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HomeMy WebLinkAboutC-8171-2 - Grand Canal Dredging Project - Phase 2November 19, 2020 Associated Pacific Constructors, Inc. Attn: Paul E. Gillen 495 Embarcadero Morro Bay, CA 93442 Subject: Grand Canal Dredging Project — Phase 2 — C-8171-2 Dear Mr. Gillen: 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039PAX newportheachca.gov On November 19, 2019, 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 November 21, 2019 Reference No. 2019000485210. The Surety for the contract is Western Surety Company and the bond number is 30057414. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30057414 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 14,883.00 , being at the rate of $ First $500,000 - 14.40 = $7,200.00 * thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific ** hereinafter designated as the "Principal," a contract for Grand Canal *** 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. ** Constructors, Inc. *** Dredging Project - Phase 2 - Contract No. 8171-2 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 western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million **** DollarS$1,383,070.00 ( )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. **** Three Hundred Eighty Three Thousand Seventy and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Page B-1 * Next $883,070 - $8.70 = $7,682.71 notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of November ,2018 . Associated Pacific Constructors, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1000 Wilshire Blvd., Suite 1800, 18th Floor Los Angeles, CA 90017 Address of Surety (213)452-5961 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I "i. L �If� By dcar FOCAaron C. Harp -N t-L.3.rs City Attorney a� Au orized Signature/Title Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ----- 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 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. (seal) State of California County of 1 ss. On 20 before me, "Please See Attached*" Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) -- -_._— -- Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE t.R P.<.. <. x<q`i\<.m<, w¢ <.cX.a\ w .R. <a\ s\<.a\ '.<.'\<.: a�0':• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 11/20/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name*of Sign(( who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in his/her/their authorized capacity(, and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the persons) 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. A. MACFARLANE Notary Public - California Orange County Signature —�%�LG-R-'---^^ Commission W 2198592 My Comm. Expires Mar 27,202 ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 30057414 Document Date: 11/20/2018 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates - ❑ Corporate Officer — Title(s): U Partner — ❑ Limited U General ❑ Individual IRAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Western Surety Company _ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General U Individual ❑ Attorney in Fact ❑ Trustee U Guardian or Conservator U Other: Signer Is Representing: KeS .y1: < ti _ • c eh•✓.<✓<'.v ia: 4'v..• 41✓ O 1 • • • • •v • • . :11 • :11 • 1: 11 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SIIRL I'Y COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Palls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Individually of Irvine, CA, its true and lawful Altomey(s)-in-Fact with full power and authority hereby co lentil to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar wtme, - In Unlimited Amounts .. and to bind it thereby es fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said Attorney, pursuant to die authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed personal to and by authority of the Hy -law primed on the reverse hereof, duly adopted, m indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN St1RE'I'Y COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of June, 2015, WESTERN SURETY COMPANY n -- O Vice President Site of South Dakota County of Miwchaha as On this 9W day of June, 2015, before we personally came Pad T. RmFlet, to me known, who, being by the duly swom, did depose and say: that he resides in the City of Sioux Fells, State of South Dakota; that he is the Vice President of WESTERN SUR Ii IY COMPANY described in and which eemutal the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Road of Directors of said corporation and that he signed his nine thereto pursuant to like authority, and acknowledges more to be the act and deet of said corporation. My commission expires �••�a+aawMwaM,w.wvawsr February 1212021,.`. (°Gi1SOUTH QAKOIA� _.--------- S. Eich, Notary Public CERTIFICATE 1, L Nelson, Assistant Secretary of WESTERN SUREIY COMPANY do hereby certify that the Power of Attorney heminalwve set fbrtlt is still in force, and further certify that the oy-lAw of the corporation printed on the reverse hermf is still in force. In testintmry whereof 1 have hereunto subscribed my wine and afFud the sent of the mid corporation this 20th _ __fila ofNovember 2018 WESTERN SURETY COMPANY For. F4280-7-2012 L. Nelson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of On _ Z/ Zoe$ before me, f P7 V / e141 Date Here Insert Name and Titl of the Officer personally appeared ��y� E W l Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/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. ROBIN J. LUDWIG Cornnlleaion N 2126739 Notary Public • CtlBornle Sen Luh Obhpo County MY Cantu. = San 14.20121 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_ /��--✓Y"L, / �v cL- /7` J_ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached DoqUment Title or Type of Document: M*4.0404'/ 30"?4/yDocument Number of Pages: %_yY— Signer(s) Other Than Named Above: __ Capacity(ies) Clairpqd by Signgr( 1 Signer's Name: __.._fld✓/ LC• G��IC� corporate Officer — Title(s): ✓'eW e- To, 4_ I I Partner — I Limited I I General I I Individual Attorney in Fact I I Trustee Guardian or Conservator I I Other: Signer Is Representing: Date: /I Zd�8 Signer's Name: _ I I Corporate Officer — Title(s) I I Partner — I I Limited I I General I I Individual 1 Attorney in Fact I Trustee Guardian or Conservator I Other: Signer Is Representing: ����w��-w•w� s.�w�uu+�;cn�� we?�.�=�w��s�s=.������=e�w�c.�+s�v�aa�s��,�si� 02014 National Notary Association ° www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 January 27, 2020 Associated Pacific Constructors, Inc. Attn: Paul E. Gillen 495 Embarcadero Morro Bay, CA 93442 Subject: Grand Canal Dredging Project -Phase 2 - C-8171-2 Dear Mr. Gillen: CITY OF NEWPORY BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 rAx newportbeachca.gov On November 19, 2019 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 November 21, 2019, Reference No. 2019000485210. The Surety for the bond is Western Surety Company and the bond number is 30057414. Enclosed is the Labor & Materials Payment Bond. Sincerely, t , Leilani I. Brown, MMC City Clerk Enclosure Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30057414 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Associated * hereinafter designated as the "Principal," a contract for Grand Canal ** 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. * Pacific Constructors, Inc. ** Dredging Project - Phase 2 - Contract No. 8171-2 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, Western Surety 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 Three *** Dollars (41,383,070,00_j lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. *** Hundred Eighty Three Thousand Seventy and 001100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. —____. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of November 2016 Associated Pacific Constructors, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1000 Wilshire Blvd., Suite 1800, 18th Floor Los Angeles, CA 90017 Address of Surety (213)452-5961 Telephone APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date: I -Z,?,Of � By: juAZ m,P-Aaron C. Harp f1•9•fs City Attorney !rte f wL Authorized Signatu e/Title Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED . 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 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. (seal) State of California County of ) ss. On 20 before me, "*Please See Attached** Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 CALIFORNIA•" • r • 1 rry public or other officer completing this certificate verifies only the identity of the individual who signed the ent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 11/20/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons) whose name(is) is/are subscribed to the within instrument and acknowledged to me that +Wshe/they executed the same in his/her/their authorized capacity(, and that by his/her/their signatureZ on the instrument the person* or the entity upon behalf of which the persons) acted, executed the instrument. A. MACFARLANE Notary Public - California Orange County Commission # 2188592 My Comm. Expires Mar 27,202 7 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature? Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 30057414 Document Date: 11/20/2018 Number of Pages: Three(3 Signer(s) Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: Rebecca 1-laas-Bates ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited 11 General ❑ Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety omoany Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Ll Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Y2�✓ 'YgyG� 5 L.<l✓ \ .i(�K:G4-r.0 ' 001 • •01• •Y • •' • • :11 • :IIw ..: rl Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AB Mau By There Presenta, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existiag corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar mture - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate said to be hello affixed on this 9th day of June, 2015. wr�r. WESTERN SURETY COMPANY '0��11 J—�'a-•� - a�ul/T.. nutlet, Vice President State of South Dakota l Jj ss County of Minnchaha On this 9th day of June, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly swam, did depose and say: that he resides in the City of Sioux Fells, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate sea]; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his race thereto pursuant to like authority, and acknowledges some to be the act and dead of said corporation. My commission expires S. EIwa...,v...,c.! s��✓�+!,K 3. EICM � February 12 2021 _- : JSOUTHt avM� • ' (11,/x` w�Mr\\YM\rh\�OVVV40 CERTIFICATE S. Eich, Notary Public 1, 1, Nelson, Assistant Secretary of WESTERN SUREIY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in fame, and further certify that the By -Law of the corporation printed on the reversc hereof is stilt in force. In testimony whereof 1 have hereunto subscribed my nomeandaffuxol the seat of the said corporation this 20th_ __,..._,dayof Novernber —. 2018 CE24-ae) WESTERN SURETY COMPANY nn F4280-74012FoF4280-74012 / L. Nelson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A'.mL.cM-s sfw \sysfs .a .Ass .as .A<.T .wLca2sLa2s s2 st s2 w2 n n A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of On �//2d/f! _beforeme,A474, yJ�/�.J6/.C, Date Here Insert Name an Title of the Oficef r personally appeared Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/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. ROBIN J. LUDWIG Commission • 2126739 Notary Public - California San Luis Obispo County Comm. E ras Sao 14 2019 + Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Lt/ ! Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docunt / Title or Type of Document: 7/ nrei/-/m11 113065 W)" Document Number of Pages: Pyeel. Signer(s) Other Than Named Above: Capacity(ies) Claim d by ne}( Signer's Name: Si? _ '41Eorporate Officer — Title(s): trrle rql L 1 Partner —, )Limited I I General I 1 Individual i I Attorney in Fact I I Trustee I I Guardian or Conservator I I Other: Signer Is Representing: Date: / Zo 16 --- Signer's Name: I I Corporate Officer — Title(s): I I Partner — I I Limited I! General I I Individual I Attorney in Fact I Trustee Guardian or Conservator I Other: Signer Is Representing: �a�'���H� 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Batch 5492961 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 2 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II111111111111111111111111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIII NO FEE « $ R 0 0 1 1 2 9 3 0 2 2$« 2019000485210 8:23 am 11/21/19 227 NCR2 N'12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 Associated Pacific Constructors, Inc., Morro Bay, California, as Contractor, entered into a Contract on October 23, 2018. Said Contract set forth certain improvements, as follows: Grand Canal Dredging Project — Phase 2 - C-8171-2 Work on said Contract was completed, and was found to be acceptable on November 19 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. M. 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 I �oGT7't11� at Newport Beach, California. ,111 u. 11 -y . https://gs.secure-recordiiig.com/Batch/Confirmation/5492961 11/21/2019 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 Associated Pacific Constructors, Inc., Morro Bay, California, as Contractor, entered into a Contract on October 23, 2018. Said Contract set forth certain improvements, as follows: Grand Canal Dredging Project — Phase 2 - C-8171-2 Work on said Contract was completed, and was found to be acceptable on November 19, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY 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. NORM +� �,, Executed on 1 "OVY/IVlt�l� [� &I at Newport Beach, California. BY A&4-/ i % City Clerk CITY CLAM 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 11:00 AM on the 9th day of October 2018, at which time such bids shall be opened and read for GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 $1,300,000.00 Engineer's Estimate Approved by V Micha . Sinacori Acting ty Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project. "A" For further information, call Kathryne Cho, Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 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 ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via Planet8ids) 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 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time 4 period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been review —7z�— Contractor's License No. & Classification Auth ri ed SignatureI i zals DIR Reference Number & Ex�piiratioon" ate/ Date �SdC/�c� �l"�cu�'IG C /►�tyVtJr�✓S� �N� - Bidder 5 City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 BIDDERS 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 Total Amount Bid --- Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of GRAND CANAL DREDGING PROJECT - PHASE 2, Contract No. 8171-2 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 8th Associated Pacific Constructors, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1000 Wilshire Blvd., Suite 1800, 18th Floor Los Angeles, CA 90017 Address of Surety (213) 452-5961 Telephone day of October , 2018. f sr Authorized Sig ature/Title Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) R ACKNOWLEDGMENT ...................................................... N N a 0 E E .................. ■ State of California County of "Please See Attached" }ss. On personally appeared before me, Notary Public, ,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 ea(} ................................................ 0 0. 0 0 E ............ 0 0 M M M N N M M a 0 0 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 .�.a..a•.a..a�<.ac.a•s�,e.a.-aes�t.a•.c�..a. ae.a•!s� .a •.a�..caa�, .a•.e� _a _. .cam•, ae_acs�._c�. e �..aC.a .a•.a._ .a.-ae a< § A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 10/08/2018 before me, Liliana Date personally appeared Rebecca Haas -Bates Notary Public Here Insert Name and Title of the Officer NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name( is/are subscribed to the within instrument and acknowledged to me that fae/she/tNw executed the same in his/her/t1wir authorized capacity(it*, and that by hWher/i'heir signature�S*on the instrument the person(* or the entity upon behalf of which the personK acted, executed the instrument. LILIANAGOMEZ a Notary Public - California a` L Orange County Commission k 2243326 My Comm. Expires May 20, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature,-- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 10/08/2018 Number of Pages: Three(3) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Ll Individual VAttorney in Fact ❑ Trustee ❑ Guardian or Conservator L i Other: Signer Is Representing: — Western Surety Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 1.7 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of June, 2015. IS WESTERN SURETY COMPANY 0►°so 3Rr ��aul T. Bruflat, Vice President State of South Dakota County of Minnebaha I as On this 9th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires #•�+'�r++�r+wti.«a�.a.. S. ETCH Febnrary 12, 2021 i4MOUTH CAMMO MM�tiMr.rrrMMtiM..Mti � CERTIFICATE S. Eich, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 8th day of October 2018 �& WESTERN SURETY COMPANY � scA�► .� '»r o+� Form F4280.7-2012 • L. Nelson, Assistant Secretary ACKNOWLEDGMENT ............................................................................... State of Californ County of �� } ss. On / D before me, Notary Public, personally appeared 1P�=__ l !*4 ,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. rw - E S my n an �fficial seal. BROOR C R N N Fd 001 //� COMM. #2099748 z Notary Public • California Orange County !@my Comm. Expires Feb. 10, 2019 iOaturg/ IV Ste._/ .................. 0 N N N M M ....................... ■ .................. 0 N M M M M a N M M M■■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. Bidder shall provide DIR registration numbers for each subcontractor listed. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidder Authori ed Signature/Th le Ccv� 4,5, Gc 4,41, M City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name A��I�alel �ci�t� (mac J�(/u��S, ;iWjr. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates Agency Name To: V�/ // 7 Com Contact Person //,ii,/' 7A(JSe✓ Telephone �!!i� 0`�y Original Contract Amount $S17s0&inal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) /ell/ / 47" &,/ /'ma c -C_/ S� e��. A,4A GV ry /,_ cir r,- ��•�� �v d�✓'`� Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Project Description 42y oyc.14.41 ce- a&T�Gc Approximate Construction Dates: From ?Z/ /% To: Agency Name Contact Person Telephone �3�./�� Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description ,iCE'�eve- / /ceD// [. C n/eL zulX/C. Approximate Construction Dates: From �d �/� To: G Zc=k /7 Agency Name n Contact Person Beh e!�� /4 A-1 Telephone (3/4� JS`76- .3a -2 S* a , -5 7 21 5 -vv Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) a/ lw'�'e 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. 11 C�,r.GZti// No. 4 Project Name/Number Project Description Approximate Construction Dates: From /Z131 -1 To: ��LyYc "-J/ Agency Name C. le,Me Contact Person &IV' - ���j114�elephone (jam 3G�" 6/516 / /a -Z> Original Contract Amount $ Final Contract Amount $ l a 7� '7 JS— If final amount is different from original, please explain (change orders, extra work, etc.) "dam., / PJ-"Ik eYlVee-4 � h4, lbw A. ✓ Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person 1C.3 Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Z �, Project Name/Number ��f/ Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. /r Bidder Authorized Si�gnnaturree/Ti/e % 13 City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 NON -COLLUSION AFFIDAVIT State of California , ) (5g,g� iC mit d ) ss. County of Pl E• I�GrJ bei first dulyswgrn, eposes andsays that he or she is /v,S/C eco of / Gcti/C/ C , _,. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Californ' that the foreg 'ng is true and correct. �3 �Gfu�z� ccCr�ic �on�✓JicJ7t/S, .:�� � r -- Bidder Authorized Signature/Title VAal Subscribed and sworn to (or affirmed) before me on this=day ofj0ela �, 2018 by Ql.�/� moi./�✓ 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. y Notary Public ROBIN J. LUDWIG Commission #► 2126739 [SEAL] No Notary Public -.California z San Luis Obispo County D My Commission Expires: 17//4/ / COAMREXWGI S 14 2019 14 City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 DESIGNATION OF SURETIES Bidder's name 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): �'Y1 illr,✓A/iv,A --COV 1404�_& S�.b j 4-1 L!�� has 57 -7- 4e �i� zS-6 /�b�Ca✓S 15 City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL l_ Bidder's Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2017 2016 2015 2014 2013 Total 2018 No. of contracts 7►1 14')S--S— Total dollar Amount of Contracts (in Thousands of $) t� �.3 �Da No. of fatalities llJ No. of lost Workday Cases 40 A6 40 �6 JQ No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of _7rA4 . Business Address: Eyy �« e�O ayrd�J34��-Z Business Tel. No.: State Contractor's License No. and Classification: 917 e g 6 —14 Title HeraWevrc^7o--7 a Oc7iV The above information was compiled from the records that are available t me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. n Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 ............. _c---CC.wsSCCC.a�CC•_^.�C A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ( &S On "01,fJ-?,j /�before me, h�JG �1 L(Gd% d U l4 Date Here I%sert Name and Tkle of the Off er personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(F) whose name)' is/ate subscribed to the within instrument and acknowledged to me that he/stye/t1try executed the same in his/lyzf/t�v_<r authorized capacity(4, and that by his/lpe/t,�e?r signaturef* on the instrument the persory(a'}, or the entity upon behalf of which the person(s) acted, executed the instrument. ---r ROBIN J. LUDWIG Commis:ion #F 2126739 Z -: Notary Public - California Z ' San Luis Obispo County My Comm. E res Sep 14.2019 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. Signaturel Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do �Other Title or Type of Document- CA/ Document Date:lvIef<' Number of Pages: wU SigNamed Above: Capacity(ies) Claim" by Sign2r(s Signer's Name: /�'✓ 3orporate Officer— Title(s): /t 5 !c-eA--;'' ❑ Partner — I Limited ; i General F Individual Attorney in Fact L_ Trustee Guardian or Conservator IJ Other: Signer Is Representing: Signer's Name: _ XL 4- jL''✓ Corporate Officer — Title(s): _ r` Partner — Limited General i Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: _ L4�✓'.��.4�4'y4�✓4'✓4'✓: ✓4'✓ti4'•✓4�✓ti4S✓4�✓4�✓titiG.�r ••J6�.W*-I'M a'4S4'•✓' 4'�4�ti'.��. ti'.�✓.'.�✓.4�G�✓ .•l: •✓'4�4�4C.•`_.4S✓4.� .✓ .� . 1 • • ' • • • • • • ill • i' ill i • •i1 M 01 City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 55G�G �� C..' C 7Yt�c77�� ;PC < The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature d A41- 18 City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 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 5��4�Yc1 4211-c/x, Business Address:�Z,owYCcc9�D �O✓t'D (,7 �3 Telephone and Fax Number: California State Contractor's License No (REQUIRED AT TIME OF AWARD) 7W-? , e"t6i) 77j- S963 and Class: 2 16����— Original Date Issued: /11fJZ) Expiration Date: � %g 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: ,i`Gw / '! � C<. �%ti✓ 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 Ad resTelephone �xoye� l d oS) 773 - yY7L s •tel � �.��,� �r•��`/�— �� � �� � �3s%f�� ���') 2.s'� _ ���� Corporation organized under the laws of the State of L'A'L�,�a✓LMi9- 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: /v/.L- All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Do2T die Ale -M e . 40k KPT-) 15pdtle •G JZ� Briefly summarize the parties' claims and defenses; t4-1 /Z/ a 0.4 A,4?- r q 14 c- 76 A.,,r Have you ever had a contract terminated by the owner/agency? If so, explain. 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 20 Are any claims or actions unresolved or outstanding? YesNo 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. 'p,*'/ z!�. a-. /%,✓ (Print name of Owner or President of Corp or n/Company) Bidder Authorized Signature/Ale rQ'SiGiYK- Title le) tee Date On V1 ZeX S beforeme, v/--yn ✓A_4jCl4-1 Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person, whose nameM is/ape subscribed to the within instrument and acknowledged to me that he/s16/tl�ey executed the same in his/W/their authorized capacity(*g), and that by his/lir/tlyir signature4,a'J on the instrument the person(), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ROBIN J. LUDWIG Commission # 21?6739 (SEAL) Notary Public - California tary P lic in and for said State San Luis Obispo County MY Comm. Expires Sep 14, 2019 My Commission Expires: � X� 2roe 21 Paul E. Gillen President Associated Pacific Constructors, Inc. Summary Sole Owner / President of Associated Pacific Constructors, Inc. RMO California Contractors General Engineering License #394886A Over 45 years' experience project managing and ownership of Heavy Civil, Marine Contracting, Coastal Dredging operations and offshore oil service industries activities. Responsible for the successful management and completion of over $ 400 million dollars of marine and civil project revenues spanning 30 years as a project manager, Career History and Accomplishments Associated Pacific Constructors, Inc. — Morro Bay, CA President / Owner 2005 -Present Company owns and operates Marine and Heavy Civil construction equipment, based in Morro Bay California and Wilmington, California_ Under Paul's ownership the company has expanded over 300% in revenues and broadened Qie scope and geographic footprint of its operating areas. The company has a strong financial base with project and performance bonding capacity from an AAA rated insurer. Refer to website for company overview and capabilities, www.associatedpacific.com Pacific Constructors, Inc. — Morro Bay, CA President / Owner 1999 -Present A Marine and Civil Contracting Project management company providing project management and business development expertise to a wide range of companies. Orion Construction, Inc. — Houston, TX Vice President I Shareholder 1994-1999 Specialty Heavy Civil and Marine construction company, originally formed as a fixed price project management company, which by 1997 had successfully completed over $55 Million of turnkey projects, and by 1998, became the largest Texas based marine contractor. Majority of projects 100% bonded through Travelers and later Aetna, WS 'technology LTD. - Singapore President / Principal Shareholder 1989-1994 Specialty industrial coating developer and manufacturer, with annual sales in excess of $10 Million USD, BMI Piling SND BHD. — Singapore President/ Principal Shareholder 1987-1992 Civil engineering, piling company and manufacturer of proprietary designed construction products sold to specialty residential and commercial markets of Malaysia, Thalland and Indonesia. Annual_. revenues in excess of $10 Million USD. Paul E. Gillen President Associated Pacific Constructors, Inc. Oceaneering International, Inc. — Singapore Regional Vice President 1985-1986 A worldwide underwater service supplier (Le. diving, ROV, ships, pipeline repair, etc.) delivering services to oil field services, US Navy, and private customers. Oceaneering International, Inc. — CA General Manager -West Coast Division 1982-1985 Oceaneering International, Inc. -- Various Locations Project Manager 1974-1982 Prior to 1979 Commercial Diving career started 1968 Salvage diving /dock building Caribbean, east coast USA with commercial training Divers Training Academy, Commercial Diving Center. Activities included Hydro Electric repair and maintenance, Hyperbaric welding platforms and pipelines, platform installations, pipe lay, exploration support and extensive north sea bell bounce and saturation diving to depths exceeding 500'. As special Projects manager, lead diver, a35upervisor, and Project Manager for Oceaneering International, Inc. and Seaway Diving AIS, Norway. Working from QP vessels, lay -barges, lockout submersibles, live -boat operations, jack -ups and semi -submersibles City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 GRAND CANAL DREDGING PROJECT — PHASE 2 CONTRACT NO. 8171-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of October, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation ("Contractor"), whose address is 495 Embarcadero, Morro Bay, California 93442, 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: Maintenance dredging of the Grand Canal, specifically the portion of the canal from Park Avenue Bridge to North Bay Front, up to 7,300 cubic yards. The dredged material shall be transported off site for placement at the U.S. Environmental Protection Agency's LA -3 Ocean Dredged Material Disposal Site (ODMDS). This project description presents the general project requirements for the Grand Canal maintenance dredging project, located between Park Avenue Bridge and North Bay Front of the Grand Canal in Newport Beach, California. The Contractor shall be responsible for complying with all permit requirements set forth in the Contract Special Provisions (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. 8171-2, 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 Three Hundred Eighty Three Thousand Seventy Dollars and 00/100 ($1,383,070.00). 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 Paul E. Gillen to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Associated Pacific Constructors, Inc. Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: 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: Associated Pacific Constructors, Inc. Page 3 Attention: Paul E. Gillen Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 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 Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. Associated Pacific Constructors, Inc. Page 4 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and Associated Pacific Constructors, Inc. Page 5 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 Contractor performs the Project and/or Services contemplated by this Contract (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. Associated Pacific Constructors, Inc. 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Associated Pacific Constructors, Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City_ all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. Associated Pacific Constructors, Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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. Associated Pacific Constructors, Inc. Page 9 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] Associated Pacific Constructors, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: r By: � For -.Aaron C. Harp ��q,,a City Attorney ATTE Date: A11) �` I Leila i I. ro City Clerk 4 Ni9P�Ra CITY OF NEWPORT BEACH, a California municipal corporation Date: s By: Marshall "Duffy" Du field Mayor CONTRACTOR: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation Date: EM Signed in Counterpart Paul E. Gillen President and Secretary ND OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Associated Pacific Constructors, Inc. Page 11 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: �Oi 2�1�1a By: Fo� Aaron C. Harp u to-Vi•le City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation Date: M f/Zo/i9 By: Ecix � a,.,. Paul E. Gillen President and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Associated Pacific Constructors, Inc. Page 11 Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30057414 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Associated * hereinafter designated as the "Principal," a contract for Grand Canal ** 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. * Pacific Constructors, Inc. ** Dredging Project - Phase 2 - Contract No. 8171-2 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, Western Surety 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 Three *** Dollars ( $1,383,070.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. *** Hundred Eighty Three Thousand Seventy and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of November , 2018 Associated Pacific Constructors, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1000 Wilshire Blvd., Suite 1800, 18th Floor Los Angeles, CA 90017 Address of Surety (213) 452-5961 Telephone APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: I 'Z/.3 7-018 By: A4'.'• rw"•Aaron C. Harp X— IL•�•�S City Attorney P"'e Authorized Signatu e/Title � iho Q c _-b Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, **Please See Attached** Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 CALIFORNIIA ALL-PURPOSE ACi' N OLE ,iii ; i. N • D •/s�caC.c�:�c.ac.a . ..a�� a•,a . C.wC. c�C:.�Y..� .avr' sa .c\C.ci Tt/.0 sit. c.vn s��C..�C.a . . C a�.�.ac.c� � .aC C a :. • .. C �C� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 11/20/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person'(* whose name( is/are subscribed to the within instrument and acknowledged to me that fW/she/thea executed the same in Fft/her/ttair authorized capacity rte, and that by hiG/her/their signature* on the instrument the person(&`),. or the entity upon behalf of which the persons) 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. MOOR A. Mublic - ANE NotaryPublic- California Z Signature A Orange County g Commission # 2188592 Signature of Notary Public My Comm. Expires Mar 27, 2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 30057414 Document Date: 11/20/2018 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual E'Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Comnan� Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G<'�¢C✓/ iV«.<�<<'✓."J<�!/<':/.' C/ ' dG!% "✓<'L ` C.• 'I .`:.✓<v 'aA✓.'.v i<�<'y<�✓< ✓ s�cri«.<'✓<�u6�.G�✓<�<C,i`✓.i'J.'L/' Western Surety Company POWER OF ATTORNEY APPOINTING I NDMMUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Individually of Irvine, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law primed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of lune, 2015. y�urrc WESTERN SURETY COMPANY 0 40 Bruflat, Vice President State of South Dakota as County of Minnebaha On this 9th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and dad of said corporation My commission expires �••++++•+•++•+►++++++++++ s S. ETCH February 12, 2021 SjK� � STA/, S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 20th day of November 2018 ytaErr' Form F4280-7-2012 WESTERN SURETY COMPANY • L. Nelson, Assistant Secretary CALIFORNIAALL-PURPOSE ACKNOWLEDGMENTCIVIL • , 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 _sem-r►�/� j �6iS,� ) On �117/A)/9 before me, eel J. 4V wt Date Here Insert Name an Title of the O ficer personally appeared /Gt,!// �E���,✓ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/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. rA ROBIN J. LUDMG Commission # 2126739 Notary Public - California z San Luis Obispo County Mv Comm. Explm Sep 14, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public7 OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu nt Title or Type of Document: Me Document Date: Number of Pages: %I'✓t G Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signe�(�� Signer's Name: GGA w 'corporate Officer — Title(s): e Side• K , 1 Partner — ___1 Limited i i General i Individual Attorney in Fact Trustee Guardian or Conservator iI Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): _ Partner — Limited General ' Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 1. Gam•. .rs's •✓ifey„•✓y�.�•L✓402014 National Notary Association - www.NationalNotary.org - 1 -800 -US NO TARY (1 -800-876-6827) Item #590 �✓.:'✓�✓v.�✓.�.�•✓..'✓.�✓�.�'✓•.v:�%�.�✓4�✓:' Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30057414 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 14,883.00 , being at the rate of $ First $500,000 - 14.40 = $7,200.00 * thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific ** hereinafter designated as the "Principal," a contract for Grand Canal *** 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. ** Constructors, Inc. *** Dredging Project - Phase 2 - Contract No. 8171-2 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 Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million **** Dollars ($1,383,070.00 ) 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. **** Three Hundred Eighty Three Thousand Seventy and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Page B-1 * Next $883,070 - $8.70 = $7,682.71 notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of November 2018 . Associated Pacific Constructors, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1000 Wilshire Blvd., Suite 1800, 18th Floor Los Angeles, CA 90017 Address of Surety (213)452-5961 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 11/3001b 01b By: w('Aaron C. Harp wvw tti.349 City Attorney paf aa-'- AuAiorized Signature/Title Dty 111 �. Gr/err, 14/e S♦ elet,../ Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, "Please See Attached" Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 si.<aC_a�<!T sa .� . t a s�< • q . s> .. si T A c>Cs�< a . vca .c�<. .�,..<-�•.�<.a . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 11/20/2018 _ before me, A. MacFarlane, Notary Public Date personally appeared Rebecca Haas -Hates Here Insert Name and Title of the Officer NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persont* whose names* is/me subscribed to the within instrument and acknowledged to me that fw/she/they executed the same in 1ft/her/their authorized capacity ice), and that by his/her/their signatureZ4on the instrument the person(s) or the entity upon behalf of which the personN acted, executed the instrument. A. MACFARLANE Notary Public - California Z Z Orange County n z Commission # 2188592 My Comm. Expires Mar 27, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ignature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 30057414 Document Date: 11/20/2018 Number of Pages: Three ) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Corporate Officer — Title(s): ❑ Partner — ❑ Limited !1-1 General Cl Individual ;'Attorney in Fact ❑ Trustee O Guardian or Conservator C. Other: Signer Is Representing: Western Surety Company Signer's Name: U Corporate Officer — Title(s): ❑ Partner — 1-1 Limited ❑ General Individual C Attorney in Fact El Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law primed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of June, 2015. ,>rre WESTERN SURETY COMPANY Nq ail T. flat. Vice President State of South Dakota 1 )? ss County of Minnebaha On this 9th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and dad of said corporation. My commission expires �•�•++•++•+••+++•••••++•+� s S. ETCH February 12, 2021 Sj NKU Frf PUBMWXg S. Eich, Notary Public CERTIFICATE I, G Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is stilll in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 20th _ _day of November 2018 Form F4280-7-2012 WESTERN SURETY COMPANY • L. Nelson, Assistant Secretary CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 4 n /4//,1 S,g) ) On Z"11001 before me, d 6r» `/ !t.✓�/w /� ub/�� Date Here Insert Name and Titl of the Officer personally appeared Atli/ 45, 4 v11el-j Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/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. R0BIN J. LUDWIG Commission #E 2126739 1 Notary Public - California San Luis Obispo County MCom-DgmSS14,2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature aej�0,7;e�,94�� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached DocV�ment Title or Type of Document: /'G✓Mw^��'i� ���s�y�`%Document Number of Pages: %'cam Signer(s) Other Than Named Above: Capacity(ies) ClairrNd by Signer(�1C� Signer's Name: /'G�•✓/ Lam• ///1 corporate Officer — Title(s): ✓'ew e -1 Partner — _1 Limited i i General 11 Individual Attorney in Fact 1 Trustee Guardian or Conservator Other: Signer Is Representing: Date: h cj//. Signer's Name: Corporate Officer — Title(s): _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: G."rr.1✓" •,•r: �.'✓ •.v 'z -ma'era-ri.',v '�tia� '✓�a�a�.'✓tiw� -er: ✓`✓i.�✓.a��a�✓a`rr.'.�rr. a'� •✓a'✓ -ri: �.'.y •.i•. �.4�.1, MW 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 thv latest edition of Bet's IRatii g 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 Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. This policy shall also include an endorsement for Federal Acts including Longshore and Harbor Workers' Compensation Act. 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 Associated Pacific Constructors, Inc. Page C-1 CG 00 01, in an amount not less than one million dollars ($1,000,000) per 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. D. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $1,000,000 per loss and $2,000,000 in the aggregate per policy period. Claims -made policies require a 10 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 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 Contractor performs the Project and/or Services contemplated by this Contract 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 Associated Pacific Constructors, Inc. Page C-2 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 Contractor performs the Project and/or Services contemplated by this Contract 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 Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 Associated Pacific Constructors, Inc. Page C-3 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not 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 Associated Pacific Constructors, Inc. Page C-4 option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered 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. Associated Pacific Constructors, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/1/18 Dept./Contact Received From: Raymund Date Completed: 12/1/18 Sent to: Raymund By: Jan Company/Person required to have certificate: Associated Pacific Construction / Grand Canal Dredging Type of contract: 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/18/18 — 10/18/18 A. INSURANCE COMPANY: Continental Insurance Co. & Navigators Insurance Co. B. AM BEST RATING (A-: VII or greater): A/XV & A/XII A. C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M/$2M52M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ® Yes ❑ No not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed $1,000,000 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 N/A included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ No H. is not limited solely by their negligence) Does endorsement ® N/A ❑ Yes 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 1I. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/18/18 —10/18/19 A. INSURANCE COMPANY: Continental Insurance Company 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 - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ® Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: 0 N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/18 —10/1/19 Manufacturers Alliance Ins. / American Longshore Mutual - A. INSURANCE COMPANY: (USL&H) B. AM BEST RATING (A-: VII or greater): A/IX & C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY 10/18/18-10/18/19 TOKIO MARINE SPECIALTY INS CO Rated: A++/XV, Non -Admitted Limits: $1 M/$2M ❑ N/A ® Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Broker of record for the City of Newport Beach 12/1/18 Date ® 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 required for self-insured pool used to meet the USL&H coverage required by the contract. 2/27/18 Risk Management approved use of self-insured pool Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach GRAND CANAL DREDGING PROJECT - PHASE 2 Contract No. 8171-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8171-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: /V MD os-) 7"7 -757 Z- ( ( fl 5- ) 7 7-1' Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification (s) Bidder 4 & wi, �U 4VS, -; FX- . Bi-sZ ri gnat ere and Title Bidder's Address Bidder's email address: J .4&S-OC4 PR -1 eBid Confirmation # 155800 for Associated Pacific Constructors, Inc. Page 1 Bid Confirmation #155800 Submitted October 9, 2018 9:56:57 AM (Pacific) Submitted To City of Newport Beach Your eBid can be edited or withdrawn at any time prior to bid Closing. Bid Detail File Type Project Title GRAND CANAL DREDGING PROJECT - PHASE 2 Invitation No. 8171-2 Bid Posting Date September 28, 2018 10:09 AM (Pacific) Bid Due Date October 9, 2018 11:00 AM (Pacific) Contact Info Kathryne Cho - 949-644-3014 8171-2 BASE BID (Award Based on Lowest Base Bid) kcho@newportbeachca.gov Bids to Owner's Agent $100,000.00 Vendor Detail Vendor Associated Pacific Constructors, Inc. Respondee Paul E. Gillen Comment Attachments File Title File Name File Type General Documents General Documents.pdf General Attachment Bond Bond.pdf Bid Bond Line Items Discount Terms Num Item Code UOM Qty Unit Price Line Total Comment 8171-2 BASE BID (Award Based on Lowest Base Bid) 1 Mobilization and Demobilization Lump Sump 1 $100,000.00 $100,000.00 2 Hydrographic Surveying Services Lump Sum 1 $30,000.00 $30,000.00 3 Permit and Environmental Monitoring Lump Sum 1 $30,000.00 $30,000.00 4 Dredge/Transport/Disposal of Material to LA -3 ODMDS CY 7300 $152.50 $1,113,250.00 5 Dredge/Transport/Disposal of Material Unsuitable for Ocean Disposal TN 5 $1,000.00 $5,000.00 6 Provide As -Built Drawings (Fixed) Lump Sum 1 $1,000.00 $1,000.00 Subtotal $1,279,250.00 C-8171-2 ADDITIVE BID ITEMS 7 ADDITIVE BID ITEM NO. Al: Dredging, Transport and Disposal of Material from North Side of Harbor Island Bridge to LA -3 ODMDS CY 270 $125.00 $33,750.00 8 ADDITIVE BID ITEM NO. A2: Dredging, Transport and Distribution of Material from South Side of Harbor Island Bridge to Beacon Bay Shoreline eBid Confirmation # 155800 for Associated Pacific Constructors, Inc. Page 2 Subtotal $103,820.00 Total $1,383,070.00 Subcontractors Name & Address Desc License Num CADIR Amount Type Pacific Dredge Company Provide equipment and 1036092 1000055882 $200,000.00 1444 Ceasar B. Chavez support services Parkway San Diego, CA 92113 United States Reese Water Surveying Land and Hydro Survey 6208 1000042781 $35,000.00 Services 1316 2nd st. Suite B Baywood, CA 93402 United States Page 2 C�EBgb,��sF1\ PUBLIC WORKS DEPARTMENT 0, INDEX FOR SPECIAL PROVISIONS q OF °^:� GRAND CANAL DREDGING PROJECT — PHASE 2 CONTRACT NO. C-8171-2 SPECIAL PROVISIONS.......................................................................... SECTION 2 ---SCOPE AND CONTROL OF THE WORK ................................. 1 2-5 PLANS AND SPECIFICATIONS.................................................. 1 2-6 WORK TO BE DONE............................................................... 1 2-6.1 Previous Investigations....................................................... 2 2-9 SURVEYING........................................................................... 3 2-9.2 Surveying Service.............................................................. 3 SECTION 3 ---CHANGES IN WORK........................................................... 3 3-2 CONTRACT UNIT PRICES........................................................ 3 3-3 EXTRA WORK........................................................................ 3 3-3.2 Payment.......................................................................... 3 SECTION 4 ---CONTROL OF MATERIALS .................................................. 4 4-1 MATERIALS AND WORKMANSHIP ............................................. 4 4-1.3 Inspection Requirements.................................................... 4 SECTION 5---UTILITIES......................................................................... 5-1 LOCATION.............................................................................. 5-2 PROTECTION......................................................................... 5-8 SALVAGED MATERIALS........................................................... SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK... 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK... 6-7 TIME OF COMPLETION............................................................. 6-7.1 General............................................................................ 6-7.2 Working Days..................................................................... 6-7.4 Working Hours................................................................... 6-9 LIQUIDATED DAMAGES............................................................ SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR ........................... 7-5 PERMITS............................................................................... 7-8 PROJECT SITE MAINTENANCE ................................................ 7-8.1 General........................................................................... 7-8.6 Water Pollution Control....................................................... 7-8.7 Environmental Protection.................................................... 4 4 4 4 4 4 5 5 5 5 6 6 6 7 7 7 8 7-9 PROTECTION AND RESTORATION OF EXISITNG IMPROVEMENT. 9 7-10 PUBLIC CONVENIENCE AND SAFETY ...................................... 9 7-10.1 Traffic and Access............................................................ 9 7-10.2 Storage of Equipment and Materials in Public Streets ............... 10 7-10.3 Street Closure, Detours, and Barricades ............................... 10 7-10.4 Safety........................................................................... 11 7-10.5 "No Parking„ Signs............................................................. 11 7-10.7 Notices to Residents.......................................................... 11 7-15 Contractor's Licenses.............................................................. 12 7-16 Contractor's Records/As-Built Drawings ....................................... 12 7-17 Tidal Fluctuations................................................................... 12 SECTION 9 ---MEASUREMENT AND PAYMENT .......................................... 12 9-3 PAYMENT.............................................................................. 12 9-3.1 General........................................................................... 12 9-3.2 Partial and Final Payment .................................................... 15 9-34 Mobilization...................................................................... 15 TECHNICAL SPECIFICATIONS............................................................... 15 CONSTRUCTION METHODS.......................................................... 15 Dredging................................................................................. 15 Transportation and Disposal......................................................... 16 ADDITIONAL BEST MANAGEMENT PRACTICES ............................... 17 Environmental........................................................................... 17 TurbidityControls...................................................................... 18 Water Quality Monitoring............................................................. 18 Eelgrass.................................................................................. 19 Cultural Resources..................................................................... 20 General................................................................................... 20 Submittals................................................................................ 20 APPENDIX A — PERMITS Department of the Army Permit (File No. SPI -2013 -00020 -SME) California Coastal Commission Coastal Development Permit No. 5-14-0200 and Federal Consistency Certification No. CC -0002-15 (CDP/CC) Santa Ana Regional Water Quality Control Board General Clean Water Act Section 401 Water Quality Standards Certification (302014-03) U.S. Army Corps of Engineers - SPL -2017 -00786 -MY U.S. Army Corps of Engineers - SPL -2018 -00204 -MY California Coastal Commission Coastal Development Permit No. 5-14- 0200 and Federal Consistency Certification No. CC -0002-15 (CDP/CC) (dated January 9 and March 28, 2018) U.S. Army Corps of Engineers - SPL -2016 -00518 -SME U.S. Army Corps of Engineers - SPL -2016 -00519 -SME California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency SP ii Certification CC -0002-15 (dated June 17, 2016) APPENDIX B — GRAIN SIZE ANALYSIS REPORTS SP iii CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS Grand Canal Dredging Project — Phase 2 CONTRACT NO. C-8171-2 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 (2015 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. 2-5.2 Precedence of Contract Documents. Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE. Add to this section, "The City is proposing maintenance dredging of the Grand Canal, specifically the portion of the canal from Park Avenue Bridge to North Bay Front. This maintenance dredging event would entail dredging up to 7,300 cubic yards. The dredged material will be transported off site for placement at the U.S. Environmental Protection Agency's LA -3 Ocean Dredged Material Disposal Site (ODMDS). This Project Description presents the general project requirements for the Grand Canal maintenance dredging project, located between Park Avenue Bridge and North Bay Front Page 1 of 20 of the Grand Canal in Newport Beach, California. The contractor is responsible for complying with all permit requirements as follows: City of Newport Beach RGP 54 — Approvals covering maintenance dredging in Newport Harbor • Department of the Army Permit (File No. SPL2013-00020-SME) • California Coastal Commission Coastal Development Permit No. 5-14-0200 and Federal Consistency Certification No. CC -0002-15 (CDP/CC) • Santa Ana Regional Water Quality Control Board General Clean Water Act Section 401 Water Quality Standards Certification (302014-03) Grand Canal Project Specific Approvals* • U.S. Army Corps of Engineers - SPL -2017 -00786 -MY • U.S. Army Corps of Engineers - SPL -2018 -00204 -MY • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated January 9, 2018, and March 28, 2018) *Please note that the Regional Water Quality Control Board has authorized the project by default; no project -specific approvals have been issued. Harbor Island Project Specific Approvals Harbor Island North — material suitable for open ocean disposal: • Department of the Army Permit (File No. SPL -2016 -00518 -SME) • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated June 17, 2016) Harbor Island North — material suitable for adjacent beaches: • Department of the Army Permit (File No. SPL -2016 -00519 -SME) • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated June 17, 2016) 2-6.1 Previous Investigations. A geotechnical evaluation for grain size of the project site was performed and results were prepared by Eurofins Calscience, Inc., see Appendix B. Page 2 of 20 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 Sid Proposal shall be made for any increase or decrease in work." 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. Page 3 of 20 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 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.' Page 4 of 20 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 eighty (80) calendar days from the day the 'Notice to Proceed' is issued. 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 1 st (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) to December 31 st (New Year's Eve). If January 1 st, July 4th, November 11th, December 24th, December 25th, or December 31 st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th, November 11th, December 24th, December 25th, or December 31 st falls on a Saturday, the Friday before is a holiday. Work shall be completed and work areas cleaned by 2:00 pm, to not interfere with path or viewing, during the City of Newport Beach Annual Boat Parade which is schedule for December 19 through 23, 2018." 6-7.4 Working Hours. Normal working hours are limited to 6:00 AM to 9:00 PM Monday through Friday. Page 5 of 20 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. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the 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 $750.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $750.00 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 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: City of Newport Beach RGP 54 — Approvals covering maintenance dredging in Newport Harhnr • Department of the Army Permit (File No. SPL2013-00020-SME) • California Coastal Commission Coastal Development Permit No. 5-14-0200 and Federal Consistency Certification No. CC -0002-15 (CDP/CC) • Santa Ana Regional Water Quality Control Board General Clean Water Act Section 401 Water Quality Standards Certification (302014-03) Grand Canal Project Specific Approvals* • U.S. Army Corps of Engineers - SPL -2017 -00786 -MY • U.S. Army Corps of Engineers - SPL -2018 -00204 -MY Page 6 of 20 • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated January 9, 2018, and March 28, 2018) *Please note that the Regional Water Quality Control Board has authorized the project by default; no project -specific approvals have been issued. Harbor Island Project Specific Approvals Harbor Island North — material suitable for open ocean disposal: • Department of the Army Permit (File No. SPL -2016 -00518 -SME) • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated June 17, 2016) Harbor Island North — material suitable for adjacent beaches: • Department of the Army Permit (File No. SPL -2016 -00519 -SME) • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated June 17, 2016) 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." 7-8 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. 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 Page 7 of 20 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: 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 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. Page 8 of 20 Turbidity. The Contractor shall conduct his excavation and dewatering operations in a manner to minimize turbidity. Oil Spill Prevention. The Contractor shall prevent oil or other hazardous substances from entering the Newport Bay 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 the Engineer, any of the applicable Federal or State Agencies; and provide one or more of the preventive systems, as set forth below. The provision of such preventive systems shall be reviewed by the Engineer prior to use. o Absorbent materials capable of absorbing the contents of the largest single tank. o 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. 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. Noise. The Contractor shall keep construction activities under surveillance and control to minimize damage to the environment by noise. Payment for Environmental Protection shall be considered as included in Mobilization and no other payment shall be made. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add the following to the section: "All facilities, docks, boats, water craft, and sea walls damaged by the Contractor, shall be repaired or 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." 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 (W.A.T.C.H.), also Page 9 of 20 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. 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. The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street 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. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately Page 10 of 20 adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 7-10.4 Safety. 7-10.4.1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer 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 and businesses within 200 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 Page 11 of 20 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 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 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. Portions of the work specified herein may require that the Contractor schedule his activities during times of most favorable tides. 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. 9-3 PAYMENT. SECTION 9 ---MEASUREMENT AND PAYMENT Page 12 of 20 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. Contract will be awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal:" Item No. 1 - Mobilization/Demobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; maintaining restroom facilities; preparing for all permit requirements; furnishing and installing construction signage; providing traffic control and access; coordinating with other agencies and utilities; notifying businesses and residents; attending all project meetings; keeping photographic and video records of project site; notifying U.S. Coast Guard two weeks prior to starting dredging, maintaining a silt curtain delineating the Grand Canal work area; and all other related work as required by the Contract Documents. Item No. 2 Hydrographic Surveying Services: Work under this item shall include, but not limited to, providing a pre -dredging survey (including both bathymetric and topographic information) within 30 days of the dredge start date and post -dredging survey (including both bathymetric and topographic information) of the dredging area per USACE and CCD Permits. The method to prepare the post -dredging survey shall be the same method used in the pre -dredging survey condition. The Contractor shall hire a licensed Surveyor with experience with the standards of the USACE. Item No. 3 Permit and Environmental Monitoring: Work under this item shall include, but not limited to, required permit reporting and providing environmental monitoring and documents per USACE, RWQCB, and CCD Permits. Environmental shall include, but not limited to a Caulerpa (Caulerpa taxifolia) survey 30 days prior to starting the project and water quality monitoring. The contractor shall prepare and maintain daily activity logs, as well as provide project closeout documents with information required by USACE, RWQCB, and CCD Permits. Item No. 4 Dredge, Transport, and Disposal of Material to LA -3 ODMDS: 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 Grand Canal to the lines and grades specified in the drawings; and all other work items required to complete the work in place. All dredged material shall be disposed of at the U.S. Environmental Protection Agency's LA -3 Ocean Dredged Material Disposal Site (ODMDS). Per the U.S. Army Corp of Engineer permits (SPL -2017 -00786 -MY and SPL -2018 -00204 - MY) approximately 0.75 acre of eelgrass is present within the dredge footprint. Through Page 13 of 20 the City's RGP 54, impacts to eelgrass have been permitted and mitigated under the City's Eelgrass Management Plan; no project -specific mitigation is required by the contractor. Item No. 5 Dredge, Transport, and Disposal of Material Unsuitable for Ocean Disposal: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment and incidentals necessary for dredging, separating, transporting, and disposing of material removed from the Grand Canal to the lines and grades specified in the drawings which is unsuitable for ocean disposal (e.g. trash, rocks, timber); and all other work items required to complete the work in place. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid items removed or reduced. Item No. 6 Provide As -Built Plan: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1;000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. ADDITIVE BID ITEMS Item No. Al Dredginq,Transport and Disposal of Material from North Side of Harbor Island Bridge to LA -3 ODMDS: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment, mobilization and incidentals necessary for excavating, transporting, and disposing of material removed from the North side of the Harbor Island Bridge to the lines and grades specified in the drawings, pre and post - dredging hydrographic survey (including bathymetric and topographic information), required permit reporting and providing environmental monitoring and documents per USACE, RWQCB, and CCD Permits and all other work items required to complete the work in place. Environmental monitoring shall include, but not limited to, a Caulerpa (Caulerpa taxifolia) survey 30 days prior to starting the project and water quality monitoring. The contractor shall prepare and maintain daily activity logs, as well as provide project closeout documents with information required by USACE, RWQCB, and CCD Permits. Dredged material from the North side of the bridge shall be disposed of at the U.S. Environmental Protection Agency's LA -3 Ocean Dredged Material Disposal Site (ODMDS). Item No. A2 Dredginq,Transport and Distribution of Material from South Side of Harbor Island Bridge to Beacon Bay Shoreline: Work under this item shall include, but not limited to, providing all labor, materials, tools, equipment, mobilization and incidentals necessary, excavating, transporting, and disposing of material removed from the South side of the Harbor Island Bridge to the lines and grades specified in the drawings, pre and post -dredging hydrographic survey (including bathymetric and topographic information), required permit reporting and providing environmental monitoring and documents per Page 14 of 20 USACE, RWQCB, and CCD Permits and all other work items required to complete the work in place. Environmental monitoring shall include, but not limited to, a Caulerpa (Caulerpa taxifolia) survey 30 days prior to starting the project and water quality monitoring. The contractor shall prepare and maintain daily activity logs, as well as provide project closeout documents with information required by USACE, RWQCB, and CCD Permits. Dredged material from the South side of the bridge shall be redistributed along the Beacon Bay shoreline. 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 jnh 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 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) Site access plan per Appendix A - Section 900.2.1 of the Technical Specifications. d) Plan for dredging and disposing materials to U.S. Environmental Protection Agency's LA -3 Ocean Dredged Material Disposal Site (ODMDS). TECHNICAL SPECIFICATION Construction Methods Dredging The contractor shall dredge the base of the footprint, with side slopes as noted on the contract drawings. The contractor is provided a 1.0 -foot payable overdredge allowance and an additional 1.0 -foot non -payable overdredge allowance over the entire dredge Page 15 of 20 footprint (including base and side slopes). Any dredging below the non -payable overdredge allowance, as well as any dredging outside of the dredge footprint, will be considered excessive dredging. If any fines resulting from permit violations or structural instability of existing structures occur due to the contractor's excessive dredging, the contractor may be required to provide reimbursement to the City or repair all damages at its own expense. Only dredged material determined suitable for ocean disposal may be discharged at the LA -3 ODMDS. Any debris (i.e., trash, rocks, and timber) must be disposed of separately by the contractor. In order to exclude this debris, all dredged material must be placed through a steel mesh (also known as a grizzly screen) with openings no larger than 12 inches by 12 inches. The contractor shall provide the costs for segregation and disposal of debris on a tonnage basis and provide the City with the disposal weight tickets as part of its invoices. The City will be allowed to inspect, at its discretion, debris prior to disposal. No current bathymetry or topographic information exists within the dredge footprint. The contractor shall conduct a pre -construction survey (consisting of bathymetric and topographic information)—conducted by a third -party California -licensed surveyor— between 15 and 30 days prior to the start of construction. If the dredge volume varies by more than 50% from the volume provided in the contractor's bid, the contractor will have the opportunity to re -negotiate the unit rate for dredging activities at the discretion of the C ity. Following the completion of construction, the contractor shall conduct a post -construction survey (conducted by a third -party California -licensed surveyor) for the approval of the City not more than 5 days following the completion of construction. The City will have the authority to direct additional dredging (at the contracted rate) if elevations exist above the design template and an additional post -construction survey will be required at the contractor's expense. The volume calculated between the pre- and post -construction surveys will serve as the final basis of payment. The contractor shall identify any utilities prior to the start of work and protect those utilities in place during the construction. Any damage to existing utilities caused by dredging activities shall be repaired by the contractor at no additional cost to the City. If the contractor encounters any obstructions during implementation, the contractor shall notify the City immediately, who will provide direction on how to proceed. The contractor shall submit its proposed means and methods in the Contractor Work Plan, as discussed in the Submittals section herein. Dredging is expected to be conducted mechanically (through use of a clamshell bucket or barge -mounted excavator), beginning at the southern edge of the dredge footprint (north side of Park Avenue Bridge) working towards North Bay Front. Transportation and Disposal Page 16 of 20 The contractor becomes the owner of, and is responsible for, any dredged material, debris, or other material once it is loaded on a vehicle, barge, or other vessel and leaves the site. The contractor shall use a water -tight split -hull dump scow, and shall ensure the haul barge is seaworthy prior to mobilizing to the site. The contractor shall submit appropriate American Bureau of Shipping (ABS) certification from a certified marine surveyor to the City with the Contractor Work Plan. Each barge shall not be filled above the appropriate load line to prevent any dredged material or water from spilling over the sides and shall be certified by an Engineer prior to its departure from the site. The contractor shall provide for the proper and safe transportation and disposal of all dredged material and shall comply with the rules and regulations governing authorities and all permits for the project. The contractor shall transport dredged material to the LA -3 ODMDS only when weather and sea state conditions will not interfere with safe transportation and will not create risk of spillage, leak, or other loss of dredged material during transit. No disposal vessel trips shall be initiated when the National Weather Service has issued a gale warning for local waters during the time period necessary to complete disposal operations. The contractor must place the dredged material at the center of the LA -3 ODMDS, with no portion of the haul barge further than 1,000 feet from the center of the disposal site. If dredged material does spill during transportation and/or deposited outside the boundaries of LA -3 ODMDS, the contractor may be required to remove such misplaced material and deposit it where directed at its own expense. Any reasonable penalties, fines, or fees resulting from disposal of dredged material outside of the authorized limits shall be paid by the contractor. Other requirements for disposal, such as disposal vessel instrumentation and tracking, record keeping, and required navigational systems are provided in the permits listed. Overflow or discharge of water and effluent is not permitted from the spilt -haul dump scow at any time. Barges must have tightly sealing doors and compartments to eliminate leakage of sediment or water during transit. Any barge that exhibits any leakage shall be removed from the Site until satisfactory repairs are made. All equipment shall meet the rules and regulations adopted by South Coast Air Quality Management District (SCAQMD). Additional Best Management Practices Best management practices (BMPs) in addition to those already discussed in this Project Description have been incorporated into the project design, as well as required by the permits. The following additional best management practices shall be implemented by the contractor, in addition to any additional requirements of the permits. Environmental Page 17 of 20 • No construction materials, debris, waste, oil, or liquid chemicals shall be placed or stored where it may be subject to wave erosion and dispersion or storm water, or where it may contribute to or come into contact with nuisance flow. • Any and all debris resulting from dredging activities shall be removed from the site within 10 calendar days of completion of construction. • No machinery or construction materials not essential for project implementation shall be allowed at any time in the intertidal zone or in the harbor. • All debris and trash shall be disposed of in the proper trash and recycling receptacles at the end of each construction day. • The discharge of any hazardous materials into the harbor or any receiving waters shall be prohibited. • Floating booms shall be used to contain debris discharged into coastal waters, and any debris discharged shall be removed as soon as possible but no later than the end of each day. • Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. • All materials generated from dredging activities associated with this project shall be managed appropriately, such as identifying all potential pollution sources associated with the project and incorporating all necessary pollution prevention BMPs for each potential pollution source identified. Turbidity Controls • For projects dredging more than 1,000 cubic yards (or all projects that generate turbidity during construction), a continuous, floating silt curtain shall be deployed around active dredging areas during active operations to prevent turbidity from exiting the area. The contractor may elect to use existing structures to supplement the turbidity curtain if proven that no turbidity is escaping the dredging area (i.e., placing two rows of silt curtains on either side of the dredging area, attached to each bulkhead). • Operational BMPs—such as reduction in dredging rate, modification of clamshell operation, use of favorable tidal conditions to minimize spread of turbidity plumes, and temporary suspension of dredging—shall be employed as necessary. Water Quality Monitoring • If dredging extends beyond 2 consecutive days for any dredging method, water quality monitoring shall be conducted by the contractor every other day, beginning with the third day (monitoring will be required on days 3, 5, 7, etc.). Page 18 of 20 • The contractor shall conduct the monitoring, and the results of the monitoring shall be provided at the conclusion of each monitoring day to the City. • Data shall be collected at a distance of no more than 300 feet from the dredge footprint. The turbidity and transmittance limits in Table 3 are based on recent data collected in Lower Newport Bay. The contractor may use the City of Newport Beach's latest eelgrass survey to determine whether eelgrass is present within 300 feet of the project site. The transmissivity limits in Table 3 apply only if the contractor chooses to monitor transmissivity in addition to turbidity. When the contractor monitors both transmissivity and turbidity, compliance shall be achieved if either transmissivity or turbidity is below the respective limit shown in Table 3. • Waste discharges shall not result in coloration of receiving waters; contain floating materials, including solids and liquids; or result in deposition of oil, grease, wax, or other materials in concentrations that result in a visible film or in coating objects in the water. Table 3 Numeric Receiving Water Limitations Parameter Receiving Water Limitation Eelgrass Present within 300 feet No Eelgrass Present within 300 feet Transmissivity 38% 16% Turbidity 16 NTU 47 NTU pH 7 < pH < 8.6; < 0.2 change from ambient Dissolved oxygen > 5 mg/L Notes: mg/L = milligrams per liter NTU = Nephelometric Turbidity Unit Eelgrass • Barges and other vessels shall be anchored a minimum of 15 feet from any eelgrass bed. Anchors and anchor chains shall not encroach into any eelgrass bed. • Barges and other vessels shall avoid transit over any eelgrass meadow not part of the dredge footprint to the maximum extent practicable. Where transit over non - impacted eelgrass beds is unavoidable, such transit shall only occur during high tides when grounding and potential damage to eelgrass can be avoided. Page 19 of 20 • The contractor shall conduct a pre -construction Caulerpa (Caulerpa taxifolia) survey in accordance with the Caulerpa Control Protocol and submit survey results to the City 30 days prior to commencing dredging activities. Cultural Resources • If the contractor discovers any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, the contractor must notify the City immediately. The City will then notify the U.S. Corps of Engineers (USACE) of the findings. The USACE will initiate the federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. General • A copy of the project permits, including any signed Notice to Proceed (NTP) shall be maintained on all vessels used to dredge, transport, and dispose of dredged material. • The contractor shall immediately notify the City if a violation of any permit condition occurs during operations. Submittals The following items shall be required and submitted to the City by the contractor: • Detailed Contractor Work Plan, including but not limited to dredging and disposal methods, quality control methods for ensuring accurate dredging and disposal, staging areas, detailed construction schedule, environmental protection procedures and BMPs, debris management plan, and required barge certifications - Submitted a minimum of 30 days prior to construction • Draft Dredging, Transport, and Discharge Operations Plan - A template with specific requirements can be found on the City's website • Pre- and post -construction hydrographic surveys (including both bathymetric and topographic information) - Conducted by a third -party California -licensed third surveyor - Pre -construction survey submitted between 15 and 30 days prior to construction - Post -construction survey submitted a maximum of 5 days following completion of construction • Post -dredging and Disposal Completion Report detailing total volume and surface area dredged as well as all relevant transportation and disposal information Page 20 of 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Grand Canal Dredging Project — Phase 2 CONTRACT NO. C-8171-2 APPENDIX A - PERMITS • Department of the Army Permit (File No. SPL2013-00020-SME) • California Coastal Commission Coastal Development Permit No. 5-14-0200 and Federal Consistency Certification No. CC -0002-15 (CDP/CC) • Santa Ana Regional Water Quality Control Board General Clean Water Act Section 401 Water Quality Standards Certification (302014-03) • U.S. Army Corps of Engineers - SPL -2017 -00786 -MY • U.S. Army Corps of Engineers - SPL -2018 -00204 -MY • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated January 9, 2018, and March 28, 2018) • Department of the Army Permit (File No. SPL -2016 -00518 -SME) • Department of the Army Permit (File No. SPL -2016 -00519 -SME) • California Coastal Commission Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 (dated June 17, 2016) Chris Miller DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 December 21, 2015 Harbor Resources Manager City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT 54 Dear Mr. Miller: I have signed and enclosed your validated Department of the Army Permit (File No. SPL - 2013 -00020 -SME). Please retain this permit for your files. Thank you for participating in the Regulatory Program. If you have any questions, contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes gusace.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/Pp—regulatory survey. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosures DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT 54 Permittee: Chris Miller, City of Newport Beach Project Name: Newport Bay Maintenance Dredging and Dock/Bulkhead Repair and Replacement Program (Regional General Permit 54) Permit Number: SPL -2013 -00020 -SME Issuing Office: Los Angeles District Note: The term "you" and its derivatives, as used in this permit, means the Permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Location: Regional General Permit (RGP) 54 covers portions of Newport Bay, within the boundaries shown on the enclosed Figures 1 and 2 (except for the exclusion areas shown on the enclosed Figures 2-3c), in the city of Newport Beach, Orange County, California. Project Description: RGP 54 authorizes small-scale maintenance dredging, dock and bulkhead repairs, and in-kind dock and bulkhead replacement projects in Newport Bay. Specifically, the RGP covers the following regulated activities in eligible areas of Newport Bay: 1) maintenance dredging under and adjacent to private, public, and commercial docks, floats, and piers; 2) the discharge of dredged material at adjacent beach sites for beach nourishment, the LA -3 Ocean Dredged Material Disposal Site (ODMDS), confined disposal facilities, or at approved upland disposal sites; and 3) the repair and in-kind replacement of docking systems (including docks, piers, gangways, floats, and piles), bulkheads, and piles (Figures 2-3c). Areas of Newport Bay have been separated into distinct classifications pertaining to dredging depths and other requirements under RGP 54, as shown on Figures 2-3c: (a) For areas designated with a solid blue line, maintenance dredging shall occur to a maximum depth of A0 feet mean lower low water (MLLW), plus 2 feet of overdepth allowance with disposal conditionally approved at the LA -3 ODMDS. Grain size analysis shall be required prior to the discharge of sediment at beach sites to demonstrate suitability; (b) For areas designated with a hashed orange line, maintenance dredging shall occur to a maximum depth of A0 feet MLLW, plus 2 feet of overdepth allowance with disposal conditionally approved at the LA -3 ODMDS. Grain size analysis, chemical testing, and suitability concurrence by the Corps Regulatory Division and the DEPARTMENT OF THE ARMY - C T LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 1 LOS ANGELES, CALIFORNIA 90017 December 21, 2015 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT 54 Permittee: Chris Miller, City of Newport Beach Project Name: Newport Bay Maintenance Dredging and Dock/Bulkhead Repair and Replacement Program (Regional General Permit 54) Permit Number: SPL -2013 -00020 -SME Issuing Office: Los Angeles District Note: The term "you" and its derivatives, as used in this permit, means the Permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Location: Regional General Permit (RGP) 54 covers portions of Newport Bay, within the boundaries shown on the enclosed Figures 1 and 2 (except for the exclusion areas shown on the enclosed Figures 2-3c), in the city of Newport Beach, Orange County, California. Project Description: RGP 54 authorizes small-scale maintenance dredging, dock and bulkhead repairs, and in-kind dock and bulkhead replacement projects in Newport Bay. Specifically, the RGP covers the following regulated activities in eligible areas of Newport Bay: 1) maintenance dredging under and adjacent to private, public, and commercial docks, floats, and piers; 2) the discharge of dredged material at adjacent beach sites for beach nourishment, the LA -3 Ocean Dredged Material Disposal Site (ODMDS), confined disposal facilities, or at approved upland disposal sites; and 3) the repair and in-kind replacement of docking systems (including docks, piers, gangways, floats, and piles), bulkheads, and piles (Figures 2-3c). Areas of Newport Bay have been separated into distinct classifications pertaining to dredging depths and other requirements under RGP 54, as shown on Figures 2-3c: (a) For areas designated with a solid blue line, maintenance dredging shall occur to a maximum depth of A0 feet mean lower low water (MLLW), plus 2 feet of overdepth allowance with disposal conditionally approved at the LA -3 ODMDS. Grain size analysis shall be required prior to the discharge of sediment at beach sites to demonstrate suitability; (b) For areas designated with a hashed orange line, maintenance dredging shall occur to a maximum depth of A0 feet MLLW, plus 2 feet of overdepth allowance with disposal conditionally approved at the LA -3 ODMDS. Grain size analysis, chemical testing, and suitability concurrence by the Corps Regulatory Division and the U.S. Environmental Protection Agency (USEPA) shall be required prior to the discharge of sediment at beach sites; (c) For areas designated with a solid green line, the maximum dredging depth shall be -7 feet MLLW plus 1 foot of overdepth allowance with disposal conditionally approved at the LA -3 ODMDS. Z -layer testing shall be required to confirm the post -dredge surface contains mercury levels less than one ppm prior to dredging to ensure the newly exposed surface is clean. A grain size analysis shall be required prior to the discharge of sediment at beach sites to demonstrate suitability; and (d) Areas designated with a dashed yellow line are not eligible for coverage under RGP 54 at this time. The annual maximum dredge volume authorized under RGP 54 is 75,000 cubic yards (CYs) within the authorized areas and individual maintenance dredging projects shall not exceed 8,000 CYs. Permit Conditions: General Conditions: 1. The time limit for completing the authorized activity ends on December 21, 2020. 2. 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 4 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 from this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. 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. Special Conditions: 1. Sediment characterization data obtained from sediment samples in July 2013 are valid through July 2018. Appropriate sediment testing must be conducted and approved by the Corps Regulatory Division prior to August 1, 2018 for RGP 54 to remain valid after that date. Areas of Newport Bay eligible for RGP 54 would be determined based on testing results and other factors. Section 401 Water Quality Certification No. 302014-03 expires on July 29, 2019 (Appendix B). Therefore, no work shall occur after July 29, 2019 unless the City of Newport Beach (Permittee) receives an extension or additional authorization from the Santa Ana Regional Water Quality Control Board (RWQCB). The Permittee shall submit a copy of such authorization to the Corps Regulatory Division upon receipt. In addition, the Permittee shall submit a Pre -Construction Notification to the Santa Ana RWQCB for maintenance dredging projects at least 30 days prior to commencing work to determine whether a project qualifies under the 401 certification for the Program. If the Permittee is not contacted by the Santa Ana RWQCB within 30 days after mailing the notification, the Permittee may proceed with the project pending other pre - construction requirements. Coastal Development Permit No. 5-14-0200 and Consistency Certification CC -0002-15 do not authorize the in-kind repair or replacement of structures under RGP 54 (Appendix C). Therefore, applicants proposing the in-kind repair or replacement of structures shall apply to the California Coastal Commission for project -specific authorization (see Special Condition 4.b. below). In addition, the Permittee shall submit a Pre -Construction Notification for maintenance dredging projects to the California Coastal Commission and receive written authorization per Special Condition I.D. of the Coastal Development Permit prior to project commencement. 4. Overall Special Conditions applicable to all uses of RGP 54: a. Annual maintenance dredging is limited to 75,000 CYs of material. Individual dredging projects shall be no more than 8,000 CYs. Individual disposal projects shall be no more than 8,000 CYs. b. The following tiered approach shall be applicable to projects potentially qualifying for RGP 54: Class Dredge Activities Covered Structural Activities Covered Review Terms I Projects dredging None No Pre -Construction Notification to the up to 1,000 CYs Corps is required. However, the Permittee of material with shall submit a Pre -Construction no potential to Notification to the California Coastal impact existing Commission and receive written eelgrass authorization per Special Condition I.D. of the Coastal Development Permit prior to project commencement. In addition, the Permittee shall submit a Pre -Construction Notification to the Santa Ana RWQCB for maintenance dredging projects at least 30 days prior to commencing work to determine whether a project qualifies under the 401 certification for the Program (per Certification Condition 1). If it is determined a project does not qualify for a Coastal Development Permit and/or section 401 water quality certification, the project would then be considered denied without prejudice by the Corps Regulatory Division. In accordance with Special Conditon 3.d., the Permittee shall provide quarterly reports to the Corps Regulatory Division describing all projects authorized under RGP 54. II Projects dredging In-kind repair or The Permittee shall submit a Pre - between 1,000 and replacement of existing Construction Notification to the regulatory 8,000 CYs of structures agencies, including the Corps Regulatory material and/or Divison, and work shall not commence projects with until written authorizations have been potential to impact issued. For the in-kind repair or existing eelgrass replacement of structures, this shall include a coastal consistency certification from the California Coastal Commission. c. The Permittee shall be the primary point of contact for applicants seeking authorization under RGP 54 and applications will be screened through the Permittee's office. If the Permittee determines a project qualifies as Class II, then applications, along with written certifications, shall be forwarded to the Corps Regulatory Division in batches each month. Pre -construction notifications shall include the following information: I . Confirmation that the proposed application meets the terms and conditions of RGP 54, with special emphasis on the presence or absence of eelgrass; 2. Maps of the project area, including location within Newport Bay, site address, site latitude and longitude coordinates (e.g., decimal degree format), and drawings of the proposed action to scale (i.e., plan and cross-section view of proposed activity), including boundaries of any proposed dredging and disposal work; 3. The proposed area of permanent and temporary impacts to waters of the United States (in acres or square feet) and proposed dredge and disposal quantities (in CYs); 4. The results of eelgrass and Caulerpa surveys of the project area(s); 5. For projects proposing the discharge of sediment for beach nourishment purposes, the results of sediment grain size analyses (and chemical testing, if applicable) of the proposed dredge and discharge sites; 6. For projects that have the potential to affect structures 50 years of age or more, a determination from a qualified architectural historian on whether the structure meets the criteria for inclusion on the National Register of Historic Places; and 7. For the in-kind repair or replacement of structures, confirmation that an application has been submitted to the California Coastal Commission. d. Quarterly Reporting: The Permittee shall submit quarterly reports to the Corps Regulatory Division, unless otherwise amended, documenting activities authorized under RGP 54 during the preceding quarter. Quarterly reports shall be submitted by January 1 for September -November of the preceding year, April 1 for December of the preceding year - February, July 1 for March -May, and October 1 for June -August each year. These quarterly reports shall include the following information: 1. Summary of dredge operations and structural work including: a. Whether a project was processed as Class I or Class II; b. Location (address and coordinates) of each project; c. Areas and volumes of material dredged (in acres and CYs); and d. Disposal location(s) and volumes for each method used (i.e., beach site, LA -3 ODMDS, inland site, or other approved area); 2. An estimate of the total acreage of waters of the United States impacted for each activity type (e.g., dredge area and discharge area or square footage of in-kind dock replacement); 3. Summary of any direct and indirect eelgrass impacts for each activity type, and the eelgrass monitoring and/or mitigation completed or in progress; and 4. An updated, to -scale map showing the locations of all activities authorized under RGP 54. All maps and drawings shall be in compliance with the Final Map and Drawing Standards for the South Pacific Division Regulatory Program dated August 6, 2012 (http://www.spd.usace.army.mil/Portals/13/docs/rep,ulatoD /standards/man.pdf). e. Eelgrass-related requirements: If maintenance dredging projects may result in impacts to existing eelgrass, the Permittee and individual applicants shall adhere to the provisions of the Eelgrass Protection and Mitigation Plan for Shallow Waters in Lower Newport Bay: An Ecosystem Based Management Program (City of Newport Beach; October 14, 2015) (Newport Bay Eelgrass Protection and Mitigation Plan), California Eelgrass Management Policy (CEMP), or any subsequent Corps -approved policies. If the in-kind repair or replacement of existing structures may result in impacts to existing eelgrass, the Permittee and individual applicants shall adhere to the provisions of the CEMP or any subsequent Corps -approved policies. The following exceptions to the Newport Bay Eelgrass Protection and Mitigation Plan have been incorporated into RGP 54: a. Following review of the biennial eelgrass survey data proposed in the Newport Bay Eelgrass Protection and Mitigation Plan, or should there be a net loss in eelgrass in the impacted areas of Newport Bay relative to the reference sites, the Permittee, Corps Regulatory Division, National Marine Fisheries Service (NMFS), California Coastal Commission, California Department of Fish and Wildlife (CDFW), and other interested resource agencies would coordinate to resolve implementation issues that were unforeseen when RGP 54 and the Newport Bay Eelgrass Protection and Mitigation Plan were developed. In addition, if the Corps determines, in consultation with NMFS, that the development authorized by RGP 54 is causing adverse impacts to habitat which are not being adequately mitigated, the Corps may suspend commencement of and/or authorization of any further dredging and/or disposal until the Permittee addresses the unforeseen impacts to EFH and Habitats of Particular Concern. b. The final report for the six-year trial period of the Newport Bay Eelgrass Protection and Mitigation Plan shall assess the net effect of dredging and restoration activities on the presence of eelgrass within the plan area in the context of natural trends. The Permittee, using the biennial survey data and reference sites within the plan area that have not been affected by maintenance dredging or replenishment, shall report on the trends in eelgrass abundance over the permit period. Should reference sites indicate a decline in overall eelgrass abundance at the end of six years, the Permittee, Corps Regulatory Division, NMFS, California Coastal Commission, CDFW, and other applicable resources agencies would evaluate the causes of such decline and use that information in assessing the success of mitigation efforts undertaken by the Permittee during the period of the plan. If, through these discussions, the Corps, in consultation with NMFS, determines there is a shortfall in the necessary mitigation to offset temporary or permanent losses of eelgrass, a revised Eelgrass Mitigation and Monitoring Plan shall be prepared by the Permittee to provide the necessary additional eelgrass mitigation. 2. For RGP 54 -eligible dredging projects, should it be determined dredged material is suitable for placement on a beach or in front of an existing bulkhead(s), the following eelgrass monitoring requirements apply: a. If eelgrass is not present within 30 feet (in any direction) of the proposed dredge or dredge material disposal footprint, no additional eelgrass monitoring requirements apply. b. If eelgrass is present between 15-30 feet from the proposed dredge material disposal footprint (in any direction), then monitoring of the site for potential eelgrass impacts from disposal operations shall be required per the monitoring guidelines specified in the CEMP. Monitoring shall consist of pre- and post - project transects placed perpendicular to the shoreline and spaced five feet apart which map the eelgrass bed. Enough transects will be used to extend the length of the project footprint. Along each transect, the extent of eelgrass will be measured. Any decrease in eelgrass extent along any transect (pre -project vs. post -project) will constitute an impact. The pre -project transects shall be conducted no sooner than 60 days prior to the start of dredging and the post - project transects shall be conducted no later than 30 days following the completion of dredging. c. If eelgrass is present within 15 feet from the proposed dredge material disposal footprint (in any direction), then the disposal location is not authorized by RGP 54. d. Should the monitoring required in Special Condition "4.e.2.b." above identify an impact to the mapped eelgrass bed, then mitigation consistent with the provisions of the Newport Bay Eelgrass Protection and Mitigation Plan, CEMP, or any subsequent Corps -approved policies shall apply. An eelgrass monitoring report shall be submitted by the Permittee to the Corps Regulatory Division, NMFS, and the California Coastal Commission no later than 90 days following completion of dredging. If an impact was detected (as defined above), the report shall include a summary of how the applicable eelgrass mitigation plan shall be complied with. For purposes of this RGP, the Permittee and project -specific applicants may use the Permittee's biennial eelgrass surveys of Newport Bay to determine the presence and amount of eelgrass at a particular location per the provisions of the Newport Bay Eelgrass Protection and Mitigation Plan. All other eelgrass survey/mapping efforts shall be completed during the active growth phase for the vegetation (typically March through October) and shall be valid for a period of 120 days with the exception of surveys completed from August through October. A survey completed from August through October shall be valid until the resumption of active growth (i.e., March 1). Work shall only occur with a valid survey. If the survey expires prior to commencement of work, a new survey shall be required prior to commencement of any work. 4. Prior to commencement of any activity authorized under RGP 54, the boundaries of any eelgrass to be avoided shall be marked with buoys so that equipment and vessel operators avoid impacting these areas. 5. Barges and other vessels used for any activity authorized under RGP 54 shall be anchored to avoid encroachment into avoided eelgrass beds. Barges and other vessels shall avoid transit over any eelgrass beds to the maximum extent practicable. Where transit over eelgrass beds is unavoidable, such transit shall only occur during high tides when grounding and potential damage to eelgrass can be avoided. f. Caulerpa-related requirements: All projects proposed for authorization under RGP 54 shall meet the following requirements: 1. A new pre -construction Caulerpa (Caulerpa taxifolia) survey shall be conducted in accordance with the Caulerpa Control Protocol (http://www.westcoast fisheries noaa goy/publications/habitat/cauler2a taxifolia/caulerp a control® protocol 4 .pdf) and submitted to the Corps Regulatory Division not earlier than 90 calendar days prior to planned construction or dredging -related activities and not later than 30 calendar days prior to construction or dredging -related activities. The results of that survey shall be provided to the Corps Regulatory Division, NMFS, California Coastal Commission, and the CDFW at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NMFS, the California Coastal Commission and CDFW. g. The Permittee shall maintain a copy of RGP 54 and any signed Notice to Proceed (NTP) on all vessels used to dredge, transport, and dispose of dredged material or conduct structural work authorized under this permit. h. The Permittee shall implement standard Best Management Practices (BMPs) during construction. i. The permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. j. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard (USCG) as described below: Commander, 11th Coast Guard District (dpw) Telephone: 510-437-2980 E-mail: d11LNM@uscg.mil Website: http://www.uscg.mil/dp/Inmrequest.asp USCG, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigangusc .mil 1. The Permittee shall notify the USCG, Commander, 11th Coast Guard District (dpw) and the USCG, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: a. Project description including the type of operation (i.e. dredging, diving, construction, etc); b. Location of operation, including Latitude/Longitude (NAD 83); c. Work start and completion dates and the expected duration of operations. The USCG needs to be notified if these dates change; d. Vessels involved in the operation (name, size and type); e. VHF -FM radio frequencies monitored by vessels on scene; f. Point of contact and 24-hour phone number; g. Potential hazards to navigation; h. Chart number for the area of operation; and i. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." 2. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the USCG in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation which requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the USCG, Aids to Navigation office. The Permittee and its contractor(s) are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the USCG. 3. Should the Permittee determine the work requires the placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the USCG, Aids to Navigation office. The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the USCG. 4. The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the COTP. 5. Maintenance dredging under and adjacent to previously authorized private, public, and commercial docks, floats, and piers: a. For this RGP, the term "dredging operations" shall mean: navigation of the dredging vessel at the dredging site, excavation of dredged material within the project boundaries, and placement of dredged material into a hopper dredge or disposal barge or scow. b. Areas of Newport Bay have been separated into distinct classifications pertaining to dredging depths and other requirements under RGP 54, as shown on Figures 2-3c: (a) For areas designated with a solid blue line, maintenance dredging shall occur to a maximum depth of -10 feet mean lower low water (MLLW), plus 2 feet of overdepth allowance with disposal conditionally approved at the LA -3 ODMDS. Grain size analysis shall be required prior to the discharge of sediment at beach sites to demonstrate suitability; (b) For areas designated with a hashed orange line, maintenance dredging shall occur to a maximum depth of -10 feet MLLW, plus 2 feet of overdepth allowance with disposal conditionally approved at the LA -3 ODMDS. Grain size analysis, chemical testing, and suitability concurrence by the Corps Regulatory Division and the U.S. Environmental Protection Agency (USEPA) shall be required prior to the discharge of sediment at beach sites; (c) For areas designated with a solid green line, the maximum dredging depth shall be -7 feet MLLW plus 1 foot of overdepth allowance with disposal conditionally approved at the LA - 3 ODMDS. Z -layer testing shall be required to confirm the post -dredge surface contains mercury levels less than one ppm prior to dredging to ensure the newly exposed surface is clean. A grain size analysis shall be required prior to the discharge of sediment at beach sites to demonstrate suitability; and (d) Areas designated with a dashed yellow line are not eligible for coverage under RGP 54 at this time. Discharge or disposal of material dredged from below these depths or dredged from outside the project boundaries (Figures 1-3c) is not authorized by this permit. Any such material shall be disposed in uplands or in an approved confined fill. However, the Corps Regulatory Division and USEPA may approve offshore disposal and/or beach discharge for a particular site if additional sediment testing is conducted to the depth requested [via Corps- and USEPA-approved Sampling and Analysis Plan (SAP)] and the material is found to be suitable. c. Sediments from areas within the RGP 54 boundary identified as containing elevated mercury levels, i.e., designated on Figures 2-3c in yellow, are ineligible for sediment dredging or disposal operations under this RGP. However, the Corps Regulatory Division and USEPA may approve sediment dredging or disposal operations under RGP 54 at these locations if additional sediment testing is conducted (via a Corps- and USEPA-approved SAP) and the material is found to be suitable. d. Sediment from authorized areas (Figures 1-3c) within the RGP 54 boundary that meet the grain size criteria (at least 75% sand) are suitable for discharge onto beach sites within 1,000 feet of dredging operation sites, unless otherwise approved by the Corps Regulatory Division. No use of sediments from areas identified as containing elevated mercury levels are authorized for beach nourishment unless individual stations were to be retested and found by the Corps Regulatory Division to be suitable for beach nourishment. e. Sediment from authorized areas (Figures 1-3c) within the RGP 54 boundary with 80% or less sand content are suitable for disposal at the LA -3 ODMDS. No use of sediments from areas identified as containing elevated mercury levels are authorized for disposal at the LA - 3 ODMS unless individual stations were to be retested and found by the Corps Regulatory Division to be suitable for offshore placement. f. The Permittee shall ensure that the captain of any hopper dredge, tug or other vessel used in the dredging and disposal operations, is a licensed operator under USCG regulations and follows the Inland and Ocean Rules of Navigation or the USCG Vessel Traffic Control Service. All such vessels, hopper dredges or disposal barges or scows, shall have the proper day shapes, operating marine band radio, and other appropriate navigational aids. g. The Permittee's contractor(s) and the captain of any dredge covered by this permit shall monitor VHF -FM channels 13 and 16 while conducting dredging operations. h. Upon request, the Permittee and its contractor(s) shall allow inspectors from the Corps Regulatory Division, the USEPA, and/or the USCG to inspect all phases of the dredging and disposal operations. In addition, the Permittee and its contractor(s) shall make available to inspectors from the Corps Regulatory Division, the USEPA, and/or the USCG the following: dredging and disposal operations inspectors' logs, the vessel track plots, and all disposal vessel logs or records, any analyses of the characteristics of dredged material, or any other documents related to dredging and disposal operations. i. If a violation of any permit condition occurs, the violation shall be reported by the Permittee to the Corps Regulatory Division within 24 hours. If the Permittee retains any contractors to perform any activity authorized by this permit, the Permittee shall instruct all such contractors that notice of any violations shall be reported to the Permittee immediately. When using a hopper dredge, water flowing through the weirs shall not exceed 10 minutes during dredging operations. The level that a hopper dredge can be filled shall not exceed the load line to prevent any dredged material or water from spilling over the sides at the dredging site or during transit from the dredging site to the disposal site. No hopper dredge shall be filled above this predetermined level. Before each hopper dredge is transported to the disposal site, the dredging site inspector shall certify that it is filled correctly. k. When using a disposal barge or scow, no water shall be allowed to flow over the sides. The level that a disposal barge or scow can be filled shall not exceed the load line to prevent any dredged material or water from spilling over the sides at the dredging site. No disposal barge or scow shall be filled above this predetermined level. Before each disposal barge or scow is transported to the disposal site, the dredging site inspector shall certify that it is filled correctly. 1. The Permittee shall use an electronic positioning system to navigate at the dredging site. The electronic positioning system shall have a minimum accuracy and precision of +/- 10 feet (3 meters). If the electronic positioning system fails or navigation problems are detected, all dredging operations shall cease until the failure or navigation problems are corrected. Any navigation problems and corrective measures shall be described in the post - dredging completion report per Special Condition 5.m. in. The Permittee shall submit a post -dredging completion report to the Corps Regulatory Division after completion of each dredging project to document compliance with all general and Special Conditions defined in this permit. The report shall include all information collected by the Permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the Special Conditions of this permit. The report shall indicate whether all general and Special Conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: 1. Permit and project number; 2. Start date and completion date of dredging and disposal operations; 3. Total cubic yards disposed at the authorized disposal site(s); 4. Mode of dredging; 5. Mode of transportation; 6. Form of dredged material; 7. Frequency of disposal and plots of all trips to the authorized disposal site(s); 8. Tug boat or other disposal vessel logs documenting contact with the USCG before each trip to the authorized ocean disposal site; 9. Percent sand, silt, and clay in dredged material: for RGP 54 only, see sediment testing requirements above; 10. A certified report from the dredging site inspector indicating all general and Special Conditions were met. Any violations of the permit shall be explained in detail; 11. Pre -dredging hydrographic survey; 12. A detailed post -dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the pre -dredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post -dredging survey shall be the same methods used in the pre -dredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate; and 13. The post -dredging report shall be signed by a duly authorized representative of the Permittee. The Permittee's representative shall make the following certification: I cert under penalty of law that this document and all attachments were prepared under my direction or supervision. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 6. Offshore (ocean) disposal of dredged material: a. The following mandatory conditions for disposal operations at the LA -3 ODMDS are provided pursuant to the USEPA's authority under sections 102 and 103 of the Marine Protection, Research, and Sanctuaries Act (MPRSA), and the ocean dumping regulations at 40 CFR Parts 220-228. For enhanced clarity and understanding, they enhance, combine, and re -number many of the Special Conditions originally published in the USEPA's 1999 rule [64 FR 141 pages 39927-39934, and 40 CFR 228.15 (1)(3)]. b. All sediment within the authorized areas (Figures 1-3c) of RGP 54 with 80% or less sand content are suitable for disposal at the LA -3 ODMDS with the exception of sediment from areas identified as containing elevated mercury levels. However, the Corps Regulatory Division and the USEPA may approve sediment dredging or disposal operations under RGP 54 at these locations if additional sediment testing is conducted (via a Corps- and USEPA- approved SAP) and the material is found to be suitable. c. Definitions: 1. "Permit" and "Permittee" as used here mean Corps ocean dumping permits issued to others under section 103 of the MPRSA (see MPRSA section 103(e) and 40 CFR Part 220.2). 2. "Towing vessel" is any self-propelled tug or other marine vessel used to transport (tow or push) the "disposal vessel" (see #3 following) for any portion of the transit to the LA -3 ODMDS. 3. "Disposal vessel" is any barge, scow, or self-propelled vessel (such as a hopper dredge) that carries dredged material during transit and from which the dredged material is discharged, typically by opening doors in the bottom of the hull or by splitting the hull. 4. "Transit" or "transport" to the disposal site begins as soon as dredged material loading into the disposal vessel is completed and a towing vessel begins moving the disposal vessel to the disposal site. 5. "Surface Disposal Zone" or "SDZ" is the 1,000 foot radius circle at the center of the overall disposal site, within which the disposal vessel shall discharge all of the dredged material. 6. "Ocean disposal operations" is the transportation of dredged material from the dredging site to the LA -3 ODNIDS, proper disposal of dredged material at the central disposal area within the LA -3 ODNIDS, and transportation of the hopper dredge or disposal barge or scow back to the dredging site. d. The ocean disposal site is demarcated as a circle with the center coordinates and radii listed below. Disposal vessels shall be entirely within the SDZ when discharging dredged material: Dimensions I Center Coordinates Disposal Limit Disposal Site Radius of Radius Overall Latitude Longitude Cubic yards of SDZ* Site (NAD 83) (NAD 83) per year LA -3 1000 3000 feet 33°31'00" 117053'30" 2,500,000 (Newport) feet N W e. When dredged material is discharged within the LA -3 ODNIDS, no portion of the vessel from which the materials are released (e.g. hopper dredge or towed barge) may be further than 1,000 feet from the center of the disposal sites. No more than one disposal vessel may be present within the SDZ at any time. f. In no case will offshore (ocean) disposal or beach discharge be authorized for material dredged below the sediment testing characterization depth for any particular site. Any such material shall be disposed in uplands or in an approved confined fill. However, the Corps Regulatory Division and the USEPA may approve offshore disposal and/or beach discharge for a particular site if additional sediment testing is conducted to the depth requested (via Corps Regulatory Division and USEPA-approved SAP) and the material is found to be suitable. g. No more than 8,000 CYs of dredged material excavated for an individual dredging project authorized under RGP 54 are authorized for disposal at the LA -3 ODNIDS. h. For projects disposing more than 1,000 CYs of dredged materials at the LA -3 ODNIDS, the Permittee shall submit a dredging and disposal operations plan to the Corps Regulatory Division and the USEPA at least 15 calendar days before initiation of any dredging operations with the following information: 1. A list of the names, addresses, and telephone numbers of the Permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site; 2. A list of all vessels, major dredging equipment and electronic positioning systems or navigation equipment that will be used for dredging and disposal operations, including the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow to assure compliance with Special Conditions on dredging and disposal operations; 3. A detailed description of the dredging and disposal operations authorized by this permit. Description of the dredging and disposal operations should include, at a minimum, the following: a. Dredging and disposal procedures for the dredged material determined by the Corps Regulatory Division and the USEPA to be unsuitable for ocean disposal; b. Dredging and disposal procedures for the material to be dredged from the proposed site; and c. A schedule showing when the dredging project is planned to begin and end; 4. A pre -dredging bathymetric condition survey, taken within 30 days before the dredging begins. For RGP 54 only, one of two survey methods can be used: a. Survey taken via lead line, sounding disc, or sounding pole techniques according to Chapter 8 (Manual Depth Measurement Techniques) from the Corps' Engineering and Design Hydrographic Surveying Manual (EM 1110-2-1003, published 01 Jan 2002). Each individual project survey using this method will include a minimum of three sounding points (adjusted for tide) per individual dock; and b. Survey (presented as a large format plan view drawing), taken within thirty (30) days before the dredging begins, accurate to 0.5 -foot with the exact location of all soundings clearly defined on the survey chart. The pre -dredge survey chart shall be prepared showing the following information: 1. The entire dredging area, the toe and top of all side -slopes and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre -dredge condition survey should cover an area at least 50 feet outside the top of the side -slope or the boundary of the dredging area, unless obstructions are encountered; 2. The dredging design depth, overdredge depth, and the side -slope ratio; 3. The total quantity of dredged material to be removed from the dredging areas and the side -slope areas; 4. Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and overdredge depth shall be shaded yellow, and areas below overdredge depth that will not be dredged shall be shaded blue. If these areas are not clearly shown, the Corps Regulatory Division may request additional information; and The pre -dredging survey chart shall be signed by the Permittee to certify that the data are accurate and that the survey was completed within 30 days before the proposed dredging start date c. A debris management plan to prevent disposal of large debris at all disposal locations. The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods. i. The Permittee shall notify the USCG by radio on VHF -FM channel 16 or by telephone at least four hours before departing for each disposal site. The notification shall include: 1. Name of Permittee; 2. Corps permit number; 3. Name and identification of vessels (tug boat, hopper dredged or disposal barge or scow) employed in the disposal operation; 4. Loading location of the material to be disposed; 5. Material to be disposed; 6. Time of departure from the dredging site; 7. Estimated time of arrival at the ocean disposal site and estimated time of departure from the ocean disposal site; and 8. Estimated time or arrival at dredging site after the disposal operation is completed. Prohibition on Leaking or Spilling During Transport: Dredged material shall not be leaked or spilled from disposal vessels during transit to the LA -3 ODMDS. Transportation of dredged material shall only be allowed when weather and sea state conditions will not interfere with safe transportation and will not create risk of spillage, leak or other loss of dredged material during transit. Disposal vessels shall not be loaded beyond a level at which dredged material would be expected to be spilled in transit under anticipated sea state conditions. No disposal vessel trips shall be initiated when the National Weather Service has issued a gale warning for local waters during the time period necessary to complete dumping operations, or when wave heights are 16 feet or greater. k. Prohibition on Trash and Debris; use of Grizzly: Only dredged material determined in advance by the Corps Regulatory Division and the USEPA to be suitable for ocean disposal may be discharged at the LA -3 ODMDS. Uncharacterized dredged material, vessels, trash, and other debris are prohibited from being discharged at these sites. In order to exclude large trash and debris (including rocks) from being disposed at the sites, all excavated dredged material loads shall be placed into scows through a steel mesh or chain "grizzly" with openings of no more than 12 inches by 12 inches. Material retained on the grizzly shall be removed and disposed of separately. The Corps Regulatory Division and the USEPA may, on a case-by-case basis, waive the requirement to use a grizzly if they determine that trash and debris is unlikely to be present in the area to be dredged. Independent Inspector, and Scow Certification Checklist: Before any disposal vessel departs for the LA -3 ODMDS, an independent quality control inspector ("independent" means not a direct employee of the Permittee or dredging contractor) shall certify in writing that the vessel is not over -loaded, and otherwise meets the conditions and requirements of a Scow Certification Checklist that contains all of the substantive elements found in the example contained in the most current Site Management and Monitoring Plan Implementation Manual. The Corps Regulatory Division and the USEPA shall approve the proposed Scow Certification Checklist prior to the commencement of ocean disposal operations. No ocean disposal trip may be initiated until both the towing vessel captain and the independent inspector have signed all relevant entries on the Scow Certification Checklist. The inspector shall provide a summary of any discrepancies or inaccuracies on the Checklist in the Permittee's report to the Corps Regulatory Division and the USEPA for the relevant month. m. Disposal Vessel Instrumentation and Tracking: The primary tracking system for recording ocean disposal operations shall be disposal vessel- (e.g., scow- or hopper dredge-) based. Each disposal vessel shall have a primary navigation/tracking system functioning for each disposal trip, calibrated for accuracy at a minimum at the beginning of each ocean disposal project, that automatically and continually indicates and records the following information throughout transportation to, disposal at, and return from the LA -3 ODMDS: 1. position of the disposal vessel, to a minimum accuracy of three meters (10 feet); 2. speed and heading of the disposal vessel; 3. fore and aft draft of the disposal vessel (sensors as near vessel centerline as possible); 4. fore and aft bin height (top of dredged material load in the bin or hopper) (sensors as near vessel centerline as possible); and 5. time and location of each disposal event (e.g., the discharge phase). This system shall record these data at a maximum 1 -minute interval while outside the disposal site boundary, and at a maximum 15 -second interval while inside the disposal site boundary and the SDZ. The primary system shall also include a real-time display, located in the wheelhouse or otherwise visible to the helmsman, showing the position of the disposal vessel relative to the boundaries of the ODMDS and its SDZ, superimposed on the appropriate NOS chart so that the operator can confirm proper position of the disposal vessel within the SDZ before discharging the dredged material. n. Posting Disposal Vessel Tracking Data on the Internet: Within 24 hours of the completion of each disposal trip, data recorded from the primary disposal tracking system shall be posted by a third party contractor to a World Wide Web (Internet) site accessible by the Corps Regulatory Division and the USEPA Region 9. The Web site shall be searchable by disposal trip number and date, and at a minimum for each disposal trip it shall provide a visual display of. the disposal vessel transit route to the LA -3 ODMDS; the beginning and ending locations of the disposal event; and the disposal vessel draft and load level in the bin throughout the transit. The requirement for posting this information on the Web is independent from the hard -copy reporting requirements listed below. o. E -Mail Alerts: The third -party system shall also generate and distribute "e-mail alerts" regarding any degree of apparent dumping outside the SDZ of the LA -3 ODMDS ("mis- dumping"), and regarding any apparent substantial leakage/spillage or other loss of material in transit to these sites. Substantial leakage/spillage or other loss shall be defined as an apparent loss of draft of one foot or more between the time that the disposal vessel begins the trip to the LA -3 ODMDS and the time of actual disposal. E-mail alerts for any disposal trip shall be sent within 24 hours of the end of that trip to the Corps Regulatory Division and the USEPA Region 9. p. Back-up Navigation System: A functioning back-up navigation system, meeting the minimum accuracy requirement listed above, shall also be in place on the towing vessel (tug, if any). If the primary (disposal vessel's) navigation tracking system fails during transit, the disposal trip may continue only so long as the back-up(Lowing vessel's) navigation and tracking system remains operational, by placing the towing vessel in such a location that, given the compass heading and tow cable length to the scow ("lay back"), the estimated scow position would be within the SDZ [i.e., within 1,000 feet of the center of the disposal site]. In such cases the towing vessel's position, and the tow cable length and compass heading to the disposal vessel at the time of discharge, shall be recorded and reported. Further disposal operations using a disposal vessel whose navigation tracking system fails shall cease until the primary disposal tracking system's capabilities are restored. q. Record -Keeping, and Monthly Reporting: In addition to the requirement for posting data on the Web, the Permittee shall maintain daily records (including using the approved Scow Certification Checklist) of. the amount of material dredged and loaded into barges for disposal; the location from which the material in each barge was dredged; the weather report for and sea -state conditions anticipated during the transit period; the time that each disposal vessel departs for, arrives at and returns from the LA -3 ODMDS; the exact location and time of each disposal; and the volume of material disposed at these sites during each disposal trip. The Permittee shall also maintain, for each ocean disposal trip, both electronic data and printouts from the GPS -based primary disposal tracking system (or the backup navigation tracking system when appropriate) showing transit routes, disposal vessel draft readings, disposal coordinates, and the time and position of the disposal vessel when dumping was commenced and completed. These daily records shall be compiled at a minimum for each month during which ocean disposal operations occur, and provided in reports, certified accurate by the independent quality control inspector, to both the Corps Regulatory Program and the USEPA. For each ocean disposal trip, these reports shall include the electronic tracking and disposal vessel draft data on CD-ROM (or other media approved by the Corps Regulatory Division and the USEPA), as well as hard copy reproductions of the Scow Certification Checklists and printouts listed above. The monthly reports shall include a cover letter describing any problems complying with the Ocean Disposal Special Conditions, the cause(s) of the problems, any steps taken to rectify the problems, and whether the problems occurred on subsequent disposal trips. r. 24 -Hour Notification Requirement for Potential Leaks or Mis-Dumps: The Permittee shall report any anticipated, potential, or actual variances from compliance with these ocean disposal site conditions, and any additional project -specific Special Conditions, to the Corps Regulatory Division and the USEPA, within 24 hours of discovering such a situation. A message from an operational "e-mail alert" system will be considered as fulfilling this 24- hour notification requirement. In addition, the Permittee shall prepare and submit a detailed report of any such compliance problems on a weekly basis by noon Monday, to the Corps Regulatory Division and the USEPA. These reports shall describe the cause(s) of the problems, any steps taken to rectify the problems, and whether the problems occurred on subsequent disposal trips. s. The captain of any tug boat or other vessel covered by this permit shall monitor VHF -FM channel 16 while conducting disposal operations. t. Project Completion Report: Following the completion of ocean disposal operations, the Permittee shall submit to the Corps Regulatory Division and the USEPA a completion letter summarizing the total number of disposal trips and the overall volume (bin as well as in- situ) of material disposed at the LA -3 ODMDS, and whether any of this dredged material was excavated from outside the areas authorized for ocean disposal or was dredged deeper than authorized by the permit. 7. Beach discharge (beach nourishment): a. No use of sediments from areas identified as containing elevated mercury levels are authorized for beach nourishment. However, the Corps Regulatory Division and the USEPA may approve sediment dredging or disposal operations under RGP 54 at these locations if additional sediment testing is conducted (via a Corps- and USEPA-approved SAP) and the material is found to be suitable. b. Material dredged under RGP 54 is only authorized for beach discharge onto sites located within 1,000 feet of the authorized dredge site, unless otherwise approved by the Corps Regulatory Division. c. In no case will offshore (ocean) disposal or beach discharge be authorized for material dredged below the sediment testing characterization depth for any particular site. Any such material shall be disposed in uplands or in an approved confined fill. However, the Corps Regulatory Division and the USEPA may approve offshore disposal and/or beach discharge for a particular site if additional sediment testing is conducted to the depth requested (via Corps- and USEPA-approved SAP) and the material is found to be suitable. d. Sediment from approved areas within the proposed RGP 54 area that meet the grain size criteria (at least 75% sand) are suitable for discharge onto beach sites within 1,000 feet of dredging operation sites, unless otherwise approved by the Corps Regulatory Division. e. The Permittee shall send one copy of a beach disposal post -discharge report to the Corps Regulatory Division documenting compliance with all general and Special Conditions defined in this permit. The post -discharge report shall be sent after completion of the discharge operations authorized in this permit. The report shall indicate whether all general and Special Conditions were met. Any violations of the permit shall be explained in detail. The report shall include: 1. Corps permit number; 2. Identify source of material; 3. Total cubic yards disposed at each beach disposal site; 4. Modes of transportation and discharge; and 5. Actual start date and completion date of transport and discharge operations. f. The Permittee shall implement all appropriate, standard BMPs to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter waters of the United States due to beach nourishment operations. g. The applicant will establish a safety flag perimeter of the beach nourishment area during disposal activities, and monitor the premises to protect the general public from construction hazards and equipment. h. No maintenance, storage, or fueling of heavy tracked equipment or vehicles shall occur within 500 feet of the high tide line of waters of the United States. 8. Inland disposal: If neither beach discharge nor offshore disposal are appropriate options for an individual project proposed under this RGP, an inland disposal site may be utilized, if approved by the Corps Regulatory Division. 9. Repair or in-kind replacement of structures: a. For repair and replacement activities, "in-kind" is defined as replacement where the overwater footprint and configuration of replacement structures are identical to that of existing design conditions. Modern materials may be substituted, as appropriate (e.g. concrete piles instead of treated timber). Modifications to overwater footprints or structural configurations are not permitted under RGP 54. b. This permit does not authorize the installation of new bulkheads, the relocation of bulkheads seaward of their existing alignment, the widening or lengthening of an existing bulkhead, the placement of fill materials seaward of a bulkhead to buttress it against storm surges, the removal of a bulkhead and installation of a longer or wider bulkhead, or the replacement of a bulkhead. Bulkhead work authorized by this permit is limited to bulkhead repairs and in- kind replacement. c. Only concrete piles or steel piles with a non-toxic coating may be authorized under RGP 54. Use of any other type of pile (e.g., Creosote treated pilings) is not authorized under this RGP. d. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. e. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps and to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton, NOAH, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711. £ The Permittee understands and agrees that, if future operations by the United States require 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. 10. Mitigation: This RGP does not authorize more than minimal impacts to aquatic resources. Based on relevant information, the Corps Regulatory Division will determine if compensatory mitigation is required. Any required mitigation would be the responsibility of the Permittee and failure to implement Corps -specified mitigation could result in enforcement proceedings. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). (X) 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. Re-evaluation of Permit Decision. This office may re-evaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a re-evaluation 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 re-evaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR §325.7 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. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a re-evaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. Your signature below, as Permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. ris Miller Date Harbor Resources Manager City of Newport Beach, Division of Harbor Resources This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Regulatory Division 21 Dec 2015 Date When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Chris Miller, City of Newport File Number: SPL-2013-00020-SME Date: 12/21/2015 Beach Attached is: See Section below X INITIAL PROFFERED PERMIT (Regional General Permit) A PROFFERED PERMIT (Regional General Permit) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.anny.mil/cecw/pages/reg materials.as x or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Regional General Permit (RGP) or Standard Individual Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the RGP/Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (RGP/Standard Individual Permit or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a RGP/Standard Individual Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the RGP/Standard Individual Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (RGP/Standard Individual Permit or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Appendix A E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed) by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to re-evaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you process you may contact: may also contact: Stephen M. Estes Thomas J. Cavanaugh Senior Project Manager Administrative Appeal Review Officer U.S. Army Corps of Engineers U.S. Army Corps of Engineers Los Angeles District South Pacific Division 915 Wilshire Boulevard, Suite 930 1455 Market Street, 2052B Los Angeles, California 90017 San Francisco, California 94103-1399 Phone: 213-452-3660 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: stephen.m.estes@,usace.army.mil Email: thomas.j.cavanaugh2usace.army. mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 -day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. SPD version revised December 17, 2010 lllllvn� Water Boards Santa Ana Regional Water Quality Control Board July 29, 2014 Chris Miller City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 0-1,1'.11-� Mnn uer: Roc Hiai,ez GENERAL CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR PROJECTS SUBiF:roT Tr) l IS. ARRAY CORPS OF ENGINEERS' REGIONAL GENERAL PERMIT NO. 54 (SARWQCB NO. 302014-03) Dear Mr. Miller: On January 22, 2014 we received an application for Clean Water Act Section 401 Water Quality Standards Certification ("Certification") from Anchor QEA, LLC on behalf of the City of Newport Beach ("City") for projects subject to the U.S. Army Corps of Engineers' ("Corps") Regional General Permit No. 54 ("RGP-54"). The application was deemed complete on February 3, 2014. This letter responds to your request for certification that the activities described in your application will comply with applicable State water quality standards established in the Water Quality Control Plan for the Santa Ana River Basin ("Basin Plan"). Project Description: RGP-54 is a general permit administered by the U.S. Army Corps of Engineers (Corps) for minor maintenance dredging underneath and adjacent to private, public, and commercial docks, floats, and piers in portions of Lower Newport Bay and Upper Newport Bay. RGP-54 was last certified by the Regional Board on October 5, 2012 (Project No. 302012-21) for a period of five years. The Corps reissued RGP-54 on January 9, 2013. RGP-54 applies to projects within Section 27 of Township 6 South, Range 10 West, of the U.S. Geological Survey Newport Beach, Calif. Quadrangle map (33 36 36.72 N/ 117 54 20.16 W). The specific areas proposed for coverage under RGP-54 are depicted in Figures 1, 2, 3a, 3b, and 3c. W uiR -- I K.,V.B-r-.i.- i ,_ Appendix B Chris Miller, RGP-54 Renewal - 2 - July 29, 2014 302014-03 RGP-54 is limited to areas where the sediment has been characterized according to guidelines established by the Southern California Dredged Material Management Team (SC-DMMT). The guidelines specify that sediment data are valid for a period of five years. The 2012 certification for RGP-54 applied to areas where sediment was sampled in 2009 and 2011 (data valid through May 2014 and May 2016 respectively). The City conducted a new sediment sampling program in July 2013. The SC-DMMT evaluated these data in November 2013, approving discharge of dredged material at adjacent beach sites (for beach nourishment) or disposal at the U.S. EPA's LA -3 Ocean Dredged Material Disposal Site (LA -3) for sediments from all areas except for the Balboa Yacht Basin and Promontory Bay. Sediments not approved for disposal at LA -3 will be disposed of at an upland landfill. These results are valid until July 2018. Although the 2012 certification for RGP-54 has not expired, the City requests renewal of the certification to incorporate the areas of Newport Bay that were characterized by the 2013 sampling program. The City also requests a number of changes to the General Certification issued in 2012 for RGP-54 that are summarized in Table 1. Table 1: Changes to Previous Certification for RGP-54 Specification Previous Certification 302012-21 This Certification 302014-03 Areal definition Between pierhead and bulkhead Into federal channels Maximum dredge depth -7 feet MLLW plus 1 foot overde th -10 feet MLLW plus 2 feet overde th Eelgrass Protect ineligible if within 15 feet Mitigate per SCEMP Individual volume limit 1,000 cubic yards 8,000 cubic yards Annual volume limit 20,000 cubic yards 75,000 cubic yards Structures No maintenance allowed Repair and in-kind replacement MLLW — Mean Lower Low Water 2 SCEMP = Southern California Eelgrass Mitigation Policy 3 For "In-kind replacement," substitution with modern materials is allowed, but an increase in the overwater footprint when compared with the existing structure, and expansion of the structure's size or function is not allowed. Findings: Maintenance dredging is needed to remove accumulated sediment from docks, floats, and piers in Newport Bay. This sediment originates largely from the San Diego Creek Watershed. A large backlog of dredging projects exists as only limited use was made of the previous RGP-54 certifications due to volume and eelgrass restrictions. For example, only sixteen small dock and beach maintenance projects, totaling about 5,700 cubic yards of dredging, received coverage under RGP-54 over the past year. Chris Miller, RGP-54 Renewal - 3 - July 29, 2014 302014-03 Depths: The proposed maximum dredging depths represent an increase of four feet compared to the previous certification. The City reasons that this is consistent with the authorized federal channel design depth and is applicable to the entire lower bay. Sediment testing was performed to characterize these depths in most locations. Increasing the maximum depth to the authorized channel design depth is reasonable. Individual Project Volume: As indicated in Table 1, the previous individual project limit of 1,000 cubic yards will be increased to 8,000 cubic yards. The previous individual volume limit was adequate for typical individual home dock dredging projects, but this certification will also accommodate dredging and structural repair activities by commercial facilities. An 8,000 cubic yard limit will be sufficient to accommodate the dredging volumes from the small marinas that would make use of this general permit. Annual Dredging Volume: As indicated in Table 1, the previous annual program limit of 20,000 cubic yard limit will be increased to 75,000 cubic yards. The increase in the annual limit will accommodate the backlog of dredging and the use of the permit by projects that were not covered by the previous RGP-54. The City estimates a maximum annual dredging volume of about 75,000 cubic yards per year, based on an expected mix of five small marina projects (totaling up to 40,000 cubic yards), four large/medium residential projects (3,500 cubic yards each, totaling up to 24,500 cubic yards), and ten small residential projects dredging (1,000 cubic yards each, totaling up to 10,000 cubic yards). Application Reviews: The City has served as the primary point of contact for projects seeking authorization under RGP-54, reviewing applications for completeness and accuracy before forwarding notifications to the Regional Board. The City proposes to continue serving in this role for the duration of this permit. However, the City proposes that where eelgrass is present, projects will be subject to additional Regional Board review. Sediment Characterization: Sediments proposed for dredging under the previous RGP- 54 re -authorization were characterized by a sampling program conducted in May 2009 and May 2011. The results were evaluated by the SC-DMMT, and most sediment was found to be suitable for discharge of dredged material at adjacent beach sites (for beach nourishment) or disposal at LA -3. These determinations are valid for a period of five years. The sampling results from May 2009 expired in May 2014, while the sampling results from May 2011 will expire in May 2016. The City conducted a new sediment sampling program in July 2013. The SC-DMMT evaluated these data in November 2013, approving discharge of dredged material at adjacent beach sites (for beach nourishment) or disposal at the U.S. EPA's LA -3 Ocean Dredged Material Disposal Site (LA -3) for sediments from all areas except for the Balboa Yacht Basin and Promontory Bay. Sediments not approved for disposal at LA -3 will be disposed of at an upland landfill. These results are valid until July 2018. Chris Miller, RGP-54 Renewal - 4 - July 29, 2014 302014-03 Turbidi : Natural background turbidity in Lower Newport Bay is below 50 Nephelometric Turbidity Units (NTU) except during storm events. For waters with natural turbidity less than 50 NTU, the Basin Plan specifies a water quality objective for turbidity as a maximum increase not to exceed 20% as a result of controllable water quality factors. To implement this objective, this certification specifies numeric limits at a distance of no more than 300 feet from the active dredging area for total suspended solids (TSS), transmissivity, and turbidity. CEQA: Pursuant to the California Environmental Quality Act (CEQA), the Regional Board has independently determined that the project is categorically exempt from provisions of CEQA under Guidelines Sections 15301 "Existing Facilities," 15302 "Replacement or Reconstruction," and 15304(g) "Minor Alterations to Land" — "Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies." Certification Conditions: This 401 Certification is issued contingent upon the execution of the following conditions: 1. Notification: Prospective enrollees intending to obtain coverage under RGP-54 must notify the Regional Board at least 30 days prior to commencing work. Prospective enrollees may use the same notification as that used to notify the Corps provided it contains the information listed below. The Regional Board may disqualify a project from coverage under this Certification. In the event of disqualification, the prospective enrollee will be notified in writing within 30 days of receipt of notification. If the prospective enrollee is not contacted by the Regional Board within 30 days after mailing the notification, the prospective enrollee may proceed with the project. The minimum content of a notification includes: a. A statement that the notification is submitted pursuant to General Certification No. 302014-03 for activities subject to RGP-54, and that the prospective enrollee agrees to abide by all conditions contained herein. b. The name, address, and telephone number of: I. The prospective enrollee, and, II. The prospective enrollee's agent (if an agent is submitting the application) c. Complete identification of all federal licenses/permits being sought for or applying to the proposed activity, including: I. Federal agency(ies) II. Type III. File number(s) assigned by the federal agency(ies), if available d. Complete identification of any State -issued licenses/permits being sought for or applying to the proposed activity, including those issued by the Department of Fish and Wildlife, and the California Coastal Commission. Chris Miller, RGP-54 Renewal - 5 - July 29, 2014 302014-03 e. A complete project description, including: I. The purpose and final goal of the entire activity. II. The address (including city and county), cross -streets, or other appropriate location description, and the longitude and latitude of the project site. III. Name(s) of any receiving water body(ies) that may receive a discharge. IV. The total estimated quantity of dredge and fill. Fill discharges shall be reported in acres. Fill discharges for channels, shorelines (including bulkheads and seawalls), and other linear habitat shall also be reported in linear feet. Dredge discharges shall be reported in cubic yards. V. Disposition of dredge materials, including longitude and latitude of the disposal site(s). VI. The results of any applicable sediment characterization completed, including testing conducted by others (e.g., the City of Newport Beach), and as required by RGP-54. f. Payment by check in the amount specified for "General Orders" in the iteration of Section 2200 (a)(3)(H), Title 23 of the California Code of Regulations in effect when the Notification is submitted, made payable to the State Water Resources Control Board. Currently, this amount is $132. g. The notification must be signed by the prospective enrollee or the prospective enrollee's agent. The notification must include a statement that the submitted information is complete and accurate. 2. Point of contact: The City of Newport Beach shall serve as the primary point -of - contact for projects enrolling under RGP-54 and shall review all notifications for completeness and accuracy. Once the City has determined that the project meets the conditions of this permit, it shall forward the notification to the Regional Board. 3. Fees: The City of Newport Beach shall pay the appropriate dredging fee associated with this certification pursuant to Section 2200 (a)(3)(B), Title 23 of the California Code of Regulations ("Dredging Discharges") prior to forwarding enrollee notifications of construction activities authorized by this certification. The City shall make payment of this fee on an annual basis. The first annual payment shall be made one month after all applicable permits for this re -certification of RGP-54 have been obtained. The first annual payment shall be calculated on the basis of the maximum annual dredging volume authorized by this Certification, minus the base fee, which has already been paid. Subsequent annual payments will be based on the maximum annual dredging volume authorized minus the actual dredging volume for the previous year. Subsequent annual payments shall be made on the anniversary of the first payment. Payment shall be made at the Santa Ana Regional Water Quality Control Board payable to the State Water Resources Control Board. Chris Miller, RGP-54 Renewal - 6 - July 29, 2014 302014-03 4. Expiration: This certification expires five years after the date of its issuance. Any project begun, or in process on that date shall complete all discharges of dredge or fill within thirty days of the expiration date. 5. Structure Maintenance: Maintenance and repair of structures is allowed, but limited to "in-kind replacement." Replacement with modern materials is allowed; increase in the overwater footprint compared to the existing structure, and expansion of existing structure's size or function is not allowed. 6. Sediment Characterization: This certification is limited to areas characterized by sediment sampling and authorized for disposal at LA -3, discharge of dredged material at adjacent beach sites (for beach nourishment) or upland (U.S. EPA's suitability determinations in 2013). Certain areas will require further characterization. These areas are depicted in Figures 1, 2, 3a, 3b, and 3c. 7. Reporting: The City of Newport Beach shall forward pertinent information to the Regional Board for each dredging project undertaken under this general certification. This will include, at a minimum, sediment characterization (if any), monitoring data (if any), dredging volume, area, depth, and disposal location(s). 8. Dredge Volumes: Cumulative dredging volumes cannot exceed 75,000 cubic yards per year. Individual project dredging volumes cannot exceed 8,000 cubic yards. 9. Caulerpa taxifolia: Enrollees must conduct at least one survey for the invasive algae Caulerpa taxifolia 30 to 90 days prior to initiating a project. If Caulerpa taxifolia is discovered the enrollee must notify Regional Board staff, the California Department of Fish and Wildlife (CDFW), and/or the National Marine Fisheries Service (NMFS) within 24 hours of discovery. The enrollee may begin dredging only after implementing management measures specified by the CDFW and/or NMFS. 8. Eelgrass: Each enrollee must follow the latest Southern California Eelgrass Mitigation Policy (SCEMP) procedures established by NMFS regarding eelgrass. An eelgrass survey must be conducted within 30 to 90 days prior to the commencement of each project. The enrollee can also rely on the City's eelgrass data collected every two years to satisfy the pre -construction eelgrass survey requirement. If eelgrass is present, mitigation must be performed in accordance with SCEMP policy, and/or future NMFS-approved eelgrass plans that supersede or update this policy. New policies could include the California Eelgrass Mitigation Policy currently under development by NMFS, the Eelgrass Protection and Mitigation Plan for Shallow Waters in Lower Newport Bay currently under development by the City, or others as developed and approved by regulatory and resource agencies. The City must ensure that projects Chris Miller, RGP-54 Renewal - 7 - July 29, 2014 302014-03 requiring eelgrass mitigation have received approval from NMFS prior to forwarding the notification to the Regional Board. 9. Best Management Practices: At a minimum, the following BMPs shall be utilized: a. For projects dredging over 1,000 cubic yards, a continuous, floating silt curtain shall be deployed around active dredging areas. b. Operational BMPs such as reduction in dredging rate, modification of clamshell operation, use of favorable tidal conditions to minimize spread of turbidity plumes, and temporary suspension of dredging shall be employed as necessary. c. All materials generated from construction activities associated with this project shall be managed appropriately. This shall include identifying all potential pollution sources associated with the project, and incorporating all necessary pollution prevention BMPs for each potential pollution source identified. 10. Receiving Water Limitations: Enrollees must comply with the following applicable narrative and/or numeric objectives: a. Narrative Objectives for Physical Characteristics: Wastes associated with the dredging operation shall not violate Basin Plan narrative objectives for color, floatables, and oil and grease, including the following: I. Waste discharges shall not result in coloration of the receiving waters which causes a nuisance or adversely affects beneficial uses. II. Waste discharges shall not contain floating materials, including solids, liquids, foam or scum, which cause a nuisance or adversely affect beneficial uses. III. Waste discharges shall not result in deposition of oil, grease, wax, or other materials in concentrations which result in a visible film or in coating objects in the water, or which cause a nuisance or adversely affect beneficial uses. b. Numeric Limits for Physical/Chemical Characteristics: Enrollees must comply with the numeric receiving water limitations specified in Table 2. Data shall be collected at a distance of no more than 300 feet from the dredge footprint. The turbidity and transmittance limits in Table 2 are based on recent data collected in Lower Newport Bay' . Enrollees may use the City of Newport Beach's latest eelgrass survey to determine whether eelgrass is present within 300 feet of the project site. The transmissivity limits in Table 2 apply only if the enrollee chooses to monitor transmissivity in addition to turbidity. When the enrollee monitors both transmissivity and turbidity, compliance will ' Anchor QEA. Lower Newport Bay Water Quality Monitoring, Suspended Sediment Special Study. May18, 2012. Chris Miller, RGP-54 Renewal - 8 - July 29, 2014 302014-03 be achieved if either transmissivity or turbidity is below the respective limit shown in Table 2. Table 2: Numeric Receiving Water Limitations Parameter Receiving Water Limitation ' Eelgrass Present Within 300 feet No Eelgrass Present Within 300 feet Transmissivi 38% 16% Turbidity 16 NTU 47 NTU H PH 7<pH<8.6; < 0.2 change from ambient Dissolved Oxygen > 5 m /L 11. Minimum Monitoring Program: Enrollees must implement a monitoring program to ensure compliance with the receiving water limitations specified in Condition 10, above. Minimum requirements of the monitoring plan are listed in Table 3. The enrollee will be required to perform water quality monitoring on a daily basis during the first individual dredging project using a given type of dredging (e.g., hydraulic suction dredging or mechanical dredging) approved under RGP-54. The results of the monitoring shall be forwarded to the Regional Board as specified in Condition 7 (Reporting). If the monitoring results are within the receiving water limitations specified in Condition 10, then subsequent monitoring during individual projects will not be required if the total dredging duration will be less than two days. If dredging will extend beyond two (2) consecutive days, then monitoring will be required every other day beginning with the third day (monitoring will be required on days 3, 5, 7, etc.). Table 3: Minimum Monitoring Program Locations Monitored Constituents Frequency Less than or equal to 300 Turbidity, Every other day beginning feet from dredge footprint Dissolved Oxygen, with the third consecutive day H of dredging 12. A copy of this Certification must remain at the project site for the duration of the work and be available for inspection upon request. Chris Miller, RGP-54 Renewal - 9 - July 29, 2014 302014-03 Standard Conditions: Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section §13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the enrollee. If the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Regional Board may require the enrollee to submit a report of waste discharge and obtain Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this certification, the holder of any permit or license subject to this certification shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. Violations of the conditions of this certification may subject the enrollee to civil liability pursuant to Water Code section 13350 and/or 13385. This letter constitutes a Water Quality Standards Certification issued pursuant to Clean Water Act Section 401. 1 hereby certify that any discharge from the referenced project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017-DWQ), "General Waste Discharge Chris Miller, RGP-54 Renewal -10- 302014-03 10- 302014-03 July 29, 2014 Requirements for Dredge and Fill Discharges That Have Received Water Quality Certification" which requires compliance with all conditions of this Water Quality Standards Certification. Order No. 2003-0017-DWQ is available at: www.waterboards.ca.gov/board—decisions/adopted—orderstwater_quality/2003/wqo/wqo 2003-0017.pdf The previous certification issued for RGP-54 (SARWQCB Project No. 302012-21) will be closed to new projects on the date that this certification (SARWQCB Project No. 302014-03) becomes effective. Should there be any questions, please contact Doug Shibberu at (951) 782-7959, or Mark Adelson at (951) 782-3234. Sincerely, �t v. 6ttv Kurt V. Berchtold Executive Officer Enclosures: Figures 1, 2, 3a, 3b, and 3c cc (via electronic mail): Anchor QEA, LLC, Adam Gale SWRCB, Office of Chief Counsel — David Rice SWRCB, DWQ Water Quality Certification Unit — Bill Orme U.S. Army Corps of Engineers, Los Angeles Office — Stephen Estes U.S. Fish and Wildlife Service — Jon Avery California Department of Fish and Wildlife — Kevin Hupf :EGULATui.l' ,,' I V 16 1 1.) i i STATE OF CALIFORNIA• NATURAL RESOURCES AGENCY -�"'' r��(.�(_�t-l'''�Ji.IF� EDMUNDG BROWN 1R GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTFI COAST DISTRICT OFFICE 200 OCEANGATE, I07Ii FLOOR o �� LONG BEACH, CALIFORNIA 90802-4416 PH (562)590-5071 FAX (562) 590-5094 ; •lrlOOM Page 1 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT On June 11, 2015, the California Coastal Commission granted to City Of Newport Beach this permit subject to the attached Standard and Special conditions, for development consisting of beach replenishment of up to 75,000 cubic yards per year of suitable dredged material, including Eelgrass Protection and Mitigation Plan for celgrass impacts; as detailed in the Eelgrass Protection and Mitigation Plan dated October 15, 2015, reviewed by the Executive Director. See also: Consistency Certification CC -0002-15: Maintenance dredging around existing docks and off -shore disposal of up to 75,000 cubic yards per year of suitable dredged material, including proposed Eelgrass Protection and Mitigation Plan for eelgrass impacts; as detailed in the Regional General Permit 54 Supplement dated October 2015, reviewed by the Executive Director. More specifically described in the application filed in the Commission offices. The development is within the coastal zone at Vpper and Lower Newport Bay, Newport Beach, Orange County. Issued on behalf of the California Coastal Commission by Charles Lester Executive Director 19&AW — Zach Rehm Coastal Program Analyst ACKNOWLEDGMENT: The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: "A Public entity is not liable for injury caused by the issuance... of any permit..." applies to the issuance of this permit. Appendix C Page 2 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date: STANDARD CONDITIONS: Signature 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Final Revised Regional General Permit 54 Program. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a document, subject to the review and approval of the Executive Director, detailing the final Regional General Permit 54 program. The format of the document shall substantially conform to the preliminary program titled "Permit Application Supplement: Proposed Regional General Permit 54," submitted January 2014, and included as Exhibit 2 in the staff report dated 5/29/15, but shall be amended to reflect the following changes: A. Term of Authorization for Dredging and Ocean or Beach Disposal: Authorization to dredge and dispose of suitable material at an approved ocean or beach disposal site under this CDP/CC shall expire six (6) years from the date of issuance of the CDP/CC. Page 3 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT Requests for development under this authorization shall be submitted for review and, if authorized by the Executive Director, the development shall be completed within the six- year period. Following the review of the biennial eelgrass survey data proposed in the Eelgrass Protection and Mitigation Plan and as required by Special Condition 2, or should there be a net loss in eelgrass in the impacted areas of Newport Bay relative to the reference sites, the City, Commission staff, and other resource agency staff will work together to resolve implementation issues that were unforeseen when the RGP 54 and Eelgrass Protection and Mitigation Plan were developed. If, at any time, -the Executive Director determines that the development authorized by this CDP/CC is causing adverse impacts to habitat which are not being mitigated, the Executive Director shall notify the City and suspend commencement of and/or authorization of any further dredging and/or disposal under this CDP/CC unless and until the applicant obtains approval of an amendment to this CDP and a new consistency certification from the Commission that allows for recommencement of development pursuant to any additional terms and conditions to address the unforeseen impacts to coastal resources. B. Annual maintenance dredging shall be limited to 75,000 cubic yards (CY) of material. C. Individual dredging events shall be limited to 8,000 CY of material, Individual disposal (offshore or beach replenishment) events shall be limited to 8,000 CY of material. D. The demolition, repair and in-kind replacement of docks (including piers, gangways, floats, and piles), bulkheads, and piles with similar structures are excluded from the current Regional General Permit 54 program. These activities shall require a separate coastal development permit from the California Coastal Commission. E. The City shall submit a pre -construction notification to the Executive Director and must receive a written authorization from the Executive Director prior to any dredging or disposal event undertaken by the City or by anyone with a legal right to dredge or dispose of dredged material. The Executive Director shall notify the City within 60 days indicating whether a proposed dredging or disposal event qualifies under the confines of the Regional General Permit 54 program or whether a separate coastal development permit/federal consistency certification is required from the Commission. F. The City of Newport Beach Tidelands Administrator shall be the primary Point of Contact (POC) for applicants seeking authorization under Coastal Development Permit No. 5-14-0200 and Federal Consistency Certification No. CC -0002-15 (CDP/CC). Once the POC has determined an application meets the conditions of the subject CDP/CC, the POC will forward the application to the Executive Director of the Commission along with a written certification for the Executive Director's review and approval. The POC may submit one batch of applications to the Executive Director for review and approval once per calendar month; additional submittals per calendar month beyond the single Page 4 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT batch submitted by the POC may be authorized by the Executive Director for good cause. This certification shall include the following information: i. Certification letter from the City of Newport Beach Tidelands Administrator confirming the proposed application meets the terms and conditions of the CDP/CC, with special emphasis on the presence or absence of eelgrass. ii. Maps of the project site including location within the harbor, site address, site assessor's parcel -number, site latitude and longitude coordinates (decimal degree format), as well as to -scale drawings of the proposed action (plan view and cross- section view of proposed activity), including the boundaries of any proposed sediment dredging and/or disposal work, the location and physical dimensions of any existing docks, floats, piers, pilings and bulkheads (and general outline of same that is present on adjacent sites), the location of the bulkhead, project and pierhead lines, and the specific location of any eelgrass beds within or near the work area (based on the most recent comprehensive eelgrass survey required pursuant to Special Condition No. 2). iii. The proposed area of temporary impacts to coastal waters (in acres), proposed dredge and/or disposal quantities (in cubic yards and acres), including a detailed estimate of how much material has been dredged from or discharged onto the site through previous activities. iv. The results of an invasive algae (Caulerpa tcxrifolia) survey of the proposed dredge area taken within 30 days of the date the application is submitted. v. Photos (minimum of five) of the beach area and the low tide line (i.e., prior to any work), with special emphasis on any areas of eelgrass. vi. Evidence of California State Lands Commission approval for any work upon land that is not within the City of Newport Beach tidelands grant, which shall consist of a copy of a permit issued by the California State Lands Commission, or letter of permission, or evidence that no permit or permission is required for the development to occur at the proposed site. The City shall inform the Executive Director of any changes to the project required by the California State Lands Commission. Such changes shall not be incorporated into the project until the permittee obtains a Commission amendment to this coastal development permit or a new coastal development permit, and, if applicable, a new consistency certification unless the Executive Director determines that no amendment or new permit and consistency certification is legally required. This may be a one-time requirement so long as the approval covers the entire geographic area and time period covered under this CDP/CC. vii. Evidence of the permittee's legal ability to undertake the development on any land that is not owned in fee title by the City of Newport Beach or County of Orange or upon any land granted to the City or County pursuant to a State Tidelands grant under Page 5 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT which said grant does not specifically authorize the grantee to undertake the proposed activity which shall include written documentation demonstrating that the permittee has the legal ability to undertake the proposed development as conditioned herein. The permittee shall inform the Executive Director of any changes to the project required in obtaining such legal ability. Such changes shall not be incorporated into the project until the permittee obtains a Commission amendment to this coastal development permit and, if applicable, a new consistency certification, unless the Executive Director determines that no amendment or consistency certification is legally required.. This may be a one-time requirement so long as the approval covers the entire geographic area and time period covered under this CDP/CC. viii.Evidence of Regional Water Quality Control Board approval, which shall consist of a copy of a permit issued by the Regional Water Quality Control Board, or letter of permission, or evidence that no permit or permission is required for the development to occur at the proposed site. The City shall inform the Executive Director of any changes to the project required by the Regional Water Quality Control Board. Such changes shall not be incorporated into the project until the permittee obtains a Commission amendment to this coastal development pen -nit or a new coastal development permit and, if applicable, a new consistency certification, unless the Executive Director determines that no amendment or consistency certification is legally required. This may be a one-time requirement so long as the approval covers the entire geographic area and time period covered under this CDP/CC. G. Annual Reporting: The City of Newport Beach shall submit annual reports for the life of the subject CDP/CC to the South Coast District Office (Long Beach) of the California Coastal Commission documenting activities authorized under this coastal development permit and consistency certification. Each annual report shall include a cumulative ledger documenting all activities conducted to date under the subject CDP/CC. The annual report shall be submitted no later July 1 of each year, beginning in 2016. Annual reports from the City shall include: i. A summary of dredging operations including location (coordinates and address) of each dredging operation and areas and volumes of material dredged (in cubic yards and acres). ii. Disposal location(s)(coordinates and address) and volumes for each method used (i.e., beach disposal, LA -3, or inland site). i. An estimate of the total acreage of coastal waters impacted for each activity type. ii. Summary of any direct and indirect eelgrass impacts for each activity type, and the on-site or off-site eelgrass mitigation completed or in progress. iii. An updated, to -scale map showing the locations of all activities conducted using this coastal development permit and consistency certification to date. Page 6 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT iv. Confirmation of compliance with all special conditions, or a detailed explanation of any special conditions not complied with. The City and anyone with a legal right to dredge or dispose of dredged material shall undertake development in accordance with the approved final Regional General Permit 54 program. Any proposed changes to the approved final program shall be reported to the Executive Director. No changes to the approved final program shall occur without a Commission amendment to this coastal development permit (and, if applicable, a new consistency certification) unless the Executive Director determines that no amendment is legally required. 2. Final Revised Eelgrass Protection and Mitigation Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a document, subject to the review and approval of the Executive Director, detailing the final Eelgrass Protection and Mitigation Plan. The format of the document shall substantially conform to the preliminary plan most recently updated March 2015 and included as Exhibit 3 in the staff report dated 5/29/15, but shall be amended to reflect the following changes: A. Term of Authorization and Requirement for Eelgrass Monitoring and Biennial Surveys: During the six (6) year period for which the applicant is authorized to dredge and dispose of suitable material at an approved ocean or beach disposal site under this CDP/CC (subject to the requirements of Special Condition 1), the applicant shall conduct a minimum of three (3) comprehensive eelgrass surveys of the Plan Area as specified in the Eelgrass Protection and Mitigation PIan. The first and the third of these surveys shall not be limited to the areas where dredging and beach replenishment are permitted under this permit, but shall cover the entire Newport Harbor. The surveys shall occur once every two years, beginning no later than one year after the issuance of this permit, unless the Executive Director grants additional time for good cause. B. If invasive algae (caulerpa taxifolia) are found within the Plan Area, the City and anyone with a legal right to dredge or dispose of dredged material shall immediately (within 5 days) report it to the Executive Director, the National Marine Fisheries Service, and the Surveillance Subcommittee of the Southern California Caulerpa Action Team. The City and anyone with a legal right to dredge or dispose of dredged material shall not proceed with any dredging or disposal of dredged material in the Plan Area until the City has provided evidence to the Executive Director that all Caulerpa taxifolia discovered within the Plan Area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act. C. The demolition, repair and in-kind replacement of docks (including piers, gangways, floats, and piles), bulkheads, and piles with similar structures is excluded from the current approved Regional General Permit 54 program. These activities shall require a separate coastal development permit from the California Coastal Commission. Page 7 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT D. If eelgrass was present within a dredging footprint during the previous biennial survey, its presence at the time of dredging must be assumed and the size of the presumed eelgrass loss documented. That area shall be examined specifically during all following biennial surveys and the distribution and cover of eelgrass documented to determine recovery time. E. Restoration undertaken by the City and Orange County Coastkeeper (with funding front the City) under Tier 1 and Tier 2, and restoration undertaken by dock owners under Tier 2, shall be documented and reported annually, including time and duration of restoration activities and types of activities undertaken. If Orange County Coastkeeper restoration activities are funded through sources in addition to the City, annual reporting shall document these additional funds and sources and include an estimate of the proportion of total restoration that can be attributed entirely to funding provided by the City. The annual reports shall also evaluate the success of the restoration in terms of eelgrass bed size, cover, and turion density. F. The City shall submit an annual evaluation of the RGP 54 and Eelgrass Protection and Mitigation Plan which shall include: (a) estimates of the time required for eelgrass recovery with and without on-site restoration activities, (b) estimates of the total temporal loss of eelgrass due to dredging (acres and acre -years), (c) estimates of the total area of off-site eelgrass restoration accomplished, and (d) the net mitigation accomplished. G. This CDP/CC does not permit eelgrass impacts as a result of beach replenishment or disposal of dredged material in front of an existing bulkhead. If an unexpected impact to eelgrass occurs during disposal of dredged material, such impact shall be documented and reported to the Executive Director in the same manner that dredging impacts on eelgrass are documented and reported. If an impact was detected (as defined above), the report will include a summary of how the California Eelgrass Mitigation Policy will be complied with. Implementation of mitigation shall require a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. The following implementation measures shall be applied: i. If eelgrass was present within 15 feet (in any direction) of a potential dredged material disposal site (in any direction) at the time of the most recent comprehensive eelgrass survey, that site shall be assumed to support eelgrass and cannot be used as a disposal site; ii. If eelgrass was present between 15-30 feet from a potential dredged material disposal site (in any direction) at the time of the more recent comprehensive eelgrass survey, then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. Monitoring shall consist of pre- and post - project transects placed perpendicular to the shoreline and spaced five feet apart which map the eelgrass bed. Enough transects shall be used to extend the Iength of the project footprint. Along each transect, the extent of eelgrass shall be measured. Page 8 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT Any decrease in eelgrass extent along any transect (pre -project vs. post -project) will constitute an impact. The pre -project transects shall be conducted no sooner than 60 days prior to the start of dredging and the post -project transects shall be conducted no later than 30 days following the completion of dredging. Should the monitoring identify an impact to a mapped eelgrass bed as a result of beach replenishment disposal of dredged material in front of an existing bulkhead, then mitigation consistent with the provisions of the California Eelgrass Mitigation Policy shall apply. An eelgrass monitoring report shall be submitted to the Army Corps of Engineers, National Marine Fisheries Service, and California Coastal Commission no later than 90 days following completion of disposal of dredged material on a beach or in front of an existing bulkhead(s). The City and anyone with a legal right to dredge or dispose of dredged material shall undertake development in accordance with the approved final Eelgrass Protection and Mitigation Plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit and new consistency certification unless the Executive Director detennines that no amendment and consistency certification is legally required. Construction and Operational Best Management Practices. In order to minimize adverse environmental impacts and the unpermitted deposition, spill or discharge of any liquid or solid into the sea, the applicant and anyone with a legal right to dredge or dispose of dredged material subject to the program and plan approved by this CDP/CC shall implement the following construction - related and operational best management practices (BMPs), in addition to those construction best management proposed by the applicant's preliminary program titled "Permit Application Supplement: Proposed Regional General Permit 54," submitted January 2014, and included as Exhibit 2 in the staff report dated 5/29/15 and the applicant's Eelgrass Protection and Mitigation Plan most recently updated March 2015 and included as Exhibit 3 in the staff report dated 5/29/15: A. No construction materials, debris, waste, oil or liquid chemicals shall be placed or stored where it may be subject to wave erosion and dispersion, stormwater, or where it may contribute to or come into contact with nuisance flow. B. Any and all debris resulting from construction activities shall be removed from the site within 10 days of completion of construction. C. No machinery or construction materials not essential for project implementation shall be allowed at any time in the intertidal zone or in the harbor. D. Sediment for beach replenishment shall be placed, not dumped, using means to minimize disturbance to bay sediments and to minimize turbidity. E. If turbid conditions are generated during construction a silt curtain shall be utilized to minimize and control turbidity to the maximum extent practicable. Page 9 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT F. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. G. All debris and trash shall be disposed of in the proper trash and recycling receptacles at the end of each construction day H. The discharge of any hazardous materials into the harbor or any receiving waters shall be prohibited. I. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. J. Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. K. Prior to commencement of any activity authorized under this CDP/CC, the boundaries of any eelgrass meadow within 30 feet of the activity shall be marked with buoys so that equipment and vessel operators avoid damage to eelgrass meadows. L. Barges and other vessels shall be anchored a minimum of 15 feet from any eelgrass bed. Anchors and anchor chains shall not encroach into any eelgrass bed. M. Barges and other vessels shall avoid transit over any eelgrass meadow to the maximum extent practicable. Where transit over eelgrass beds is unavoidable such transit shall only occur during high tides when grounding and potential damage to eelgrass can be avoided. The applicant and anyone with a legal right to dredge or dispose of dredged material subject to the program and plan approved by this CDP/CC shall include the requirements of this condition (including those BMPs proposed in the Regional General Permit 54 and the Eelgrass Protection and Mitigation Plan) on all plans and contracts issued for development subject to program and plan approved by this CDP/CC. 4. Dredging and Dredged Material Disposal Requirements. For this CDP/CC, the term dredging operations shall mean navigation of the dredging vessel at the dredging site, excavation of dredged material within the project boundaries, and placement of dredged material into a hopper dredge or disposal barge or scow. The following requirements shall apply, in addition to those proposed by the applicant's preliminary program titled "Permit Application Supplement: Proposed Regional General Permit 54," submitted January 2014, and included as Exhibit 2 in the staff report dated 5/29/15 and the applicant's Eelgrass Protection and Mitigation Plan most recently updated March 2015 and included as Exhibit 3 in the staff report dated 5/29/15: I. Dredging Activities. Page 10 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT A. Under this CDP/CC, dredging operations are limited to -10 feet MLLW with a 2 -foot allowable overdraft (1 foot paid, 1 foot unpaid). B. Sediment Testing Requirements. The pennittee is prohibited from dredging and disposing material in coastal waters that has not been tested and determined by the Commission, in consultation with the Army Corps of Engineers and with the Environmental Protection Agency Region IX (EPA), to be both clean and suitable for ocean disposal or beach replenishment. Prior to each dredging episode at each individual dredgi:ig location and prior to beach replenishment at each replenishment location, the permittee shall sample the material to be dredged and any beach -receiver location for the purpose of determining the physical characteristics of the material. Testing shall be performed consistent with procedures defined in: "Procedures for Handling and Chemical Analysis of Sediment and Water Samples," by Russell H. Plumb (1981), Corps Technical Report EPA/CE-81-1, pages 3-28 to 3-47. The grain size test shall be conducted on a composite of at least one core per one-quarter (1/4) acre area to be dredged and/or at least one core per site for each project, as well as at least one core per receiver beach location. The core depth shall be equivalent to the proposed dredging depth plus any over -dredging. Grain size data shall be reported to the nearest I% for sand, silt, and clay consistent with procedures defined in: "Procedures for Handling and Chemical Analysis of Sediment and Water Samples," by Russell H. Plumb (1981), Corps Technical Report EPA/CE-81-1, pages 3-28 to 3- 47. C. At least 60 calendar days before initiation of any dredging operations authorized by this permit, the permittee shall send a dredging and disposal operations plan to the Corps, EPA, and CCC with the following information: i. A list of the names, addresses and telephone numbers of the permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site. ii. A list of all vessels, major dredging equipment and electronic positioning systems or navigation equipment that will be used for dredging and disposal operations, including the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow to assure compliance with special conditions on dredging and disposal operations. iii. A detailed description of the dredging and disposal operations authorized by this permit. Description of the dredging and disposal operations should include, at a minimum: Page I 1 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT a. Dredging and disposal procedures for the dredged material determined by the Corps and EPA Region IX to be unsuitable for ocean disposal. b. Dredging and disposal procedures for the material to be dredged from the proposed site. c. A schedule showing when the dredging project is planned to begin and end. iv. A pre -dredging bathymetric condition survey, taken within 30 days of the dredge start date. The survey may be taken via lead line, sounding disc, or sounding pole techniques according to Chapter 8 (Manual Depth - Measurement Techniques) from the Corps Engineering and Design - Hydrographic Surveying manual (EM 1110-2-1003, published 01 Jan 2002). Each individual project survey using this method will include a minimum of three sounding points (adjusted for tide) per individual dock. The pre -dredge survey shall be accurate to 0.5 -foot with the exact location of all soundings clearly defined on the survey chart. The pre -dredge survey chart shall be prepared showing the following information: a. The entire dredging area, the toe and top of all side -slopes and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre -dredge condition survey should cover an area at least 50 feet outside the top of the side -slope or the boundary of the dredging area, unless obstructions are encountered. b. The dredging design depth, overdredge depth and the side -slope ratio. c. The total quantity of dredged material to be removed from the dredging areas and the side -slope areas. d. Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and overdredge depth shall be shaded yellow, and areas below overdredge depth that will not be dredged shall be shaded blue. If these areas are not clearly shown, the Corps may request additional information. e. The pre -dredging survey chart shall be signed by the permittee to certify that the data are accurate and that the survey was completed within 30 days of the proposed dredging start date. f. A debris management plan to prevent disposal of large debris at all disposal locations. The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods. D. The permittee shall not commence individual dredging operations unless and until the permittee receives a written authorization to proceed from the Executive Director of the Commission to commence work, subject to the terms of Special Condition 1(F). Page 12 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT E. The City shall require applicants to submit a post -dredging completion report, which shall be compiled by the City and submitted to the Executive Director in an annual report. The report shall include all information collected by the permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the special conditions of this permit. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: v. Permit and project number. vi. Start date and completion date of dredging and disposal operations. vii. Total cubic yards disposed -at the authorized disposal site(s). viii.Mode of dredging. ix. Mode of transportation. x. Form of dredged material. xi. Frequency of disposal and plots of all trips to the authorized disposal site(s). xii. Tug boat or other disposal vessel logs documenting contact with the USCG before each trip to the authorized ocean disposal site. xiii.Percent sand, silt and clay in dredged material: for this CDP/CC only, see sediment testing requirements above. xiv.A certified report from the dredging site inspector indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. xv. Pre -dredging hydrographic survey. xvi. A detailed post -dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the predredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post -dredging survey shall be the same methods used in the predredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate. Beach disposal (beach replenishment) A. Beach disposal (replenishment) shall be the preferred disposal method under the program. All sediment removed from the harbor which is suitable for beach replenishment (subject to the following testing and disposal requirements) shall be disposed of on beaches in front of bulkheads and at street end beaches throughout the bay, subject to the approval of the landowner, Tidelands administrator, and the Executive Director. B. Grain Size Criteria: Material utilized for beach replenishment shall have a sand content that is either i) greater than 80% sand; or ii) at least 75% sand and within 10% of the sand content of the receiver beach. Any material that meets the requirements Page 13 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT outlined above for beach replenishment and consists of less than 80% sand shall only be placed upon submerged beach areas (i.e. below the water line). C. Prior to commencement of beach replenishment at a site, the results of each sampling episode and beach replenishment compatibility test described in Section I above shall be submitted for the review and approval of the Executive Director. Dredged material deemed suitable for beach replenishment may be deposited at the approved deposition sites only after the Executive Director has concurred with a City determination that the materials to be dredged have been deemed "suitable" using the standards in these special conditions. All dredged material deemed "unsuitable" for beach replenishment shall be disposed of at an approved location according to all federal, state and local regulations. If the disposal site is not within an approved ocean disposal site as identified in section II but is located in the coastal zone, a separate coastal development permit application shall be filed for the disposal of the "unsuitable" material. All contracts involving the subject project shall include the above stated condition of approval. D. In no case will beach disposal be authorized with material dredged below the sediment testing characterization depth for any particular site. E. A detailed description of the transport and discharge operations authorized by this permit will be submitted to the Executive Director of the Commission for review and approval at least 60 calendar days prior to work in coastal waters. Description of the transport and discharge operations shall include: i. Transport and discharge procedures for all sediment, including all material unsuitable for beach replenishment discharge. ii. A schedule showing when the beach replenishment project is planned to begin and end, iii. A debris management plan to prevent disposal of large debris at all beach discharge locations. The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods. iv. The volume of material to be excavated and discharged. v. A list of previous discharges by site, date, and volume, as well as the total volume of material which has been excavated and discharged to date using this CDP/CC. F. The City must submit a pre -construction notification and must receive a written authorization to proceed from the Executive Director of the Commission before the permittee may commence any work. G. The permittee shall send one copy of a beach disposal post -discharge report to the Executive Director documenting compliance with all general and special conditions defined in this permit. The post -discharge report shall be sent within 30 calendar days Page 14 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT after completion of the discharge operations authorized in this permit. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit shall be explained in detail. The report shall include: i. CDP/CC number. ii. Identify source of material. iii. Total cubic yards disposed at each beach disposal, site. iv. Modes of transportation and discharge. v. Actual start date and completion date of transport and discharge operations. H. The permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter coastal waters due to beach replenishment operations. Sediment for beach replenishment shall be placed, not dumped, using means to minimize disturbance to bay sediments and to minimize turbidity. If turbid conditions are generated during construction a silt curtain shall be utilized to minimize and control turbidity to the maximum extent practicable. I. The permittee will establish a safety flag perimeter of the beach replenishment area during disposal activities, and monitor the premises to protect the general public from construction hazards and equipment. J. No maintenance, storage, or fueling of heavy tracked equipment or vehicles will occur within 500 feet of the high tide line of waters of the United States. II. Offshore (ocean) disposal A. All of the sediments dredged from within the Plan Area that are deemed unsuitable for beach replenishment are suitable for ocean disposal, with the exceptions as identified in the RGP 54 program. B. Prior to commencement of ocean disposal, the results of each sampling episode described in Section I(B) above shall be submitted for the review and approval of the Executive Director. Dredged material deemed unsuitable for beach disposal/replenishment may be deposited at the approved ocean disposal sites only after the Executive Director has concurred with a City determination that the materials to be dredged have been deemed unsuitable for beach replenishment and are suitable for ocean disposal using the standards in these special conditions. All dredged material deemed unsuitable for beach replenishment shall be disposed of at an approved location according to all federal, state and local regulations. If the disposal site is not located at an approved ocean disposal site and is located in the coastal zone, a separate coastal development permit application shall be filed for the disposal of the material. All contracts involving the subject project shall include the above stated condition of approval. Page 15 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT C. For this permit, the phrase 'ocean disposal operations" shall mean: the transportation of dredged material from the dredging site to the ocean disposal site, proper disposal of dredged material at the central disposal area within the ocean disposal site, and transportation of the hopper dredge or disposal barge or scow back to the dredging site. D. The approved ocean disposal site is LA -3, effective October 2005: 33 degrees 31.00 minutes North Latitude, 117 degrees 53.30 minutes West Longitude (NAD 1983), circular site with radius of 3,000 feet. E. In no case will offshore (ocean) or beach disposal be authorized for material dredged below the sediment testing characterization depth for any particular site. F. No more than 8,000 cubic yards of dredged material excavated for an individual dredging project authorized under this CDP/CC are authorized for disposal at the LA - 3 ocean disposal site. G. The permittee shall ensure dredged material is not leaked or spilled from the disposal vessel(s) during transit to the ocean disposal site. The permittee shall transport dredged material to the ocean disposal site only when weather and sea state conditions will not interfere with safe transportation and will not create risk of spillage, leak or other loss of dredged material during transit. No disposal vessel trips shall be initiated when the National Weather Service has issued a gale warning for local waters during the time period necessary to complete disposal operations. I1I. Inland disposal A. If neither offshore disposal not beach disposal are available for an individual project proposed under this CDP/CC, material may be disposed of at an inland facility, subject to the review and approval of the Executive Director. If the disposal site is located in the coastal zone, a separate coastal development permit application shall be filed for the disposal of the material Final Report and Eelgrass Mitigation Requirement at End of Six -Year Trial Period. The final report for the six-year trial period of the Regional General Permit 54 program and Eelgrass Protection and Mitigation Plan shall assess the net effect of dredging and restoration activities on the presence of eelgrass within the Plan Area in the context of natural trends. The City, using the biennial survey data and reference sites within the Plan Area that have not been affected by maintenance dredging or replenishment, shall report on the trends in eelgrass abundance over the permit period. Should reference sites indicate a decline in overall eelgrass abundance at the end of six years, the City, the California Coastal Commission, the California Department of Fish and Wildlife, and the National Marine Fisheries Service will evaluate the causes of such decline and use that information in assessing the success of restoration efforts undertaken by the City during the period of the Plan. Page 16 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT During Tier 3, applicants would be required to provide mitigation pursuant to the California Eelgrass Mitigation Policy including meeting the success criteria after five years based on applicant sponsored annual monitoring. The City would not be responsible for providing additional mitigation during Tier 3 years for any shortcomings presented in the six-year summary report. Any changes to the eelgrass in the Plan Area will be compared to reference sites using procedures adopted in the California Eelgrass Mitigation Policy or the San Onofre Nuclear Generating Station mitigation to be described in the Final Plan. If, relative to the reference sites, there is a net loss in eelgrass in the impacted areas of Newport Bay at the end of the six years, the City, the California Coastal Commission, and the National Marine Fisheries Service will evaluate the success of the mitigation efforts by the City and by dock owners throughout the bay. If, through these discussions, the Executive Director determines that there is a shortfall in the necessary mitigation to offset temporal or permanent losses of eelgrass, a revised Eelgrass Mitigation and Monitoring Plan shall be prepared by the City to provide the necessary additional eelgrass mitigation. The revised Eelgrass Mitigation and Monitoring Plan shall require separate review and approval by the Commission through the regular coastal development permit/consistency certification process. 6. Conformance with the Requirements of the Resource Agencies. The applicant shall comply with all permit requirements and mitigation measures of the National Marine Fisheries Service, the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, the Environmental Protection Agency, the California Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service with respect to preservation and protection of water quality and the marine environment. Any changes to the approved project which are required by the above - stated agencies shall be submitted to the Executive Director in order to determine if the proposed change shall require a permit amendment pursuant to the requirements of the Coastal Act and the California Code of Regulations. 7. Assumption of Risk, Waiver of Liability, and Indemnity. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from slope instability, erosion, landslides and wave uprush, storm conditions, and sea level rise; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, 1R., GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 200 OCEA.NGATE, IOTH FLOOR LONG BEACH, CALIFORNIA 90802-4416 PH (562) 590-5071 FAX (562) 590-5084 W W W_COASTAL.CA.GOV Page 1 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT On June 11, 2015, the California Coastal Commission granted to City Of Newport Beach this permit subject to the attached Standard and Special conditions, for development consisting of beach replenishment of up to 75,000 cubic yards per year of suitable dredged material, including Eelgrass Protection and Mitigation Plan for eelgrass impacts; as detailed in the Eelgrass Protection and Mitigation Plan dated October 15, 2015, reviewed by the Executive Director. See also: Consistency Certification CC -0002-15: Maintenance dredging around existing docks and off -shore disposal of up to 75,000 cubic yards per year of suitable dredged material, including proposed Eelgrass Protection and Mitigation Plan for eelgrass impacts; as detailed in the Regional General Permit 54 Supplement dated October 2015, reviewed by the Executive Director. More specifically described in the application filed in the Commission offices. The development is within the coastal zone at Upper and Lower Newport Bay, Newport Beach, Orange County. Issued on behalf of the California Coastal Commission by Charles Lester Executive Director Zach Rehm Coastal Program Analyst ACKNOWLEDGMENT: The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: "A Public entity is not liable for injury caused by the issuance... of any permit..." applies to the issuance of this permit. Page 2 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date: 11 �6l / Signature �/' ff STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: Final Revised Regional General Permit 54 Program. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a document, subject to the review and approval of the Executive Director, detailing the final Regional General Permit 54 program. The format of the document shall substantially conform to the preliminary program titled "Permit Application Supplement: Proposed Regional General Permit 54," submitted January 2014, and included as Exhibit 2 in the staff report dated 5/29/15, but shall be amended to reflect the following changes: A. Term of Authorization for Dredging and Ocean or Beach Disposal: Authorization to dredge and dispose of suitable material at an approved ocean or beach disposal site under this CDP/CC shall expire six (6) years from the date of issuance of the CDP/CC. Page 3 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT Requests for development under this authorization shall be submitted for review and, if authorized by the Executive Director, the development shall be completed within the six- year period. Following the review of the biennial eelgrass survey data proposed in the Eelgrass Protection and Mitigation Plan and as required by Special Condition 2, or should there be a net loss in eelgrass in the impacted areas of Newport Bay relative to the reference sites, the City, Commission staff, and other resource agency staff will work together to resolve implementation issues that were unforeseen when the RGP 54 and Eelgrass Protection and Mitigation Plan were developed. If, at any time, the Executive Director determines that the development authorized by this CDP/CC is causing adverse impacts to habitat which are not being mitigated, the Executive Director shall notify the City and suspend commencement of and/or authorization of any further dredging and/or disposal under this CDP/CC unless and until the applicant obtains approval of an amendment to this CDP and a new consistency certification from the Commission that allows for recommencement of development pursuant to any additional terms and conditions to address the unforeseen impacts to coastal resources. B. Annual maintenance dredging shall be limited to 75,000 cubic yards (CY) of material. C. Individual dredging events shall be limited to 8,000 CY of material. Individual disposal (offshore or beach replenishment) events shall be limited to 8,000 CY of material. D. The demolition, repair and in-kind replacement of docks (including piers, gangways, floats, and piles), bulkheads, and piles with similar structures are excluded from the current Regional General Permit 54 program. These activities shall require a separate coastal development permit from the California Coastal Commission. E. The City shall submit a pre -construction notification to the Executive Director and must receive a written authorization from the Executive Director prior to any dredging or disposal event undertaken by the City or by anyone with a legal right to dredge or dispose of dredged material. The Executive Director shall notify the City within 60 days indicating whether a proposed dredging or disposal event qualifies under the confines of the Regional General Permit 54 program or whether a separate coastal development permit/federal consistency certification is required from the Commission. F. The City of Newport Beach Tidelands Administrator shall be the primary Point of Contact (POC) for applicants seeking authorization under Coastal Development Permit No. 5-14-0200 and Federal Consistency Certification No. CC -0002-15 (CDP/CC). Once the POC has determined an application meets the conditions of the subject CDP/CC, the POC will forward the application to the Executive Director of the Commission along with a written certification for the Executive Director's review and approval. The POC may submit one batch of applications to the Executive Director for review and approval once per calendar month; additional submittals per calendar month beyond the single Page 4 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT batch submitted by the POC may be authorized by the Executive Director for good cause. This certification shall include the following information: i. Certification letter from the City of Newport Beach Tidelands Administrator confirming the proposed application meets the terms and conditions of the CDP/CC, with special emphasis on the presence or absence of eelgrass. ii. Maps of the project site including location within the harbor, site address, site assessor's parcel number, site latitude and longitude coordinates (decimal degree format), as well as to -scale drawings of the proposed action (plan view and cross- section view of proposed activity), including the boundaries of any proposed sediment dredging and/or disposal work, the location and physical dimensions of any existing docks, floats, piers, pilings and bulkheads (and general outline of same that is present on adjacent sites), the location of the bulkhead, project and pierhead lines, and the specific location of any eelgrass beds within or near the work area (based on the most recent comprehensive eelgrass survey required pursuant to Special Condition No. 2). iii. The proposed area of temporary impacts to coastal waters (in acres), proposed dredge and/or disposal quantities (in cubic yards and acres), including a detailed estimate of how much material has been dredged from or discharged onto the site through previous activities. iv. The results of an invasive algae (Caulerpa taxifolia) survey of the proposed dredge area taken within 30 days of the date the application is submitted. v. Photos (minimum of five) of the beach area and the low tide line (i.e., prior to any work), with special emphasis on any areas of eelgrass. vi. Evidence of California State Lands Commission approval for any work upon land that is not within the City of Newport Beach tidelands grant, which shall consist of a copy of a permit issued by the California State Lands Commission, or letter of permission, or evidence that no permit or permission is required for the development to occur at the proposed site. The City shall inform the Executive Director of any changes to the project required by the California State Lands Commission. Such changes shall not be incorporated into the project until the permittee obtains a Commission amendment to this coastal development permit or a new coastal development permit, and, if applicable, a new consistency certification unless the Executive Director determines that no amendment or new permit and consistency certification is legally required. This may be a one-time requirement so long as the approval covers the entire geographic area and time period covered under this CDP/CC. vii. Evidence of the permittee's legal ability to undertake the development on any land that is not owned in fee title by the City of Newport Beach or County of Orange or upon any land granted to the City or County pursuant to a State Tidelands grant under Page 5 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT which said grant does not specifically authorize the grantee to undertake the proposed activity which shall include written documentation demonstrating that the permittee has the legal ability to undertake the proposed development as conditioned herein. The permittee shall inform the Executive Director of any changes to the project required in obtaining such legal ability. Such changes shall not be incorporated into the project until the permittee obtains a Commission amendment to this coastal development permit and, if applicable, a new consistency certification, unless the Executive Director determines that no amendment or consistency certification is legally required.. This may be a one-time requirement so long as the approval covers the entire geographic area and time period covered under this CDP/CC. viii.Evidence of Regional Water Quality Control Board approval, which shall consist of a copy of a permit issued by the Regional Water Quality Control Board, or letter of permission, or evidence that no permit or permission is required for the development to occur at the proposed site. The City shall inform the Executive Director of any changes to the project required by the Regional Water Quality Control Board. Such changes shall not be incorporated into the project until the permittee obtains a Commission amendment to this coastal development permit or a new coastal development permit and, if applicable, a new consistency certification, unless the Executive Director determines that no amendment or consistency certification is legally required. This may be a one-time requirement so long as the approval covers the entire geographic area and time period covered under this CDP/CC. G. Annual Reporting: The City of Newport Beach shall submit annual reports for the life of the subject CDP/CC to the South Coast District Office (Long Beach) of the California Coastal Commission documenting activities authorized under this coastal development permit and consistency certification. Each annual report shall include a cumulative ledger documenting all activities conducted to date under the subject CDP/CC. The annual report shall be submitted no later July 1 of each year, beginning in 2016. Annual reports from the City shall include: i. A summary of dredging operations including location (coordinates and address) of each dredging operation and areas and volumes of material dredged (in cubic yards and acres). ii. Disposal location(s)(coordinates and address) and volumes for each method used (i.e., beach disposal, LA -3, or inland site). i. An estimate of the total acreage of coastal waters impacted for each activity type. ii. Summary of any direct and indirect eelgrass impacts for each activity type, and the on-site or off-site eelgrass mitigation completed or in progress. iii. An updated, to -scale map showing the locations of all activities conducted using this coastal development permit and consistency certification to date. Page 6 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT iv. Confirmation of compliance with all special conditions, or a detailed explanation of any special conditions not complied with. The City and anyone with a legal right to dredge or dispose of dredged material shall undertake development in accordance with the approved final Regional General Permit 54 program. Any proposed changes to the approved final program shall be reported to the Executive Director. No changes to the approved final program shall occur without a Commission amendment to this coastal development permit (and, if applicable, a new consistency certification) unless the Executive Director determines that no amendment is legally required. 2. Final Revised Eelgrass Protection and Mitigation Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a document, subject to the review and approval of the Executive Director, detailing the final Eelgrass Protection and Mitigation Plan. The format of the document shall substantially conform to the preliminary plan most recently updated March 2015 and included as Exhibit 3 in the staff report dated 5/29/15, but shall be amended to reflect the following changes: A. Term of Authorization and Requirement for Eelgrass Monitoring and Biennial Surveys: During the six (6) year period for which the applicant is authorized to dredge and dispose of suitable material at an approved ocean or beach disposal site under this CDP/CC (subject to the requirements of Special Condition 1), the applicant shall conduct a minimum of three (3) comprehensive eelgrass surveys of the Plan Area as specified in the Eelgrass Protection and Mitigation Plan. The first and the third of these surveys shall not be limited to the areas where dredging and beach replenishment are permitted under this permit, but shall cover the entire Newport Harbor. The surveys shall occur once every two years, beginning no later than one year after the issuance of this permit, unless the Executive Director grants additional time for good cause. B. If invasive algae (caulerpa taxifolia) are found within the Plan Area, the City and anyone with a legal right to dredge or dispose of dredged material shall immediately (within 5 days) report it to the Executive Director, the National Marine Fisheries Service, and the Surveillance Subcommittee of the Southern California Caulerpa Action Team. The City and anyone with a legal right to dredge or dispose of dredged material shall not proceed with any dredging or disposal of dredged material in the Plan Area until the City has provided evidence to the Executive Director that all Caulerpa taxifolia discovered within the Plan Area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act. C. The demolition, repair and in-kind replacement of docks (including piers, gangways, floats, and piles), bulkheads, and piles with similar structures is excluded from the current approved Regional General Permit 54 program. These activities shall require a separate coastal development permit from the California Coastal Commission. Page 7 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT D. If eelgrass was present within a dredging footprint during the previous biennial survey, its presence at the time of dredging must be assumed and the size of the presumed eelgrass loss documented. That area shall be examined specifically during all following biennial surveys and the distribution and cover of eelgrass documented to determine recovery time. E. Restoration undertaken by the City and Orange County Coastkeeper (with funding from the City) under Tier 1 and Tier 2, and restoration undertaken by dock owners under Tier 2, shall be documented and reported annually, including time and duration of restoration activities and types of activities undertaken. If Orange County Coastkeeper restoration activities are funded through sources in addition to the City, annual reporting shall document these additional funds and sources and include an estimate of the proportion of total restoration that can be attributed entirely to funding provided by the City. The annual reports shall also evaluate the success of the restoration in terms of eelgrass bed size, cover, and turion density. F. The City shall submit an annual evaluation of the RGP 54 and Eelgrass Protection and Mitigation Plan which shall include: (a) estimates of the time required for eelgrass recovery with and without on-site restoration activities, (b) estimates of the total temporal loss of eelgrass due to dredging (acres and acre -years), (c) estimates of the total area of off-site eelgrass restoration accomplished, and (d) the net mitigation accomplished. G. This CDP/CC does not permit eelgrass impacts as a result of beach replenishment or disposal of dredged material in front of an existing bulkhead. If an unexpected impact to eelgrass occurs during disposal of dredged material, such impact shall be documented and reported to the Executive Director in the same manner that dredging impacts on eelgrass are documented and reported. If an impact was detected (as defined above), the report will include a summary of how the California Eelgrass Mitigation Policy will be complied with. Implementation of mitigation shall require a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. The following implementation measures shall be applied: i. If eelgrass was present within 15 feet (in any direction) of a potential dredged material disposal site (in any direction) at the time of the most recent comprehensive eelgrass survey, that site shall be assumed to support eelgrass and cannot be used as a disposal site; ii. If eelgrass was present between 15-30 feet from a potential dredged material disposal site (in any direction) at the time of the more recent comprehensive eelgrass survey, then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. Monitoring shall consist of pre- and post - project transects placed perpendicular to the shoreline and spaced five feet apart which map the eelgrass bed. Enough transects shall be used to extend the length of the project footprint. Along each transect, the extent of eelgrass shall be measured. Page 8 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT Any decrease in eelgrass extent along any transect (pre -project vs. post -project) will constitute an impact. The pre -project transects shall be conducted no sooner than 60 days prior to the start of dredging and the post -project transects shall be conducted no later than 30 days following the completion of dredging. Should the monitoring identify an impact to a mapped eelgrass bed as a result of beach replenishment disposal of dredged material in front of an existing bulkhead, then mitigation consistent with the provisions of the California Eelgrass Mitigation Policy shall apply. An eelgrass monitoring report shall be submitted to the Army Corps of Engineers, National Marine Fisheries Service, and California Coastal Commission no later than 90 days following completion of disposal of dredged material on a beach or in front of an existing bulkhead(s). The City and anyone with a legal right to dredge or dispose of dredged material shall undertake development in accordance with the approved final Eelgrass Protection and Mitigation Plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit and new consistency certification unless the Executive Director determines that no amendment and consistency certification is legally required. 3. Construction and Operational Best Management Practices. In order to minimize adverse environmental impacts and the unpermitted deposition, spill or discharge of any liquid or solid into the sea, the applicant and anyone with a legal right to dredge or dispose of dredged material subject to the program and plan approved by this CDP/CC shall implement the following construction - related and operational best management practices (BMPs), in addition to those construction best management proposed by the applicant's preliminary program titled "Permit Application Supplement: Proposed Regional General Permit 54," submitted January 2014, and included as Exhibit 2 in the staff report dated 5/29/15 and the applicant's Eelgrass Protection and Mitigation Plan most recently updated March 2015 and included as Exhibit 3 in the staff report dated 5/29/15: A. No construction materials, debris, waste, oil or liquid chemicals shall be placed or stored where it may be subject to wave erosion and dispersion, stormwater, or where it may contribute to or come into contact with nuisance flow. B. Any and all debris resulting from construction activities shall be removed from the site within 10 days of completion of construction. C. No machinery or construction materials not essential for project implementation shall be allowed at any time in the intertidal zone or in the harbor. D. Sediment for beach replenishment shall be placed, not dumped, using means to minimize disturbance to bay sediments and to minimize turbidity. E. If turbid conditions are generated during construction a silt curtain shall be utilized to minimize and control turbidity to the maximum extent practicable. Page 9 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT F. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. G. All debris and trash shall be disposed of in the proper trash and recycling receptacles at the end of each construction day H. The discharge of any hazardous materials into the harbor or any receiving waters shall be prohibited. I. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. J. Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. K. Prior to commencement of any activity authorized under this CDP/CC, the boundaries of any eelgrass meadow within 30 feet of the activity shall be marked with buoys so that equipment and vessel operators avoid damage to eelgrass meadows. L. Barges and other vessels shall be anchored a minimum of 15 feet from any eelgrass bed. Anchors and anchor chains shall not encroach into any eelgrass bed. M. Barges and other vessels shall avoid transit over any eelgrass meadow to the maximum extent practicable. Where transit over eelgrass beds is unavoidable such transit shall only occur during high tides when grounding and potential damage to eelgrass can be avoided. The applicant and anyone with a legal right to dredge or dispose of dredged material subject to the program and plan approved by this CDP/CC shall include the requirements of this condition (including those BMPs proposed in the Regional General Permit 54 and the Eelgrass Protection and Mitigation Plan) on all plans and contracts issued for development subject to program and plan approved by this CDP/CC. 4. Dredging and Dredged Material Disposal Requirements. For this CDP/CC, the term dredging operations shall mean navigation of the dredging vessel at the dredging site, excavation of dredged material within the project boundaries, and placement of dredged material into a hopper dredge or disposal barge or scow. The following requirements shall apply, in addition to those proposed by the applicant's preliminary program titled "Permit Application Supplement: Proposed Regional General Permit 54," submitted January 2014, and included as Exhibit 2 in the staff report dated 5/29/15 and the applicant's Eelgrass Protection and Mitigation Plan most recently updated March 2015 and included as Exhibit 3 in the staff report dated 5/29/15: I. Dredging Activities. Page 10 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT A. Under this CDP/CC, dredging operations are limited to -10 feet MLLW with a 2 -foot allowable overdraft (1 foot paid, 1 foot unpaid). B. Sediment Testing Requirements. The permittee is prohibited from dredging and disposing material in coastal waters that has not been tested and determined by the Commission, in consultation with the Army Corps of Engineers and with the Environmental Protection Agency Region IX (EPA), to be both clean and suitable for ocean disposal or beach replenishment. Prior to each dredging episode at each individual dredging location and prior to beach replenishment at each replenishment location, the permittee shall sample the material to be dredged and any beach -receiver location for the purpose of determining the physical characteristics of the material. Testing shall be performed consistent with procedures defined in: "Procedures for Handling and Chemical Analysis of Sediment and Water Samples," by Russell H. Plumb (1981), Corps Technical Report EPA/CE-81-1, pages 3-28 to 3-47. The grain size test shall be conducted on a composite of at least one core per one-quarter (1/4) acre area to be dredged and/or at least one core per site for each project, as well as at least one core per receiver beach location. The core depth shall be equivalent to the proposed dredging depth plus any over -dredging. Grain size data shall be reported to the nearest 1% for sand, silt, and clay consistent with procedures defined in: "Procedures for Handling and Chemical Analysis of Sediment and Water Samples," by Russell H. Plumb (1981), Corps Technical Report EPA/CE-81-1, pages 3-28 to 3- 47. C. At least 60 calendar days before initiation of any dredging operations authorized by this permit, the permittee shall send a dredging and disposal operations plan to the Corps, EPA, and CCC with the following information: i. A list of the names, addresses and telephone numbers of the permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site. ii. A list of all vessels, major dredging equipment and electronic positioning systems or navigation equipment that will be used for dredging and disposal operations, including the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow to assure compliance with special conditions on dredging and disposal operations. iii. A detailed description of the dredging and disposal operations authorized by this permit. Description of the dredging and disposal operations should include, at a minimum: Page 11 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT a. Dredging and disposal procedures for the dredged material determined by the Corps and EPA Region IX to be unsuitable for ocean disposal. b. Dredging and disposal procedures for the material to be dredged from the proposed site. c. A schedule showing when the dredging project is planned to begin and end. iv. A pre -dredging bathymetric condition survey, taken within 30 days of the dredge start date. The survey may be taken via lead line, sounding disc, or sounding pole techniques according to Chapter 8 (Manual Depth Measurement Techniques) from the Corps Engineering and Design - Hydrographic Surveying manual (EM 1110-2-1003, published 01 Jan 2002). Each individual project survey using this method will include a minimum of three sounding points (adjusted for tide) per individual dock. The pre -dredge survey shall be accurate to 0.5 -foot with the exact location of all soundings clearly defined on the survey chart. The pre -dredge survey chart shall be prepared showing the following information: a. The entire dredging area, the toe and top of all side -slopes and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre -dredge condition survey should cover an area at least 50 feet outside the top of the side -slope or the boundary of the dredging area, unless obstructions are encountered. b. The dredging design depth, overdredge depth and the side -slope ratio. c. The total quantity of dredged material to be removed from the dredging areas and the side -slope areas. d. Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and overdredge depth shall be shaded yellow, and areas below overdredge depth that will not be dredged shall be shaded blue. If these areas are not clearly shown, the Corps may request additional information. e. The pre -dredging survey chart shall be signed by the permittee to certify that the data are accurate and that the survey was completed within 30 days of the proposed dredging start date. f. A debris management plan to prevent disposal of large debris at all disposal locations. The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods. D. The permittee shall not commence individual dredging operations unless and until the permittee receives a written authorization to proceed from the Executive Director of the Commission to commence work, subject to the terms of Special Condition 1(F). Page 12 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT E. The City shall require applicants to submit a post -dredging completion report, which shall be compiled by the City and submitted to the Executive Director in an annual report. The report shall include all information collected by the permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the special conditions of this permit. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: v. Permit and project number. vi. Start date and completion date of dredging and disposal operations. vii. Total cubic yards disposed at the authorized disposal site(s). viii.Mode of dredging. ix. Mode of transportation. x. Form of dredged material. xi. Frequency of disposal and plots of all trips to the authorized disposal site(s). xii. Tug boat or other disposal vessel logs documenting contact with the USCG before each trip to the authorized ocean disposal site. xiii.Percent sand, silt and clay in dredged material: for this CDP/CC only, see sediment testing requirements above. xiv.A certified report from the dredging site inspector indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. xv. Pre -dredging hydrographic survey. xvi.A detailed post -dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the predredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post -dredging survey shall be the same methods used in the predredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate. I. Beach disposal (beach replenishment) A. Beach disposal (replenishment) shall be the preferred disposal method under the program. All sediment removed from the harbor which is suitable for beach replenishment (subject to the following testing and disposal requirements) shall be disposed of on beaches in front of bulkheads and at street end beaches throughout the bay, subject to the approval of the landowner, Tidelands administrator, and the Executive Director. B. Grain Size Criteria: Material utilized for beach replenishment shall have a sand content that is either i) greater than 80% sand; or ii) at least 75% sand and within 10% of the sand content of the receiver beach. Any material that meets the requirements Page 13 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT outlined above for beach replenishment and consists of less than 80% sand shall only be placed upon submerged beach areas (i.e. below the water line). C. Prior to commencement of beach replenishment at a site, the results of each sampling episode and beach replenishment compatibility test described in Section I above shall be submitted for the review and approval of the Executive Director. Dredged material deemed suitable for beach replenishment may be deposited at the approved deposition sites only after the Executive Director has concurred with a City determination that the materials to be dredged have been deemed "suitable" using the standards in these special conditions. All dredged material deemed "unsuitable" for beach replenishment shall be disposed of at an approved location according to all federal, state and local regulations. If the disposal site is not within an approved ocean disposal site as identified in section II but is located in the coastal zone, a separate coastal development permit application shall be filed for the disposal of the "unsuitable" material. All contracts involving the subject project shall include the above stated condition of approval. D. In no case will beach disposal be authorized with material dredged below the sediment testing characterization depth for any particular site. E. A detailed description of the transport and discharge operations authorized by this permit will be submitted to the Executive Director of the Commission for review and approval at least 60 calendar days prior to work in coastal waters. Description of the transport and discharge operations shall include: i. Transport and discharge procedures for all sediment, including all material unsuitable for beach replenishment discharge. ii. A schedule showing when the beach replenishment project is planned to begin and end. iii. A debris management plan to prevent disposal of large debris at all beach discharge locations. The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods. iv. The volume of material to be excavated and discharged. v. A list of previous discharges by site, date, and volume, as well as the total volume of material which has been excavated and discharged to date using this CDP/CC. F. The City must submit a pre -construction notification and must receive a written authorization to proceed from the Executive Director of the Commission before the permittee may commence any work. G. The permittee shall send one copy of a beach disposal post -discharge report to the Executive Director documenting compliance with all general and special conditions defined in this permit. The post -discharge report shall be sent within 30 calendar days Page 14 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT after completion of the discharge operations authorized in this permit. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit shall be explained in detail. The report shall include: i. CDP/CC number. ii. Identify source of material. iii. Total cubic yards disposed at each beach disposal site. iv. Modes of transportation and discharge. v. Actual start date and completion date of transport and discharge operations. H. The permittee shall implement all appropriate, standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive eroded materials do not enter coastal waters due to beach replenishment operations. Sediment for beach replenishment shall be placed, not dumped, using means to minimize disturbance to bay sediments and to minimize turbidity. If turbid conditions are generated during construction a silt curtain shall be utilized to minimize and control turbidity to the maximum extent practicable. I. The permittee will establish a safety flag perimeter of the beach replenishment area during disposal activities, and monitor the premises to protect the general public from construction hazards and equipment. J. No maintenance, storage, or fueling of heavy tracked equipment or vehicles will occur within 500 feet of the high tide line of waters of the United States. II. Offshore (ocean) disposal A. All of the sediments dredged from within the Plan Area that are deemed unsuitable for beach replenishment are suitable for ocean disposal, with the exceptions as identified in the RGP 54 program. B. Prior to commencement of ocean disposal, the results of each sampling episode described in Section I(B) above shall be submitted for the review and approval of the Executive Director. Dredged material deemed unsuitable for beach disposal/replenishment may be deposited at the approved ocean disposal sites only after the Executive Director has concurred with a City determination that the materials to be dredged have been deemed unsuitable for beach replenishment and are suitable for ocean disposal using the standards in these special conditions. All dredged material deemed unsuitable for beach replenishment shall be disposed of at an approved location according to all federal, state and local regulations. If the disposal site is not located at an approved ocean disposal site and is located in the coastal zone, a separate coastal development permit application shall be fled for the disposal of the material. All contracts involving the subject project shall include the above stated condition of approval. Page 15 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT C. For this permit, the phrase "ocean disposal operations" shall mean: the transportation of dredged material from the dredging site to the ocean disposal site, proper disposal of dredged material at the central disposal area within the ocean disposal site, and transportation of the hopper dredge or disposal barge or scow back to the dredging site. D. The approved ocean disposal site is LA -3, effective October 2005: 33 degrees 31.00 minutes North Latitude, 117 degrees 53.30 minutes West Longitude (NAD 1983), circular site with radius of 3,000 feet. E. In no case will offshore (ocean) or beach disposal be authorized for material dredged below the sediment testing characterization depth for any particular site. F. No more than 8,000 cubic yards of dredged material excavated for an individual dredging project authorized under this CDP/CC are authorized for disposal at the LA - 3 ocean disposal site. G. The permittee shall ensure dredged material is not leaked or spilled from the disposal vessel(s) during transit to the ocean disposal site. The permittee shall transport dredged material to the ocean disposal site only when weather and sea state conditions will not interfere with safe transportation and will not create risk of spillage, leak or other loss of dredged material during transit. No disposal vessel trips shall be initiated when the National Weather Service has issued a gale warning for local waters during the time period necessary to complete disposal operations. III. Inland disposal A. If neither offshore disposal not beach disposal are available for an individual project proposed under this CDP/CC, material may be disposed of at an inland facility, subject to the review and approval of the Executive Director. If the disposal site is located in the coastal zone, a separate coastal development permit application shall be filed for the disposal of the material Final Report and Eelgrass Mitigation Requirement at End of Six -Year Trial Period. The final report for the six-year trial period of the Regional General Permit 54 program and Eelgrass Protection and Mitigation Plan shall assess the net effect of dredging and restoration activities on the presence of eelgrass within the Plan Area in the context of natural trends. The City, using the biennial survey data and reference sites within the Plan Area that have not been affected by maintenance dredging or replenishment, shall report on the trends in eelgrass abundance over the permit period. Should reference sites indicate a decline in overall eelgrass abundance at the end of six years, the City, the California Coastal Commission, the California Department of Fish and Wildlife, and the National Marine Fisheries Service will evaluate the causes of such decline and use that information in assessing the success of restoration efforts undertaken by the City during the period of the Plan. Page 16 November 5, 2015 Permit Application No.: 5-14-0200 COASTAL DEVELOPMENT PERMIT During Tier 3, applicants would be required to provide mitigation pursuant to the California Eelgrass Mitigation Policy including meeting the success criteria after five years based on applicant sponsored annual monitoring. The City would not be responsible for providing additional mitigation during Tier 3 years for any shortcomings presented in the six-year summary report. Any changes to the eelgrass in the Plan Area will be compared to reference sites using procedures adopted in the California Eelgrass Mitigation Policy or the San Onofre Nuclear Generating Station mitigation to be described in the Final Plan. If, relative to the reference sites, there is a net loss in eelgrass in the impacted areas of Newport Bay at the end of the six years, the City, the California Coastal Commission, and the National Marine Fisheries Service will evaluate the success of the mitigation efforts by the City and by dock owners throughout the bay. If, through these discussions, the Executive Director determines that there is a shortfall in the necessary mitigation to offset temporal or permanent losses of eelgrass, a revised Eelgrass Mitigation and Monitoring Plan shall be prepared by the City to provide the necessary additional eelgrass mitigation. The revised Eelgrass Mitigation and Monitoring Plan shall require separate review and approval by the Commission through the regular coastal development permit/consistency certification process. 6. Conformance with the Requirements of the Resource Agencies. The applicant shall comply with all permit requirements and mitigation measures of the National Marine Fisheries Service, the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, the Environmental Protection Agency, the California Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service with respect to preservation and protection of water quality and the marine environment. Any changes to the approved project which are required by the above - stated agencies shall be submitted to the Executive Director in order to determine if the proposed change shall require a permit amendment pursuant to the requirements of the Coastal Act and the California Code of Regulations. 7. Assumption of Risk, Waiver of Liability, and Indemnity. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from slope instability, erosion, landslides and wave uprush, storm conditions, and sea level rise; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 June 17, 2016 Chris Miller City of Newport Beach Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 Mr. Miller: Coastal Commission staff has received information submitted as evidence of compliance with Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC -0002-15 for the following dredge/disposal applications in the City of Newport Beach: Date App Applicant City App. Dredge Location Dredge Amount Disposal Eelgrass within Recd. No. (Max. 8,000 CY) Location 15-30 ft. of disposal site? 5/2/2016 City of Newport DRG 2016- Opal Avenue, South Bay 200 Nearby Yes, monitoring Beach 1054 Front, Balboa Island beach required 5/2/2016 City of Newport DRG 2016- Park Avenue, East Bay Front, 950 Nearby No Beach 1024 Balboa Island beach 5/2/2016 City of Newport DRG 2016- Ruby to Coral Avenue, South 1,400 Nearby No Beach 1025 Bay Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Turquoise Avenue, South 550 Nearby Yes, monitoring Beach 1026 Bay Front, Balboa Island beach required 5/2/2016 City of Newport DRG 2016- Abalone Avenue, South Bay 700 Nearby Yes, monitoring Beach 1016 Front, Balboa Island beach required 5/2/2016 City of Newport DRG 2016- Grand Canal and South Bay 5,500 LA -3 No Beach 1051 Front, Balboa Island ocean disposal site 5/2/2016 City of Newport DRG 2016- Harbor Island Road, Harbor 2,000 LA -3 No Beach 1066 Island North ocean disposal site 5/2/2016 City of Newport DRG 2016- Hoarbor Island Road, Harbor 2,000 Nearby No Beach 1065 Island South beach 5/2/2016 Beacon Bay DRG 2016- 70 Beacon Bay and 900 Nearby No HOA 1001 surrounding area beach 5/2/2016 City of Newport DRG 2016- Bay Island and Island 1,500 Nearby No Beach 1055 Avenue, Balboa Peninsula beach 5/2/2016 City of Newport DRG 2016- China Cove, Corona del Mar 1,800 Nearby No Beach 1050 beach Condition Compliance for Coastal Development Permit 5-14-0200 Conformance with Consistency Certification CC -0002-15 Page 2 of 2 5/2/2016 City of Newport DRG 2016- Balboa Avenue, East Bay 350 Nearby No Beach 1017 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Crystal Avenue, South Bay 300 Nearby No Beach 1018 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Jade Avenue, South Bay 275 Nearby No Beach 1019 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Onyx Avenue, North Bay 350 Nearby No Beach 1053 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Onyx Avenue, South Bay 250 Nearby No Beach 1021 Front, Balboa Island beach Cumulative Dredge 19,025 Amount Max. 75,000 CV): Coastal Commission staff have reviewed the information submitted and determined that the above referenced dredging/disposal applications comply with the conditions of Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC -0002-15. Any changes to the proposed projects may cause them to lose their status consistent with CDP 5-14-0200 and/or CC - 0002 -15. This certification is based on information provided by the project applicants, reviewed and transmitted by the City of Newport Beach consistent with the approved Regional General Permit 54 Program. If, at a later date, this information is found to be incorrect or incomplete, this notice will become invalid, and any development occurring must cease until a new determination is provided regarding compliance with CDP 5-14-0200 and/or conformance with CC -0002-15. If you have any questions, please contact me at (562) 590-5071. Sincerely, Zach Rehm Coastal Program Analyst Cc: Mark Delaplaine, California Coastal Commission Corice Farrar, U.S. Army Corps of Engineers llllllvw ALIIa� Water Boards Santa Ana Regional Water Quality Control Board July 29, 2014 Chris Miller City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Eon,ur�c u. Bwuwr� JH. MATT HEY: f -I' OC HI(:l.E: SICNC InaT .�-(iH GENERAL CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR PROJFCTS SUR.IIFCT TO l l:S, APKAY MPPR nF ENGINEERS' REGIONAL GENERAL PERMIT NO. 54 (SARWQCB NO. 302014-03) Dear Mr. Miller: On January 22, 2014 we received an application for Clean Water Act Section 401 Water Quality Standards Certification ("Certification") from Anchor QEA, LLC on behalf of the City of Newport Beach ("City") for projects subject to the U.S. Army Corps of Engineers' ("Corps") Regional General Permit No. 54 ("RGP-54"). The application was deemed complete on February 3, 2014. This letter responds to your request for certification that the activities described in your application will comply with applicable State water quality standards established in the Water Quality Control Plan for the Santa Ana River Basin ("Basin Plan"). Project Description: RGP-54 is a general permit administered by the U.S. Army Corps of Engineers (Corps) for minor maintenance dredging underneath and adjacent to private, public, and commercial docks, floats, and piers in portions of Lower Newport Bay and Upper Newport Bay. RGP-54 was last certified by the Regional Board on October 5, 2012 (Project No. 302012-21) for a period of five years. The Corps reissued RGP-54 on January 9, 2013. RGP-54 applies to projects within Section 27 of Township 6 South, Range 10 West, of the U.S. Geological Survey Newport Beach, Calif. Quadrangle map (33 36 36.72 N/ 117 54 20.16 W). The specific areas proposed for coverage under RGP-54 are depicted in Figures 1, 2, 3a, 3b, and 3c. W. „iiR.,.-- — I K V.E_ r-'. i Chris Miller, RGP-54 Renewal - 2 - July 29, 2014 302014-03 RGP-54 is limited to areas where the sediment has been characterized according to guidelines established by the Southern California Dredged Material Management Team (SC-DMMT). The guidelines specify that sediment data are valid for a period of five years. The 2012 certification for RGP-54 applied to areas where sediment was sampled in 2009 and 2011 (data valid through May 2014 and May 2016 respectively). The City conducted a new sediment sampling program in July 2013. The SC-DMMT evaluated these data in November 2013, approving discharge of dredged material at adjacent beach sites (for beach nourishment) or disposal at the U.S. EPA's LA -3 Ocean Dredged Material Disposal Site (LA -3) for sediments from all areas except for the Balboa Yacht Basin and Promontory Bay. Sediments not approved for disposal at LA -3 will be disposed of at an upland landfill. These results are valid until July 2018. Although the 2012 certification for RGP-54 has not expired, the City requests renewal of the certification to incorporate the areas of Newport Bay that were characterized by the 2013 sampling program. The City also requests a number of changes to the General Certification issued in 2012 for RGP-54 that are summarized in Table 1. Table 1: Changes to Previous Certification for RGP-54 Specification Previous Certification 302012-21 This Certification 302014-03 Areal definition Between pierhead and bulkhead Into federal channels Maximum dredge depth -7 feet MLLW plus 1 foot overde th -10 feet MLLW plus 2 feet overde th Eelgrass Pro ect ineligible if within 15 feet Mitigate per SCEMP Individual volume limit 1,000 cubic yards 8,000 cubic yards Annual volume limit 20,000 cubic yards 75,000 cubic yards Structures No maintenance allowed Repair and in-kind replacement MLLW — Mean Lower Low Water 2 SCEMP = Southern California Eelgrass Mitigation Policy 3 For "In-kind replacement," substitution with modern materials is allowed, but an increase in the overwater footprint when compared with the existing structure, and expansion of the structure's size or function is not allowed. Findings: Maintenance dredging is needed to remove accumulated sediment from docks, floats, and piers in Newport Bay. This sediment originates largely from the San Diego Creek Watershed. A large backlog of dredging projects exists as only limited use was made of the previous RGP-54 certifications due to volume and eelgrass restrictions. For example, only sixteen small dock and beach maintenance projects, totaling about 5,700 cubic yards of dredging, received coverage under RGP-54 over the past year. Chris Miller, RGP-54 Renewal - 3 - July 29, 2014 302014-03 Depths: The proposed maximum dredging depths represent an increase of four feet compared to the previous certification. The City reasons that this is consistent with the authorized federal channel design depth and is applicable to the entire lower bay. Sediment testing was performed to characterize these depths in most locations. Increasing the maximum depth to the authorized channel design depth is reasonable. Individual Project Volume: As indicated in Table 1, the previous individual project limit of 1,000 cubic yards will be increased to 8,000 cubic yards. The previous individual volume limit was adequate for typical individual home dock dredging projects, but this certification will also accommodate dredging and structural repair activities by commercial facilities. An 8,000 cubic yard limit will be sufficient to accommodate the dredging volumes from the small marinas that would make use of this general permit. Annual Dredging Volume: As indicated in Table 1, the previous annual program limit of 20,000 cubic yard limit will be increased to 75,000 cubic yards. The increase in the annual limit will accommodate the backlog of dredging and the use of the permit by projects that were not covered by the previous RGP-54. The City estimates a maximum annual dredging volume of about 75,000 cubic yards per year, based on an expected mix of five small marina projects (totaling up to 40,000 cubic yards), four large/medium residential projects (3,500 cubic yards each, totaling up to 24,500 cubic yards), and ten small residential projects dredging (1,000 cubic yards each, totaling up to 10,000 cubic yards). Application Reviews: The City has served as the primary point of contact for projects seeking authorization under RGP-54, reviewing applications for completeness and accuracy before forwarding notifications to the Regional Board. The City proposes to continue serving in this role for the duration of this permit. However, the City proposes that where eelgrass is present, projects will be subject to additional Regional Board review. Sediment Characterization: Sediments proposed for dredging under the previous RGP- 54 re -authorization were characterized by a sampling program conducted in May 2009 and May 2011. The results were evaluated by the SC-DMMT, and most sediment was found to be suitable for discharge of dredged material at adjacent beach sites (for beach nourishment) or disposal at LA -3. These determinations are valid for a period of five years. The sampling results from May 2009 expired in May 2014, while the sampling results from May 2011 will expire in May 2016. The City conducted a new sediment sampling program in July 2013. The SC-DMMT evaluated these data in November 2013, approving discharge of dredged material at adjacent beach sites (for beach nourishment) or disposal at the U.S. EPA's LA -3 Ocean Dredged Material Disposal Site (LA -3) for sediments from all areas except for the Balboa Yacht Basin and Promontory Bay. Sediments not approved for disposal at LA -3 will be disposed of at an upland landfill. These results are valid until July 2018. Chris Miller, RGP-54 Renewal - 4 - July 29, 2014 302014-03 Turbidity: Natural background turbidity in Lower Newport Bay is below 50 Nephelometric Turbidity Units (NTU) except during storm events. For waters with natural turbidity less than 50 NTU, the Basin Plan specifies a water quality objective for turbidity as a maximum increase not to exceed 20% as a result of controllable water quality factors. To implement this objective, this certification specifies numeric limits at a distance of no more than 300 feet from the active dredging area for total suspended solids (TSS), transmissivity, and turbidity. CEQA: Pursuant to the California Environmental Quality Act (CEQA), the Regional Board has independently determined that the project is categorically exempt from provisions of CEQA under Guidelines Sections 15301 "Existing Facilities," 15302 "Replacement or Reconstruction," and 15304(g) "Minor Alterations to Land" — "Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies." Certification Conditions: This 401 Certification is issued contingent upon the execution of the following conditions: Notification: Prospective enrollees intending to obtain coverage under RGP-54 must notify the Regional Board at least 30 days prior to commencing work. Prospective enrollees may use the same notification as that used to notify the Corps provided it contains the information listed below. The Regional Board may disqualify a project from coverage under this Certification. In the event of disqualification, the prospective enrollee will be notified in writing within 30 days of receipt of notification. If the prospective enrollee is not contacted by the Regional Board within 30 days after mailing the notification, the prospective enrollee may proceed with the project. The minimum content of a notification includes: a. A statement that the notification is submitted pursuant to General Certification No. 302014-03 for activities subject to RGP-54, and that the prospective enrollee agrees to abide by all conditions contained herein. b. The name, address, and telephone number of: I. The prospective enrollee, and, II. The prospective enrollee's agent (if an agent is submitting the application) c. Complete identification of all federal licenses/permits being sought for or applying to the proposed activity, including: I. Federal agency(ies) Il. Type III. File number(s) assigned by the federal agency(ies), if available d. Complete identification of any State -issued licenses/permits being sought for or applying to the proposed activity, including those issued by the Department of Fish and Wildlife, and the California Coastal Commission. Chris Miller, RGP-54 Renewal - 5 - July 29, 2014 302014-03 e. A complete project description, including: I. The purpose and final goal of the entire activity. H. The address (including city and county), cross -streets, or other appropriate location description, and the longitude and latitude of the project site. III. Name(s) of any receiving water body(ies) that may receive a discharge. IV. The total estimated quantity of dredge and fill. Fill discharges shall be reported in acres. Fill discharges for channels, shorelines (including bulkheads and seawalls), and other linear habitat shall also be reported in linear feet. Dredge discharges shall be reported in cubic yards. V. Disposition of dredge materials, including longitude and latitude of the disposal site(s). VI. The results of any applicable sediment characterization completed, including testing conducted by others (e.g., the City of Newport Beach), and as required by RGP-54. f. Payment by check in the amount specified for "General Orders" in the iteration of Section 2200 (a)(3)(H), Title 23 of the California Code of Regulations in effect when the Notification is submitted, made payable to the State Water Resources Control Board. Currently, this amount is $132. g. The notification must be signed by the prospective enrollee or the prospective enrollee's agent. The notification must include a statement that the submitted information is complete and accurate. 2. Point of contact: The City of Newport Beach shall serve as the primary point -of - contact for projects enrolling under RGP-54 and shall review all notifications for completeness and accuracy. Once the City has determined that the project meets the conditions of this permit, it shall forward the notification to the Regional Board. 3. Fees: The City of Newport Beach shall pay the appropriate dredging fee associated with this certification pursuant to Section 2200 (a)(3)(B), Title 23 of the California Code of Regulations ("Dredging Discharges") prior to forwarding enrollee notifications of construction activities authorized by this certification. The City shall make payment of this fee on an annual basis. The first annual payment shall be made one month after all applicable permits for this re -certification of RGP-54 have been obtained. The first annual payment shall be calculated on the basis of the maximum annual dredging volume authorized by this Certification, minus the base fee, which has already been paid. Subsequent annual payments will be based on the maximum annual dredging volume authorized minus the actual dredging volume for the previous year. Subsequent annual payments shall be made on the anniversary of the first payment. Payment shall be made at the Santa Ana Regional Water Quality Control Board payable to the State Water Resources Control Board. Chris Miller, RGP-54 Renewal - 6 - July 29, 2014 302014-03 4. Expiration: This certification expires five years after the date of its issuance. Any project begun, or in process on that date shall complete all discharges of dredge or fill within thirty days of the expiration date. 5. Structure Maintenance: Maintenance and repair of structures is allowed, but limited to "in-kind replacement." Replacement with modern materials is allowed; increase in the overwater footprint compared to the existing structure, and expansion of existing structure's size or function is not allowed. 6. Sediment Characterization: This certification is limited to areas characterized by sediment sampling and authorized for disposal at LA -3, discharge of dredged material at adjacent beach sites (for beach nourishment) or upland (U.S. EPA's suitability determinations in 2013). Certain areas will require further characterization. These areas are depicted in Figures 1, 2, 3a, 3b, and 3c. 7. Reporting: The City of Newport Beach shall forward pertinent information to the Regional Board for each dredging project undertaken under this general certification. This will include, at a minimum, sediment characterization (if any), monitoring data (if any), dredging volume, area, depth, and disposal location(s). 8. Dredge Volumes: Cumulative dredging volumes cannot exceed 75,000 cubic yards per year. Individual project dredging volumes cannot exceed 8,000 cubic yards. 9. Caulerpa taxifolia: Enrollees must conduct at least one survey for the invasive algae Caulerpa taxifolia 30 to 90 days prior to initiating a project. If Caulerpa taxifolia is discovered the enrollee must notify Regional Board staff, the California Department of Fish and Wildlife (CDFW), and/or the National Marine Fisheries Service (NMFS) within 24 hours of discovery. The enrollee may begin dredging only after implementing management measures specified by the CDFW and/or NMFS. 8. Eelgrass: Each enrollee must follow the latest Southern California Eelgrass Mitigation Policy (SCEMP) procedures established by NMFS regarding eelgrass. An eelgrass survey must be conducted within 30 to 90 days prior to the commencement of each project. The enrollee can also rely on the City's eelgrass data collected every two years to satisfy the pre -construction eelgrass survey requirement. If eelgrass is present, mitigation must be performed in accordance with SCEMP policy, and/or future NMFS-approved eelgrass plans that supersede or update this policy. New policies could include the California Eelgrass Mitigation Policy currently under development by NMFS, the Eelgrass Protection and Mitigation Plan for Shallow Waters in Lower Newport Bay currently under development by the City, or others as developed and approved by regulatory and resource agencies. The City must ensure that projects Chris Miller, RGP-54 Renewal - 7 - July 29, 2014 302014-03 requiring eelgrass mitigation have received approval from NMFS prior to forwarding the notification to the Regional Board. 9. Best Management Practices: At a minimum, the following BMPs shall be utilized: a. For projects dredging over 1,000 cubic yards, a continuous, floating silt curtain shall be deployed around active dredging areas. b. Operational BMPs such as reduction in dredging rate, modification of clamshell operation, use of favorable tidal conditions to minimize spread of turbidity plumes, and temporary suspension of dredging shall be employed as necessary. c. All materials generated from construction activities associated with this project shall be managed appropriately. This shall include identifying all potential pollution sources associated with the project, and incorporating all necessary pollution prevention BMPs for each potential pollution source identified. 10. Receiving Water Limitations: Enrollees must comply with the following applicable narrative and/or numeric objectives: a. Narrative Objectives for Physical Characteristics: Wastes associated with the dredging operation shall not violate Basin Plan narrative objectives for color, floatables, and oil and grease, including the following: I. Waste discharges shall not result in coloration of the receiving waters which causes a nuisance or adversely affects beneficial uses. II. Waste discharges shall not contain floating materials, including solids, liquids, foam or scum, which cause a nuisance or adversely affect beneficial uses. III. Waste discharges shall not result in deposition of oil, grease, wax, or other materials in concentrations which result in a visible film or in coating objects in the water, or which cause a nuisance or adversely affect beneficial uses. b. Numeric Limits for Physical/Chemical Characteristics: Enrollees must comply with the numeric receiving water limitations specified in Table 2. Data shall be collected at a distance of no more than 300 feet from the dredge footprint. The turbidity and transmittance limits in Table 2 are based on recent data collected in Lower Newport Bay' . Enrollees may use the City of Newport Beach's latest eelgrass survey to determine whether eelgrass is present within 300 feet of the project site. The transmissivity limits in Table 2 apply only if the enrollee chooses to monitor transmissivity in addition to turbidity. When the enrollee monitors both transmissivity and turbidity, compliance will 'Anchor QEA. Lower Newport Bay Water Quality Monitoring, Suspended Sediment Special Study. May18, 2012. Chris Miller, RGP-54 Renewal - 8 - July 29, 2014 302014-03 be achieved if either transmissivity or turbidity is below the respective limit shown in Table 2. Table 2: Numeric Receiving Water Limitations Parameter Receiving Water Limitation ' Eelgrass Present Within 300 feet No Eelgrass Present Within 300 feet Transmissivit 38% 16% Turbidity 16 NTU 47 NTU p H 7<pH<8.6; < 0.2 change from ambient Dissolved Oxygen > 5 m /L 11. Minimum Monitoring Program: Enrollees must implement a monitoring program to ensure compliance with the recelv,nn water limitations specified in Condition Fv .. �. l., as - -V—vonw ' Condition � "c 10, above. Minimum requirements of the monitoring plan are listed in Table 3. The enrollee will be required to perform water quality monitoring on a daily basis during the first individual dredging project using a given type of dredging (e.g., hydraulic suction dredging or mechanical dredging) approved under RGP-54. The results of the monitoring shall be forwarded to the Regional Board as specified in Condition 7 (Reporting). If the monitoring results are within the receiving water limitations specified in Condition 10, then subsequent monitoring during individual projects will not be required if the total dredging duration will be less than two days. If dredging will extend beyond two (2) consecutive days, then monitoring will be required every other day beginning with the third day (monitoring will be required on days 3, 5, 7, etc.). Table 3: Minimum Monitoring Program Locations Monitored Constituents Frequency Less than or equal to 300 Turbidity, Every other day beginning feet from dredge footprint Dissolved Oxygen, with the third consecutive day H of dredging 12. A copy of this Certification must remain at the project site for the duration of the work and be available for inspection upon request. Chris Miller, RGP-54 Renewal - 9 - July 29, 2014 302014-03 Standard Conditions: Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section §13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the enrollee. If the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Regional Board may require the enrollee to submit a report of waste discharge and obtain Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this certification, the holder of any permit or license subject to this certification shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. Violations of the conditions of this certification may subject the enrollee to civil liability pursuant to Water Code section 13350 and/or 13385. This letter constitutes a Water Quality Standards Certification issued pursuant to Clean Water Act Section 401. 1 hereby certify that any discharge from the referenced project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017-DWQ), "General Waste Discharge Chris Miller, RGP-54 Renewal -10- 302014-03 10- 302014-03 July 29, 2014 Requirements for Dredge and Fill Discharges That Have Received Water Quality Certification" which requires compliance with all conditions of this Water Quality Standards Certification. Order No. 2003-0017-DWQ is available at: www.waterboards.ca.gov/board_decisions/adopted_orders/water quality/2003/wqo/wqo 2003-0017. pdf The previous certification issued for RGP-54 (SARWQCB Project No. 302012-21) will be closed to new projects on the date that this certification (SARWQCB Project No. 302014-03) becomes effective. Should there be any questions, please contact Doug Shibberu at (951) 782-7959, or Mark Adelson at (951) 782-3234. Sincerely, Kurt V. Berchtold Executive Officer Enclosures: Figures 1, 2, 3a, 3b, and 3c cc (via electronic mail): Anchor QEA, LLC, Adam Gale SWRCB, Office of Chief Counsel — David Rice SWRCB, DWQ Water Quality Certification Unit — Bill Orme U.S. Army Corps of Engineers, Los Angeles Office — Stephen Estes U.S. Fish and Wildlife Service — Jon Avery California Department of Fish and Wildlife — Kevin Hupf victo4ia St iv p'-; I I I V 1— Project Location S-' "oese H, I E ona del Mar LA -3 Offshore Disposal Site 0 Project Locatio Not to Scale Crystdi Cove Ca dsr 'y' Laguna SOURCE: Image from Bing maps. HORIZONTAL DATUM: California State Plane, Zone 6, NAD83. E VERTICAL DATUM: Mean Lower Low Water (MLLW). 0 Approximate Project Location: 0 1.5 33' 36.540', 117' 54.230' — Scale in Miles ANCHORFigure 1 Vicinity Map tzOEA Proposed RGP 54 ry Crystdi Cove Ca dsr 'y' Laguna SOURCE: Image from Bing maps. HORIZONTAL DATUM: California State Plane, Zone 6, NAD83. E VERTICAL DATUM: Mean Lower Low Water (MLLW). 0 Approximate Project Location: 0 1.5 33' 36.540', 117' 54.230' — Scale in Miles ANCHORFigure 1 Vicinity Map tzOEA Proposed RGP 54 \ka00 \k§) :{ !{2( {(9r)/i§)§ 6/@{r 2(Sw - \(�» (§;ea -_ §22)({ \]f2{r7!!\; ! 2 \� , / $ q � s§.!! i§. -1000 �\�k�\�( \\kr#{kj�§ k�*k§&\n)[fFJ §)Q{j- _/§\!a - 72 \(E� 2w- 06.2 - )){\k� 2 §})/({ )i\3r5 7if]}$]5 I]/2\§723f5 kk \� ml . EFM Ru � %W4 / 01�; O. N 0 .O N p u vi C Y 3 y0 O« 3 C0 _ v ac0 .- E m �ooco 2wmFmE -o .v 0� m C u 3 O , c n N- o o `v O a E g O a v E m O 0 u o c Z r E O N w Q o C v O d p W a v N > m v amco c ° 0 - ;.Zi O mm`w0 mzo a?cava«4 amo o v�wvC7 v N Nwa� n> 3 „ upi °v rii nE« cl7 h Q a 0 O a v mLn v a Q im �a U N H O O o. U � L O cL cr N n. O d uc {�kt {//r)())\) S§*i/k)))[#§} §#2\\:0jTEo - -) - _ \(raj` 77��E� - -_ - §{['r. --ff{f2!§r t5 7)f-20. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 \ -- January 4, 2018 Chris Miller City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Dear Mr. Miller: I am replying to your application (Corps File No. SPL -2017 -00786 -MY) dated December 7, 2017, for a Department of the Army Permit to conduct work in navigable waters of the United States, and transport dredged material for the purpose of disposal into ocean waters, in association with the Grand Canal and Balboa Avenue to Park Avenue Maintenance Dredging Project. The proposed work would take place bayside of Balboa Island, within Newport Bay, in the city of Newport Beach, Orange County, California at approximately 33.606334118, - 117.88895285 (Dredge Site) (Figures 1 and 2) and at the LA -3 Ocean Dredged Material Disposal Site (ODMDS). Based on the information you have provided, I have determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging and Beach Nourishment. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. A copy of RGP No. 54 is available at http://www.spl.usace.army.mil/Portals/17/docs/re ug latory/RGP/RGP54 21DEC2015 Rdf. Specifically, you are authorized to dredge approximately 3,750 cubic yards of sediment, including approximately 9,178.6 square feet of eelgrass (Zostera marina), from a subtidal area totaling approximately 0.74 acre and transport and dispose of the dredged sediment at the LA -3 ODMDS. Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 21, 2020. 2. This permit is contingent upon the issuance of a Coastal Zone Management Act (CZMA) consistency certification. The Permittee shall abide by the terms and conditions of the CZMA consistency certification. The Permittee shall submit the CZMA consistency certification to the Corps Regulatory Division (preferably via email) within two weeks of receipt from the issuing state agency. The Permittee shall not proceed with construction until receiving an e-mail or other written notification from Corps Regulatory Division acknowledging the CZMA consistency certification has been received, reviewed, and determined to be acceptable. If the California Coastal Commission fails to act on a valid request for concurrence with your certification within six months after receipt, please notify the Corps so we may consider whether to presume a concurrence has been obtained. 3. A new pre -construction Caulerpa (Caulerpa taxifolia) survey shall be conducted in accordance with the Caulerpa Control Protocol -2- (http://www.westcoast.fisheries noaa gov/publications/habitat/caulerpa taxifolia/caulerpa contr of protocol 4 .pdD and submitted to the Corps Regulatory Division not earlier than 90 calendar days prior to planned construction or dredging -related activities and not later than 30 calendar days prior to construction or dredging -related activities. The results of that survey shall be provided to the U.S. Army Corps of Engineers (Corps) Regulatory Division, National Marine Fisheries Service (NMFS), California Coastal Commission, and the California Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NMFS, the California Coastal Commission, and CDFW. 4. For projects disposing more than 1,000 CYs of dredged materials at the LA -3 ODMDS, the Permittee shall submit a dredging and disposal operations plan to the Corps Regulatory Division and the U.S Environmental Protection Agency (USEPA) at least 15 calendar days before initiation of any dredging operations with the following information: a. A list of the names, addresses, and telephone numbers of the Permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site; b. A list of all vessels, major dredging equipment and electronic positioning systems or navigation equipment that will be used for dredging and disposal operations, including the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow to assure compliance with Special Conditions on dredging and disposal operations; c. A detailed description of the dredging and disposal operations authorized by this permit. Description of the dredging and disposal operations should include, at a minimum, the following: 1) Dredging and disposal procedures for the dredged material determined by the Corps Regulatory Division and the USEPA to be unsuitable for ocean disposal; 2) Dredging and disposal procedures for the material to be dredged from the proposed site; and 3) A schedule showing when the dredging project is planned to begin and end; and d. A pre -dredging bathymetric condition survey, taken within 30 days before the dredging begins. For RGP 54 only, one of two survey methods can be used: 1) Survey taken via lead line, sounding disc, or sounding pole techniques according to Chapter 8 (Manual Depth Measurement Techniques) from the Corps' Engineering and Design Hydrographic Surveying Manual (EM 1110-2-1003, published 01 Jan 2002). -3 - Each individual project survey using this method will include a minimum of three sounding points (adjusted for tide) per individual dock and 2) Survey (presented as a large format plan view drawing), taken within thirty (30) days before the dredging begins, accurate to 0.5 -foot with the exact location of all soundings clearly defined on the survey chart. The pre -dredge survey chart shall be prepared showing the following information: a) The entire dredging area, the toe and top of all side -slopes and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre - dredge condition survey should cover an area at least 50 feet outside the top of the side -slope or the boundary of the dredging area, unless obstructions are encountered; b) The dredging design depth, overdredge depth, and the side -slope ratio; c) The total quantity of dredged material to be removed from the dredging areas and the side -slope areas; d) Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and overdredge depth shall be shaded yellow, and areas below overdredge depth that will not be dredged shall be shaded blue. If these areas are not clearly shown, the Corps Regulatory Division may request additional information; and e) The pre -dredging survey chart shall be signed by the Permittee to certify that the data are accurate and that the survey was completed within 30 days before the proposed dredging start date. e. A debris management plan to prevent disposal of large debris at all disposal locations. The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods. 5. The Permittee shall submit a post -dredging completion report to the Corps Regulatory Division after completion of each dredging project to document compliance with all General and Special Conditions defined in RGP No. 54. The report shall include all information collected by the Permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the Special Conditions of RGP No. 54. The report shall indicate whether all General and Special Conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: a. Permit and project number; b. Start date and completion date of dredging and disposal operations; c. Total cubic yards disposed at the authorized disposal site(s); d. Mode of dredging; e. Mode of transportation; f. Form of dredged material; g. Frequency of disposal and plots of all trips to the authorized disposal site(s); h. Tug boat or other disposal vessel logs documenting contact with the U.S. Coast Guard before each trip to the authorized ocean disposal site; i. Percent sand, silt, and clay in dredged material; j. A certified report from the dredging site inspector indicating all General and Special Conditions were met. Any violations of the permit shall be explained in detail; k. Pre -dredging hydrographic survey; 1. A detailed post -dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the pre -dredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post -dredging survey shall be the same methods used in the pre -dredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate; and in. The post -dredging report shall be signed by a duly authorized representative of the Permittee. The Permittee's representative shall make the following certification: I cert under penalty of law that this document and all attachments were prepared under my direction or supervision. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or 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 Miriam Yemane at 213-452-3411 or via e-mail at Miriam. Yemanena,usace.army.mil. Please complete the customer survey form at http://coKpsmapu.usace.army.mil/cm apex/f?p=re ulatory survey, which would help me to evaluate and improve the regulatory experience for others. Sincerely, Stephen M. Estes Senior Project Manager Orange and Riverside Counties Section South Coast Branch, Regulatory Division Enclosures Harbor lalan 0 Bay Island Newport Canyon 0 2017 Google Arch Ro -6 - Figure 2: Grand Canal and Balboa Avenue to Park Avenue Vicinity Map DEPARTMENT OF THE ARMY n? LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS '-I 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 May 7, 2018 Chris Miller City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Dear Mr. Miller: I am replying to your application (Corps File No. SPL -2018 -00204 -MY) dated March 20, 2018, for a Department of the Army Permit to conduct work in navigable waters of the United States, discharge dredged or fill material into waters of the United States, and transport dredged material for the purpose of disposal into ocean waters, in association with the Grand Canal -North Maintenance Dredging Project. The proposed work would take place at Grand Canal and Balboa Avenue to North Bay Front, Balboa Island, Lower Newport Harbor, in the city of Newport Beach, Orange County, California at approximately 33.607937, -117.888960 (Dredge Site) (Figures 1- 4) and at the LA -3 Ocean Dredged Material Disposal Site (ODMDS). Based on the information you have provided, I have determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging and Beach Nourishment. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. A copy of RGP No. 54 is available at http://w-".",.sp1.usace.army.mi1,Portals/17/docs/re ulatory/RGP/RGP54_21DEC2015 pdf. Specifically, you are authorized to dredge approximately 5,000 cubic yards of sediment, including approximately 23,704.58 square feet of eelgrass (Zostera marina), from a subtidal area totaling approximately 1.7 acre and transport and dispose of the dredged sediment at the LA -3 ODMDS. Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 21, 2020. 2. A new pre -construction Caulerpa (Caulerpa taxifolia) survey shall be conducted by the Permitte in accordance with the Caulerpa Control Protocol (http://www.westcoast.fisheries noaa gov/publications/habitat%Caulerpa taxifolia/caulerp a control protocol 4 .pdf) and submitted to the Corps Regulatory Division not earlier than 90 calendar days prior to planned construction or dredging -related activities and not later than 30 calendar days prior to construction or dredging -related activities. The results of that survey shall be provided to the Corps Regulatory Division, NMFS, California Coastal Commission, and the CDFW at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NMFS, the California Coastal Commission and CDFW. -2- 3. For projects disposing more than 1,000 CYs of dredged materials at the LA -3 ODMDS, the Permittee shall submit a dredging and disposal operations plan to the Corps Regulatory Division and the U.S Environmental Protection Agency (USEPA) at least 15 calendar days before initiation of any dredging operations with the following information: a. A list of the names, addresses, and telephone numbers of the Permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site; b. A list of all vessels, major dredging equipment and electronic positioning systems or navigation equipment that will be used for dredging and disposal operations, including the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow to assure compliance with Special Conditions on dredging and disposal operations; c. A detailed description of the dredging and disposal operations authorized by this permit. Description of the dredging and disposal operations should include, at a minimum, the following: 1) Dredging and disposal procedures for the dredged material determined by the Corps Regulatory Division and the USEPA to be unsuitable for ocean disposal; 2) Dredging and disposal procedures for the material to be dredged from the proposed site; and 3) A schedule showing when the dredging project is planned to begin and end; and d. Apre-dredging bathymetric condition survey, taken within 30 days before the dredging begins. For RGP 54 only, one of two survey methods can be used: 1) Survey taken via lead line, sounding disc, or sounding pole techniques according to Chapter S (Manual Depth Measurement Techniques) from the Corps' Engineering and Design Hydrographic Surveying Manual (EM 1110-2-1003, published 01 Jan 2002). Each individual project survey using this method will include a minimum of three sounding points (adjusted for tide) per individual dock and 2) Survey (presented as a large format plan view drawing), taken within thirty (30) days before the dredging begins, accurate to 0.5 -foot with the exact location of all soundings clearly defined on the survey chart. The pre -dredge survey chart shall be prepared showing the following information: a) The entire dredging area, the toe and top of all side -slopes and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre - dredge condition survey should cover an area at least 50 feet outside the top of the -3 - side -slope or the boundary of the dredging area, unless obstructions are encountered; b) The dredging design depth, overdredge depth, and the side -slope ratio; c) The total quantity of dredged material to be removed from the dredging areas and the side -slope areas; d) Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and overdredge depth shall be shaded yellow, and areas below overdredge depth that will not be dredged shall be shaded blue. If these areas are not clearly shown, the Corps Regulatory Division may request additional information; and e) The pre -dredging survey chart shall be signed by the Permittee to certify that the data are accurate and that the survey was completed within 30 days before the proposed dredging start date. e. A debris management plan to prevent disposal of large debris at all disposal locations. The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods. 4. The Permittee shall submit a post -dredging completion report to the U.S. Army Corps of Engineers (Corps) Regulatory Division after completion of each dredging project to document compliance with all General and Special Conditions defined in RGP No. 54. The report shall include all information collected by the Permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the Special Conditions of RGP No. 54. The report shall indicate whether all General and Special Conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: a. Permit and project number; b. Start date and completion date of dredging and disposal operations; c. Total cubic yards disposed at the authorized disposal site(s); d. Mode of dredging; e. Mode of transportation; f. Form of dredged material; g. Frequency of disposal and plots of all trips to the authorized disposal site(s); h. Tug boat or other disposal vessel logs documenting contact with the U.S. Coast Guard before each trip to the authorized ocean disposal site; i. Percent sand, silt, and clay in dredged material; j. A certified report from the dredging site inspector indicating all General and Special Conditions were met. Any violations of the permit shall be explained in detail; k. Pre -dredging hydrographic survey; 1. A detailed post -dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project -4 - began as indicated on the pre -dredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post -dredging survey shall be the same methods used in the pre -dredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate; and m. The post -dredging report shall be signed by a duly authorized representative of the Permittee. The Permittee's representative shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or 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 Miriam Yemane at 213-452-3411 or via e-mail at Miriam. Yemane;dusace.armv.mit. Please complete the customer survey form at http://corpsmapu.usace.armv.mil/cm apex/f?p=regulatory survey, which would help me to evaluate and improve the regulatory experience for others. Sincerely, KWAKWA.TIF FANY.DORA.1 536252424 Digitally signed by KWAKW A.TI FFANY.DORA.153625242 4 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KWAKW A.TI FFANY.DORA.153625 2424 Date: 2018.05.07 08:48:18 -07'00' Tiffany D. Kwakwa Project Manager Orange and Riverside Counties Section South Coast Branch, Regulatory Division Enclosures -5 - Figure 1: Grand Canal -North Vicinity Map #f r qpCom' r,. � � � �, Aa� � �q�",�; 8 a �r ,$ w, '7 � . •;;� , �' � E' "� .. `� 911' St, i1a:•�� ��4�'(9':_ -.,� r NATO ,:I%Aws r sr P AL r k r rraw i ' r 9P cry P' r g _ tjkl K"- +fsiiiiii1y R ": 7�ai�i sed i r. `1aa t a -4a, � ). _ '.. � �`. ■ � �� alll j4 D 1 }, P c=€�;� �� ri 1^��e, ag i; � '; +fig, de�._a --z aqp ,�• �. I # ��5',' s: ""� y�'fr��'y\"�; -7 - Figure 3: Grand Canal -North Dredge Plans Dredge Plan r ll6u'..w '-e•MrYt B�Fh.M lFvnaNAew.Mb1 �tgryl'n.+e-t�lv��[=bC ury:�„ws.xnn tj- Ie1nwl.rW :r rM ONeS Wnt) LE)Aa4 W'. e•tl liw ltbN .l '1A 1412 .� .0 5,0 8D 19 2u M __=_ Ebft__ —_ _ __� OA _ !.0 A .tl\0 0 m 4] ca M t00 t0A Section A -A M svr..t e+a nrcp-A.Vz..n.y Imexss une s.v] nan n .•..-� �L.IC AI_.:w,r....e�Cryv mm IDlt*.~� � vb.'v rylenax>.: r]On N2tW.nl MpY.r .HI. Q Inn.,+W o.�.ei aonuLL'N.,e ua.• �.I I'+ STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office itl�. w 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 January 9, 2018 Chris Miller City of Newport Beach, Harbor Resources 100 Civic Center Drive Newport Beach, CA 92660 Subject: Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 Mr. Miller: Coastal Commission staff has received information submitted December 11, 2017 as evidence of compliance with Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC - 0002 -15 for the following dredge/disposal applications in the City of Newport Beach: Date App Applicant City App. Dredge Location Dredge Amount Disposal Eelgrass within Recd. No. (Max. 8,000 CY) Location 15-30 ft. of disposal site? Allyson DRG 2017- 2888 Bayshore LA -3 ocean 12/11/2017 Presta 1081 Drive 1,200 disposal site No Michael DRG 2017- 300 East Coast LA -3 ocean 12/11/2017 Gelfand 1111 Highway 8,000 disposal site No 12/11/2017 City of DRG 2017- Grand Canal, 3,750 LA -3 ocean No Newport 1104 Balboa Ave. to Park disposal site Beach Ave., Balboa Island Cumulative Dredge 54,564 Amount 2017 ax. 75,000 CY : Coastal Commission staff has reviewed the information submitted (including the revised dredge footprint at 2888 Bayshore Ave; City File DRG 2017-1081) and determined that the above referenced dredging/disposal applications (as revised) comply with the conditions of Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC -0002-15. This determination supersedes the previous determination dated August 7, 2017, which did not authorize dredging at 2888 Bayshore Drive because the dredge footprint was excessive. Any changes to the proposed projects may cause them to lose their status consistent with CDP 5-14-0200 and/or CC -0002-15. This certification is based on information provided by the project applicants, reviewed and transmitted by the City of Newport Beach consistent with the approved Regional General Permit 54 Program. If, at a later date, this information is found to be incorrect or incomplete, this notice will become invalid, and any development occurring must cease until a new determination is provided regarding compliance with CDP 5-14- 0200 and/or conformance with CC -0002-15. If you have any questions, please contact me at (562) 590-5071. Sincerely, Zach Rehm Cc: Mark Delaplaine, California Coastal Commission Coastal Program Analyst Corice Farrar, U.S. Army Corps of Engineers Allen Ota, U.S. Environmental Protection Agency STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 e (562)590-5071 March 28, 2018 Chris Miller City of Newport Beach, Harbor Resources 100 Civic Center Drive Newport Beach, CA 92660 Subject: Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 Mr. Miller: Coastal Commission staff has received information submitted March 23, 2018 as evidence of compliance with Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC - 0002 -15 for the following dredge/disposal applications in the City of Newport Beach: Date App Applicant City App. Dredge Location Dredge Amount Disposal Eelgrass within Recd. No. (Max. 8,000 CY) Location 15-30 ft. of disposal site? Allyson DRG 2018- 2888 Bayshore LA -3 ocean 3/23/2018 Presta 1117 Drive 5,500 disposal site No Michael DRG 2018- 300 East Coast LA -3 ocean 3/23/2018 Gelfand 1113 Highway 7,000 disposal site No 3/23/2018 City of DRG 2018- Grand Canal, 5,000 LA -3 ocean No Newport 1112 Balboa Boulevard to disposal site Beach North Bay Front, Balboa Island, Lower Newport Harbor Cumulative Dredge 17,500 Amount 2018 Max. 75,000 CY : Coastal Commission staff has reviewed the information submitted (including the revised dredge footprint at 2888 Bayshore Drive; City File DRG 2018-1117) and determined that the above referenced dredging/disposal applications (as revised) comply with the conditions of Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC -0002-15. Any changes to the proposed projects may cause them to lose their status consistent with CDP 5-14-0200 and/or CC -0002-15. This certification is based on information provided by the project applicants, reviewed and transmitted by the City of Newport Beach consistent with the approved Regional General Permit 54 Program. If, at a later date, this information is found to be incorrect or incomplete, this notice will become invalid, and any development occurring must cease until a new determination is provided regarding compliance with CDP 5-14- 0200 and/or conformance with CC -0002-15. If you have any questions, please contact me at (562) 590-5071. Sincerely, Zach Rehm Cc: Mark Delaplaine, California Coastal Commission Coastal Program Analyst Corice Farrar, U.S. Army Corps of Engineers Allen Ota, U.S. Environmental Protection Agency DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 October 14, 2016 Chris Miller City of Newport Beach Harbor Resources Division 100 Civic Center Drive Newport Beach, California 92660 Dear Mr. Miller: I am replying to your application (Corps File No. SPL -2016 -00518 -SME) dated July 5, 2016, for a Department of the Army Permit to conduct work in navigable waters of the United States, discharge dredged or fill material into waters of the United States, and transport dredged material for the purpose of disposal into ocean waters, in association with the Harbor Island North -Harbor Island Road Maintenance Dredging Project. The proposed work would take place adjacent to Harbor Island Road, within Newport Bay, in the city of Newport Beach, Orange County, California at approximately 33.61054, -117.90127 (Dredge Site) and at the LA -3 Ocean Dredged Material Disposal Site (ODMDS) (Figures 1 and 2). Based on the information you have provided, I have determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging and Beach Nourishment. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. A copy of RGP No. 54 is available at http://www.spl.usace.army.mil/Portals/17/docs/re ul�atory/RGP/RGP54 21DEC2015.pdf. Specifically, you are authorized to dredge approximately 2,000 cubic yards of sediment from a subtidal area totaling approximately a 0.380 acre, including approximately 173.1 square feet of eelgrass (Zostera marina), and transport and dispose of the dredged sediment at the LA -3 ODMDS. Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 21, 2020. 2. The Permittee shall submit a post -dredging completion report to the U.S. Army Corps of Engineers (Corps) Regulatory Division after completion of each dredging project to document compliance with all General and Special Conditions defined in RGP No. 54. The report shall include all information collected by the Permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the Special Conditions of RGP No. 54. The report shall indicate whether all General and Special Conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: -2- a. Permit and project number; b. Start date and completion date of dredging and disposal operations; c. Total cubic yards disposed at the authorized disposal site(s); d. Mode of dredging; e. Mode of transportation; f. Form of dredged material; g. Frequency of disposal and plots of all trips to the authorized disposal site(s); h. Tug boat or other disposal vessel logs documenting contact with the U.S. Coast Guard before each trip to the authorized ocean disposal site; i. Percent sand, silt, and clay in dredged material; j. A certified report from the dredging site inspector indicating all General and Special Conditions were met. Any violations of the permit shall be explained in detail; k. Pre -dredging hydrographic survey; 1. A detailed post -dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the pre -dredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post -dredging survey shall be the same methods used in the pre -dredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate; and m. The post -dredging report shall be signed by a duly authorized representative of the Permittee. The Permittee's representative shall make the following certification: I cert under penalty of law that this document and all attachments were prepared under my direction or supervision. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Danielle Storey at 213-452- 3855 or Meg McDonald at 213-452-3849). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project construction, per 36 C.F.R. section 800.13. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or 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. -3- Thank you for participating in the Regulatory Program. If you have any questions, please contact me at 213-452-3407 or via e-mail at Stephen.M.Estes(c�usace.army. mi1. Please complete the customer survey form at http://cop2smapu.usace.army.mil/em apex/P.?p=re ulatory survev, which would help me to evaluate and improve the regulatory experience for others. Sincerely, Stephen M. Estes Senior Project Manager Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosures tr. t �,- y _.. � _�� __ c VjC ..y' .,y: `'1/OIH, � „ 1d•, r`ti 47 �. Pd �G pit • �7 .� �• ., ,,�} v '.+ '04' o i yF` r �i wdle Or est`', �. 62 aloe ;lewP moule • w o.QC' ,. rg v''lel �, m r Corai Lincoln Ln Uy� ItAnita _ �eaaa n.Y- � ,`a �• a�d,Sm iba�ysef`� _ c�o'Net � -� ' � O ,N o S e -� l Ulna <- , � r ' �•c. � i x �g'- vp00 a J�Ssn �Xo gym,-`.° � � ,�"' � z • �.�� _ •�i�';� S O a K O itr�F.i ,'� - ONS .... -6 �• i�.:i 7 . OIL n -s tti `r�: d � r m r � r�• � � -Yy�r� S S � J 1 t ! t, ''". Fa•i.��ft r � � V � a r<, 722 :55 17$ 561/2 X56 \ 7d� 776 571/ 57 \ A�\ 58 X559 1./2 9 , 60 1 /2 LOP 60 15 \. 61 33 34 36 6 7 8 9 1( - -- �� V NTS., LOCATION MAP fLE w _ SAND PROs ll_� x - DREDGE SITE PROFILE SCALE 1:10 SAND PROFILE A FILL SITE PROFILE SCALE 1:10 2016 DREDGING PROJECT HARBOR ISLAND NORTH LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3/14/16 Figure 2 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Chris Miller, City of Newport File Number: SPL -2016 -00518 -SME Date: 10/14/2016 Beach Harbor Resources Division Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X I PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htt ://www.usace.arm.mil/cecw/a es/re materials.as x or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed) by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to re-evaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you process you may contact: may also contact: Stephen M. Estes Thomas J. Cavanaugh Senior Project Manager Administrative Appeal Review Officer U.S. Army Corps of Engineers U.S. Army Corps of Engineers Los Angeles District South Pacific Division 915 Wilshire Boulevard, Suite 930 1455 Market Street, 2052B Los Angeles, California 90017 San Francisco, California 94103-1399 Phone: 213-452-3660 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: stephen.m.estes(2cusace. army. mil Email: thomas.j.cavanaughL busace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 -day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. SPD version revised December 17. 2010 Administrative Appeal Process for Approved Jurisdictional Determinations ID,stnr.A ,sarPs appruvcd J�.ir,sd;rtir*.nal DGILc.rrarinalU�� (JDrj li, NAP. Approved JD r31id Does applicanthandawner For 5 garb. }'Fs accept apprcroed JL? Nn Dist6cl makelr rI.OW apprax ed JD. Applicantrtandoener Ye" prcrvrdes neW Informab To, conlinuie will, appeal process. appellsant rnusn revise RFA. See Appendix D. DhAslon enOneer or rfe!_ ee remands decisi1, to distri , with specific, instructions, fa reconsideration; appeal process completed. Appendix C Nr Applicant decides to appeal apprti++Ed JG. Applicant submits RFA to division engineer wrilhin G4 days of date of NAP. Gcwps rek4ews IFA and nctllies hvlax. 30 appellant within 30 days of receipk d'ayrs No Is RFA acceptable? Y, Optiol)al JD Appeals Nleoting andtar Site intneshgateon. RO reviews record and the division enlgneer (or designee) renders a dectslon on tt" men of the appeal Within 90 days of receipt of an ac trptabler RFA. Yes Does the appeal have No District's decision is upheld: appeal process completed. x op .f yam. 0 1�C SrATES OF p7!'fP Chris Miller DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 October 14, 2016 City of Newport Beach Harbor Resources Division 100 Civic Center Drive Newport Beach, California 92660 Dear Mr. Miller: I am replying to your application (Corps File No. SPL -2016 -00519 -SME) dated July 5, 2016, for a Department of the Army Permit to conduct work in navigable waters of the United States and discharge dredged or fill material into waters of the United States, in association with the Harbor Island South -Harbor Island Road Maintenance Dredging Project. The proposed work would take place adjacent to Harbor Island Road, within Newport Bay, in the city of Newport Beach, Orange County, California at approximately 33.61005, -117.90089 (Dredge Site 1), 33.61011, -117.90065 (Dredge Site 2), 33.61004, -117.90097 (Discharge Site 1), 33.61018, - 117.90057 (Discharge Site 2), and 33.61049, -117.90101 (Discharge Site 3) (Figures 1 and 2). Based on the information you have provided, I have determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54 -Maintenance Dredging and Beach Nourishment. As long as you comply with the terms and conditions of RGP No. 54, an individual permit is not required. A copy of RGP No. 54 is available at http://www.spl.usace.army.mil/Portals/17/docs/regulatory/RGP/RGP54 21DEC2015 pdf. Specifically, you are authorized to dredge up to approximately 2,000 cubic yards of sediment from two subtidal areas totaling approximately 0.293 acre, including approximately five square feet of eelgrass (Zostera marina), and discharge the dredged material at three beaches totaling approximately 0.480 acre for beach nourishment purposes (Figure 2). Furthermore, you must comply with the following non -discretionary Special Conditions: 1. This letter of verification is valid through December 21, 2020. The Permittee shall submit a post -dredging completion report to the U.S. Army Corps of Engineers (Corps) Regulatory Division after completion of each dredging project to document compliance with all General and Special Conditions defined in RGP No. 54. The report shall include all information collected by the Permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the Special Conditions of RGP No. 54. The report shall indicate whether all General and Special Conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: -2- a. Permit and project number; b. Start date and completion date of dredging and disposal operations; c. Total cubic yards disposed at the authorized disposal site(s); d. Mode of dredging; e. Mode of transportation; f. Form of dredged material; g. Frequency of disposal and plots of all trips to the authorized disposal site(s); h. Tug boat or other disposal vessel logs documenting contact with the U.S. Coast Guard before each trip to the authorized ocean disposal site; i. Percent sand, silt, and clay in dredged material; j. A certified report from the dredging site inspector indicating all General and Special Conditions were met. Any violations of the permit shall be explained in detail; k. Pre -dredging hydrographic survey; 1. A detailed post -dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the pre -dredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post -dredging survey shall be the same methods used in the pre -dredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate; and in. The post -dredging report shall be signed by a duly authorized representative of the Permittee. The Permittee's representative shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Danielle Storey at 213-452- 3855 or Meg McDonald at 213-452-3849). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re -authorizes project construction, per 36 C.F.R. section 800.13. A general permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or 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. -3- Thank you for participating in the Regulatory Program. If you have any questions, please contact me at 213-452-3407 or via e-mail at Stephen.M.Estes Lusace.army. mi1. Please complete the customer survey format http://coTsmapu.usace.army.mil/cm apex/P.p=re ug latory survey, which would help me to evaluate and improve the regulatory experience for others. Sincerely, Stephen M. Estes Senior Project Manager Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosures 15 33 34 122 116 LOCATION MAP A DREDGE SITE PROFILE__ SCALE 1:10 A _ __ Fl � aJ I l f- 55 55 56 1/2 56 571/2 57 58 59 1/2 59 60 1/2 60 61 6 7 8 9 1() �!F NTS --SAND PROFILE SAND PROFILE FILL SITE PROFILE SCALE 1:10 2016 DREDGING PROJECT HARBOR ISLAND SOUTH LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3/14/16 Figure 2 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND ki:AJEST FOR APPEAL Applicant: Chris Miller, City of Newport File Number: SPL-2016-00519-SME Date: 10/14/2016 Beach Harbor Resources Division Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X I PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htt ://www.usace.arm .miUcecw/ a es/re materials.as x or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed) by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to re-evaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you process you may contact: may also contact: Stephen M. Estes Thomas J. Cavanaugh Senior Project Manager Administrative Appeal Review Officer U.S. Army Corps of Engineers U.S. Army Corps of Engineers Los Angeles District South Pacific Division 915 Wilshire Boulevard, Suite 930 1455 Market Street, 2052B Los Angeles, California 90017 San Francisco, California 94103-1399 Phone: 213-452-3660 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: stephen.m.estes Causace. army. mil Email: thomas.j.eavanaugh(:c_busace.army. mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 -day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. SPD version revised December 17, 2010 Administrative Appel Process for Approved Jurisdictional Determinations Dlstiici sRL&_s aporf1'it]li Jurisd:rl cnal Dttiuh lirSat,Cx1 (JFij to applicaf,Ulandowner min NAP_ A,ppmved JD valid Dces applicantdendrAvner for parr. Ile. -ti accept approved JO? , Nn District rnake8 riew a,'jpmved JDApplicantrlando#ner Yet; --.� �t�to rides newinforn5atl RCS ret4ew5 rec,ofd and the division enrneer (or designee) ren der's a decision ort trt� ir"I of the appeal within 90 days of receipt of an accuptahle RFA. Division enOneer or designee remands decision to district. with spe6fic instructions, for Does the appeal have merit? reconsideration: appeal Y=s process completed. N0 Distrlct's decision is upheld: appeal process completed Appendix G Nn Applicant decides to appeal approved JD- Applirent submits RFA to division engineer wilhin 64 days of date of NAP. Cups reviews FIFA and nollties Max_ 30 appellant within 30 days of receipt days io rcn,inue with appeal — prorem appellant must revise RFA. Is RFA acceptable? See Ap�penrlx D tO Yrgs JD/wpeaIsMeLA andinr et1g3td,7n- RCS ret4ew5 rec,ofd and the division enrneer (or designee) ren der's a decision ort trt� ir"I of the appeal within 90 days of receipt of an accuptahle RFA. Division enOneer or designee remands decision to district. with spe6fic instructions, for Does the appeal have merit? reconsideration: appeal Y=s process completed. N0 Distrlct's decision is upheld: appeal process completed Appendix G STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN JR.,Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 June 17, 2016 Chris Miller City of Newport Beach Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance for Coastal Development Permit 5-14-0200; and Conformance with Consistency Certification CC -0002-15 Mr. Miller: Coastal Commission staff has received information submitted as evidence of compliance with Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC -0002-15 for the following dredge/disposal applications in the City of Newport Beach: Date App Applicant City App. Dredge Location Dredge Amount Disposal Eelgrass within Recd. No. (Max. 8,000 CY) Location 15-30 ft. of disposal site? 5/2/2016 City of Newport DRG 2016- Opal Avenue, South Bay 200 Nearby Yes, monitoring Beach 1054 Front, Balboa Island beach required 5/2/2016 City of Newport DRG 2016- Park Avenue, East Bay Front, 950 Nearby No Beach 1024 Balboa Island beach 5/2/2016 City of Newport DRG 2016- Ruby to Coral Avenue, South 1,400 Nearby No Beach 1025 Bay Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Turquoise Avenue, South 550 Nearby Yes, monitoring Beach 1026 Bay Front, Balboa Island beach required 5/2/2016 City of Newport DRG 2016- Abalone Avenue, South Bay 700 Nearby Yes, monitoring Beach 1016 Front, Balboa Island beach required 5/2/2016 City of Newport DRG 2016- Grand Canal and South Bay 5,500 LA -3 No Beach 1051 Front, Balboa Island ocean disposal site 5/2/2016 City of Newport DRG 2016- Harbor Island Road, Harbor 2,000 LA -3 No Beach 1066 Island North ocean disposal site 5/2/2016 City of Newport DRG 2016- Hoarbor Island Road, Harbor 2,000 Nearby No Beach 1065 Island South beach 5/2/2016 Beacon Bay DRG 2016- 70 Beacon Bay and 900 Nearby No HOA 1001 surrounding area beach 5/2/2016 City of Newport DRG 2016- Bay Island and Island 1,500 Nearby No Beach 1055 Avenue, Balboa Peninsula beach 5/2/2016 City of Newport DRG 2016- China Cove, Corona del Mar 1,800 Nearby No Beach 1050 1 beach Condition Compliance for Coastal Development Permit 5-14-0200 Conformance with Consistency Certification CC -0002-15 Page 2 of 2 5/2/2016 City of Newport DRG 2016- Balboa Avenue, East Bay 350 Nearby No Beach 1017 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Crystal Avenue, South Bay 300 Nearby No Beach 1018 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Jade Avenue, South Bay 275 Nearby No Beach 1019 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Onyx Avenue, North Bay 350 Nearby No Beach 1053 Front, Balboa Island beach 5/2/2016 City of Newport DRG 2016- Onyx Avenue, South Bay 250 Nearby No Beach 1021 Front, Balboa Island beach Cumulative DredlZe 19,025 Amount Max. 75,000 CY : Coastal Commission staff have reviewed the information submitted and determined that the above referenced dredging/disposal applications comply with the conditions of Coastal Development Permit 5-14-0200 and/or as evidence of conformance with Consistency Certifications CC -0002-15. Any changes to the proposed projects may cause them to lose their status consistent with CDP 5-14-0200 and/or CC - 0002 -15. This certification is based on information provided by the project applicants, reviewed and transmitted by the City of Newport Beach consistent with the approved Regional General Permit 54 Program. If, at a later date, this information is found to be incorrect or incomplete, this notice will become invalid, and any development occurring must cease until a new determination is provided regarding compliance with CDP 5-14-0200 and/or conformance with CC -0002-15. If you have any questions, please contact me at (562) 590-5071. Sincerely, Zach Rehm Coastal Program Analyst Cc: Mark Delaplaine, California Coastal Commission Corice Farrar, U.S. Army Corps of Engineers CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Grand Canal Dredging Project — Phase 2 CONTRACT NO. C-8171-2 APPENDIX B - GRAIN SIZE ANALYSIS REPORTS 0 c O o c -I 'Q w �I v O N o 4- 1..1. L O 0 Q Q 0 dA E \ 0 7 M N U 0 a1 41 N Ln O C) d 00 r14 - ro S Ln � Y u 00 a 00 c 00 O .--I (yj r N N (6 00 -1 c O 00 (0 m vN F- O j v - (.0M N 'a 0 bD m v w Y 'o c M aJ V Q t6 a N I a o E o f o Y V) N N bo d0 c U L N (9 QJ 'C O O 00 O o ra a1 \ N w w v O vui ..6LnC O U Q N 7 Y Y LL v Q J w U cr A i O ! > T v - L *' O L Fa) iY Q O oV aJ N L M L L > Q F p 4) f O I N j I O v 2 I L Y J 0- E J � p (0 w N .T u O N rn V) al N w- Q N t0 'O CLU r O i Q � O c u fa O >_ O y (IJN N Om 4-u CO Q a) O N Q O o (6 (0 M •(� m Q > to p CL r+l MCO 00 ' � ,� N v 3a _ g' -- cQ . L Q V (V d O t/1 f6 Y 0 u �vp M V' p I c E aJ f 3 ro o m v- c E c N i p J f E Z UJ V 7 Q L N AU'E Q Z O > v O N C 00 •3 U U N O N a1 O �J 1 O CL -07a iQ0, C Ct wr'.y C Q N b4 m O d0 OaJ O 1 �> III Y _0 Q a''`QA 2O O LQ Q Vl t0UVO iO Q 6Ri>Qt'At OQ _—____- - ___-____ ■ Y N � N N N N N NL,) � N N N N N LOCATION MAP ESE w r SAND PROFILE Y J 0] W A q, UKEUGE SITE PROFILE SCALE: NTS ESE S?5 0 a Y SAND PROFILE J CO w q q, POST DREDGE PROFILE SCALE: NTS GRAND CANAL DREDGING PROJECT - PHASE 2 BALBOA ISLAND LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8171-2 11/06/17 JOHN WAYNE LVIil11IVIV GRAND CANAL DREDGING PROJECT - PHASE 2 BALBOA ISLAND VICINITY MAP AND PICTURES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8171-2 11/06/17 Application Certification Clean Water Act Section 401 Certification No. 302014-03 I hereby certify that the information on my application is accurate and complete, and the accompanying signature is provided per Certification Condition lg of the issued Regional General Permit 54 (RGP 54) Clean Water Act Section 401 Water Quality Standards Certification (SARWQCB No. 302014-03). DRG2017_1104 Project Number Grand Canal Project Address(es) December 6, 2017 Project Applicant or Authorized Agent Date Signature tiff eurofins The difference is service ResultLink Email your PM / Page 1 of 9 WORK ORDER NUMBER: 17-12-0062 AIR I SOIL I WATER I MARINE CHEMISTRY Analytical Report For Client: ANCHOR QEA, LLC Client Project Name: Grand Canal Grain Size Attention: Adam Gale 27201 Puerta Real Suite 350 Mission Viejo, CA 92691-8306 Approved for release on 12/05/2017 by: Richard Villafania Project Manager Eurofins Calscience, Inc. (Calscience) certifies that the test results provided in this report meet all NELAC requirements for parameters for which accreditation is required or available. Any exceptions to NELAC requirements are noted in the case narrative. The original report of subcontracted analyses, I any, is attached to this report. The results in this report are limited to the sample(s) tested and any reproduction thereof must be made in its entirety. The client or recipient of this report is specifically prohibited from making material changes to said report and, to the extent that such changes are made, Calscience is not responsible, legally or otherwise. The client or recipient agrees to indemnify Calscience for any defense to any litigation which may arise. CA ELAP ID: 2944 1 ACLASS DoD-ELAPID: ADE -1864 (IS01IEC 170252005) 1 CSDLAC ID. 10,109 Page 2 of 9 % eurofins Contents Client Project Name: Grand Canal Grain Size Work Order Number: 17-12-0062 1 Work Order Narrative .................................................. 3 2 Sample Summary ..................................................... 4 3 Client Sample Data ................................................... 5 3.1 ASTM D4464 (M) Particle Size Laser (Solid) .............................. 5 4 Sample Analysis Summary .............................................. 6 5 Glossary of Terms and Qualifiers .......................................... 7 6 Chain-of-Custody/Sample Receipt Form .................................... 8 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 Page 3 of 9 tige u rof i n s Work Order Narrative Work Order: 17-12-0062 Page 1 of 1 Condition Upon Receipt: Samples were received under Chain -of -Custody (COC) on 12/01/17. They were assigned to Work Order 17-12-0062. Unless otherwise noted on the Sample Receiving forms all samples were received in good condition and within the recommended EPA temperature criteria for the methods noted on the COC. The COC and Sample Receiving Documents are integral elements of the analytical report and are presented at the back of the report. Holding Times: All samples were analyzed within prescribed holding times (HT) and/or in accordance with the Calscience Sample Acceptance Policy unless otherwise noted in the analytical report and/or comprehensive case narrative, if required. Any parameter identified in 40CFR Part 136.3 Table II that is designated as "analyze immediately" with a holding time of <= 15 minutes (40CFR-136.3 Table ll, footnote 4), is considered a "field" test and the reported results will be qualified as being received outside of the stated holding time unless received at the laboratory within 15 minutes of the collection time. Quality Control: All quality control parameters (QC) were within established control limits except where noted in the QC summary forms or described further within this report. Subcontractor Information: Unless otherwise noted below (or on the subcontract form), no samples were subcontracted. Additional Comments: Air - Sorbent-extracted air methods (EPA TO -4A, EPA TO -10, EPA TO -13A, EPA TO -17): Analytical results are converted from mass/sample basis to mass/volume basis using client -supplied air volumes. Solid - Unless otherwise indicated, solid sample data is reported on a wet weight basis, not corrected for % moisture. All QC results are always reported on a wet weight basis. 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 Page 4 of 9 % eurofins Sample Summary Client: ANCHOR QEA, LLC Work Order: 17-12-0062 27201 Puerta Real, Suite 350 Project Name: Grand Canal Grain Size Mission Viejo, CA 92691-8306 PO Number: Date/Time 12/01/17 15:34 Received: Number of 1 Containers: Attn: Adam Gale Sample Identification Lab Number Collection Date and Time Number of Matrix Containers GC-mid2-120117 17-12-0062-1 12/01/17 14:00 1 Solid 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 ti eurofins Analytical Report Page 5 of 9 ANCHOR QEA, LLC Date Received: 12/01/17 27201 Puerta Real, Suite 350 Work Order: 17-12-0062 Mission Viejo, CA 92691-8306 Preparation: N/A Method: ASTM D4464 (M) Units: % Project: Grand Canal Grain Size Page 1 of 1 Client Sample Number Lab Sample Date/Time Matrix Instrument Date Date/Time QC Batch ID Number Collected Prepared Analyzed GC-mid2-120117 17-12-0062-1-A 12/01/17 Solid LPSA 1 N/A 12/05/17 14:00 15:49 Parameter Result Qualifiers Clay (less than 0.00391 mm) 9.06 Silt (0.00391 to 0.0625mm) 30.33 Total Silt and Clay (0 to 0.0625mm) 39.39 Very Fine Sand (0.0625 to 0.125mm) 4.89 Fine Sand (0.125 to 0.25mm) 20.02 Medium Sand (0.25 to 0.5mm) 25.02 Coarse Sand (0.5 to 1 mm) 10.61 Very Coarse Sand (1 to 2mm) 0.070 Gravel (greater than 2mm) ND RL: Reporting Limit. DF: Dilution Factor. MDL: Method Detection Limit. 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 Page 6 of 9 ti eurofins Sample Analysis Summary Report LIi C DCfc Work Order: 17-12-0062 Page 1 of 1 Method ASTM D4464 (M) Extraction N/A Location 1: 7440 Lincoln Way, Garden Grove, CA 92841 Chemist ID Instrument 1027 LPSA1 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 Analytical Location Page 7 of 9 e U rOf I ns Glossary of Terms and Qualifiers Calscim---. Work Order: 17-12-0062 Page 1 of 1 Qualifiers Definition See applicable analysis comment. < Less than the indicated value. > Greater than the indicated value. 1 Surrogate compound recovery was out of control due to a required sample dilution. Therefore, the sample data was reported without further clarification. 2 Surrogate compound recovery was out of control due to matrix interference. The associated method blank surrogate spike compound was in control and, therefore, the sample data was reported without further clarification. 3 Recovery of the Matrix Spike (MS) or Matrix Spike Duplicate (MSD) compound was out of control due to suspected matrix interference. The associated LCS recovery was in control. 4 The MS/MSD RPD was out of control due to suspected matrix interference. 5 The PDS/PDSD or PES/PESD associated with this batch of samples was out of control due to suspected matrix interference. 6 Surrogate recovery below the acceptance limit. 7 Surrogate recovery above the acceptance limit. B Analyte was present in the associated method blank. DU Sample analyzed after holding time expired. BV Sample received after holding time expired. Cl See case narrative. E Concentration exceeds the calibration range. ET Sample was extracted past end of recommended max. holding time. HD The chromatographic pattern was inconsistent with the profile of the reference fuel standard. HDH The sample chromatographic pattern for TPH matches the chromatographic pattern of the specified standard but heavier hydrocarbons were also present (or detected). HDL The sample chromatographic pattern for TPH matches the chromatographic pattern of the specified standard but lighter hydrocarbons were also present (or detected). J Analyte was detected at a concentration below the reporting limit and above the laboratory method detection limit. Reported value is estimated. JA Analyte positively identified but quantitation is an estimate. ME LCS Recovery Percentage is within Marginal Exceedance (ME) Control Limit range (+/- 4 SD from the mean). ND Parameter not detected at the indicated reporting limit. Q Spike recovery and RPD control limits do not apply resulting from the parameter concentration in the sample exceeding the spike concentration by a factor of four or greater. SG The sample extract was subjected to Silica Gel treatment prior to analysis. X % Recovery and/or RPD out -of -range. Z Analyte presence was not confirmed by second column or GC/MS analysis. Solid - Unless otherwise indicated, solid sample data is reported on a wet weight basis, not corrected for % moisture. All QC results are reported on a wet weight basis. Any parameter identified in 40CFR Part 136.3 Table 11 that is designated as "analyze immediately" with a holding time of <= 15 minutes (40CFR-136.3 Table 11, footnote 4), is considered a "field" test and the reported results will be qualified as being received outside of the stated holding time unless received at the laboratory within 15 minutes of the collection time. A calculated total result (Example: Total Pesticides) is the summation of each component concentration and/or, if "J" flags are reported, estimated concentration. Component concentrations showing not detected (ND) are summed into the calculated total result as zero concentrations. 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 E LL O Z a c c Y w Z a U a Z (n w a m U J m m m Q a � O 0 Z a Q (D c N m Imo^. l W C o a r Cl) W w o D 0 Lu w N `o �0 m a) \a w-- w ¢ co z O s �;-:-;- w U ' a L U w c c .� ... D..... w O o� i6 0 m 0 m C) a a aZ!S aP!Jed (W) ti9"0 W1SV a m a � � paall!d PIOU m m m paniasaJd ro 131 C C C in CD ❑ L) a n n SV Q o Panuasajdun D a a m ❑ U U U a N Z O N Q N of I— O u- Z z 0 0 . mQ U El U O X E o >- < a c o � m a { a W a N �- P v Cl) 0 ❑ < m < w � oa Q w S OO o _ v ° m E W Q g - N p C < a aO s m = m _ m c Q Q IL O N O O W i a� a) m -a m > N ' z Z N O ti It w y LL. o o Z U N y M � Q ~o C)a LU C) 3 1 T g, a QN Q Z)w Z w CN ¢ Q w 00a w -� O Q O Co .. Z in U U Q 6 Q .. '.'... ..'.'. .'. . ti eurofins CLIENT. C alscience WORK ORDER NUMBER: 1ya' L f 9 00�,? (, SAMPLE RECEIPT CHECKLIST COOLER 1 OF _L `� EA DATE: 12l,0/12017 TEMPERATURE: (Criteria: 0.0°C — 6.0°C, not frozen except sedim t/tissue) Thermometer ID: SC6 (CF: -0.4°C); Temperature (w/o CF): °C (w/ CF): v °C; ❑ Blank ample ❑ Sample(s) outside temperature criteria (PM/APM contacted by: ) ❑ Sample(s) outside temperature criteria but received on ice/chilled on same day of sampling ❑ Sample(s) received at ambient temperature; placed on ice for transport by courier Ambient Temperature: ❑ Air ❑ Filter Checked by: CUSTODY SEAL: Cooler ❑ Present and Intact ❑ Present but Not Intact ,Z-6 t Present ❑ N/A Checked by: Sample(s) ❑Present and Intact ❑Present but Not Intact Not Present ❑ N/A Checked by: SAMPLE CONDITION: Yes No N/A Chain -of -Custody (COC) document(s) received with samples ................................................... ❑ ❑ COC document(s) received complete................................................................................. ❑ ❑ ❑ Sampling date ❑ Sampling time ❑ Matrix ❑ Number of containers ❑ No analysis requested ❑ Not relinquished ❑ No relinquished date ❑ No relinquished time Sampler's name indicated on COC.................................................................................... ❑ ❑ Sample container label(s) consistent with COC..................................................................... )2r' ❑ ❑ Sample container(s) intact and in good condition.................................................................. 0-` ❑ ❑ Proper containers for analyses requested........................................................................... �K ❑ ❑ Sufficient volume/mass for analyses requested..................................................................... 9/ ❑ ❑ Samples received within holding time................................................................................. ❑ ❑ Aqueous samples for certain analyses received within 15 -minute holding time ❑ pH ❑ Residual Chlorine ❑ Dissolved Sulfide ❑ Dissolved Oxygen .............................. ❑ ❑ Proper preservation chemical(s) noted on COC and/or sample container .................................... ❑ ❑ Unpreserved aqueous sample(s) received for certain analyses ❑ Volatile Organics ❑ Total Metals ❑ Dissolved Metals Acid/base preserved samples - pH within acceptable range ..................................................... ❑ ❑ Container(s) for certain analysis free of headspace.................................................................. ❑ ❑. ❑ Volatile Organics ❑ Dissolved Gases (RSK-175) ❑ Dissolved Oxygen (SM 4500) ❑ Carbon Dioxide (SM 4500) ❑ Ferrous Iron (SM 3500) ❑ Hydrogen Sulfide (Hach) TedlarTm bag(s) free of condensation................................................................................. ❑ ❑ CONTAINER TYPE: (Trip Blank Lot Number: ) Aqueous: ❑ VOA ❑ VOAh ❑ VOAna2 ❑ 100PJ ❑ 100PJna2 ❑ 125AGB ❑ 125AGBh ❑ 125AGBp ❑ 125PB ❑ 125PBznna (pH_9) ❑ 250AGB ❑ 250CGB ❑ 250CGBs (pH_2) ❑ 250PB ❑ 250PBn (pH_2) ❑ 500AGB ❑ 500AGJ ❑ 500AGJs (pH_2) ❑ 500PB ❑ 1AGB ❑ 1AGBna2 ❑ 1AGBs (pH_2) ❑ 1AGBs (O&G) ❑ 1PB ❑ 1PBna (pH_12) ❑ ❑ ❑ Solid: ❑ 4ozCGJ ❑ 8ozCGJ ❑ 16ozCGJ ❑ Sleeve (_) ❑ EnCorese (_) ❑ TerraCoreso (_) ❑ ❑ ❑ Air: ❑ TedlarTM ❑ Canister ❑ Sorbent Tube ❑ PUF ❑ Other Matrix Lye ! ao : GK- ❑ ❑ Container: A = Amber, B = Bottle, C = Clear, E = Envelope, G = Glass, J = Jar, P = Plastic, and Z = Ziploc/Resealable Baggy Preservative: b = buffered, f = filtered, h = HCI, n = HNO3, na = NaOH, nae = Na2S203, p = H3PO4, Labeled/Checked by: '1 s = H2SO4, u = ultra -pure, x = Na2SO3+NaHSO4.H2O, znna = Zn (CH3CO2)2 + NaOH Reviewed by: \00 2017-08-29 Revision q� ¥ \ 0 0 � cr- @ 0 o 2 ) 0 k r § p : f \ / ƒLn ) c 2 ƒ \ 7 > \ LO \ \ / / \ m { ; p \ A } j § CL ƒ _ \ LU 2 } \ N CL G § I G cm 5 [ § 0 - R c I / } $ j \ § u \ & - L u -j u J 7 k } � \ 2 3 CL § \ _ k / } \ \ } \ § _ \ ) % 2 / 3 <° \ \ / j / ® _ ® \w \ ( \) \ _ 0/ \ L § ) / } \ J D \ / ® co =za ! } a y § % :d \ w t t^&& o .. E§ -f \ /� t k \ !§{ƒ 2 \ . (v 2,«@ z $/ , g = ƒ\\\ ;;{ r) § 2 )/ Oleƒ ƒ �/ \ / � �/f ƒ 2 . © 2 .©^ { f r . 2 « \ \IL / � J \ o a . « a- CL LM ] _ � ! -}R \ }\\\\\\\}\�, :- / \\\\\\}\\\\ (\� \\ 14\ ) / } { \ ) \ % -o ! ) \ \ § . . § . . zi.... /! . � —/- -_ .. �. . 22 ... \ - � \(- � ,© <` Q\� . . / '6 . �/\: .... .o - . . ... . ----- ------ _ c-»! t ! \ \\ \ \} \\!Erl } CL $ �\ co _# LM 4LH W INE GRAND CANAL DREDGING PROJECT - PHASE 3 VICINITY MAP AND PICTURES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8171-2 11/06/17 Application Certification Clean Water Act Section 401 Certification No. 302014-03 I hereby certify that the information on my application is accurate and complete, and the accompanying signature is provided per Certification Condition 1g of the issued Regional General Permit 54 (RGP 54) Clean Water Act Section 401 Water Quality Standards Certification (SARWQCB No. 302014-03). DRG2017_1104 Project Number Grand Canal Project Address(es) December 6, 2017 Project Applicant or Authorized Agent Date Signature % eurof ins The d fference is service Result] -ink Email your PM Page 1 of 9 WORK ORDER NUMBER: 17-12-0062 AIR I SOIL I WATER I MARINE CHEMISTRY Analytical Report For Client: ANCHOR QEA, LLC Client Project Name: Grand Canal Grain Size Attention: Adam Gale 27201 Puerta Real Suite 350 Mission Viejo, CA 92691-8306 Approved for release on 12/05/2017 by: Richard Villafania Project Manager Eurofins Calscience, Inc. (Calscience) certifies that the test results provided in this report meet all NELAC requirements for parameters for which accreditation is required or available. Any exceptions to NELAC requirements are noted in the case narrative. The original report of subcontracted analyses, if any, is attached to this report. The results in this report are limited to the sample(s) tested and any reproduction thereof must be made in its entirety. The client or recipient of this report is specifically prohibited from making material changes to said report and, to the extent that such changes are made, Calscience is not responsible, legally or otherwise. The client or recipient agrees to indemnify Calscience for any defense to any litigation which may arise. CA H AP TD: 20.1:4 1 A( -.,LASS DoD-ELAP ID ADE -1864 (ISO/IEC 17025 200 5) 1 1-:SDLAC ID: 10109 Page 2 of 9 ti eurofins CaIscience Contents Client Project Name: Grand Canal Grain Size Work Order Number: 17-12-0062 1 Work Order Narrative .................................................. 3 2 Sample Summary ..................................................... 4 3 Client Sample Data ................................................... 5 3.1 ASTM D4464 (M) Particle Size Laser (Solid) .............................. 5 4 Sample Analysis Summary .............................................. 6 5 Glossary of Terms and Qualifiers .......................................... 7 6 Chain-of-Custody/Sample Receipt Form .................................... 8 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 Page 3 of 9 %0 - e u rof i ns Work Order Narrative Work Order: 17-12-0062 Page 1 of 1 Condition Upon Receipt: Samples were received under Chain -of -Custody (COC) on 12/01/17. They were assigned to Work Order 17-12-0062. Unless otherwise noted on the Sample Receiving forms all samples were received in good condition and within the recommended EPA temperature criteria for the methods noted on the COC. The COC and Sample Receiving Documents are integral elements of the analytical report and are presented at the back of the report. Holding Times: All samples were analyzed within prescribed holding times (HT) and/or in accordance with the Calscience Sample Acceptance Policy unless otherwise noted in the analytical report and/or comprehensive case narrative, if required. Any parameter identified in 40CFR Part 136.3 Table II that is designated as "analyze immediately" with a holding time of <= 15 minutes (40CFR-136.3 Table ll, footnote 4), is considered a "field" test and the reported results will be qualified as being received outside of the stated holding time unless received at the laboratory within 15 minutes of the collection time. Quality Control: All quality control parameters (QC) were within established control limits except where noted in the QC summary forms or described further within this report. Subcontractor Information: Unless otherwise noted below (or on the subcontract form), no samples were subcontracted. Additional Comments: Air - Sorbent-extracted air methods (EPA TO -4A, EPA TO -10, EPA TO -13A, EPA TO -17): Analytical results are converted from mass/sample basis to mass/volume basis using client -supplied air volumes. Solid - Unless otherwise indicated, solid sample data is reported on a wet weight basis, not corrected for % moisture. All QC results are always reported on a wet weight basis. 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 eurofins 4: ienc. Client: ANCHOR QEA, LLC 27201 Puerta Real, Suite 350 Mission Viejo, CA 92691-8306 Page 4 of 9 Sample Summary Work Order: 17-12-0062 Project Name: Grand Canal Grain Size PO Number: Date/Ti me 12/01/17 15:34 Received: Number of 1 Containers: Attn: Adam Gale Sample Identification Lab Number Collection Date and Time Number of Matrix Containers GC-mid2-120117 17-12-0062-1 12/01/17 14:00 1 Solid 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 ti eurofins Analytical Report Page 5 of 9 ANCHOR QEA, LLC Date Received: 12/01/17 27201 Puerta Real, Suite 350 Work Order: 17-12-0062 Mission Viejo, CA 92691-8306 Preparation: N/A Method: ASTM D4464 (M) Units: % Project: Grand Canal Grain Size Page 1 of 1 Client Sample Number Lab Sample Date/Time Matrix Instrument Date Date/Time QC Batch ID Number Collected Prepared Analyzed GC-mid2-120117 17-12-0062-1-A 12/01/17 Solid LPSA 1 N/A 12/05/17 14:00 15:49 Parameter Result Qualifiers Clay (less than 0.00391 mm) 9.06 Silt (0.00391 to 0.0625mm) 30.33 Total Silt and Clay (0 to 0.0625mm) 39.39 Very Fine Sand (0.0625 to 0.125mm) 4.89 Fine Sand (0.125 to 0.25mm) 20.02 Medium Sand (0.25 to 0.5mm) 25.02 Coarse Sand (0.5 to 1 mm) 10.61 Very Coarse Sand (1 to 2mm) 0.070 Gravel (greater than 2mm) ND RL: Reporting Limit. DF: Dilution Factor. MDL: Method Detection Limit. 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 ti eurofins Sample Analysis Summary Report Page 6 of 9 Work Order: 17-12-0062 Page 1 of 1 Method ASTM D4464 (M) Extraction N/A Location 1: 7440 Lincoln Way, Garden Grove, CA 92841 Chemist ID Instrument 1027 LPSA 1 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 Analytical Location Page 7 of 9 Clj l -of i ns Glossary of Terms and Qualifiers C,aIsf-ierlce Work Order: 17-12-0062 Page 1 of 1 Qualifiers Definition See applicable analysis comment. < Less than the indicated value. > Greater than the indicated value. 1 Surrogate compound recovery was out of control due to a required sample dilution. Therefore, the sample data was reported without further clarification. 2 Surrogate compound recovery was out of control due to matrix interference. The associated method blank surrogate spike compound was in control and, therefore, the sample data was reported without further clarification. 3 Recovery of the Matrix Spike (MS) or Matrix Spike Duplicate (MSD) compound was out of control due to suspected matrix interference. The associated LCS recovery was in control. 4 The MS/MSD RPD was out of control due to suspected matrix interference. 5 The PDS/PDSD or PES/PESD associated with this batch of samples was out of control due to suspected matrix interference. 6 Surrogate recovery below the acceptance limit. 7 Surrogate recovery above the acceptance limit. B Analyte was present in the associated method blank. BU Sample analyzed after holding time expired. BV Sample received after holding time expired. CI See case narrative. E Concentration exceeds the calibration range. ET Sample was extracted past end of recommended max. holding time. HD The chromatographic pattern was inconsistent with the profile of the reference fuel standard. HDH The sample chromatographic pattern for TPH matches the chromatographic pattern of the specified standard but heavier hydrocarbons were also present (or detected). HDL The sample chromatographic pattern for TPH matches the chromatographic pattern of the specified standard but lighter hydrocarbons were also present (or detected). J Analyte was detected at a concentration below the reporting limit and above the laboratory method detection limit. Reported value is estimated. JA Analyte positively identified but quantitation is an estimate. ME LCS Recovery Percentage is within Marginal Exceedance (ME) Control Limit range (+/- 4 SD from the mean). ND Parameter not detected at the indicated reporting limit. Q Spike recovery and RPD control limits do not apply resulting from the parameter concentration in the sample exceeding the spike concentration by a factor of four or greater. SG The sample extract was subjected to Silica Gel treatment prior to analysis. X % Recovery and/or RPD out -of -range. Z Analyte presence was not confirmed by second column or GC/MS analysis. Solid - Unless otherwise indicated, solid sample data is reported on a wet weight basis, not corrected for % moisture. All QC results are reported on a wet weight basis. Any parameter identified in 40CFR Part 136.3 Table II that is designated as "analyze immediately" with a holding time of — 15 minutes (40CFR-136.3 Table II, footnote 4), is considered a "field" test and the reported results will be qualified as being received outside of the stated holding time unless received at the laboratory within 15 minutes of the collection time. A calculated total result (Example: Total Pesticides) is the summation of each component concentration and/or, if "J" flags are reported, estimated concentration. Component concentrations showing not detected (ND) are summed into the calculated total result as zero concentrations. 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL: (714) 895-5494 • FAX: (714) 894-7501 J; m E E LL Z O a a Q) c c � o Y a _U Z (n W a® can J m m m a 0 O 0 a c N ld.f W /rp W n W o DW Q W o o U $ N jpay{ Z'.'.'.'. Z U E . O , F a m :: . : _:;: o U .. F W W O O O O azi a �1 E S OPPed d �W) b9VVO W1SV a m a � a � PaM9111A PIO!Zf m 3 m w m PanUasaJd r w°o C Om C n C n Qo panuasadun z v v v a N Z N N N OLLZ Z O O . ® V O L) X U F U O � N El a N C) 111 y N 0 ~ a0 N tiJ ry y NIL ❑ I. I� U C �/� V / Q c m O O] I W co N O C V L m a a O _o _ >,tet C7 a o Q OZ Gi C:) CN o w r 1 N 15 a\ 5 � _ ❑ a m r > N z c m m o a N z W CNC b\ O (v rt w } W O ca (� Z J U iii N M Q o C) W U 3 a a c m Qr N ai Z W o:E J W o z r J a� T m O z —� O 0 O 311 } .. Z Cn U ❑ U ° LL ..o.. e U t'Of I h S WORK ORDER NUMBER:L— CalisciE nce , SAMPLE RECEIPT CHECKLIST COOLER l OF G�b CLIENT: A—o Q EA DATE: 12 / 2017 TEMPERATURE: (Criteria: 0.0°C — 6.0°C, not frozen except serrd�riiment/tissue) Thermometer ID: SC6 (CF: -0.4°C); Temperature (w/o CF): 1'- 9 °C (w/ CF): °C; ❑ Blank ample ❑ Sample(s) outside temperature criteria (PM/APM contacted by: ) ❑ Sample(s) outside temperature criteria but received on ice/chilled on same day of sampling ❑ Sample(s) received at ambient temperature; placed on ice for transport by courier Ambient Temperature: ❑ Air ❑ Filter Checked by: CUSTODY SEAL: 6 Cooler ❑ Present and Intact ❑ Present but Not Intact ,7z-6 t Present ❑ N/A Checked by: Sample(s) ❑Present and Intact ❑Present but Not Intactt Present ❑ N/A Checked by: SAMPLE CONDITION: Yes No N/A Chain -of -Custody (COC) document(s) received with samples ................................................... �-'f ❑ ❑ COC document(s) received complete................................................................................. ❑ ❑ ❑ Sampling date ❑ Sampling time ❑ Matrix ❑ Number of containers ❑ No analysis requested ❑ Not relinquished ❑ No relinquished date ❑ No relinquished time Sampler's name indicated on COC.................................................................................... ❑ ❑ Sample container label(s) consistent with COC..................................................................... �O" ❑ ❑ Sample container(s) intact and in good condition.................................................................. 0-` ❑ ❑ Proper containers for analyses requested........................................................................... ❑ ❑ Sufficient volume/mass for analyses requested..................................................................... ❑ ❑ Samples received within holding time................................................................................. �/ 11 ❑ Aqueous samples for certain analyses received within 15 -minute holding time ❑ pH ❑ Residual Chlorine ❑ Dissolved Sulfide ❑ Dissolved Oxygen .............................. ❑ ❑ -1:1— Proper preservation chemical(s) noted on COC and/or sample container .................................... ❑ ❑ Unpreserved aqueous sample(s) received for certain analyses ❑ Volatile Organics ❑ Total Metals ❑ Dissolved Metals Acid/base preserved samples - pH within acceptable range ..................................................... ❑ ❑ AT Container(s) for certain analysis free of headspace.................................................................. ❑ ❑ 1 ❑ Volatile Organics ❑ Dissolved Gases (RSK-175) ❑ Dissolved Oxygen (SM 4500) ❑ Carbon Dioxide (SM 4500) ❑ Ferrous Iron (SM 3500) ❑ Hydrogen Sulfide (Hach) TedlarTm bag(s) free of condensation................................................................................. ❑ ❑ CONTAINER TYPE: (Trip Blank Lot Number: ) Aqueous: ❑ VOA ❑ VOAh ❑ VOAna2 ❑ 100PJ ❑ 100PJna2 ❑ 125AGB ❑ 125AGBh ❑ 125AGBp ❑ 125PB ❑ 125PBznna (pH_9) ❑ 250AGB ❑ 250CGB ❑ 250CGBs (pH_2) ❑ 250PB ❑ 250PBn (pH_2) ❑ 500AGB ❑ 500AGJ ❑ 500AGJs (pH_2) ❑ 500PB ❑ 1AGB ❑ 1AGBna2 ❑ 1AGBs (pH_2) ❑ 1AGBs (O&G) ❑ 1PB ❑ 1PBna (pH_12) ❑ ❑ ❑ Solid: ❑ 4ozCGJ ❑ 8ozCGJ ❑ 16ozCGJ ❑ Sleeve (_) ❑ EnCoreso (_) ❑ TerraCorese (_) ❑ ❑ ❑ Air: ❑ TedlarTM ❑ Canister ❑ Sorbent Tube ❑ PUF ❑ Other Matrix/ eK : l- ❑ ❑ Container: A = Amber, B = Bottle, C = Clear, E = Envelope, G = Glass, J = Jar, P = Plastic, and Z = Ziploc/Resealable Baggy Preservative: b = buffered, f = filtered, h = HCI, n = HNO3, na = NaOH, na2 = Na2S203, p = H3PO4, Labeled/Checked by: s = H2SO4, u = ultra -pure, x = Na2SO3+NaHSO4.H2O, znna = Zn (CH3CO2)2 + NaOH Reviewed by: 2017-08-29 Revision North Grand Canal Sample #4 PARTICLE SIZE SUMMARY (ASTM D422 / D4464M) ANCHOR QEA - Mission Viejo Date Sampled: 04/04/16 Date Received: 04/06/16 Work Order No: 16-04-0313 Date Analyzed: 04/07/16 Method: ASTM D4464M Project: City of Newport Beach RGP Grain Size Analysis NB -GC -DR -04 Silt 0.020 Particle Size Distribution, wt by percent Total Mean Depth Total Grain Size Sample ID ft Description mm NB -GC -DR -04 Silt 0.020 Particle Size Distribution, wt by percent Total Very Very Total Coarse Coarse Medium Fine Fine Silt & Gravel Sand Sand Sand Sand Sand Silt Clay Clay 0.00 0.00 0.00 0.00 0.00 4.01 78.71 17.28 95.99 16-04-0313-11 -A 3 ----------------- 100 2.5 0 - 80 ao o a> 2- E E 60 j 1.5 > V 40 m 1� 0 0.5 I 5 -20 U 0Trp 0.4 1 2 4 6 10 20 40 60 100 200 400 1000 2000 Particle Diameter (pm) V 3.0 North Grand Canal Sample #5 PARTICLE SIZE SUMMARY (ASTM D422 / D4464M) ANCHOR QEA - Mission Viejo Date Sampled: 04/04/16 Date Received: 04/06/16 Work Order No: 16-04-0313 Date Analyzed: 04/07/16 Method: ASTM D4464M Project: City of Newport Beach RGP Grain Size Analysis NB -GC -DR -03 Silt 0.016 Particle Size Distribution, wt by percent Total Mean 100 Depth Total Grain Size Sample ID ft Description mm NB -GC -DR -03 Silt 0.016 Particle Size Distribution, wt by percent Total Very Very 100 4 Total Coarse Coarse Medium Fine Fine 80 0 o Silt & Gravel Sand Sand Sand Sand Sand Silt Clay Clay 0.00 0.00 0.00 0.00 0.00 0.00 80.84 19.16 100.00 16-04-0313-12-A 5 ,--------- ------ _—------------ _ 100 4 .' 80 0 o °v E 3 2 -60 o 2 V 40 m Q) 0 1 ll 20 E U 0 0 0.4 1 2 4 6 10 20 40 60 100 200 400 1000 2000 Particle Diameter (Nm) V 3.0