8.5.1 Steel Plates. Add this Section: "Steel plates utilized for utility trenching or protection of buried utilities shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-8.6 Water Pollution Control. Add to this Section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual, which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: SP11 of 22 a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7 Environmental Protection. The Contractor shall train his personnel in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment, and shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Environmental protection shall be as stated in the following subparagraphs. Protection of Land Resources. The Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, top soil, and land forms without special permission from the Engineer. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, the Contractor shall provide effective protection for land and vegetation resources at all times. Dispensing of Fuel. Fuel dispensers shall have a four -foot square, 16 -gauge metal pan with borders banded up and welded at comers right below the bibb. Edges of the pans shall be eight -inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of off-site in an approved area. Should any spilling of fuel occur, the Contractor shall immediately recover the contaminated ground and dispose of it off-site in an approved area. SP12 of 22 Disposal of Chemical Waste. Chemical waste shall be stored in corrosion resistant containers, removed from the work area and disposed of in accordance with Federal, State, and local regulations. Disposal of Discarded Materials. Discarded materials other than those that can be included in the solid waste category shall be handled as directed. Protection of Water Resources. The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities that are included in this contract. Turbidity. The Contractor shall conduct his excavation and dewatering operations in a manner to minimize turbidity. A temporary silt curtain shall be furnished, installed, and maintained by the Contractor at the cofferdam for the duration of dewatering work as specified in the Plans. Oil Spill Prevention. The Contractor shall prevent oil or other hazardous substances from entering the ground, drainage, or local bodies of water; provide containment, diversionary structures, or equipment to prevent discharged oil from reaching a watercourse; take immediate action to contain and clean up any spill of oily substances, petroleum products, and hazardous substances; immediately report such spills to USCG, any of the applicable Federal or State Agencies, and the Engineer; and provide one or more of the preventive systems, as set forth below, at each oil storage site. The provision of such preventive systems shall be reviewed by the Engineer prior to tank installation and use. Dikes, berms, or retaining walls capable of containing the contents of the largest single tank. Absorbent materials capable of absorbing the contents of the largest single tank. Pumping of Bilges. The Contractor is warned that pumping oil or bilge water containing oil into navigable waters, or into areas which would permit the oil to flow into such waters, is prohibited by Section 13 of the River and Harbor Act of 1899, approved 3 March 1899 (30 Stat. 1152; 33 U.S.C. 407). Violation of this prohibition is subject to penalties provided under the referenced Acts. Protection of Marine Resources. The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention along with measures for their protection will be listed in the Contractor's Environmental Protection Plan prior to the beginning of construction operation. Protection of Air Quality, The Contractor shall comply with all provisions of the South Coast Air Quality Management permit conditions and requirements. SP13 of 22 Noise. The Contractor shall keep construction activities under surveillance and control to minimize damage to the environment by noise. Lighting. All construction lighting at the placement site shall be directed away from residences and West Newport Oil Facilities in order to minimize disturbance. Payment for Environmental Protection shall be considered as included in the various Bid Items in the contract documents and no other payment shall be made. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVMENTS. Add the following to the section: "All facilities, fences, and gates excavated or damaged by the Contractor, shall be reconstructed by the Contractor with the same kind of materials as used in the original construction and to the same thickness and other applicable dimensions, so as to restore the facilities to a sound and serviceable condition satisfactory to the Engineer and West Newport Oil Company. Landscaping replacement within the Slough equipment access points shall be per the Section 902 of the Technical Specifications (Appendix A). Payment for removal, repair and restoration of facilities excavated or damaged by the Contractor outside of the designated Slough equipment access points shall be considered as being included in the various Bid Items listed in the contract documents and no separate payment shall be made." 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. Add to this section: "For work outside of residential areas, the Contractor shall provide traffic control and access in accordance with Section 7- 10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Access for West Newport Oil Company and public agency utility staff, vehicles and contractors shall be maintained at all times. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer. For work within residential areas, the Contractor shall prepare detailed Traffic Control Plans per the requirements of Section 7-10.3." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. SP14 of 22 It shall be the sole responsibility of the Contractor to secure the use of any public or private property outside of those areas designated on the drawings through the City or private property owners for use as construction staging, employee vehicle parking, transfer, or laydown areas. All costs associated with securing and using public or private properties for this use shall be borne by the Contractor and considered part of the various work items, and no separate payment shall be made." 7-10.3 Street Closures, Detours, and Barricades. Add to this section: "For work in residential areas, the Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: Emergency vehicle access shall be maintained at all times. • The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. • All advanced warning sign installations shall be reflectorized and/or lighted." • The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. • The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 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. SP15 of 22 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require Contractor re - notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a License Classification "A" — General Engineering Contractor License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 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. Any changes to the approved drawings that have been made with approval from the SP16 of 22 Engineer shall be documented on the "As -Built" drawings and submitted for approval by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 7-17 WORKING OIL FIELD, FLOOD CHANNEL AND TIDAL FLUCTUATIONS. The Contractor is advised that the project site is located within a coastal zone that experiences variable changes in wind, waves, water level, current and weather. During a rainfall event, the work area will be exposed to storm water discharge from the Caltrans storm drain, Newport Shores street end storm drains, and tributary inflows along the east bank of the Slough. . Portions of the work specified herein may require that the Contractor schedule his activities during times of most favorable tides. Lowest tides generally occur during the winter months when storm probability and high tides are highest. Low tides do not always occur during daylight hours. Water level in Semeniuk Slough is partially controlled by Corps of Engineers' tide gates at the Santa Ana River levee. The Contractor shall satisfy himself as to the hazards, risks and work conditions likely to arise from weather variations and/or tidal variations and is advised to subscribe to a marine weather and wave forecast service and consult tide tables published by the National Oceanic and Atmospheric Administration. Daily tide elevations may vary from predicted tide elevations due to wind, storms, atmospheric conditions, and other effects. The Contractor is advised that the project is adjacent to a working oil field. The Contractor shall satisfy himself as to the hazards, risks, and conditions associated with working near the oil production facilities, buried pipelines, and infrastructure and shall coordinate his work with representatives of the West Newport Oil Company to their satisfaction at all times. 7-18 TEMPORARY FIRE PROTECTION. The Contractor shall take necessary precautions to guard against and eliminate possible fire hazards and to prevent damage to construction work, building materials, equipment, storage sheds, and public and private property. The Contractor shall be responsible for providing, maintaining, and enforcing the following conditions and requirements during the entire construction period and add other requirements that may be imposed by the City of Newport Beach Fire Marshall: Fire Inspection - The Contractor's Superintendent shall inspect the entire project at least once each week to make certain that the conditions and requirements are being adhered to. SP17 of 22 Fires - Employees shall not be allowed to start fires with gasoline or kerosene or other highly flammable materials. No open fires shall be allowed. Flammable Materials - Only a reasonable working supply of flammable building materials shall be located inside of, or on the roof of any storage facility. Combustible Materials - Oil soaked rags, papers and other highly combustible materials must be stored in closed containers at all times and shall be removed from the site at the close of each day's work, and more often when necessary, and placed in metal containers with tight, hinged lids. Gasoline and Benzene - Gasoline and benzene or like combustible materials shall be disposed of together with flammable or waste material subject to spontaneous combustion. The Contractor shall make appropriate arrangements for storing these materials outside of the buildings or structures. Full compensation for Temporary Fire Protection shall be included in the agreement lump sum price for the "Mobilization and Demobilization" bid item in the Bid Proposal and no additional compensation will be allowed therefor. 7-19 TEMPORARY CHAIN LINK FENCE. The Contractor shall provide and maintain a temporary chain link fence for the duration of the contract as required. The Contractor shall locate and configure the fence such that: 1) the public cannot access the construction area, and 2) existing facilities operations and facilities are not affected. The Contractor shall be aware that theft and vandalism at the job site may be a problem. The Contractor shall be responsible for the security of the construction site and his field offices, materials, and equipment. The Contractor shall provide a fence plan to the Engineer for approval. The Contractor shall be responsible to maintain the fence in a functional and safe condition. The Contractor shall remove the fencing at the satisfactory completion of the contract. Full compensation for Temporary Chain Link Fence shall be included in the agreement lump sum price for the Item 1, "Mobilization and Demobilization", bid item in the Bid Proposal and no additional compensation will be allowed therefore. 7-20 VIDEO RECORDING. A minimum of one week prior to start of construction, the Contractor shall video record all areas where construction is to take place. Such video recording shall be performed in the presence of and provided to the Engineer before construction commences. The video recordings shall serve as record of the existing conditions in the event of disputes arising from restoration, and should therefore be taken along the lines of construction and site access and staging areas in sufficient detail and resolution as necessary to clearly depict details of existing conditions. SP18 of 22 The video recordings shall be standard DVD disk media in color. All video recordings shall be indexed and catalogued in such a manner that each photographed area is readily identifiable, and shall also indicate the date and time (hour and minutes) that the area was photographed. The Contractor shall also have video recordings taken of any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of video recording, the areas shall be restored as approved by the Engineer at the Contractor's expense. All video recording media shall become the property of the City. Payment for video recording of existing conditions shall be included within the lump sum price bid for Item 1, "Mobilization and Demobilization", in the Bid Proposal, and shall be full compensation for all work specified, including costs for video recording, indexing, cataloguing, furnishing viewing equipment, etc. SECTION 8 ---FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following to the Section: "If the Contractor elects to have a field office on site, Class 'B' office space shall be provided for the Engineer's use for the duration of the work. The cost of furnishing and maintaining a field office trailer and all equipment, office supplies, and office services for the Engineer shall be borne by the Contractor and be included within the lump sum price bid for Item 1, "Mobilization and Demobilization", in the Bid Proposal and no separate payment shall be made." 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 Bid 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." Bid Items Item No. 1 - Mobilization/Demobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; installing and maintaining restroom facilities; preparing the SWPPP and complying with NPDES Stormwater General Construction Permit requirements; furnishing and installing construction signage; providing traffic control and access; administering construction and material delivery schedules; coordinating with other agencies and utilities; coordinating closely with operators of the oil field; notifying SP19 of 22 businesses and residents; attending all coordination meetings; keeping photographic and video records of project site; performing pre- and post-bathymetric surveys; preparing As -Built Plans; restoring all fence, gates, and earth spill prevention berms; demobilization; restoring the gravel access road per the requirements of Section 900.3.9.5; and all other related work as required by the Contract Documents. Item No. 2 — Permit Compliance: Work under this item shall include, but not limited to, preparing a plan to minimize disturbance of the environmental resources around the slough including compliance with agency Permit requirements, and all other related work as required by the Contract Documents. Item No. 3 - Cofferdam and Dewatering: Work under this item shall include, but not limited to, all labor, materials, tools, equipment and incidentals necessary for preparing detailed cofferdam design, shop drawings, dewatering plan and emergency dewatering plan; monitoring for rainfall events; furnishing and installing the cofferdam; dewatering; preventing excessive damming of stormwater runoff behind the cofferdam; furnishing, deploying, and maintaining a silt curtain; removing the cofferdam; and all other work items required to complete the work in place. Item No. 4 —Topographic/Hydrographic Surveys Before and After Completion of the Excavation Work.: Work under this item shall include, but not be limited to, materials, tools, equipment and incidentals necessary to perform all pre- and post -excavation surveys as specified by Section 901.5 of the Technical Specifications. Item No. 5 - Temporary Truck Access and Turnaround Space: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary to prepare the access road and turnaround area for truck and equipment access, maintaining these areas during construction, restoring the existing access road after completion of all excavation and material removal work, and all other work items required to complete the work in place. Item No. 6 - Equipment Channel Access Points to Slough Excavation Area: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary constructing access points for equipment to enter Semeniuk Slough including clearing and grubbing; removing obstructions; removing and replacing irrigation lines and maintain existing irrigation schedules; pot -holing to search for existing pipelines, protecting existing pipelines, placing plates over existing oil lines for equipment crossing, and all other work items required to complete the work in place. Item No. 7 - Excavation, Transport, and Disposal of Material within City Owned Portion of Slough between Stations 5+00 and 22+00: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary for excavating, transporting, and disposing of material removed from the City -owned portion of the Semeniuk Slough to the lines and grades specified in the Plans; and all other work items required to complete the work in place. SP20 of 22 Item No. 8 - Excavation, Transport, and Disposal of Material within the CalTrans Storm Drain Canal between Stations 1+50 and 5+00: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary for excavating, transporting, and disposing of material removed from the storm drain canal between the head of Semeniuk Slough and the CalTrans storm drain culvert to the lines and grades specified in the Plans, and all other work items required to complete the work in place. Item No. 9 - Access to the CalTrans Storm Drain: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary for importing material; preparing and maintaining a suitable road bed between Access Point No. 5 and the CalTrans storm drain culvert; removing all road bed material upon completion of the excavation; and all other work items required to complete the work in place. Item No. 10 - Material Excavated and Stockpiled from the Storm Drain by CalTrans: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary for collecting material stockpiled by CalTrans at the end of its box culvert, transporting and disposing of material removed from the Caltrans stockpile as specified in the Plans; and all other work items required to complete the work in place. Contractor shall remove stockpiled material such the amount of stockpiled material never exceeds 200 cubic yards. Item No. 11 - Restoration of Channel Access Points: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary for preparing a Restoration Plan shop drawing per the requirements of Section 900.2.3; restoring irrigation lines and original irrigation schedules; furnishing and installing soil amendments; planting replacement plants; protect existing pipelines; maintaining and establishing plants for 60 days including removing weeds and replacing plants as needed per the requirements of Section 902; and all other work items required to complete the work in place. Item No. 12 — Rain Event Dewatering: Work under this item shall include, but not limited to, all labor, materials, tools, equipment and incidentals necessary for additional dewatering after a large rain event as defined in the Technical Specifications; preventing excessive damming of stormwater runoff behind the cofferdam; furnishing, deploying, and maintaining a silt curtain; and all other work items required to complete the work in place. Item No. 13 - Allowance for Unforeseen Conditions: An amount of $50,000 is to be included for adjustments associated with unknown underground obstructions, unforeseen field conditions, or complying with new regulatory agency permit conditions, as directed by the Engineer, based on a time & materials basis. SP21 of 22 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." 9-3.4 Mobilization. Add the following to this section: "The lump sum price paid for Item 1, "Mobilization and Demobilization" in the Bid Proposal shall include full compensation for providing bonds, insurance, financing, and moving equipment to and from the job site and no additional payment will be made therefore. Mobilization shall be considered complete when the Contractor has moved onto the project site all necessary major pieces of equipment and sufficient personnel to progress the work, along with necessary materials to commence work and to continue working without interruption. In addition, all of the following must be submitted and approved prior to work starting on the project: a) Detailed, comprehensive schedule showing all major work items. Schedule shall start at award and continue through final acceptance and include all submittals and material fabrications and deliveries. Contractor may use any commonly acceptable form of schedule, including CPM, PERT, or Bar Chart, but sufficient detail shall be provided to track all major work items, and to analyze the interdependency and interrelationship of all items. b) Complete list of subcontractors and suppliers, including address and name of contact person and phone number. c) Resume of Contractor's resident superintendent and letter from Contractor designating the superintendent as his representative per Section 7-6 of these Special Provisions d) Digital videos of existing site conditions per Section 7-19 of these Special Provisions. e) Site access plan per Appendix A - Section 900.2.1 of the Technical Specifications. f) Plan of excavation and disposal per Section 901.2.1 of the Technical Specifications. g) Cofferdam design and dewatering plan per Section 901.2.3 of the Technical Specifications. No payment will be made for Mobilization and no work shall be performed until all the above items are complete and approved by the Engineer. Payment for `Mobilization and Demobilization' shall not exceed 10% of the amount of the total Bid Price. 9-3.5 Caulerpa Survey. In accordance with Special Condition No. 1 of Department of the Army permit SPL-2016-00147-JMV, the City shall perform a pre -construction survey for Caulerpa taxifolia. The survey shall be performed no earlier than ninety (90) days and no later than thirty (30) calendar days prior to performing any construction work. The Contractor shall not perform any work or order any materials until the City's survey has SP22 of 22 been approved by the NOAA National Marine Fisheries, California Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. All work may be suspended indefinitely if Caulerpa taxifolia is found to be present. The City therefore reserves the right to terminate the Contract at no cost to the City if Caulerpa taxifolia is found to be present. No payment will be made for estimated lost profit on the job. No presence of Caulerpa taxifolia has ever been found in Semeniuk Slough or the Lower Santa Ana River Marsh area." SP23 of 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SEMENIUK SLOUGH MAINTENANCE PROJECT CONTRACT NO. C -3636B APPENDIX A - TECHNICAL SPECIFICATIONS SECTION 900 — SITE ACCESS 900.1 DESCRIPTION Site access work includes furnishing all labor, materials, tools, equipment, and incidentals required to allow equipment to enter and exit from the work area prior, during, and after completion of all excavation work. 900.2 SUBMITTALS Submit the following to the Engineer for APPROVAL prior to starting earthwork: 900.2.1 Site Access Plan Shop Drawing The plan shall consist of 24 -inch by 36 -inch size drawings that illustrate the plans and details of the Contractor's means and methods to access the work area for loading of haul trucks and to provide space for truck turnaround. The plans shall provide details of temporary modifications to existing fence, gates, and earth spill prevention berms as permitted by the Plans and these Technical Specifications. The plans shall provide replacement details of any site improvements to be modified. 900.2.2 Emergency Contact Number Provide the names and telephone numbers of personnel who can be contacted at any day and time for emergency response. 900.2.3 Access Restoration Prior to performing any site access restoration work, submit a Restoration Plan shop drawing that shows the detailed means, methods, materials, and details to be used to provide equipment and truck access and restore utilized routes and access points to their pre -construction condition. 900.2.4 Certificate of compliance of access road import material to repair ruts and depressions. 900.3 EXECUTION 900.3.1 All equipment and truck access to the job site shall be via the West Coast Highway Entry Gate as indicated on the Plans. The Contractor shall post a flagman at the entry gate at all times to prevent unauthorized access to the site. All truck traffic shall enter and exit from the project site using the southbound lanes only. Trucks entering or leaving the project site shall not cross West Coast Highway traffic coming from the opposite direction of travel. 900.3.2 The Contractor shall coordinate and cooperate with representatives from the West Newport Oil Company at all times. The site access road shall not be blocked to traffic at any time without the expressed permission of the West Newport Oil Company. 900-1 900.3.3 ffifflwi 900.3.6 900.3.7 The Contractor shall maintain strict safety protocols at all times when equipment and personnel are within the site. Equipment to the channel access points, haul route, and channel excavation areas shall be strictly confined to those areas designated on the Plans. Channel Access 900.3.5.1 The Contractor shall clear and grub within the limits of each access area, and temporarily remove existing fence, utilities, and other improvements as required. No existing utility service shall be interrupted. 900.3.5.2 The Contractor shall not disturb vegetation or improvements outside of the designated access points. Any such areas damaged by the Contractor shall be replaced in kind at the Contractor's expense. 900.3.5.3 At the conclusion of the excavation work, the Contractor shall restore each disturbed channel access point to its pre -construction condition as noted below. a) Replace and re -connect fencing, utilities, and any other improvements removed to provide access. b) Each disturbed access point shall be re -planted with native vegetation in conformance with Section 902 of these Technical Specifications. CalTrans Storm Drain Access 900.3.6.1 If awarded, the Contractor shall establish and maintain a suitable roadbed from Slough Access Point No. 5 to the CalTrans storm drain as shown on the Plans. The Contractor may elect to construct and maintain a gravel roadbed or use other approved means and methods to allow State excavation equipment to mobilize to the culvert and Contractor's equipment to remove material periodically from State stockpiles. The storm drain access plan shall be included in the Site Access Plan submittal. 900.3.6.2 The Contractor shall be responsible to maintain equipment access between the Slough Access Point No. 5 and the CalTrans storm drain for the duration of the State's culvert sediment removal work and until all material has been removed by the Contractor from State stockpiles. Existing Irrigation Lines 900.3.7.1 The Contractor shall protect and maintain existing irrigation lines and sprinkler risers that cross the access points. Temporary irrigation piping shall be provided and installed as required for the duration of the work to allow existing site irrigation schedules to run uninterrupted. Upon completion of the work, any irrigation lines modified or damaged by the Contractor shall be completely restored to their prior condition to the satisfaction of the Engineer. 900-2 900.3.7.2 Irrigated plants, trees, and shrubbery that are damaged from lack of water caused by the Contractor's failure to maintain existing irrigation lines within the work area shall be replaced at this expense. 900.3.8 Existing Oil, Gas, and Water Lines 900.3.8.1 The location of existing oil and gas lines adjacent to the Slough are not known. Prior to using any Slough access point for equipment access, the Contractor shall pot hole the area to determine the location and depth of existing pipelines. 900.3.8.2 All pipelines shall be protected with trench plate. Equipment shall not be allowed to cross over any existing oil, gas, or water pipeline without trench plate protection. 900.3.9 Access Roadway 900.3.9.1 Trucks and equipment within the job site shall be confined to the access route as shown on the Plans. 900.3.9.2 In order to accommodate truck access, the Contractor, at his option, may make temporary modifications to existing internal fencing, gates, and earth spill prevention berms as required to allow trucks and equipment to enter the site, turnaround, and safely exit from the premises. All temporary modifications shall be identified and described in the Site Access Plan and approved by the Engineer and West Newport Oil Company. Gates closures and fencing for site security shall be maintained as required by the West Newport Oil Company to prevent unauthorized access to adjacent property. Internal site security and traffic circulation for West Newport Oil Company personnel, vehicles, and equipment shall be maintained at all times. 900.3.9.3 West Newport Oil Company and public agency utility services vehicles and equipment shall not be blocked or interrupted at any time without the expressed permission of the West Newport Oil Company. 900.3.9.4 At the conclusion of all work, the Contractor shall restore all fence, gates, and earth spill prevention berms that have been modified to their pre - construction condition to the satisfaction of the West Newport Oil Company. 900.3.9.5 At the conclusion of all work, the Contractor shall import, place, finish grade, and compact approved gravel roadbed material to match existing to repair ruts and depressions within the access road and turnaround area caused by his traffic and operations. Prior to performing any site access road work, submit roadbed material specifications including gradation to the Engineer and West Newport Oil Company for approval. Access road grades shall be restored to their pre -construction conditions. 146I1I13M3 SECTION 901 - EXCAVATION 901.1 DESCRIPTION Excavation work includes furnishing all labor, materials, tools, equipment, and incidentals required to excavate material as shown on the drawings and as specified in these Technical Specifications, hauling the material away from the job site, and providing for final placement of the material at an approved site. The bank yardage quantity indicated in the construction documents is approximate. The actual amount of material to be removed will be determined by soundings and measurements taken before and after the excavation work. 901.2 SUBMITTALS Submit the following to the Engineer for INFORMATION prior to starting earthwork 901.2.1 Plan of excavation and disposal that describes in detail the means, methods, and sequence of operations for all excavation work including the locations of the off-site disposal site(s) where all excavated material will be transported and deposited for temporary and final placement. 901.2.2 Daily reports 901.2.2.1 The Contractor shall prepare and maintain a daily report of excavation and disposal operations, and furnish copies thereof to the Engineer on the day after the date of the report. Information to be included as a minimum in the report shall be the date of the report, period covered by the report, equipment used, description of activity as identified by stationing and offset, quantity of sediment excavated that day, quantity of material hauled away by truck that day, location and quantity of sediment stockpiled that day, and results of all inspections, surveys, and monitoring activities. The daily report shall be signed by the Contractor's superintendent. 901.2.3 Cofferdam design and dewatering plan 901.2.3.1 Prior to performing any excavation work, the Contractor shall submit a detailed cofferdam design, shop drawing, and dewatering plan submittal to the Engineer for information. The plan shall be prepared by a civil engineer registered in the State of California who has demonstrated experienced in the design of marine cofferdams. 901.2.3.2 All dewatering shall be performed in conformance per best management practice NS -2 as modified and described in NPDES Note No. 3 of Sheet 2 of the Plans. 901.2.3.3 Emergency dewatering plan a) The cofferdam design shall include an emergency dewatering plan that describes the measures that will be taken to monitor for future rainfall events, and the means and methods that will be employed to prevent excessive damming of stormwater runoff behind the 902-1 temporary cofferdam so that inundation and flooding of adjacent property does not occur. b) The plan shall also describe the means and methods that will be used to remove all water from the work area that may infiltrate during the duration of the work including stormwater runoff that may enter the work area during normal rainfall days. 901.2.3.4 Prior to performing any excavation work, submit to Engineer a detailed shop drawing of the design, deployment, and maintenance of the silt curtain to control turbidity at the cofferdam dewatering discharge location. 901.2.4 Haul Truck Measurement 901.2.4.1 Two weeks prior to transporting any sediment off site, the Contractor shall submit to the Engineer for APPROVAL a basis for truck volume measurement for all haul trucks to be used on the project. The submittal shall consist of narrative, sketches, and photographs indicating make, model, tractor number, trailer type(s), trailer bed dimensions and the corresponding conversion to volume content at one (1) foot increments below top height level with the top of each truck trailer's four sides with and without timber side extensions. The calculation shall take into account the cross sectional shape of the trailer bed. Calculations shall be accompanied by photographs of the tractor/trailer combination. 901.3 MATERIALS 901.3.1 The materials to be removed consist of a mixture of recently accumulated deposits of fine sand, silt, and clay with high water content. Sediment sampling and testing of the material within the excavation area was performed by AMEC Foster Wheeler in 2011. A copy of the report is available for review from the City. The Contractor is advised that the sediment may contain organic and inorganic debris and trash. 901.3.2 The Contractor is advised that the material is not suitable for beach or nearshore placement because of the high silt and clay content and small concentrations of chlordane that were detected in the samples. All excavated material shall be removed from the site, hauled away by truck, and disposed at an inland site. The excavated material will initially contain high levels of salt. 901.3.3 Bidders may make their own investigations of the materials to be excavated. The City accepts no responsibility for failure of any bidder to estimate correctly the difficulties attending the execution of the work or the type of material encountered. 901.3.4 The State Department of Transportation (CalTrans) shall concurrently remove up to 600 cubic yards of sediment from their storm water culvert at the head of Semeniuk Slough located approximately at Station 1+50. Material from the culvert will consist of fine sand, silt, clay, and organic and inorganic debris. 40Yb: 901.4 EXECUTION All work shall be performed in accordance with Section 300 of the Standard Specifications, except as modified below. 901.4.1 Excavation 901.4.1.1 The Contractor shall design the temporary cofferdam and pump system to dewater the entire excavation site and maintain dewatered conditions for the duration of all excavation and sediment removal work. 901.4.1.2 The Contractor shall remove material of every description to the lines and grades shown on the Plans or as directed by the Engineer. 901.4.1.3 Clearing and Grubbing - Remove and dispose of all shrubs and plant material within the channel side slopes at those access points shown on the Plans where equipment access to the slough is desired. 901.4.1.4 Excavation of material from CalTrans storm drain a) Immediately after dewatering the Slough, the Contractor shall excavate sediment leading to the storm drain headwall between Station 1+50 and 9+50 so that CalTrans may commence removal of sediment from the culvert. b) Material within the storm drain shall be removed by CalTrans under a separate contract using a special remote controlled excavator capable of entering the low height culvert section. The equipment that will be used to perform the work shall be similar to a Rohmac Microtraxx loader (http:// rohmacinc.com/ rohmac 2010 2013 change 002.htm) or equivalent. C) Sediment that is removed by CalTrans shall be stockpiled by CalTrans near the culvert headwall, within the storm drain canal, or nearby location. Caltrans shall be responsible for maintenance of the stockpile. The Contractor shall completely remove the stockpile when CalTrans completes increments of 200 cubic yards of sediment removal from the storm drain culvert. The Contractor may temporarily relocate the material in a stockpile elsewhere within the Semeniuk Slough excavation footprint or transport and directly load trucks for immediate haul away and disposal. All material removed by the State from the storm drain culvert shall ultimately be disposed off site by the Contractor. d) The Contractor shall provide a seven (7) calendar day written notice to the Engineer when all excavation work in the Slough will be complete. At the conclusion at the seven (7) day notice period, all excavation work by CalTrans in the storm drain culvert shall cease and all material removed from the storm drain shall be placed by CalTrans in the stockpile ready for removal and disposal by the Contractor. e) At the conclusion of the Contractor's excavation work, any remaining sediment removed from the CalTrans storm drain by the State shall be loaded by the Contractor into haul trucks, and each full truck load shall be immediately hauled away from the job site for disposal off site. f) The slough area between the CalTrans storm drain and channel access point shall be restored by the Contractor to the final lines and grades shown on the Plans as required. Any material imported for temporary roadbed construction shall be completed removed from the Slough and job site and disposed off site. 901.4.2 Misplaced Materials: All excavated material shall be completely removed from the site. Misplaced material shall be immediately removed by the Contractor at his expense. 901.4.3 Excavated material may only be stockpiled within the footprint of the slough area to be excavated between Station 1+50 and Station 20+50. No material shall be stockpiled outside of the excavation footprint within the project site. Any material that is removed from the excavation footprint shall be immediately loaded into trucks and hauled away by the Contractor to his disposal site. 901.4.4 Stormwater Runoff 901.4.4.1 The Contractor is advised that the work may occur during the fall and winter months when rainfall of varying intensity and duration can occur. Stormwater runoff will enter the dewatered channel via the CalTrans storm drain culvert, individual storm drains along the west side of the Slough, and drainage paths along the east side of the Slough. 901.4.4.2 The Contractor shall design the temporary cofferdam with a sufficient overflow weir or other measures and furnish, operate, and maintain adequate numbers of pumps of sufficient size to dewater the excavation site and prevent damming of stormwater runoff that would result in flooding and inundation of adjacent property. Contractor will be responsible for managing runoff for a cumulative 1/2 -inch of precipitation over 6 -hour duration. 901.4.4.3 The Contractor shall subscribe to a professional meteorological service to provide him with at least three (3) days of advanced warning when inclement weather and storm water runoff may occur. Contractor shall use the County's nearest rain gauge for the measurement of rain. 901.4.4.4 During all times that the temporary cofferdam is in place, the Contractor shall be solely responsible to maintain dewatered conditions in the work area and prevent flooding and inundation of adjacent property. 901.4.4.5 If rain exceeds a cumulative '/z -inch of precipitation over a 6 -hour duration and floods the site such that the Contractor's low ground pressure and amphibious earth moving equipment are unable to operate, and if loading operations of the haul trucks is not feasible, the Contractor will be allowed additional contract time for rain delays to complete excavation and hauling 902-4 activities. Contractor will also be allowed reimbursement for additional dewatering and mobilization/demobilization efforts per the unit bid item. 901.4.5 Material Disposal 901.4.5.1 All trucks used to haul sediment from the site shall have their tail gate or belly dump sealed water tight so that no sediment or water leakage occurs at any time during loading, within the site access road, or on public roads and highways. The Contractor shall be responsible to immediately remove and clean up any spillage that may occur to the satisfaction of the Engineer and any jurisdiction agency. All cleanup work and compliance with local agency requirements shall be performed solely at the Contractor's expense. 901.4.5.2 The selection and use of any temporary or final disposal site shall be the sole responsibility of the Contractor whether they are existing landfills, beneficial reuse sites, or other areas. The Contractor shall be responsible for complying with any and all criteria and requirements for material acceptance at their disposal site including but not limited to laboratory testing of sediments to verify chemical and physical content and moisture content. All costs associated with obtaining off site approvals for material disposal or preparing and processing the material at a temporary disposal location for acceptance at the final disposal site shall be at the expense of the Contractor. 901.4.5.3 By submission of his bid, the Contractor warrants that he has the necessary temporary and/or final disposal site locations available and approvals in place to accept all of the excavated material immediately and without delay. 901.5 MEASUREMENT AND PAYMENT 901.5.1 Slough Material Measurement 901.5.1.1 Payment for excavation and disposal of material from the Semeniuk Slough footprint between Station 1+50 and 22+00 shall be based a comparison of topographic/ hydrographic surveys performed by the Contractor before and after completion of the excavation work. 901.5.1.2 Surveys shall be performed electronically and reduced in delimited files of easting, northing, and elevation (x,y,z). The data shall be PC compatible in ASCII format. Surveys shall meet or exceed the minimum standards for topographic and hydrographic survey work as stipulated in U.S. Army Corps of Engineers' Manuals EM 1110-1-1005 and EM -1110-1-1003. a) Cross section data shall be obtained across the full channel width perpendicular to the excavation area alignment including an additional ten (10) feet beyond excavated side slopes on both banks. b) Cross section data shall be obtained nominally every five (5) feet, at elevation breaks when change in elevation is greater than 0.25 feet within a five (5) foot horizontal distance, and at the break in slope 902-5 between the flat channel bottom and the channel side slope. C) Cross sections shall be obtained at a spacing not to exceed ten (10) feet along the excavation alignment. Channel centerline data shall be obtained nominally every five (5) feet. d) Survey data shall be converted to volume using AutoCAD Civil 3D software. Elevation data shall be TINNED into the respective pre and post excavation ground surfaces. Volume for payment shall be computed as the difference between the pre and post survey TIN volume surfaces. e) Measured volume shall be on the basis of in-place bank yards and no adjustment to volume for shrinkage or expansion of material after excavation shall be made. 901.5.2 Backup Measurement for Information 901.5.2.1 The Contractor shall maintain an accurate log of volume of material that leaves the job site each day based upon truck volume measurement. The volume of material based upon truck volume measurement shall be made available to the Engineer for reference only via the Contractor's daily report. 901.5.2.2 Prior to each filled truck leaving the site for disposal, the Contractor shall sound each truck load for material content. Soundings shall be taken at the four corners of each trailer relative to the top of the trailer side wall. The average of the four soundings shall be converted to volume in conformance with the certified volume submittal for each tractor/trailer combination used on the job. 901.5.3 CalTrans Material Measurement 901.5.3.1 Contractor payment for the removal of stockpiled material from the CalTrans storm drain shall be based on measurements performed by Caltrans to calculate the volume of material removed by Caltrans from within the storm drain as follows: a) Prior to excavating a section of culvert, the top of mudline within the storm drain shall be painted to mark existing mudline level. b) The volume of material removed and stockpiled shall be computed by measuring the total interior width, height, and length of excavated culvert box section and subtracting the corresponding volume of culvert box section space above the measured mudline elevation. Volume of material removed and stockpiled shall be computed by the average end area method at cross section increments of ten (10) feet. C) Measured volume shall be on the basis of in-place bank yards and no adjustment to volume for shrinkage or expansion of material after excavation shall be made. ,]O 901.6 FINAL ACCEPTANCE 901.6.1 Upon completion of the final survey, should any shoals, mounds, lumps, or other irregularities be disclosed by this examination, the Contractor shall be required to remove same at the contract rate for the applicable Bid Item No. 6, 8, or 11 in the Bid Proposal as determined by the location of the material removal work that is required. However, the removal of such irregularities may be waived at the discretion of the Engineer. When the area is found to be in a satisfactory condition, it will be accepted finally. "" END OF SECTION' *' 902-7 SECTION 902 - RESTORATION of SITE ACCESS POINTS 902.1 DESCRIPTION Restoration of Site Access Points work includes furnishing all labor, materials, tools, equipment, and incidentals required to re -vegetate the disturbed footprint of channel access points used for equipment access to and from the slough excavation work area. 902.2 SUBMITTALS Submit the following to the Engineer for APPROVAL prior to starting any restoration work: 902.2.1.1 Planting Plan Shop Drawing a) The shop drawing shall be prepared by a registered Landscape Architect experienced in salt water marsh plants or certified California native plant nursery professional showing the detailed planting plan for each disturbed channel access point. The plan shall detail the species, means and methods proposed to prepare the soil for planning including fertilization, how the plants are to be placed. b) The shop drawing shall include the recommended maintenance period to establish growth. C) Species list and origin (nursery or harvest) of plants to be used d) Soil amendments 902.3 MATERIAL 902.3.1 Plants shall be from a certified California native plant nursery or onsite cuttings where approved. 902.3.2 Plants shall be vigorous and healthy 902.4 EXECUTION 902.4.1 Each restoration area shall be divided into three (3) zones as follows: 902.4.1.1 Tidal zone - The area with soils that are continuously moist from the Slough itself. The width of this Zone will vary based on the location along the Slough and the slope of the re -vegetation area. Existing marsh species along the project site immediately adjacent to the access locations should be used as a reference for identifying the boundary of this zone at each location. Within this Zone, the following selection of species should be planted as 4 -inch liners (pots), at approximately six (6) inches apart. a) Seventy-five (75) percent of the planting shall be a mix of pickleweed (Salicorniapacifica) and salt grass (Disficlis spicata). 1011301 b) Twenty-five (25) percent of the planting shall be a mix of saltwort (Batts maritima) and fleshy jaumea (Jaumea carnosa) 902.4.1.2 Middle zone - The area is defined as any area outside the Tidal Zone and not within less than five (5) feet of the access road. The width of this Zone will vary based on the location along the Slough, the width of the Tidal Zone, and the proximity of the re -vegetation area to the access road. The extent of this area may be identified by using the ornamental tree line immediately adjacent to the access location as a reference. Within this Zone, the following selection of species should be planted at approximately three (3) feet apart. a) Seventy-five (75) percent of the planting shall be a mix of arroyo willow (Salix lasiolepis) planted as 5 -gallon containers and mule fat (Baccharis salicifolia) planted as 4 -inch liner (pots), or cuttings from existing mule fat shrubs onsite, as available. a) Twenty-five (25) percent of the planting shall be coyote brush (Baccharis pilularls) — planted as 4 -inch liners (pots). 902.4.1.3 Upper zone — The Upper Zone is defined as any area within five (5) feet of the access road. Within this Zone, the following selection of species should be planted as 4 -inch liners (pots), at approximately three (3) feet apart. a) Seventy-five (75) percent of the planting shall be a mix ofcoyote brush (Baccharis pilularis) and California buckwheat (Eriogonum fasciculatum). b) Twenty-five (25) percent of the planting shall be California sagebrush (Artemisia californica). 902.5 MAINTENANCE 902.5.1 Maintain project for a period of sixty (60) calendar days, commencing from the date that all other contract work has been completed to the satisfaction of the Engineer. It is the Contractor's responsibility to notify the Engineer at the beginning of the 60 - day maintenance period. 902.5.2 Replant areas that do not show a prompt establishment of plant materials. Replace dead and missing plants. 902.5.3 Perform maintenance activities at the site on a weekly basis for the duration of the maintenance period and until accepted by the Engineer. 1.0Z1YN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SEMENIUK SLOUGH MAINTENANCE PROJECT CONTRACT NO. C -3636B APPENDIX B - ARMY CORPS OF ENGINEERS PERMIT May 20, 2016 Robert Stein City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Dear Mr. Stein: I am responding to your request (SPIr2016-00147-JMV) for a Department of the Army permit for your proposed project, Semeniuk Slough Maintenance Dredging Project. The proposed project is located in Newport Beach, Orange County, California. Because construction of this project would result in a discharge of dredged and/or fill material into waters of the United States and would place structures or consist of work in or affecting navigable 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) and Section 10 of the Rivers and Harbors Act (33 USC 403). I have determined your proposed project, if constructed as described in your application, would comply with Nationwide Permit (NWP) NWP 33: Temporary Construction, Access, and Dewatering. Specifically, and as shown in the Enclosure 2: Semeniuk Slough Maintenance Dredging Plan Sheets 1-12, you are authorized to: Temporarily discharge dredged or fill material into approximately 2.1 acres of waters of the U.S. to place a temporary sheet pile coffer dam for dewatering, place access sites along the eastern bank of the Semeniuk Slough, and place a temporary gravel access road in order to excavate accumulated sediment in the Semeniuk Slough and an adjacent box culvert. 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: 1. This permit is contingent upon the issuance of a section 401 Water Quality Certification (WQC). The Permittee shall abide by the terms and conditions of the Clean Water Act section 401 i (. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 i LOS ANGELES, CALIFORNIA 90017 May 20, 2016 Robert Stein City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Dear Mr. Stein: I am responding to your request (SPIr2016-00147-JMV) for a Department of the Army permit for your proposed project, Semeniuk Slough Maintenance Dredging Project. The proposed project is located in Newport Beach, Orange County, California. Because construction of this project would result in a discharge of dredged and/or fill material into waters of the United States and would place structures or consist of work in or affecting navigable 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) and Section 10 of the Rivers and Harbors Act (33 USC 403). I have determined your proposed project, if constructed as described in your application, would comply with Nationwide Permit (NWP) NWP 33: Temporary Construction, Access, and Dewatering. Specifically, and as shown in the Enclosure 2: Semeniuk Slough Maintenance Dredging Plan Sheets 1-12, you are authorized to: Temporarily discharge dredged or fill material into approximately 2.1 acres of waters of the U.S. to place a temporary sheet pile coffer dam for dewatering, place access sites along the eastern bank of the Semeniuk Slough, and place a temporary gravel access road in order to excavate accumulated sediment in the Semeniuk Slough and an adjacent box culvert. 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: 1. This permit is contingent upon the issuance of a section 401 Water Quality Certification (WQC). The Permittee shall abide by the terms and conditions of the Clean Water Act section 401 -2- WQC. The Permittee shall submit the 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 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 60 days after receipt of a complete application, please notify the Corps so we may consider whether a waiver of water quality certification has been obtained. 2. No later than one month following completion of authorized work in waters of the U.S., the permittee shall ensure all sites within waters of the U.S. subject to authorized, temporary impacts are restored to pre -project alignments, elevation contours, and conditions, including revegetation with appropriate native plant species, to the maximum extent practicable to ensure expeditious resumption of aquatic resource functions. No later than 45 calendar days following completion of authorized work in waters of the U.S., the permittee shall submit a memorandum documenting compliance with this special condition. 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-proj ect 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 ofphotopoints) 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 NWP terms and conditions. However, if I discover noncompliance or unauthorized activities associated with the permitted activity I may request the use of discretionary authority in accordance with procedures in 33 CFR § 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 § 339.5. 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. -3- 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 JD 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 Jessica Vargas at 213-452-3409 or via e-mail at Jessica.M.Vargas@usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmapu,usace.army.mil/cm_apex/f?p=regulatory_survey. Sincerely, Daniel P. Swenson, D.Env Chief, LA and San Bernardino Section North Coast Branch Regulatory Division Enclosures p p LOS ANGELES DISTRICT p p U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2016-00147-JMV Name of Permittee: Robert Stein, City of Newport Beach Date of Issuance: May 20, 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 Jessica.M.Vargas@usace.army.mil OR 2) Mail the signed certificate to U.S. Army Corps of Engineers ATTN: Regulatory Division SPL-2016-00147-JMV 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 NWP authorization, including all general, regional, or activity - specific conditions. Furthermore, if credits from a mitigation bank or in -lieu fee program were used to satisfy compensatory mitigation requirements I have attached the documentation required by 33 CFR 332.3(1)(3) to confirm that the appropriate number and resource type of credits have been secured. Signature of Permittee Date Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 33 Temporary Construction, Access, and Dewatering. TERMS AND CONDITIONS 1. Nationwide Permit(s) NWP 33 Temporary Construction, Access, and Dewatering. Terms Your activity is authorized under Nationwide Permit Number(s) NWP 33: Temporary Construction, Access, and Dewatering, subject to the following terms: 33. Temporary Construction, Access, and Dewatering. Temporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. This NWP also authorizes temporary structures, work, and discharges, including cofferdams, necessary for construction activities not otherwise subject to the Corps or U.S. Coast Guard permit requirements. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if the district engineer determines that it will not cause more than minimal adverse effects on aquatic resources. Following completion of construction, temporary fill must be entirely removed to upland areas, dredged material must be returned to its original location, and the affected areas must be restored to pre -construction elevations. The affected areas must also be revegetated, as appropriate. This permit does not authorize the use of cofferdams to dewater wetlands or other aquatic areas to change their use. Structures left in place after construction is completed require a section 10 permit if located in navigable waters of the United States. (See 33 CFR part 322.) Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity (see general condition 27). The pre -construction notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre -project conditions. (Sections 10 and 404) Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as appropriate, in addition to any regional or case -specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. 2. Nationwide Permit General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navi ag tion. (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 pernrittee'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 NWFs 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 Floodplain. 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 tide 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. I& 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 Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No 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 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 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. hi 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. hi 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/orhttp://www.fws.gov/ipac andhit2://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 (NHPA) 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(g)). 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 NEPA 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 NEPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to 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 pemritted 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. (I) 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 Ouality. 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(1)(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(f)) 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 permit(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 NWP 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 Erigineer, 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). 3. 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: http://www.Ml.usace.anny.niil/missions/re lug atory. 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.snl.usace.army.mil/missions/repulatory/l; 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 Calif6mia, 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: hap://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, Pim 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 veinal 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: (X) 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). ( ) 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 any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Q �EwPpRr CITY OF z NEWPORT BEACH City Council Staff Report October 25, 2016 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Robert Stein, Assistant City Engineer, rstein newportbeachca.gov PHONE: 949-644-3322 TITLE: Semeniuk Slough Maintenance Project — Award of Construction Contract (15X17) ABSTRACT: Construction bids for the Semeniuk Slough Maintenance Project (see Attachment A for Location Map) have been reviewed and staff requests City Council approval to award the construction contract to Innovative Construction Solutions (ICS). RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(H) — Minor Alteration of Land, of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Authorize Mayor to execute a Cooperative Agreement 12-711 with Caltrans for its contribution of $500,000 to the project on a form approved by the City Attorney and Caltrans; d) Approve Budget Amendment No. 17BA-015 recognizing a contribution from Caltrans in the amount of $500,000, appropriating $500,000 to Account 13501-980000- 15X17, and, appropriating $182,000 from Tidelands Maintenance Fund unappropriated balance to Account No. 10001-980000-15X17 for Semeniuk Slough Maintenance Project; e) Award Contract No. 3636B to ICS for the total bid price of $1,572,800.00, and authorize the Mayor and City Clerk to execute the contract; and f) Establish a ten percent contingency of $157,000 to cover the cost of unforeseen work not included in the original contract. 14-1 Semeniuk Slough Maintenance Project — Award of Construction Contract October 25, 2016 Page 2 FUNDING REQUIREMENTS: With execution of the Caltrans Cooperative Agreement and approval of the budget amendment, the project budget includes sufficient funding for this contract. It will be expensed to: Vendor Purpose Amount ICS Construction Contract $1,572,800.00 ICS Construction Contingency 157,000.00 Inspection Services Construction Inspection 50,000.00 Various Incidentals, Printing 12,200.00 Total $1,792,000.00 Proposed uses are: Account Description Account Number Amount Tidelands Maintenance 10001-980000-15X17 $1,292,000.00 Caltrans Contributions 13501-980000-15X17 500,000.00 3 Total $1,792,000.00 Under the proposed Cooperative Agreement with Caltrans, Caltrans will pay the City $500,000 to 1) remove sediment in a 200 foot open -channel reach of the slough within Caltrans right-of-way that leads to its box culvert, 2) provide access for Caltrans equipment to enter the box culvert to remove accumulated sediment, and 3) remove sediment Caltrans excavates from its box culvert. DISCUSSION: At 10 a.m. on October 13, 2016, the following bids for this project were submitted to Planet Bid: The low bid by ICS is 5% above the Engineer's Estimate of $1,500,000. ICS possesses a California State Contractors License Classifications "A" as required by the project specifications. ICS attended the mandatory pre-bid meeting on October 5 at City Hall, as well as the optional site visit with staff on October 10 to review site access into the slough area. A check of the Contractor's references indicates ICS has satisfactorily completed projects of similar size and complexity involving excavation, removal, and disposal of low strength, wet, fine grained marsh and estuarine sediment where use of low ground pressure and/or amphibious earth moving equipment was required. 14-2 Bidder Bid 1 Innovative Construction Solutions ICS $1,572,800.00 2 Beador Construction $1,760,300.00 3 Earth Construction & Mining $1,787,006.00 4 KEC Engineering $2,164,500.00 The low bid by ICS is 5% above the Engineer's Estimate of $1,500,000. ICS possesses a California State Contractors License Classifications "A" as required by the project specifications. ICS attended the mandatory pre-bid meeting on October 5 at City Hall, as well as the optional site visit with staff on October 10 to review site access into the slough area. A check of the Contractor's references indicates ICS has satisfactorily completed projects of similar size and complexity involving excavation, removal, and disposal of low strength, wet, fine grained marsh and estuarine sediment where use of low ground pressure and/or amphibious earth moving equipment was required. 14-2 Semeniuk Slough Maintenance Project — Award of Construction Contract October 25, 2016 Page 3 The Semeniuk Slough Maintenance Dredging Project, a cooperative project led by the City of Newport Beach with support by Caltrans, proposes to restore flood conveyance capacity in Semeniuk Slough and the State-owned storm drain box culvert that drains into the south end of the slough to restore the channel within the slough to its original depth of three feet below the Mean Lower Low Water. This depth will match that of the recently restored downstream section at the Santa Ana Marsh by the U.S. Army Corps of Engineers. The construction work will be performed "in -the -dry" by construction of a temporary sheet pile cofferdam across the channel at the north end and then dewatering the channel. Water pumped out during the dewatering operation will be discharged within a silt curtain enclosure adjacent to the cofferdam. The silt curtain will intercept and contain sediment so any accumulation can be removed at the end of the project. The sheet piling will be completely removed at the conclusion of all dredging work. Conventional land-based equipment consisting of excavators, blades, and front-end loaders will be used by the City's contractor to remove approximately 8,500 cubic yards of sediment within the main body of the slough. An additional 2,000 cubic yards of sediment will be removed by the City's contractor from the storm drainage ditch immediately south of the slough channel and a portion of the Caltrans storm drain. Sediment deposits within the 14 -foot -wide by 5 -foot -high box culvert will be removed by Caltrans using a small, low -height, remotely controlled excavator that is specially designed for such work. The excavator will temporarily stockpile material near the entrance to the culvert. All excavated material will be hauled inland and disposed of immediately at an approved and selected disposal site. A temporary 800 -foot -long gravel roadway will be placed in the culvert drainage ditch and south end of the Semeniuk Slough channel bed to allow an off-highway truck to haul the sediment from the culvert opening to the highway truck loading area. Approximately 1,000 tons of gravel will be imported and placed in a 15 -foot wide, 18 -inch thick roadbed section. All gravel will be removed from the channel bed and hauled away after the culvert cleaning operation is complete. Non-native vegetation will be removed along the east bank of Semeniuk Slough at five locations to provide equipment access. Access points will be selected where non-native plants and non-native vegetation currently exist. The California Coastal Commission determined that a coastal develop permit is not required for this project and issued the City a De Minimis Waiver on March 10, 2016. Pursuant to the Contract Specifications, the contractor will have 180 consecutive calendar days to complete project tasks. Construction management services, including a pre -construction bird -nesting survey would be performed by Noble Consulting, Inc. (Noble), the design consultants. These services are funded under Noble's current contract. To support the City's inspection of the project, inspection services will be contracted with an On -Call contractor. 14-3 Semeniuk Slough Maintenance Project — Award of Construction Contract October 25, 2016 Page 4 ENVIRONMENTAL REVIEW: A Categorical Exemption for this project was filed with the Orange County Clerk on November 16, 2015. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (H) (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No sensitive biological resources are identified with the project limits. The project will not result in damage to scenic resources. The project will not impact any hazardous waste sites. All excavated sediment will be removed offsite and disposed of in a licensed facility. No listed historical resources are within or nearby the project. No unusual circumstances are identified for the project site. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Caltrans Cooperative Agreement 122-711: State Highway and Protection Program Minor Funds Contribution Attachment C — Budget Amendment 14-4 e o izs zso Feet PIP Cofferdamn Location Additional Excavation by City Contractor as feasible Base Project by City Contractor Box Culvert Excavation by Caltrans Caltrans Area Excavated by City Contrator Semeniuk Slough Award City of Newport Beach GIS Division September 12, 2016 14-5 ATTACHMENT B 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 COOPERATIVE AGREEMENT State SHOPP Minor Funds Contribution This Agreement (AGREEMENT), effective on , 2016, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and City of Newport Beach, a chartered city of the State of California, referred to hereinafter as CITY. RECITALS A. PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per the California Streets and Highways Code sections 114 and 130. B. This Agreement shall have no force or effect until CITY has obtained an encroachment permit from CALTRANS. C. CITY has a separate project underway to dredge Semeniuk Slough in the City of Newport Beach. Semeniuk Slough constitutes part of the drainage system for a CALTRANS culvert that runs along State Route 1 from Superior Avenue to Semeniuk Slough. PARTNERS intend for CITY, on behalf of CALTRANS, to design, permit, and obtain environmental clearances for the dredging of the approximate 200 foot section of said drainage system within the SHS that lies between the outlet end of said culvert and the Semeniuk Slough, and then to dredge said 200 foot section of said drainage system, which undertaking is referred to herein as PROJECT. D. CITY shall implement all improvements in conjunction with the Semeniuk Slough in accordance with Encroachment Permit number 16-0-665 (EP) issued and approved by CALTRANS. All work including but not limited to design, environmental clearances to upgrade and dredge the approximately 200 foot long drainage system within the SHS shall not commence until the EP is obtained by the CITY and any contractors performing the work. E. CITY will follow the CALTRANS encroachment permit process in order to complete the PROJECT. F. CALTRANS will pay CITY the total amount of Five Hundred Thousand Dollars and 00/100 ($500,000.00) from SHOPP Minor Funds required for PROJECT. G. PARTNERS hereby set forth the terms, covenants, and conditions for CALTRANS' contribution toward the PROJECT. Minor Funds Contribution Agreement 20120606 Pagel of 8 14-6 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12-711 SCOPE 1. As part of CITY's separate project to dredge Semeniuk Slough, CITY agrees to prepare any necessary additional environmental documentation and coordinate, prepare, obtain, and implement, resource agency permits and process for approval resource agency permit applications, environmental clearances, and construction drawings, specifications and cost estimate for the PROJECT. 2. CITY will specify the work for its contractor in three parts and three corresponding bid items, which work will thereafter be performed by said Contractor as part of this AGREEMENT: a. The dredging of 200 feet of channel to the approximate designed flow line of the CALTRANS box culvert to the end of Semeniuk Slough (depicted as "Area A" in the attached Exhibit A); b. The creation of a stockpile area near the end of the CALTRANS box culvert (depicted as "Area B" in the attached Exhibit A) for the use by the contractor; and c. Removal of material stockpiled by the contractor at the stockpile area. Per the provisions of the specifications, the contractor shall be required: a. To complete the first two above tasks prior to dredging the remaining areas of the slough and b. To remove material from the CALTRANS stockpile area before it exceeds 200 cubic yards for an anticipated period of six (6) to ten (10) weeks, weather permitting. 3. At no cost to CITY, CALTRANS will provide IQA to assure CITY's work is performed within State right of way in accordance with CALTRANS' current policies, procedures, standards, and practices. INVOICE & PAYMENT 4. CITY will invoice CALTRANS for an initial deposit of Three Hundred Thousand Dollars and 00/100 ($300,000.00) to be paid to CITY no later than forty five (45) days after execution of this AGREEMENT. 5. Thereafter, CITY will submit to CALTRANS monthly invoices for the prior month's actual expenditures. 6. After PARTNERS agree that all work for PROJECT is complete, CITY will submit to CALTRANS a final accounting for all costs. Based on the final accounting, the CITY will refund or invoice to CALTRANS as necessary in order to satisfy the financial commitment ofthis AGREEMENT. Minor Funds Contribution Agreement 20120606 Page 2 of 8 14-7 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12-711 7. PARTNERS agree that the total amount of SHOPP Minor funds paid out to CITY will not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00). GENERAL CONDITIONS 8. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 9. CALTRANS and CITY agree that the PROJECT construction contract will be awarded within the same fiscal year in which the SHOPP minor funds are allocated, subject to the provisions of Article 8 hereof 10. At the end of the PROJECT construction contract, CITY shall, at CITY's expense, return the SHS right of way to a safe and operable condition acceptable to CALTRANS. If CITY fails to do so, CALTRANS reserves the right to finish the work or place the PROJECT in a safe and operable condition. CALTRANS shall invoice CITY for all expenses incurred as a result, and CITY agrees to pay said invoice to CALTRANS within forty five (45) days of receipt. 11. Unless agreed to otherwise by CALTRANS under an amendment, CITY shall complete PROJECT. CITY shall, at CITY's expense, return the SHS right of way to its original condition or to a safe and operable condition acceptable to CALTRANS. If CITY fails to complete the PROJECT for any reason, PARTNERS will agree to an amendment to the AGREEMENT to process a refund of the unspent contribution back to CALTRANS. The amount to be refunded will be paid to CALTRANS no later than forty- five (45) days after the execution of the amendment. 12. CITY agrees to provide project management of PROJECT and coordinate the PROJECT with CALTRANS. CALTRANS agrees to attend project management meetings. 13. CITY will review the bid items of the low bidder with CALTRANS. At that time, CALTRANS may adjust the scope of work for those bid items provided there is no increase of costs to CITY. 14. CITY agrees to make a good faith effort to complete all work for the PROJECT within six (6) to ten (10) weeks. PROJECT progress shall be discussed at PROJECT meetings and adjustments will be made as needed to facilitate removal of stockpiled material. 15. CITY will require the contractors working in State right of way to have a CITY business license and pay the licensing fee. 16. CALTRANS shall require its contractor to have appropriate insurance and bonding. The CITY OF NEWPORT BEACH shall be named as additionally insured. Minor Funds Contribution Agreement 20120606 Page 3 of 8 14-8 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 17. CITY will require the PROJECT construction contractors to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications. 18. CITY and CALTRANS will retain all PROJECT related records for three (3) years after the final voucher. 19.1f HM -1 or HM -2 1s found during construction, CITY will immediately notify CALTRANS. 20. CALTRANS, independent of PROJECT, is responsible for any HM -1 found within the existing SHS right of way. CALTRANS will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to PROJECT schedule. CALTRANS will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right of way. 21. CITY, independent of PROJECT, is responsible for any HM -1 found within PROJECT limits and outside the existing SHS right of way. CITY will undertake or cause to be undertaken HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to PROJECT schedule. CITY will pay, or cause to be paid, the cost for HM MANAGEMENT ACTIVITIES related to HM -1 found within PROJECT limits and outside of the existing SHS right of way. 22. I£ HM -2 is found within PROJECT limits, CITY will be responsible for HM MANAGEMENT ACTIVITIES related to HM -2. 23. HM MANAGEMENT ACTIVITIES costs related to HM -2 are PROJECT costs. CALTRANS acknowledges and agrees that if the costs associated with HM MANAGEMENT ACITIVITES related to HM -2 within the existing SHS right of way cause CALTRANS' $500,000.00 contribution to be exceeded, CALTRANS will increase its contribution to cover these additional costs. 24. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT. Minor Funds Contribution Agreement 20120606 Page 4 of 8 14-9 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 25. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY , its contractors, sub- contractors, and/or its agents under this AGREEMENT. 26. If the work performed on this PROJECT is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's prevailing wage requirements. CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this AGREEMENT when the work to be performed by the subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts. 27. This AGREEMENT is intended to be PARTNERS' final expression and supersedes all prior oral understanding pertaining to PROJECT. 28. Unless otherwise documented in a maintenance agreement, CALTRANS will maintain all PROJECT improvements. 29. This AGREEMENT will terminate upon CALTRANS' acceptance of the PROJECT. However, all indemnification and maintenance articles of this AGREEMENT will remain in effect until terminated or modified in writing by mutual agreement. Minor Funds Contribution Agreement 20120606 Page 5 of 8 14-10 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 DEFINITIONS IQA (Independent Quality Assurance) - CALTRANS' efforts to ensure that another PARTNER'S quality assurance activities are in accordance with the applicable standards and the PROJECT's Quality Management Plan (QMP). When CALTRANS performs IQA it does not develop, produce, validate, verify, re -check, or quality control another PARTNER'S work products. HM -1 - Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM -2 - Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only ifdisturbedby PROJECT. HM MANAGEMENT ACTIVITIES - Management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements and disposal facility designations. PARTNERS - The term that collectively references all of the signatory agencies to this AGREEMENT. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally bind the other parties. SHS -State Highway System Minor Funds Contribution Agreement 20120606 Page 6 of 8 14-11 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTNER to this AGREEMENT. PARTNERS will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. The primary AGREEMENT contact person for CALTRANS is: Bob Bazargan, Project Manager 3347 Michelson Drive Irvine, CA 92612 Office Phone: (949) 724-2100 Email: bob.bazargan@dot.ca.gov The primary Agreement contact person for CITY OF NEWPORT BEACH is: Dave Webb, Public Works Director PO BOX 1768 Newport Beach, CA 92658 Office Phone: (949) 644-3100 Fax Number: (949) 644-3308 Email: dawebb@newportbeachca.gov Minor Funds Contribution Agreement 2012_06_06 Page 7 of 8 14-12 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 SIGNATURES PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this AGREEMENT. 3. The people signing this AGREEMENT have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Adnan Maiah Deputy District Director Capital Outlay Program CERTIFIED AS TO FUNDS: By: Neda Saber District Budget Manager Attachments: ExhibitA—SiteDepiction Minor Funds Contribution Agreement CITY OF NEWPORT BEACH Diane B. Dixon Mayor ATTEST: IIn Leilani I. Brown City Cleric APPROVED AS TO FORM AND PRO By:CEDU (4,) Aaron C. Harp U .m , o 1 %311 cp City Attorney Page 8 of 8 14-13 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12-711 EXHIBIT A SITE DEPICTION A x - rea A } k 0 ..4 e y. Area B Minor Funds Contribution Agrcenient Page A -I 14-14 ATTACHMENT C City of Newport Beach BUDGET AMENDMENT 2016-17 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations 100 Transfer Budget Appropriations SOURCE: Number 980000 Org from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 17BA-015 AMOUNT:1 $682,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to record a $500,000 contribution from Caltrans for the Semeniuk Slough Dredging project and also appropriate $182,000 from Tidelands Fund Balance for the same project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 100 300000 REVENUE ESTIMATES Number 980000 Org Object 13501 431095 Project String EXPENDITURE APPROPRIATIONS Description Tidelands - Fund Balance Amount Debit Credit $182,000.00 Proiect Description 15X17 Contributions Fund/Caltrans Contribution/ $500,000.00 Semeniuk Slough Dredging F -15X17 -STATE -135 -CONTRIB Signed City Council Approval: City Clerk Date 14-15 Description Org Number 13501 Contributions Fund CIP Object Number 980000 CIP Expenditures Project Number 15X17 Semeniuk Slough Dredging $500,000.00 Project String E -15X17 -CONSTRUCT-135 -UNASSIGNED Org Number 10001 Tide & Submerged Land CIP Object Number 980000 CIP Expenditures Project Number 15X17 Semeniuk Slough Dredging $182,000.00 Project String E -15X17 -CONSTRUCT-100 -UNASSIGNED Automatic System Entry. Signed: lG-1%�l kj Financial Approval:Fina e Direct r Date Signed: Administrative Approval: City Manan er Date Signed City Council Approval: City Clerk Date 14-15 October 25, 2016 Item No. 14 SEMENIUK SLOUGH MAINTENANCE PROJECT AWARD OF CONSTRUCTION CONTRACT City Council Meeting October 25, 2016 Public Works Department A Well -Engineered, Machine IR �iaki�ilOen.�2ri�Ihaar��kimni,����uomse.Paruua,■ri���rdnc■r � noaoi3racacr.wma ■ tr r: z h. C33.the-n Marsh w; Eautme & C-Dre S ample Location " ❑ Agh 6nGenid3 irrMdal torojcct Overview and Core Sample Loc adoms ®..W1■ 4,ZM.IWh■4Mr..r CALTRANs BOX CULVERT 1 Us Schedule: • Award: 10/25/16 • Start construction: December 2016 • Completion: Late Winter/Spring 2017 End of Presentation