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
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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
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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.
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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.
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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.
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• 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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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• 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.
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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."
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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
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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
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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
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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
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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
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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
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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
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CALTRANs BOX CULVERT
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Schedule:
• Award: 10/25/16
• Start construction: December 2016
• Completion: Late Winter/Spring 2017
End of Presentation