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HomeMy WebLinkAboutC-2276 - Upper Newport Bay (San Diego Creek) Early Action Plan & California Fish & Game marsh restorationTO: CITY CLERK FROM: Public Works Department SUJBECT: AGREEMENT TO EXTEND CONTRACT NO. 2276 Attached are three copies of the subject agreement. Please have executed on behalf of the City, retain your copy and send the remaining copies to this department. ✓John Wolter Project Manager, JW:em II .. _ . __ _. .. -:3. ., an,:.'.: . d _�_. a �.s.. ... ... "3;f :. ,.:... .. ... 0 0 AGREEMENT TO EXTEND CONTRACT NO. 2276 THIS AGREEMENT, made this c�6A.:day of 1983, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, organized and existing under and by virtue of its Charter and the Constitution and the Laws of the State of California, hereinafter referred to as "CITY ", and the J. W. MITCHELL CO., INC., a California Corporation, hereinafter referr- ed to as "CONTRACTOR" is made with reference to the following facts, materiality and the existence of which is stipulated and agreed by and between the parties: A. On or about April 23, 1982, CONTRACTOR and CITY entered into an agreement (Contract No. 2276), hereinafter referred to as "CONTRACT ", which called for CONTRACTOR to remove a large quantity of material from the Upper Newport Bay and to engage in certain construction activities as outlined in the Upper Newport Bay Early Action Plan and the California Department of Fish and Game Pilot Marsh Restoration Project; and B. The CONTRACT calls for CONTRACTOR to complete work within 180 calendar days from the date CITY awarded the CONTRACT; and C. Due to circumstances which are not attributable to unreasonable delay, or fault, on the part of CONTRACTOR the work required could not be completed prior to the date provided in the CONTRACT; and D. CONTRACTOR has satisfactorily completed all of the task required by the terms of the CONTRACT, with the exception of: Final placement and compaction of a portion of the excavated material that has been placed in the Site "A" disposal area; and E. The parties propose to extend the completion date specified in the CONTRACT without modification of any contractual provision relative to the duties to be performed by CONTRACTOR or the compensation to be paid by CITY. 0 0 F. All of the public entities and agencies that have a continuing responsibility with regard to the work to be performed by CONTRACTOR and all of those agencies and public entities that have entered into contractual arrangements with CITY, agree that the extension memoralized by this agreement is appropriate under the circumstances of this particular project. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The date of completion for the work to be performed by CONTRACTOR pursuant to the contract is hereby extended by CITY, to August 31,1983. 2. CITY shall file notices of partial completion with regard to that portion of the work that has been completed as of the date of this Agreement. 3. CONTRACTOR agrees to keep in place the Payment and Faithful Performance Bonds, previously posted pursuant to law for Contract Number 2276. The obligation of CITY to pay the funds specified in Section 4 hereof is conditioned upon the prior receipt by CITY of a written consent executed by the TRANSAMERICA INSURANCE COMPANY, to this Agreement 4. CITY shall also, with regard to work that has been completed as described in the Notice of Partial Completion, pay to CONTRACTOR all sums deducted, pursuant to the provisions of Section 9 -3 of the Standards Specifications for Public Works Construction (1979 Edition as Supplemented), from previous pay- ments for said completed work. 5. CONTRACTOR agrees to provide CITY with properly executed releases from all sub - contractors and materialmen who have heretofore filed preliminary notices pursuant to the provi- sions of Section 3247 et seq. of the Civil Code. CONTRACTOR further agrees to indemnify, defend and hold CITY harmless with respect to any claim, loss, judgment or order that may arise from, or in any way relate to, the covenants and promises con- tained within this Agreement, and this commitment of CONTRACTOR • • to defend the CITY shall extend to any and all litigation that is in any way related to this amendment and the commitments contain- ed herein and, further, CONTRACTORS agreement to defend includes the commitment to provide representation for any public entity or State agency named in the litigation, provided that said agency or entity has participated in or financed the projects described above. 6. Except as modified herein, all terms and conditions of the CONTRACT shall remain in full force and effect, and any promise or representation not set forth in this Agreement, shall be void and of no effect. ATTEST: l City Clerk APPROVED AS TO FORM: City Attorney AGB /C2276 CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH January 26, 1983 P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: — Attached for recordation is Notice of Completion of Public Works project consisting of excavation from Upper Newport Bay and San Diego Creek; the construction of low -flow channels, weir structures and drop structures in the San Diego Creek and the placement of excavated material in the Site "A" spoil area. The Contract No. is C -2276 on which J. W. Mitchell Co., Inc. was the Contractor and Transamerica Insurance Co. was the surety. Please record and return to us. Sincerely, �a> Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach E i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE: April 23, 1982 �n Ctrl TO; FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. 2276 Description of Contract Upper Newport Bay Early Action Plan and California Dept. of Fish and Game Pilot Marsh Restoration Effective date of Contract April 23, 1982 Authorized by Resolution No. Min. Act., adopted on April 12, 1982 Contract with J. W. Mitchell Co., Inc. Address 2 Thomas Irvine. CA 92714 Amount of Contract $2,783,550.80 Wanda E. Andersen City Clerk WEA:lr City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 r• CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 2:30 P.M. on the 30th day of ____MMaarrcchh ____, 19BZ, at which time such bids shall be opened and read for UPPER NEWPORT BAY EARLY ACTION PLAN AND CALIFORNIA DEPARTMENT OF FISH AND GAME PILOT MARSH RESTORATION Title of Project 2276 Contract No. $3,400,000 Engineer's Estimate N • \\� \� \ Rk\ Approved by the City Council this 22nd day of February , 1982. Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call John Wolter at 640 -2281. Project Engineer z 4 i 3/12/82 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 UPPER NEWPORT BAY EARLY ACTION PLAN SAN DIEGO CREEK AND UPPER NEWPORT BAY CONTRACT NO. 2276 NOTICE TO BIDDER: Please be advised that the following changes have been made to the Proposal and Specifications for Contract No. 2276: PROPOSAL Revise Proposal providing two schedules, "A" and "B ", for the work covered under Contract No. 2276. An award, if made, will be for only one schedule. Only bids submitted on the revised Proposal will be accepted. See attached Revised Proposal. SPECIFICATIONS 1. Section I, SCOPE OF WORK, page SP -1. Delete the last sentence in the first paragraph and add the following sentence: "Site A is intended for disposal of materials from the Upper Newport Bay and may be used for disposal of materials from the San Diego Creek if .award is based on Schedule "B." 2. Section VII, GENERAL REQUIREMENTS FOR PREPARATION OF SITE A TO RECEIVE FILL a)Page SP -7. Delete first sentence under Section VII E and add the following sentence: "Mechanical placement of fill shall be bid per Alternate A for Schedule A -and Alternate B for Schedule B as follows." b)Pg SP -9. : Delete Section VII G and add the following: "The development of Site A as shown on the plans indicates placement of a maximum of 504,000 cubic yards of material and shows the details for the base and intermediate drainage layers which would be required under Schedule A. If Schedule A is awarded and less than 504,000 cubic yards are placed in Site A, the finished surface shall be graded parallel to the finish surface shown on the plans. If Alternate B is awarded and more than 5 ®4,000 cubic yards are: placed in Site A, a new grading plan and grading permit approved by the City will be required from The Irvine Company and the Con- tractor. (See Section XXII, DISPOSAL OF EXCAVATED MATERIAL.) 1 of 2 Contract No 2276 SPECIFICATIONS (Cont'd) 3. Section I, DISPOSAL OF EXCAVATED MATERIAL, page SP -13. Delete the section and add the following: "The Irvine Company has indicated that in addition to the material from the Upper Bay, material from San Diego Creek may be placed on Site A up to a total from both sources of 700,000 cubic yards. Attached and for information only is a copy of The Irvine Company's conditions for disposal of the addi- tional material. For specific information, contact Mr. Steve Runk, 720 -2369. Site preparation and conformance with The Irvine Company requirements will be the Contractor's sole responsibility." Please sign and date this addendum and attach it to your bid proposal. No bid will be considered unless this addendum is attached. Benjamin B. Nolan ' Public Works Director JW:jd Att. I have carefully examined Adgndan No. 1. s March 30, 1982 Date S /J. 2of2 Addendum No. 1 , President g. • March 12, 1982 THE IRVINE COMPANY Conditions for the Use of Site A for Additional Stockpile Material The Irvine Company (TIC) at its sole discretion, may make the area defined as Site "A" available for disposal of additional material above the grades shown on the approved project grading plan, subject to the following conditions: 1. Additional material may be disposed on Site "A" only if the contracted fill amount (336,000 c.y.) is placed at 90% (alternate B). 2. Additional fill material shall be compacted to.90% in a manner conform- ing to the contract specifications, section VII, Alternate B. The total amount of fill material shall not exceed 700,000 c.y. 3. Contractor to provide a supplemental grading plan and, an erosion control plan to be approved by TIC. Such plan shall show limits of additional fill, slopes and proper drainage facilities. 4. Final grades of additional fill material shall describe a surface generally parallel to that shown on the contract plans. 5. Contractor shall provide a sediment basin at the Northwest corner of Site "A ". 6. Contractor shall obtain appropriate permits from the City of Newport Beach and any other public agency approvals. 7. Additional fill material shall be the material removed from San Diego Creek channel. 8. Contractor shall construct berms at the top of placed additional fill material to control surface runoff and protect slopes. 9. Contractor shall plant exposed slopes with approved plant material to prevent erosion. 10. Grading plan shall provide setbacks to toe of fill of additional fill material, as required by the Irvine Company. 11. All additional material (stockpile) shall become the property of The Irvine Company at the time of approved placement on Site "A" unless specifically approved. 12. The City will provide to TIC copies of certifications from the soils engineer and approvals regarding the placement of additional material at 90% compaction. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 UPPER NEWPORT BAY EARLY ACTION PLAN SAN DIEGO CREEK AND UPPER NEWPORT BAY CONTRACT N0. 2276 NOTICE TO BIDDER: Please be advised that the following changes have been made to the Proposal and Plans (M- 5212 -S) for Contract No. 2276: PROPOSAL Revise Proposal Schedule "A" and Schedule "B ". Delete Item #16 and add the following Item #16. i Lll 4UAIII III tiu•i VCJ1.rtlrlluii UI \11 IV IHL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Modify the existing 24" outlet and construct new 60" outlet and struc- ture from Site "A" to San Diego Creek, complete in place as shown on the Plans @ Dollars and Cents $ $ Per Lump Sum Remove pages PR -4 and PR -8 from the Proposal and replace with new pages PR -4 and PR -8. PLANS (M- 5212 -S) Sheet 4- -Added existing 15" A.C. pipe down drain with note to be connected to new outlet structure. - -Added new outlet structure -- Revised grades to provide drainage through Site "A ". Sheet 5-- Deleted 24" C.S.P. drain. -- Relocated down drain. -- Revised grades to provide drainage through Site "A ". 1 of 2 Sheet 7 -- Modify Section A existing 24" outlet and new stand pipe. -- Modify Detail 1 existing 24" outlet and new stand pipe. - -Added Detail 7 new 60" outlet and structure. Included for your information are copies of the plans with the aforementioned changes. Plan changes per this addendum supersede plans previously issued. Please sign and date this addendum and attach it to your bid proposal. No bid will be considered unless this Addendum No. 2, and Addendum No. 1 are attached. CL CI Don Webb City Engineer I have carefully examined Addendum No: . MITQHQLL,CIO., INC. March 30, 1982 S /J. t hel •Jr ,President Date v, � - __z- -- 2of2 .? 1 PROPOSAL UPPER NEWPORT BAY EARLY ACTION PLAN SAN DIEGO CREEK AND UPPER NEWPORT BAY IMPROVEMENTS CONTRACT NO. 2276 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contracts No. 2276 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: SCHEDULE A Item Quantity Item Description Unit To ta No. and Unit Unit Price Written in Words Price Price 1. 260,000 Mass excavation from Station C.Y. 33 +10 to Station 77 +60 @ Two Dollars and Thirt Cents $ 2.30 $ 598,000.00 Per Cu is and 2. 90,000 Mass excavation from Station C.Y. 81 +60 to Station 99 +80. @ Two Dollars and 'Or' -eight Cents $ 2.48 $ 223,200.00 Per Cubic and 3. Lump Excavation of low -flow channel Sum from Station 8 +24 to Station 31 +80. Hundred Fifty @ Sixty Thousand Eight / Dollars and 60,850.80 Eighty Cents $ $ Lump Sum PR -1 .i SCHEDULE A Item Quantity Item Description Unit TUEal No. and Unit Unit Price Written in Words Price Price 4. Lump Concrete channel section at Sum Station 19 +00. 5. 6. @ Fifteen Thousand Dollars and No Cents $ $ 15,000.00 Lump Sum Lump Demolition and removal of the Sum existing weir at Station 50 +21 including modification to exist- ing culvert per Detail D /8. @ Seven Thousand Dollars and 7,000.00 No Cents $ $ Lump um Lump Construction of weir structure Sum at MacArthur Boulevard. Thousand @ One Hundred Thirty -Five/ Dollars and No Cents $ Lump Sum 7. Lump Construction of drop structure Sum at Campus Drive. @ Two Hundred Thirty Thousandollars and NO Cents $ Lump Sum $ 135,000.00 $ 230 ,000.00 $. Lump Construction of weir structure Sum at Campus Drive. Thousand @ One Hundred Seventy/ Dollars and 170,000.00 No Cents $ $ Lump um 9. Lump Construction of drop structure Sum at Station 100 +00. Thousand @ One Hundred Eighty -Five/ Dollars and No Cents $ $ 185,000.00 Lump Sum PR -2 9 PR -3 SCHEDULE A Item Quantity Item Description Unit Total No. and Unit Unit Price Written in Words Price Price 10. 1,200 Miscellaneous grouted riprap S.Y. at existing culvert outlets. @ Thirty Dollars and No Cents $ 30.00 $ 36,000.00 Per Square Yard 11. Lump Surface preparation for Site A Sum area. @ Fourteen Thousand Dollars and NO Cents $ $ 14,000.00 Lump Sum 12. Lump Base drainage layer for Site A. Sum @ Twenty -One Thousand Dollars and No Cents $ $ 21,000.00 Lump Sum 13. Lump Intermediate drainage layer for Sum Site A. @ Eighty -Five Thousand Dollars and No Cents $ $ 85,000.00 Lump Sum 14. 336,000 Excavate material from Upper C.Y. Newpport Bay and place in Site A. at 80% of maximum density per aternate A of the special provisions @ Two Dollars and Fifty Cents $ 2.50 $840,000.00 Per Cubic Yard 15. Lump Construction of drop structure Sum at Jamboree Road. Thousand @ One Hundred Thirty/ Dollars and No Cents $ $ 130,000.00 Lump Sum PR -3 SCHEDULE A item quantity item De ription Unit Total No. and Unit Unit Price W *an in Wnrdc Prira Prirc 16. Lump Sum Modify the existing 2 , ` ptlet and construct new 60" outle and struc- ture from Site "A" to San Diego Creek, complete in place as shown on the Plans 17. Lump Sum 18. 200 C. Y. @ Twenty -three Thousand Dollars and No Cents $ Per Lump Sum Project sign. @ Five Hundred Dollars and No Cents Per Lump Sum $ Excavate and place imported 3/4" gravel bedding in groundwater or unstable ground. @ Fifty Dollars and NO Cents Per Cubic Yard TOTAL BID PRICE FOR SCHEDULE A WRITTEN IN WORDS AND FIGURES: Two Million Seven Hundred Eighty - three thousand five hundred fifty Dollars and Eighty Cents PR -4 50.00 23,000.00 500.00 10,000.00 TOTAL BID $ 2,783,550.80 SCHEDULE B Item Quantity Item Description Unit To tal No. and Unit Unit Price Written in Words Price Price 1. 260,000 Mass excavation from Station C.Y. 33 +10 to Station 77 +60 2. 90,000 C. Y. 3. Lump Sum Dollars and Cents $ $ Per Cubic Yard Mass excavation from Station 81 +60 to Station 99 +80. @ Dollars and Cents $ $ Per Cubic Yard Excavation of low -flow channel from Station 8 +24 to Station 31 +80. @ Dollars and Cents $ $ Lump Sum PR -5 a SCHEDULE B 0 Item Quantity Item Description Unit Total- No. and Unit Unit Price Written in Words Price Price 4. Lump Concrete channel section at Sum Station 19 +00. @ Dollars and Cents $ $ Lump Sum 5. Lump Demolition and removal of the Sum existing weir at Station 50 +21 including modification to exist- ing culvert per Detail D /8. @ Dollars and Cents $ $ Lump Sum 6. Lump Construction of weir structure Sum at MacArthur Boulevard. @ Dollars and Cents $ $ Lump Sum 7. Lump Construction of drop structure Sum at Campus Drive. -- @ Dollars and Cents $ $ Lump Sum 8. Lump Construction of weir structure Sum at Campus Drive. @ Dollars and Cents $ $ Lump Sum 9. Lump Construction of drop structure Sum at Station 100 +00. 0 SCHEDULE B • Item Quantity Item Description Unit Total. No. and Unit Unit Price Written in Words Price Price 10. 1,200 Miscellaneous grouted riprap S.Y. at existing culvert outlets. @ Dollars and Cents $ $ 14. 336,000 Per 9quare Yard C.Y. Newport Bay and 11. Lump Surface preparation for Site A compaction per Sum area. the Special Provisions. @ Dollars @ Dollars and , and Cents $ Per Cubic Yard ump um 15. Lump Construction of 12. mp B nage layer for Site A. um @ s and an Cents Cents $ ump Sum 13. mp iate drainage layer for 73iteA. and Cents $ 14. 336,000 Excavate material from Upper C.Y. Newport Bay and place in Site A. at 90% relative compaction per Alternate B of the Special Provisions. @ Dollars and Cents Per Cubic Yard 15. Lump Construction of drop structure Sum at Jamboree Road. @ Dollars and Cents Lump Sum PR -7. E (DELETED) (DELETED) i SCHEDULE B 0 Item Quantity a Description Unit Tota No. and Unit Unit Price Written in Words Price Price 16. Lump Sum Modify the existing 24" outlet and construct new 60" outlet and struc- ture from Site "A" to San Diego Creek, complete in place as shown on the Plans @ Dollars and Cents $ $ Per Lump Sum 17. Lump Sum Project sign. @ Dollars and Cents Per Lump Sum $ $ 18. 200 C.Y. Excavate and place imported 3/4" gravel bedding in groundwater or unstable ground. @ Dollars and Cents $ $ Per Cubic Yard TOTAL BID PRICE FOR SCHEDULE B WRITTEN IN WORDS AND FIGURES: Dollars and Cents TOTAL BID TOTAL BID SCHEDULE A TOTAL BID SCHEDULE B March 30, 1982 Date 294838 Contractor's License No. ( 714) 951 -7625 Telephone No. J. 4. mitciAll qo.J Inc. Bid r s a S /J. President (Autlt7 Signature # 2 Thomas, Irvine, California 92714 dress PR-8 • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed b all provisions of the California Labor Code relating to prevailing wage ra s S c ions 1770 -7981 in- clusive). The Contractor shall be responsible for ompl a ce with Section 1777.5 of the California Labor Code for all apprenticeab a occ pa io 294838 - General Engineering, Type A 3, . MIT 0 , IN Contr's Lic. No. & Classification Bidde March 30, 1982 S /J. yWoh7el l,i;�DPresident Date Authori d Signature /Title Page 3 DESIGNATION OF SUBCONTRACTORS) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. 2. NO SUBCONTRACTORS 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 0 FOR ORIGINAL SEE CITY CLERK' LE COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, J. W. MITCHELL CO., INC. , as bidder, and TRANSAMERICA INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF BID AMOUNT - - - - - - - - - - - - - Dollars ($10% OF BID ) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of ATION UPPER NEWPORT BAY EARLY ACTION PLAN & CALIFORNIA DEPT. OF FISH & GAME PILOT MARSH RESTOR -/ Title of Project Contract No. 2276 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our han s nd s als this 29th day Of March , 19 82 (Attach acknowledgement of Attorney -in -Fact) S /Elizabeth Crerar Comm. ex. Mar. 29, 1984 W. ., INC. S /J. President Aut r zed Sign ture /Title TRANSAMERICA INSURANCE COMPANY By S /Patricia M. White Title Attorney -in -Fact • Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 30th day of March 19 82. My commission expires: July 26, 1985 S /Jerilyn L. Halley Notary Public FOOIGINAL SEE CITY CLERK'S FILE 0 Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. On file with City Clerk . W. MI,MELL GO., INC. hel "., President led Signature /Title &OR ORIGINAL SEE CITY CLERK'S I COPY Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Tel ON FILE WITH CITY CLERK • • Page 8 N O T I C E The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since 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 sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Resister Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratin a Guide: prvi Property - Casualty. Coverages shall be oded for TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with documents shall be absorbed in include those contained in (1) Standard Soecifications for Pu the specifications of these contract the bid. Such specifications shall each contract document and (2) the lic Works Construction (latest edi- tion aaoptea ror use in the pity of Newport Beach), except as supplemented or modified by the Special Provisions for this project. r � 11 BOND #5240 76 96 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That • Page 9 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 12, 1982 has awarded to J. W. Mitchell Co., Inc. hereinafter designated as the "Principal ", a contract for Upper Newport Bay Early Action Plan and California Department of Fish and Game Pilot Marsh Restoration C -2276 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach: WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 J.W. MITCHELL Co., INC, as Principal, and TRANSAIUMCA VASURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of TWO MILLION SEVEN NUNDHED EIGHTY THREE THOUSAND FIVE H of a NOtLOO )> 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon J Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said 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 or the specifications accompanying the same 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 dul executed by the Principal and Surety above named, on the 16th day of APIVM , 19 Approved.as to form: mzo City Attorney J.W. [ITC L 0., INC. (Seal ie I Contr cto P inci pal - noriz m gnature and iitie J. W. M HELL, JR., PRESIDENT Authorized Signature and Title THAIISAMMA INSURANCE COWAN! (Seal) Name of Surety 69S TOWR CHTMR DRM /400, COSTA l�SA, CAL. Address of Surety c -- i Signature and Atle of Authorized Agent DAM C. HAWK, ATPORM = TACT Address of Agent Telephone No. of Agent / /«2 // 0 77 / 2 / k « / /v p� 2 � \�/`■�7777� �'rl � .141 / .� « ƒ� � f 2 ƒJ_ 2 lb ƒ/� £ ~ FF .1b / a ƒ £m f J J F sr{ £ » / �/ f / / f/\ / f @ ƒ / I ff/ ` rb b ƒ . ƒ AUTHORITY OF SIGNERS FOR SURETY Transcripts from the By -Laws Transamerica Insurance services Transamerica Insurance Company I, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify: That the following have been duly appointed Resident Officers or Attorneys. in -Fact of TRANSAMERICA INSURANCE COMPANY with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto, and to bind TRANSAMERICA INSURANCE COMPANY thereby. I do further certify that the authority of the Resident Officers or Attorneys -in -Fact, hereinafter listed, is in full force and effect. RESIDENT PLACE VICE PRESIDENTS COSTA MESA, R.C. LIITTSCh'WAGER CALIFORNIA — — — — — — — — — — RESIDENT SECRETARIES R.C. LIITTSCHWAGE'. DOUCLAS C. NILES DAVID C. BANFER PATRICIA M. WHITE ATTORNEYS IN FACT R.C. LIITTSCPWAG DOiTGLAS C. NILES DAVID, C. BANT FR PATRICIA ". N117IT I do further certify that the following transcript from Article VII of the By -Laws of TRANSAMERICA INSURANCE COMPANY is a just, true and correct copy of the original thereof and is still in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re- insurance acceptances or agreements, surety and co- surety obliga- tions and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; pro- vided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seat thereto. This certification is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANY at a meeting duty called and held on the 27th day of December, 1962: RESOLVED, that the signature of the Secretary and the seal of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys -in -fact by facsimile, and any such Certificate bearing such facsimile signature seal shall be valid and binding upon the Company when so affixed, and in the future, with respect to any bond, undertaking or contract of surety- ship or any document or notice pertaining thereto, to which it is attached. Given under my hand and the seal of the Company, C this '{'t1 day of 'P `►(/'�/�/��'1/9/v 5<crewl� 1723 • • Page 11 Bond 05240 76 96 FAITHFUL PERFORMANCE BOND Pru w $19,489.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 12, 1982 has awarded to J. W. Mitchell Co., Inc. hereinafter designated as the "Principal ", a contract for Upper Newport Bay Early Action Plan and California Department of Fish and Game Pilot Marsh Restoration C -2276 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, J.W. NITCHM CO., INC. as Principal, and TSANSAIR&M INSURANCE CONPAN! as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of TWO MILLION SEWU NONDMM 319M TMW THOUSAND FM NONDWf?F l'Y($ 2,783,550.00- -) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said 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 or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice Faithful Performance Bond (Continued) • Page 12 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 Principal and Surety above named, on the 16th day of APRIL , 19 82 Authorized Signature and Title TRANSAMERICA TN89RAIM COIWANY (Seal ) Name of Surety 695 TMN CIQITRR DRIVE #400, COSTA MESA, CAL. Address of Surety Signature and Tit a of Authorized Agent DAVID C. sAIM, AMORM IN FACT Approved as 0 to form: ) Address of Agent f �L City Attorney Telephone No. of Agent ?-I- N� O 9� o� 2 SO a CA 4a v lepl ;: mot, o• �ES�io�yN '1 4 m n° 7L 04 lop a Q" ew yo c�o� jA 00 roP. y� to N n n 9 � o I �O 0 9 d N oC O C� pp�±±3'' O 0 C+ °'0' Ohm SSE 6 :� 9y tv o yta ° OA ps y�vo� � ` 9 A�.e o• 7 3'00' � z0A 7 a A t t w `°g oy� yon Q A AUTHORITY OF SIGNERS FOR SURETY Transcripts from the By-Laws Transamerica Insurance Services Transamerica Insurance Company 1, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify That the following have been duly appointed Resident Officers or Attoineys -in -fact of TRANSAMERICA INSURANCE COMPANY with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto, and to bind TRANSAMERICA INSURANCE COMPANY thereby. 1 do further certify that the authority of the Resident Officers or Attorneys -in -Fact, hereinafter listed, is in full force and effect. RESIDENT RESIDENT ATTORNEYS PLACE VICE PRESIDENTS SECRETARIES IN FACT COSTA MESA, R.C. LIITTSCh7gAGEP. R.C. LIITTSCH'dAGEP. R.C. LIITTSCWAG CALIFORNIA - - - - - - - - - - DOUGLAS C. NILES DOTICLAS C. NILES - - - - - - - - DAVID C. BANFER DAVID C. BANFF.7 - - - PATRICIA. ` ". M111TE PATT'ICIA : ".- VIIT I do further certify that the following transcript from Article VII or the rsy -Laws or IMAXI AlatnlGA In3UI1AA6C UUq IAAT is a just, true and correct copy of the original thereof and is still in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts ofindemnity, endorsements, stipulations, waivers, consents of sureties, re- insurance acceptances or agreements, surety and co- surety obliga- tions and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (m) any Vice President, or (iv) any other person empowered by the Board or Directors, the President or any Vice President to give such authorization{ pro. vided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice Resident, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This certificatior is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANY at a meeting duly called and held on the 27th day of December, 1962: RESOLVED, that the signature of the Secretary and the seal of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys -in -Fact by facsimile, and any such Certificate bearing such facsimile signature seal shall be valid and binding upon the Company when so affixed, and in the future, with respect to any bond, undertaking or contract of surety- ship or any document or notice pertaining thereto, to which it is attached. Given under my hand land the seal of the Company, '� Q" this \ � _ day of � � , 19 U o2 T-f t J�" 1723 Secretary CERTIFICATE OF 1NSUP.ANCE • City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED J. W. MITCHELL CO., INC. ET AL #2 Thomas Page 13 IES AFFORDING COVERAGES Company Letter A United States Fidelity & Guaranty Co. uompany B Letter Company C Letter Company D Letter Company E Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). :VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. � By: Agency: JAY WILLIAMS AGENCY /,.INSURANCE SERVICES ,Authorized Representative hpril 12, 1982 Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport 3each by or on behalf of the named insured in connection with the following designated contract: Upper Newport Bay Early Action Plan and California Department of Fish and Game Pilot e r lOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terries, exclusions and conditions of such policies, including attached endorsements. a Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro ucts/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form P81356 4 -10 -83 Bodily Injury $ _ $ x Premises - Operations Property Damage $ $ X Explosion & Collapse Hazard x Underground Hazard ' x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance x Broad Form Property Damage Damage Combined $ 500. $ 500. x Independent Contractors x Personal Injury Marine Personal Injury 500. $ 500. Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form 4P81356 4 -10 -83 Bodily Injury (Each Person $ Owned $ Bodi y Injury (Each Occurrence Hired Pro ert e 0 Non -owned Body y InjDama ury and Property Damage Combined $ 500. EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form C P983134 4 -10 -83 and Property Damage Combined $ 2,000. $ 2,000. WORKERS' COMPENSATION Statutor and EMPLOYER'S LIABILITY 4)0323814.7-1-82 l ac Accident) :VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. � By: Agency: JAY WILLIAMS AGENCY /,.INSURANCE SERVICES ,Authorized Representative hpril 12, 1982 Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport 3each by or on behalf of the named insured in connection with the following designated contract: Upper Newport Bay Early Action Plan and California Department of Fish and Game Pilot e r lOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terries, exclusions and conditions of such policies, including attached endorsements. a 0 • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach; The Irvine Co.; the State of California, the State Water Resources Control Board; Orange County Environmental Management Agency; the Consultant and his consultants; their officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insur- ance extended by this endorsement to said additional insureds does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insureds shall apply as primary insurance and no other insurance maintained by the additional insureds will be called upon to con- tribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability 4 each occurrence ( x) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ 2,5oo,000. each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Upper Newport Bay Early Action Plan and California Department 5. Designated Contract: of Fish and Game Pilot Marsh Restoration C -2276 Project Title and Contract No. This endorsement is effective 4 -12 -82 at 12:01 A.M. and forms a part of Policy NO. Mp81 jr,6 F CT29811 7Q Named Insured 7 W MITCHELL CO INC ET At Endorsement No. 1 Name of\ Insurance';Company U. S. Fidelity & Guaranty Co. QI ve 0 Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach; The Irvine Co.; the State of California; the State Water Resources Control Board; Orange County Environmental Management Agency; the Consultant and his consultants; their officers and employees are additional insureds, but only -?ect to liability arising out of operations performed by or on behalf of th<: nsured in connection with the contract designated below or acts and ommissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insureds shall apply as primary insurance and no other insurance maintained by the additional insureds will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provisions: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract, designated below, between the named insured and the additional insureds. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability each occurrence Property Damage Liability $ each occurrence (J Single Limit Bodily Injury Liability and Property Damage Liability Combined $ 2.500,000. each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occur- rence in excess of the limits of liability stated in the policy as applicable to Comprehensive General Liability Insurance. _ 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. upper Newport Bay Early Action Plan and California Department 7. Designated Contract: Qf Fish Game Pilot Marsh Restoration C -2276 Project Title and Contract No. This endorsement is effective 4 -12 -82 atl2:01 A.M. and forms a part of Policy No. MP81356 & CED983134 Named Insured J. W. MITCHELL CO., INC. ET AL Endorsement No. 2 Name Insurance ompany u. S. Fidelity & Guaranty Co. By Au or ea ep sentative 4J r . ai ro LO N N H P4 h N N U 11 �i N N 0 S- C) O L C •U b 4°• O � G1 G1 .0 •r r Y :••- ° U O N y E i H O r..O O � Y'y C .co ro v h •- me Y rt3 ep O 7 ' N O N �n i C . t 7 •r Y. 1 C �a d vOi d n v 'C E OY O Y U Y J r' d O1 O 3 j n 541 m L 4 O O N _- C d O i 0) Y O 3 c ro 3 �o •r v� L C Ol E •.- aL t oME rL 4J O E r L C) O 4J r . ai ro LO N N H P4 h N N U 11 "I am aware of and will comply with Section 3700.of the Labor Code, requiring every employer to be insured against liability for.Workers' compensation or to undertake self - insurance before commencing any of the work." April 15 1982 Date J./W- JITCI)M CO., INC.' JI.A -. Mitchell, Jr., President • 0 Page 16 CONTRACT THIS AGREEMENT, entered into this day of 19c-, by and between the CITY OF NEWPORT BEACH, hereinafter "City,' and J. W. Mitchell Co., Inc. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Upper Newport Bay Early Action Plan and California Department of Fish and Game Pilot Marsh Restoration C -2276 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Upper Newport Bay Early Action Plan and California Department of Fish and Game Pilot Marsh Restoration e C -2276 Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Two Million Seven Hundred Ei ht -three thousand five hundred fifty dollars & eighty cents($ 3, . 0 ). This compensation includes 1 any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (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, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) , �J 0 Page 17 (f) Plans and Special Provisions for Upper Newport Bay Early Action Plan No_ 2276 itle of ProjeG : Contract No. (g) This Contract. x 41. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH BY � q"�. iz�e� Pro ATTEST: City Clerk APPROVED AS TO FORM: CITY J. W. /ITCH CO , INC. _ City Attorney rac or By Its J W chell J President By Its CONTRACTOR January 17, 1984 J. W. Mitchell Co., Inc. 2 Thomas Irvine, CA 92714 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK 1714 640 -2251 Subject: Surety: Transamerica Insurance Co. Bonds No.: 5240 76 96 Project: Upper Newport Bay Early Action Plan & Marsh Restoration Contract No.: C -2276 The City Council on December 12, 1983 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded with the Orange County Recorder on December 21, 1983, Reference No. 83- 578730. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen CITY CLERK fJDr-iP. cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 PLEASE RETURN TO: b'ity Clerk ity of Newport Beach 331300 Newport Blvd. 0. Box 1768 w ewport Beach,CA 92663 -3884 Q NO CONISIDER4HON Et6 rw C ra el py, C13 NOTICF. OF COMPLETION PUBLIC WORKS 8# 0" 7, -730 RMORDEO OF ORAM EIC UNTY,ICALIFORNIA -2H PM DEC 21 '83 1 o All Laborers and Material Men and to Every Other Person Intereste `9 ��l���PG�' �✓ r 12 1 YOU WILL PLEASE TAKE NOTICE that on Decembe , 98 � � _ Nor the Public Works project consisting of Upper Newport Bay Early Action latt an California Department of Fish and Game Pilot Marsh Restoration (C- 2276) \? on which J. W. Mitchell Co.. Inc. #2 Thomas, Irvine. CA 92714 was the contractor, and Transamerica Insurance Co., P.O. Box 5330, Costa Mesa, CA 92626 was the surety, was completed. VERIFICATION I, the undersigned, say: CIT OF NEWPORT BEACH ublic 'Forks Director I am the Public Works Director of the City of Newport-Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 14, 1983 at Newport Beach, California. J/ic iforks Director 4 VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on December 12, 1983 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 14, 1983 at Newport Beach, California. City Clerk ! 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (7141640-2251 December 14, 1983 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: xt Attached for recordation is Notice of Completion of Public Works project consisting of Upper Newport Bay Early Action Plan & California Department of Fish and Game Marsh Restoration, Contract No. 2276 on which J. W. Mitchell was the Contractor and Transamerica Insurance Company was the Surety. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk 1' �I;H47 Attachment City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 TO: CITY COUNCIL r BY THE CITY COUNCIL CITY OF NEWPORT BEACH December 12, 1983 DEC 121983 CITY COUNCI AGENDA ITEM NO. APPROVED FROM: Public Works Department SUBJECT: ACCEPTANCE OF UPPER NEWPORT BAY EARLY ACTION PLAN AND CALIFORNIA DEPARTMENT OF FISH AND GAME PILOT MARSH RESTORATIO RECOMMENDATIONS: 1. Accept the remaining portion of the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: On January 24, 1983, the Council accepted the work completed to that date on the subject project. There remained the final placement and compaction of spoil material in the Site "A" disposal area. This work has now been completed to the satisfaction of the Public Works Department. The Contractor is the J. W. Mitchell Company of Irvine, Cali- fornia. The completion date for the work in Site "A" was August 31, 1983. Due to the unusual rains in the spring and the summer tropical storms, the work was not completed until October 1, 1983. Benjamin B. Nolan Public Works Director GPD:do 'Tease return to. .ity Clerk "'Ity of Newport Beach 3300 Newport Blvd. P.O, I;t NouNpar . Beach, CA 92663.3884 ONN NO CU rl" TIQN 83- 048927 E.«nW ,e nt (. Cone �eVU va Oaemmem Bl W NOTICE OF PARTIAL COMPLETION PUBLIC WORKS C2 To all Laborers and Material Men and to Every Other Person Interested YOU WILL PLEASE TAKE NOTICE that on January 24, 1983 CIC 1983- the Public Works project consisting of excavation from the Upper Newport Bay and San Diego Creek; the construction of low -flow channels weir structures and drop structures in the San Diego Creek and the placement of excavated material in the Site "A" spoil area (C -2276) on which J. W. Mitchell Co.. Inc.. #2 Thomas. Irvine. CA 92714. was the contractor, and Transamerica Insurance Company, P.O. Box 5330, Costa Mesa, CA 92626, was the surety, was completed. A portion of the work (final compaction of 100,000 cubic yards in Site "A" spoil area) in the amount of $45,000 remains to be completed after the rainy season. RIFICATION I, the undersigned, say: CITY OF NEWPORT BEACH J 44 Pu is Wor s Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Partial Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on t'4VVRtJs 26, X993 at Newport Beach, California. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on January 24, 1983, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on , a —zw7s, :���, /�a= at Newport Beach, California. OF OUAgOf COUNTY, -400 P'v J431 '83 TO FROM SUBJECT JAN 24. 1983 CITY COUNCIL 4!. C +d; CGJAiCIL _ C.° . A ACH Public Works Department C January 24, 1983 CITY COUNCI_�_AGENDA ITEM NO. /— — i UPPER NEWPORT BAY EARLY ACTION PLAN AND CALIFORNIA DEPARTMENT OF FISH AND GAME PILOT MARSH RESTORATION (C -2276) RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute an agreement with the J. W. Mitchell Company to extend Contract No. 2276. 2. Accept the work completed to date. Completed - -All work in Upper Newport Bay and San Diego Creek. Remaining--Final placement and compaction of spoil material in S to A disposal area. 3. Authorize the City Clerk to file a Notice of Partial Completion. DISCUSSION: The Contractor has completed the work in Upper Newport Bay and San Diego Creek under terms of the subject contract. The rains experienced in November and December have left the Site "A" disposal area too wet to complete placement and compaction of the spoil material as specified in the contract specifications. Since the contract has been substantially completed, City staff recommends that the Council accept the work in the Upper Bay and San Diego Creek as completed; and execute an agreement with the Contractor to extend Contract No. 2276 to allow for final placement of material in Site "A" during the coming summer months. Terms of the agreement to extend the contract provide: 1. Extend date of completion to August 31, 1983. 2. City to file Notice of Partial Completion with regard to work completed. 3. City to pay retention for completed work in accordance with the standard specifications. 4. The sum of $45,000 to be retained by the City for remaining work. 5. Original contract bonds to remain in force. Final approval and acceptance of the work completed to date has been received from the California Department of Fish and Game, the California State Water Resources Control Board, and the Orange County Environmental Management Agency. The Irvine Company has reviewed the agreement to extend the contract and has extended the term of the City's agreement to use the Site "A" disposal area to September 1, 1983. E January 24, 1983 Subject: Contract 2276 Page 2 The contract costs are as follows: The bid price Amount of Unit Price Items Constructed Amount of Unit Price Items Remaining Amount of Change Orders Total Contract Cost Seven change orders were issued as follows: $2,783,550.80 2,502,155.04 45,000.00 763,761.46 $3,310,916.50 C.C.O. #1 Deleted bid item #13, inter- mediate drainage layer Deduct $ ( 85,000.00) Deleted 50,500 c.y. Upper Bay excavation due to new basin configuration Deduct (126,250.00) Added 207,900 c.y, excavation in Upper Bay Add 609,147.00 #Note: C.C.O. #1 was authorized by the City Council and approved by the State at the time of orig- inal contract award. C.C.O. #2 Added 200 c.y. excavation in Upper Bay as required mitigation for construction of 35th Street street end Add 586.00 C.C.O. #3A Installed timber piles for temporary haul road bridge over M.W.D. line Add 24,822.00 C.C.O. #3B Double handle material at MacArthur Bridge structure in order to avoid delay at M.W.D. crossing Add 12,800.00 C.C.O. #3C Construct and remove tem- porary haul road bridge at M.W.D. crossing Add 98,691.70 C.C.O. #3D Double handle material at Campus Bridge structure in order to avoid delay at M.W.D. crossing Add 12,800.00 0 January 24, 1983 Subject: Contract 2276 Page 3 P C.C.O. #4 Construct riprap protection adjacent to bike and pedes- trian bridge where Bonita Canyon Creek enters San Diego Creek Financing of the project was as follows: California Dept. of Fish & Game California State Water Resources Board Orange County EMA The Irvine Co. The City of Newport Beach TOTAL PROJECT Add $ 4,914.76 700,000.00 2,750,000.00 83,333.00 83,333.00 83,334.00 $3,700,000.00 The design engineering was performed by Boyle Engineering. The Contractor is the J. W. Mitchell Company of Irvine, California. The original contract date of completion was October 20, 1982. Due to rain delays and additional time for extra work, the contract time was extended to December 1, 1982. All work in the Upper Bay and San Diego Creek was completed by December 1, 1982. The new contract date of completion to allow for final work in Site "A" is August 31, 1983. Benjamin B. Nolan Public Works Director JW:jd Att. See Contract File for C -2276 Aerial Photos Newport Bay Watershed Early Action Plan Facilities I I � • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR UPPER NEWPORT BAY EARLY ACTION PLAN SAN DIEGO CREEK AND UPPER NEWPORT BAY CONTRACT NO. 2276 Section Page I Scope of Work . . . . . . . . . . . . . . SP -1 II Completion, Schedule, and Prosecution of the Work . . . . . . . . . . . . . . . . . SP -2 III Measurement and Payment . . . . . . . . . SP -3 IV Definitions . . . . . . . . . . . . . . . SP -5 V Traffic Control and Access for Work Within San Diego Creek. . . . . . . . . . SP -5 VI Controls /Guidelines for Work in Upper Newport Bay . . . . . . . . . . . . . . . SP -5 VII General Requirements for Preparation of Site A to Receive Fill. . . . . . . . . . SP -7 VIII Permits and Licenses. . . . . . . . . . . SP -9 IX . Payment Bond . . . . . . . . . . . . . . . SP -10 X Agency. Notifications. . . . . . . . . . . SP -10 XI Existing Utilities and Bridge Structures. SP -10 XI Project Site Maintenance. . . . . . . . . SP -10 XIII Sedimentation Control Plan. . . . . . . . SP -10 XIV Safety . . . . . . . . . . . . . . . . . . SP -11 Index - 1 Index - 2 INDEX - Continued Section Page XV Existing Drawings and Soils Report. . . . SP -11 XVI Workers' Compensation Insurance . . . . . SP -11 XVII Indemnification . . . . . . . . . . . . . SP -11 XVIII Guarantee . . . . . . . . . . . . . . . . SP -12 XIX Fair Employment Practices . . . . . . . . SP -12 XX Contractor's Records. . . . . . . . . . . SP -12 XXI Construction Survey Control . . . . . . . SP -12 XXII Disposal of Excavated Material. . . . . . SP -13 CONSTRUCTION DETAILS Modifications to PART 2 - Construction Materials A Section 200 - Rock Materials 200 -1.6 Stone for Riprap. . . . . . . SP -13 8 Section 201 - Concrete, Mortar, and Related Materials 201 -1.1.1 General . . . . . . . . . . . SP -15 201 -1.3.2 Aggregates. . . . . . . . . . SP -15 201 -1.4.1 Mixing - General. . . . . SP -15 201 -1.4.2 Paving and Stationary Mixers. SP -15 201 -1.4.3 Transit Mixers. . . . . . . . SP -16 201 -1.4.4 Hand Mixing . . . . . . . . . SP -16 201 -2.2 Steel Reinforcement for Concrete - Reinforcing Steel. . . . . . . . . SP -16 201 -4.1 Concrete Curing Compound - General. . . . . . . . . . SP -16 C Section 211 - Soils and Aggregate Tests 211 -2.1 Compaction Tests - Laboratory Maximum Density. . . . . . SP -16 211 -2.2 Field Density . . . . . . . . SP -16 D Section 213 - Filter Fabric . . . . . . . SP -17 Index - 2 0 0 ` INDEX - Continued Section Page Modifications to PART 3 - Construction Methods E Section 300 - Earthwork 300 -3.1 Structure Excavation and Backfill - General . . . . SP -18 300 -3.2 Cofferdams. . . . . . . SP -18 300 -3.5 Structure Backfill. . . . . . SP -18 300 -4.2 Unclassified Fill - Preparation of Fill Areas. . . . . . . . . . . SP -19 300 -4.5 Placing Materials for Fills . SP -19 300 -4.7 Compacting. . . . . . . . . . SP -19 F ADD THE FOLLOWING: 300 -8.1 Weir and Drop Structures - Installation of Filter Fabric . . . . . . . SP -19 300 -8.2 Placement of Backing and Riprap Stone . . . . . . . SP -20 G Section 303 - Concrete and Masonry Construction 303 -1.8.1 Placing Concrete - General. SP -21 303 -1.8.9 Pumped Concrete . . . . . . . SP -22 APPENDIX Compacted Fill Moisture - Density Relationship Fair Employment Practices Addendum California Regional Water Quality Control Board - Waste Discharge Requirements - Order No. 81 -168 U.S. Army Corps of Engineers - Permit No. 81 -109 Coastal Development Permit No. 5 -81 -126 California Department of Fish and Game, Agreement Regarding Proposed Stream or Lake Alteration, Notification No. V -81 -209 Letter From County of Orange, General Services Agency, Solid Waste Management Division, Dated January 21, 1982 Index - 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS ZI]1.i UPPER NEWPORT BAY L EARLY ACTION PLAN SAN DIEGO CREEK AND UPPER NEWPORT BAY IMPROVEMENTS 1981 -82 CONTRACT NO. 2276 SCOPE OF WORK The work to be done under this Contract is within the San Diego Creek Flood Control Channel and Upper Newport Bay. San Diego Creek work includes the excavation of two sedimentation basins and low -flow channels, removal of an existing weir structure, construction of new weirs and drop structures, and disposal of all excavated or removed materials. Weir and drop structures could be riprap or concrete, at the Contractor's option. Upper Newport Bay work includes excavation of a sedimentation /marsh restoration basin and preparation of disposal Site A. Site A is intended for disposal of materials from San Diego Creek and Upper Newport Bay, up to its indicated capacity. The City has a limited budget for this Contract. Consequently, after assessment of the bids, the scope of work may be modified to conform to the budget. The Contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing M- 5210 -5 and M- 5212 -5), the City's Standard S ecial Provisions and Standard Drawings, 1980 edition, and t e ity's standard Specifications. The City's Standard Specifications are the Standard S ecifications for Public Works Construction, 1979 e i ion an an supplements ereina ter referred to as the Standard Specifications). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard 4 S ecia1 Provisions and Standard Drawings may be purchased rom e u is or s epar men a a cost of $5. The City's Standard Specifications, Standard Special Provisions, andStandarTl�ings are included inn Fie contract documents for said project by this reference. SP -1 II COMPLETION SCHEDULE AND PROSECUTION OF THE WORK The award, if made, will be within 60 days after the opening of bids. All work included in the Contract shall be completed within 180 consecutive calendar days from the date the City awards the Contract. The Contractor shall submit a complete construction plan and schedule for review by the Engineer within two weeks after award of the Contract. Included shall be his plan and schedule for compliance with the conditions of the Water Quality Control Board permit. Approval of these proposed plans and schedules shall be required prior to issuance of the Notice To Proceed. The Contractor's schedule shall consider the phasing of the work, traffic control, access, and limitation on hours of construction. A. Hours of construction are limited to the following times: Monday through Friday -- 7:00 a.m. to 6:30 p.m. Saturday -- 8:00 a.m. to 6:00 p.m. B. Necessary site ingress and egress by heavy construction equipment or trucks will require short -term temporary closure(s) of street to vehicular traffic. Such closures) shall be indicated in the construction schedule for approval by the Engineer and shall be subject to the following: 1. Minimum street width of 20 feet for two -way traffic. 2. Minimum street width of 10 feet for one -way traffic, controlled by a minimum of two flagmen, between 9 a.m. and 4 p.m. Monday through Friday. 3. Additional flagmen provided as necessary for truck traffic into and out of the site. 4. Engineer's approval of vehicular and pedestrian traffic control Drawings per Section V, "Traffic Control and Access," herein. C. Traffic control measures shall be approved by the cities of Newport Beach and Irvine. The following guidelines will be applied: 1. Restrict access to only Campus Drive and Michelson Drive west of San Diego Creek. SP -2 • • 2. At Campus Drive, just west of University Drive, restrict creek access to right turn ingress and egress only. 3. Project traffic exiting onto Campus Drive shall only proceed southeasterly to University Drive. 4. Utilize flagmen on Campus Drive whenever the Campus Drive access is utilized. 5. Project traffic shall only use University Drive between MacArthur and Campus Drive due to truck route restrictions. 6. All truck queuing, when entering or exiting, shall occur onsite and not on a public street. No truck shall be stopped within 10 feet of a travel lane. 7• At Michelson, just west of the creek, restrict traffic ingress to right turn only and allow right or left turn egress. D. Weirs, low -flow channels, and drop structures shall be completed prior to starting of mass excavation in the creek, but no later than September 1, 1982. E. Excavated material stockpiled within the limits of San Diego Creek shall be removed at least 12 hours in advance of possible flood flows. III MEASUREMENT AND PAYMENT The total price bid for the work shall, unless otherwise stated, include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complete the work. Compensation for work shown on the Plans or described in the Specifications but not separately provided for in the Bid Proposal shall be included in the total price bid. Measurement for payment of quantities of mass excavation shall be based upon monthly surveyed cross sections by the Owner's Representative; however, the mass excavation pay lines shall not extend below the limits of excavation shown on the Plans. Material stockpiled within the limits of San Diego Creek will not be included for payment. The bid items for weir and drop structures shall include full compensation for excavation, backfill, and either filter fabric and rock riprap placement or placement of concrete slabs; except that concrete slabs may require placement of a gravel foundation. The necessity for foundation gravel will be determined solely by the Owner's Representative; compensation will be covered by Bid Item No. 18. SP -3 l 0 Payment for the drop structure at Campus Drive shall include construction of the low -flow channel to the downstream drop structure and required miscellaneous grading under the Campus Drive bridge or the concrete lining between the weir and drop structures. The bid item for surface preparation for Site A shall include full compensation for clearing and grubbing, scarification and compaction of the natural surface, construction of dikes, dewatering system (if required), and settlement platforms. The bid item for Site A drainage layers shall include full compensation for drain piping, filter fabric, excavation and backfill for pipe installation, and sand blanket. In the event of flooding caused by nature (during or immediately following a rainstorm which causes the Contractor's work to be suspended) during the course of the prosecution of this Contract, the following shall apply: A. Additional mass excavation, as determined from measurements by the Owner's Representative, may be required at the sole option of the City. Payment shall be based upon the unit bid price for mass excavation. B. Dewatering of the mass excavation areas upstream of Jamboree Boulevard shall be paid for by the Contractor at his sole expense. C. Dewatering of the mass excavation area downstream of Jamboree Boulevard that is necessitated as a direct result of such flooding shall be paid for as an extra item at the rate of $500 per day of required pumping to a maximum of $10,000 per occurrence. The necessity for such pumping shall be determined by the City. D. The Contractor shall keep himself sufficiently informed of weather conditions to enable the removal of his equipment and personnel from the flood path. Protection of equipment and personnel from damage shall be included in unit prices bid, and no additional compensation will be allowed. E. Partial or complete reconstruction of temporary cofferdams, diversions, levees, construction roads, or other nonpay items that are necessitated by such a flood shall be completed at no extra cost to the City except that which may apply under III -A above. SP -4 r 0 IV DEFINITIONS PART 1 - General Provisions of the STANDARD SPECIFICATIONS A. SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1 -2 Definitions ADD THE FOLLOWING DEFINITION: Consulting Engineer - Boyle Engineering Corporation and its subsidiaries. B. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 -3 Liability Insurance The word Agency in Subsection 7 -3 shall mean "the City of Newport Beach; The Irvine Company; the State of California; California Department of Fish and Game; the State Water Resources Control Board and their officers, agents, and employees; Orange County Environmental Management Agency (OCEMA); the Consulting Engineer and their consultants." V TRAFFIC CONTROL AND ACCESS FOR WORK WITHIN SAN DIEGO CREEK The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and Work Area Traffic Control Handbook (WATCH), 1976 edition. The Contractor shall submit written traffic control Drawings to the cities of Newport Beach and Irvine for review within two weeks of award of Contract. The Drawings shall consist of the following: A. A complete and separate Drawing for each stage of construction proposed by the Contractor or required herein. B. Each Drawing shall show (a) the locations of control, warning and guidance devices, and flagmen; (b) the widths of streets; (c) the periods of street closures; and (d) any other details required to assure that all vehicular traffic will be handled in a safe and efficient manner with a minimum of inconvenience. VI CONTROLS /GUIDELINES FOR WORK IN UPPER NEWPORT BAY A. Contractor shall not use any existing public roadway for construction traffic without prior written approval of the City of Newport Beach. SP -5 B. At no time shall the Contractor allow any equipment or personnel outside of an imaginary line located 50 feet laterally from the limits of mass excavation, as shown on the Plan, without prior written permission from the City. C. Should Contractor propose to construct cofferdams, construction roads, or levees using borrow to be obtained outside of the limits of mass excavation as shown on the Plan, he shall submit plans and schedule to the City for review within two weeks after award of Contract. D. Contractor shall utilize San Diego Creek Channel for access from Upper Newport Bay to Site A and shall obtain a permit from the OCEMA for this purpose. Contractor may cross the existing levee that is common with Site A, subject to the conditions of the OCEMA permit. E. Contractor shall not block flow in San Diego Creek without providing an acceptable bypass channel for the low flow of San Diego Creek. Plans and schedule shall be submitted to the City for review within two weeks after awared of Contract. F. Contractor may, at his option, lower, remove, or cover portions of the existing paved bike trail under or near Jamboree Bridge for the purpose of gaining access to Site A. Contractor shall avoid damage to the existing bridge, piers, and abutments and shall, at the end of the project, reconstruct the paved bike trail and levee to their original condition, to the satisfaction of the City. The bike path may only be closed temporarily. Ramps, signing, etc., will be required to provide bike access during the project. During working hours, the Contractor shall provide a flagman to regulate bike traffic. During the course of any closure of the bike path, the Contractor shall provide signs at the MacArthur entrance and the Jamboree entrance informing the public of such closure. Contractor shall submit plans and schedule to the City for review within two weeks after award of Contract. G. The toe of mass fill on Site A shall at no time be placed closer than 10 feet horizontally from the existing sewerline. Contractor shall protect the sewer at all times during construction. SP -6 VII H. The existing 24 -inch drain line to San Diego Creek is to be used for disposal of underdrain water and must be incorporated into the drainage system for the top of fill, as shown on the Plans. GENERAL REQUIREMENTS FOR PREPARATION OF SITE A TO RECEIVE FILL All site cleanup and mechanical grading will be subject to observation and testing by a representative of the City's geotechnical engineer and must conform to the following requirements and those of the City of Newport Beach. A. A pregrading meeting to be attended by representative of the Contractor, City's geotechnical engineer, City of Newport Beach, the Consulting Engineer, and The Irvine Company shall be required to ensure proper coordination and understanding of the necessary site grading. B. All existing vegetation, trash, debris, or surface obstructions should be removed and disposed of offsite. C. All existing uncompacted fill must be excavated. The material may be replaced as properly compacted fill, if free of all deleterious matter and approved by the geotechnical engineer. D. All fill must consist of earth material free of trash, debris, or significant concentrations of vegetation. E. For mechanical placement of fill, either Alternate A or Alternate B following may be chosen by the City at the time of award of the Contract. 1. Alternate A a. The clean natural ground shall be scarified, brought to about optimum moisture content, and compacted to a minimum 90% relative compaction for a minimum depth of 8 inches. b. Horizontal drainage shall be established beneath areas to receive fill as described in F -1 or F -2 following. c. Mass fill shall be spread in thin lifts not exceeding 8 inches in thickness and dried just sufficiently to permit compaction to at least 80% of maximum density. In association with this alternate, it is planned that the fill will be surcharged and further consolidated by others at some time in the future. SP -7 Iq 11 In order to successfully attain such future consolidation, it is necessary that the proposed fill be compacted and thereafter maintained at as high a moisture content as possible. Therefore, the determination of the required moisture content shall be based on the compacted field dry density achieved and the moisture - density curve developed by ASTM D 1557 -70 for the specific soil type. This requisite field moisture content shall be no less than 3% below the value indicated by the moisture - density curve for the field dry density achieved (see appendix). d. Intermediate horizontal drainage layers consistent with F -1 below shall be provided at vertical intervals not exceeding 6 feet. e. Five settlement platforms shall be installed at locations determined by the project geotechnical engineer. Extreme care must be exercised during grading to prevent any damage to the settlement platform rods. 2. Alternate B a. The clean natural ground shall be scarified, brought to about optimum moisture content, and compacted to a minimum 90% relative compaction for a minimum depth of 8 inches. b. Mass fill shall be spread in loose lifts not exceeding 8 inches in thickness, dried sufficiently to permit required compaction, and compacted to 90% relative compaction. c. Five settlement platforms shall be installed at locations determined by the project geotechnical engineer. Extreme care must be exercised during grading to prevent any damage to the settlement platform rods. F. Sufficient horizontal drainage must be provided to aid in the eventual consolidation of either hydraulically or mechanically placed fill. Intermediate drainage layers shall conform to F -1 below. The base drainage layer may consist of either System F -1 or F -2 described below. 1. A continuous sand blanket having a minimum thickness of 1 foot shall be placed in areas to receive fine - grained fill and compated to 90% relative compaction. Upon approval, this blanket may consist of the uppermost granular sediments ffm • located within the San Diego Creek Channel or Upper Newport Bay Basin. Four - inch - diameter perforated plastic drainpipes wrapped with nonwoven filter fabric (EOS -100 or finer) shall be placed in the sand blanket at intervals not exceeding 300 feet. The pipes shall be connected at their northerly terminus to a similarly wrapped perforated pipe which shall discharge into San Diego Creek Channel. The drainpipes shall be placed subsequent to the placement and compaction of the sand blanket. 2. The native surface sediments presently located on Site A may be used as the drainage medium, provided drainage pipes as described in Section 6 -a are placed at least 2 feet below the prepared and compacted grade and are spaced at intervals not exceeding 100 feet. G. The development of Site A as shown on the Plans indicates placement of a maximum of 504,000 cubic yards of material. If less than the maximum quantity is placed in Site A, the finished surface shall be graded parallel to the finish surface shown on the Plans. Modifications required due to differences in quantities shall be reviewed by the City. VIII PERMITS AND LICENSES The Contractor shall purchase a valid City of Newport Beach business license. Before disposing of any demolition or excavation material at any sanitary landfill site in Orange County, the Contractor shall obtain a permit from the County Solid Waste Management Division. The requirements for placement of material in Coyote Canyon sanitary landfill are contained in a letter in the Appendix of these specifications. The City has obtained permits from the California Regional Water Quality Control Board, Santa Ana Region; U.S. Army Corps of Engineers; California Coastal Zone Commission; and California Department of Fish and Game. The Department of Fish and Game permit has been extended until December 1982; recommendation No. 1 will not require restoration of vegetation within the limits of the work area. The Contractor shall enforce the permit requirements; copies are included in the Appendix for reference. The Contractor shall obtain a right -of -entry permit from The Irvine Company at least 10 days prior to start of construction. The Contractor shall be fully and solely responsible for meeting all the requirements of the permit, at his expense. The Contractor shall obtain a permit for the use of the San Diego Creek Channel from the OCEMA. SP -9 IX PAYMENT BOND n L� A payment bond for 100% of the estimated amount of the Contract will be required. ENCY NOTIFICATIONS The Contractor shall notify OCEMA (Mr. Bill Reiter, 834 -7083) and the City of Irvine (Mr. Bob Storchheim, 754 -3769) at least one week prior to start of construction. The Mesa Consolidated Water District plans to install cathodic test stations on their 42 -inch pipeline in the vicinity of Station 19 +00. Coordinate with MCWD (Mr. Jeff Renna, 631 - 1200). XI EXISTING UTILITIES AND BRIDGE STRUCTURES Construction of the items in this Contract will cause work to be performed near existing water, storm drains, gaslines, sewerlines, powerlines, and telephone lines. The Contractor shall investigate, locate, and protect all existing utilities in conformance with Part 1, Section 5 of the Standard Specifications. He shall protect in place and be responsible for, at his own expense, any damage caused to existing utilities, culverts, or bridge structures during construction. XII PROJECT SITE MAINTENANCE The Contractor shall provide project site maintenance in compliance with Part 1, Subsection 7 -8 "Project Site Maintenance" of the Standard Specifications. The Contractor shall furnish and operate a self - loading motor sweeper to keep paved haul areas clear as directed by the Engineer. XIII SEDIMENTATION CONTROL PLAN The Contractor shall submit his proposed methods of construction and sedimentation controls to the City and the Water Quality Control Board, Santa Ana Region (6833 Indiana Avenue, Suite 1, Riverside, California 92506, telephone 714/684 -9330, Mr. John Zasadzinski) within two weeks after award of Contract. Upon approval of the plan by the City and the Board, the Contractor shall be responsible for the implementation and maintenance of the control facilities. The City will be responsible for testing of return water from Site A. SP -10 XIV SAFETY In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, 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 safety of the public and workers. XV EXISTING DRAWINGS AND SOILS REPORT Existing construction drawings and the soils report prepared by Moore and Taber are on file in the Public Works Department offices, City of Newport Beach, and may be examined by all bidders. XVI WORKERS' COMPENSATION INSURANCE In addition to the requirements specified in Subsection 7 -4, "Workers' Compensation Insurance," of the Standard Specifications, the Contractor shall provide an endorsement to the certificate of insurance on the forms provided waiving any right of subrogation it may acquire against the City of Newport Beach, the Consulting Engineer, their officers and employees by reason of any payment made on account of injury including death resulting therefrom sustained by any employee of the insured. XVII INDEMNIFICATION In addition to the indemnification requirements in Subsection 7 -3 of the Standard Specifications, the following shall apply: In any and all claims against the indemnified parties by any employee of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation in Subsection 7 -3 of the Standard Specifications shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any subcontractor, or any supplier or other person under workers' compensation acts, disability benefit acts, or other employee acts. The indemnity obligations of the Contractor in Subsection 7 -3 of the Standard Specifications shall not extend to the liability of the Consulting Engineer, their directors, officers, employees, and agents arising out of or resulting SP -11 from or in connection with the preparation of designs, Plans, and specifications providing that the foregoing was the sole and exclusive cause of the loss, damage, or injury. XVIII GUARANTEE The Contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the Contractor's expense. XIX FAIR EMPLOYMENT PRACTICES The Contractor shall conform to the requirements outlined in the "Fair Employment Practices Addendum" contained in the appendix of this specification. XX CONTRACTOR'S RECORDS The Contractor shall maintain books, records, and documents in accordance with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project or the final audit (whichever is later); during this time, the material shall be made available to the City or its representative. Suitable facilities are to be provided for access, inspection, and copying of this material. XXI CONSTRUCTION SURVEY CONTROL The Owner's Representative will provide one set each of the following construction survey controls at no charge to the Contractor: 1. For use in constructing slope banks: One cut /fill stake at ground surface on appropriate offset at the top or toe of the slope at intervals to be determined by the Owner's Representative with the necessary construction data marked thereon. 2. For use in constructing drop and weir structures: The structures will be controlled by a stake line running along the upstream and /or downstream face of structure at intervals to be determined by the Owner's Representative with out or fill to finished grade or flow line indicated on a grade sheet. SP -12 XXII 0 s 3. For use in constructing underdrains in disposal Site A: Stakes will be set for line only at intervals to be determined by the Owner's Representative along the 300 -foot pipe spacing alignment as shown on the Plans. Contractor is responsible for any other drain layout. Such surveys shall constitute instructions from the Owner's Representative, and the Contractor shall not proceed with the work until construction stakes have been provided. The Contractor shall give written notice for each increment of such construction staking to the Owner's Representative, on the forms provided by the Owner's Representative for the purpose, at least two full working days in advance of the time of need. He shall indicate on these forms accurately what is required, clarifying as necessary by use of diagrams. DISPOSAL OF EXCAVATED MATERIAL As an alternative to disposal Site A, The Irvine Company may have a disposal site available. For specific information, contact Mr. Steve Runk, 720 -2369. Site preparation and conformance with The Irvine Company requirements will be the Contractor's sole responsibility. CONSTRUCTION DETAILS PART 2 - Construction Materials shall conform to the Standard Specifications except as modified herein: A. SECTION 200 - ROCK MATERIALS 200 -1.6 Stone for Riprap Cobblestones shall not be used. All stones shall be angular, each piece having its greatest dimension not more than three times its least dimension. The specific gravity shall be not less than 2.62. Existing riprap located at the exits from the side storm drainpipes and reinforced concrete boxes into San Diego Creek Channel shall be restored if removed during the prosecution of this work. Two -ton riprap shall conform to the following gradation: Rock Size Percent Larger Than 4 tons 0 to 5 2 tons 50 to 100 1 ton 95 to 100 SP -13 L 0 Half -ton riprap shall conform to the following gradation: Rock Size Percent Larger Than 1 ton 0 to 5 1/2 ton 50 to 100 1/4 ton 95 to 100 One- quarter -ton riprap shall conform to the following gradation: Rock Size Percent Larger Than 112 ton 0 to 5 1/4 ton 50 to 100 75 pounds 95 to 100 "Facing" riprap shall conform to the following gradation: Rock Size Percent Larger Than 200 pounds 0 to 5 75 pounds 50 to 100 25 pounds 90 to 100 No. 2 backing material shall conform to the following gradation: Rock Size Percent Larger Than 75 pounds 0 to 5 25 pounds 25 to 75 5 pounds 90 to 100 No. 3 backing material shall conform to the following gradation: Rock Size Percent Larger Than 25 pounds 0 to 5 5 pounds 25 to 75 1 pound 90 to 100 Gradation curves will be required for review by the Engineer. All points on individual grading curves obtained from representative samples of stone shall lie between limits as defined by a smooth curve drawn through tabulated grading limits plotted on a mechanical analysis diagram. The grading curves within these limits shall not show abrupt changes in slope denoting skip grading, scalping of certain sizes, or other irregularities which would be detrimental to SP -14 proper functioning of stone. Gradation testing shall be performed by an approved testing laboratory on samples selected by the Engineer, at the Contractor's expense. B. SECTION 201 - CONCRETE. MORTAR. AND RELATED MATERIALS 201 -1.1.1 General. ADD: All concrete shall have a compressive strength of not less than 2,500 psi at 28 days. Slump shall be 3 to 4 inches. Mix design shall be submitted to the Engineer at least 15 days before placing any of the concrete. 201 -1.3.2 Aggregates. ADD: Combined aggregate gradations shall be Grading D. 201 -1.4 Mixing. ADD: Concrete shall be either jobsite mixed in paving or stationary mixers or plant batched and transported to the jobsite in transit mixers. 201 -1.4.1 General. Prepackaged unmixed concrete shall not be allowed. 201 -1.4.2 Paving and Stationary Mixers. MODIFY THE SECOND PARAGRAPH TO CONFORM WITH THE FOLLOWING: Mixing time shall be as follows: For mixer of a capacity of 1 cubic yard or less, one and one -half minutes after batching is complete. For mixers of capacities larger than 1 cubic yard, the time of mixing shall be one and one -half minutes plus 30 seconds for each additional 1/2 -cubic yard capacity or fraction thereof in excess of 1 cubic yard. SP -15 9 0 201 -1.4.3 Transit Mixers. ADD PARAGRAPHS AFTER LISTING OF INFORMATION FOR WEIGHMASTER'S CERTIFICATE: Transit -mixed concrete may be certified by mix design number, provided a copy of the mix proportions are kept on file at the batch plant location for a period of at least four years after the completion date of this Contract. 201 -1.4.4 Hand Mixing. Hand -mixed concrete shall not be allowed. 201 -2 Steel Reinforcement for Concrete 201 -2.2 Reinforcing Steel. DELETE THE FIRST PARAGRAPH. ADD: Reinforcing steel shall conform to ASTM A 615, Grade 40. Tie wire shall be annealed steel wire, not lighter than 16 gage. The Contractor shall furnish to the Engineer certified mill test reports showing physical and chemical analyses on each lot of reinforcing steel. 201 -4 Concrete Curing Compound 201 -4.1 General. ADD: Curing compounds shall be either Type 1 (clear) or Type 2 (white) conforming to ASTM C 309. C. SECTION 211 - SOILS AND AGGREGATE TESTS 211 -2 Compaction Tests 211 -2.1 Laboratory Maximum Density Maximum dry density at optimum moisture content shall be determined in accordance with ASTM D 1557 for fine materials. Maximum dry density at optimum moisture content shall be determined in accordance with Calif. Test Method 216 -G for coarse materials. 211 -2.2 Field Density REPLACE THE ENTIRE PARAGRAPH WITH: Field density of soil or untreated base materials shall be determined in accordance with ASTM D 1556. SP -16 L9 ADD THE FOLLOWING: SECTION 213 - FILTER FABRIC Filter fabric shall be composed of strong rot -proof fibers oriented into a stable network such that the fibers retain their relative positions with respect to each other. The fabric shall be free of any chemical treatment or coating which might significantly reduce permeability and shall have no flaws or defects which could significantly alter its physical properties. The following physical property requirements shall be met: Water Permeability 10-2 cm /see min. Grab Strength - wet (ASTM D 1682) 90 lbs min. Grab Elongation - wet (ASTM D 1682) 20% min. The following fabrics meet the requirements of these specifications: Polyfilter -X as distributed by the Erosion Control Division of Carthage Mills, Inc., Cincinnati, Ohio 45216; Mirafi 140 as distributed by Celanese Fibers Marketing Company, P.O. Box 1414, Charlotte, North Carolina 28232; and Mono - filter as distributed by Menardi- Souther, 3908 Colgate, Houston, Texas 77017. When the materials are used, a mill certificate or affidavit that the material to be installed is the same material as one of those named above and that the fabric does meet the specifications shall be submitted to the Engineer. If a fabric which is not described above is proposed for use, tests required herein and any other tests required by the Engineer shall be furnished at no expense to the City. Mill certificate or affidavit signed by a company officer authorized to sign such documents from the company manufacturing the fabric shall be furnished to the Engineer. SP -17 0 9 PART 3 - Construction Methods shall conform to the Standard Specifications except as modified herein. E. SECTION 300 - EARTHWORK 300 -3 Structure Excavation and Backfill 300 -3.1 General ADD: Structure excavation shall include the removal of all material of whatever nature necessary for construction of weirs and drop structures as shown on the Plans. Excavations shall be made to the full depth and width required to accommodate the new construction. In all cases, the excavations shall be made in conformance with the excavation safety provisions of Subsection 7- 10.4.1 in the Standard Specifications. Excavations in close proximity to existing structures shall be made so as to protect said structures from damage. Control of Water: The Contractor shall provide and maintain, at all times during construction, ample means and devices with which to promptly remove and properly dispose of all necessary water entering the excavations or other parts of the work. The Contractor shall dispose of the water associated with the work in a suitable manner without damage to adjacent property and in conformance with Subsection 7 -8.6. Water shall be disposed of in such manner as not to be a menace to the public health. 300 -3.2 Cofferdams ADD: Cofferdams shall include earth dams or levees constructed to maintain or divert the existing flow in San Diego Creek during construction of weirs, drop structures, low -flow channels, and during mass excavation. Plans for such cofferdams shall be submitted for approval within two weeks after award of Contract. 300 -3.5 Structure Backfill ADD: Native sands and silty sands may be utilized for structure backfill upon approval by the City. SP -18 F 300 -4 Unclassified Fill 300 -4.2 Preparation of Fill Areas ADD: After clearing and grubbing, the mass fill area of Site A shall be overexcavated 8 inches, scarified, and compacted to 90% relative compaction. 300 -4.5 Placing Materials for Fills DELETE THE THIRD AND FOURTH PARAGRAPHS. ADD: Mass fill material for Site A shall be placed in layers which, when compacted, shall not exceed 6 inches. Each layer shall be spread evenly and shall be thoroughly mixed during the spreading to ensure uniformity of material and moisture in each layer. When the moisture content of the fill material is above optimum, the fill material shall be dried by satisfactory methods until the moisture content is sufficiently near optimum. 300 -4.7 Compacting DELETE THE SECOND PARAGRAPH. ADD: Mass fill for Site A shall be compacted throughout to 80% relative compaction (Alternate A) or 90% relative compaction (Alternate B). ADD THE FOLLOWING: 300 -8 Weir and Drop Structures 300 -8.1 Installation of Filter Fabric The surface to receive the fabric shall be free of obstructions, depressions, and debris. The filter shall be loosely laid and not placed in a stretched condition. The strips shall be placed to provide a minimum 18 inches of overlap for each joint. Securing pins, minimum 12 inches long with washers, shall be inserted through both strips of overlapped fabric at not greater than 6 -foot intervals along a line through the midpoint of the overlap. Additional pins shall be installed as necessary to prevent any slippage of the filter fabric regardless of the location. The fabric SP -19 shall be protected at all times during construction from extensive exposure to sunlight. Any fabric damaged during its installation or during placement of riprap shall be replaced at no expense to the City. Bedding and riprap shall not be dropped on the fabric from a height greater than 3 feet. 300 -8.2 Placement of Backing and Riprap Stone Placement tolerances for finished surfaces shall be +/ -6 inches from indicated lines and grades. Backing material shall be placed directly on the filter fabric. After completion of this phase, riprap shall be placed on the backing stone. Stone for riprap shall be placed in a manner which will produce a reasonable well - graded mass of stone with the minimum practicable percentage of voids. The entire mass of stone shall be placed in conformance with the lines, grades, and thicknessses shown on the Plans. Riprap shall be placed to its full course thickness in one operation and in a manner to avoid displacing the underlying material. Placing of riprap in layers by dumping into chutes or by similar method likely to cause segregation will not be permitted. Self- propelled equipment shall not be used on embankment slopes. The larger stones shall be well distributed and the entire mass of stone shall conform to the gradation specified. All material going into riprap protection shall be so placed and distributed that there will be no large accumulations of either the larger or smaller sizes of stone. It is the intent of these Specifications to produce a fairly compact riprap protection in which all sizes of material are placed in their proper proportions. Hand placing or rearranging of individual stones by mechanical equipment may be required as necessary to secure the specified results. SP -20 • 0 G. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303 -1.8 Placing Concrete 303 -1.8.1 General ADD: Equipment for chuting, pumping, and pneumatically conveying concrete shall be of such size and design as to ensure a continuous flow of concrete at the delivery end without separation of the materials. Chutes and devices for conveying and depositing concrete shall be so designed and used that the concrete shall be directed vertically downward when discharged from the chute or conveying device. Chutes for conveying concrete shall be kept thoroughly cleaned by washing and scaping. Placement of concrete shall be consistent with indicated construction joints. The Contractor shall notify the Engineer of his readiness, not just his intention, to place concrete in any portion of the work. This notification shall be such time in advance of the operation as the Engineer deems necessary for him to make final inspection of the preparation at the location of the proposed concrete placing. All forms, steel, screeds, anchors, ties, and inserts shall be in place before the Contractor's notification of readiness is given to the Engineer. Concrete shall not be placed until all reinforcement is securely and properly fastened in its correct position. Subgrade shall be moistened before concrete is placed. DELETE SUBSECTION 303- 1.8.7. ADD THE FOLLOWING: No concrete shall be placed during rainstorms. Concrete placed immediately before rain shall be protected to prevent rainwater from coming in contact with it. Sufficient protective covering shall be kept on hand at all times for this purpose. Hot Weather Temperature Control. When the weather is such that the temperature of the concrete as placed would exceed 900 F the Contractor shall employ ice or other effective means of cooling the concrete during mixing and transportation so that the temperature of the concrete as placed will not exceed 900 F. SP -21 0 0 Precautions shall be taken when placing concrete during hot weather to eliminate early or "flash" setting of concrete. This includes protection of reinforcing from direct sunlight to prevent heating of reinforcing, placing concrete during cooler hours of the day, and the proper and timely application of specified curing methods. ADD SUBSECTION 303 - 1.8.9: 303 -1.8.9 Pumped Concrete. Pump size shall be based on rate of concrete placement, length of delivery pipe or hose, aggregate size, mix proportions, vertical lift, and slump of concrete. Minimum inside diameter of pipe or hose shall be based on the maximum aggregate size as follows: Grading D (3/4- inch - maximum aggregate) 2- inch - minimum ID Grading C (1 -1/2- inch - maximum aggregate) 4- inch - minimum ID Aluminum pipes shall not be used for delivery of concrete to the forms. Before pumping is started, the delivery pipe or hose shall be primed by pumping mortar through the line using 5 gallons of mortar for each 50 feet of delivery line. H. ADD THE FOLLOWING: 303 -6 Weir and Drop Structures 303 -6.1 General Filter fabric shall be installed per Subsection 300 -8.1 of these specifications. SP -22 23 0 0 APPERaiX_ Ym COI :PACTED FILL �:OISTGRE- DENSITY RELATIOJSHIP w f-loisture-densitj U I I CL by ASTM D1557 -70 90% relative I —� - - -- Yl •N compaction C I 0J compaction — I---- - I I —� - -- 1 I I 1 , I I I I L 0 Y2 COI :PACTED FILL �:OISTGRE- DENSITY RELATIOJSHIP Wo Wl' Wl W2' W2 Moisture Content - % Ym = Maximum dry density Wo = Optimum moisture content Relative Compaction = field dry density maximum dry density Wl' = W1 - 3% W2' = W2 - 3% For relative compaction between 80' and 900, the moisture content shall be within the shaded area corresponding to the field dry density achieved. f-loisture-densitj curve I I developed by ASTM D1557 -70 90% relative I —� - - -- — compaction Su% relative1 I compaction — I---- - I I —� - -- 1 I I 1 , I I I I Wo Wl' Wl W2' W2 Moisture Content - % Ym = Maximum dry density Wo = Optimum moisture content Relative Compaction = field dry density maximum dry density Wl' = W1 - 3% W2' = W2 - 3% For relative compaction between 80' and 900, the moisture content shall be within the shaded area corresponding to the field dry density achieved. FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will -not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation: and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his /her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a. willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fai, Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor Code Section 1426, which has oecome final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his /her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 for further details. STD. 3 (0 /77) California Regional Water Quality Control Board Santa Ana Region ORDER NO. 81 -168 NPDES No. CA 0106887 Waste Discharge Requirements for the City of Newport Beach Upper Newport Bay /San Diego Creek Dredging Orange County The California Regional Water Quality Control Board, Santa Ana Region (here- inafter Board), finds that: 1. The City of Newport Beach (hereinafter discharger) has proposed to conduct dyed of Upper Newport Bay /San Diego Creek (latitude 33039 0 ", longitude 117052'0''). 2. The discharger, by application No. CA 0106887 dated April 30, 1981, has applied for a National Pollutant Discharge Elimination System permit for the discharge of clarified wastewater to Newport Bay/ San Diego Creek. 3. The discharger proposes to hydraulically dredge approximately 250,000 cubic yards (191,138 cubic meters) of sediment to restore wetland habitat and to remove and control silt deposition in Upper Newport Bay. The dredge spoils removed from the Upper Bay will be placed in a disposal area adjacent to San. Diego Creek between MacArthur and Jamboree Boulevards. 4. A Water Quality Control Plan for the Santa Ana River Basin was adopted by the Board on April 11, 1975. This Plan contains water quality objectives and beneficial uses of waters is the Santa Ana Region. S. The requirements contained in this order are necessary to implement the Water Quality Control Plan. 6. The beneficial uses of Upper Newport Bay include: a. Water contact recreation; b. Ocean commercial and sport fishing; C. Preservation of a special biologically significant area; d. Wildlife habitat; e. Preservation of rare species; f. Marine habitat; and g. Shellfish harvesting. 7. The issuance of waste discharge requirements for this discharge is exempt from the provisions of Chapter 3 (commencing with Section 21000) of Division 13 of the Public Resources Code in accordance with Water Code Section 13389. IT IS HEREBT ORDERED that the discharger, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder and the provisions of the Federal Water Pollution Control Act and regulations and guidelines adopted thereunder, shall comply with the following: A. Effluent Limitations 1. The discharge of an effluent in ezceae of the following limits is prohibited: Constituents Suspended Solids Total Sulfides 30-Day Average Concentration 30 mg /1 0.Z " 45 mg /1 0.4 �• 2. Neither the treatment nor the discharge of wastewater shall create a nuisance or pollution, as defined in the Caliform a Water Code. 3. There sball.be no discharge of dredge spoils or other earthen materials to Newport Bay. .The discharger shall provide a control plan to impleaent this requiremest as part of the information required in Provision C.3. Order No. 81 -168 (NPDES No. CA 0106887) - continued Page Z City of Newport Beach Upper Newport Bay /San Diego Creek Dredging 8. Effluent limitations, national standards of performance, and tozic pretreatment effluent standards established pursuant to Section 208(b), 301, 303(d), 304, and 307 of the Federal Water Pollution Control Act and amendments thereto are applicable to the discharge. 9. The Bsgioaal Bossed finds that the project should not haves signif- ' 'taut emviroraantal impacts on water quality if conducted withia the requirements and pravisions of this order. An Environmental Impact Report which included this project was developed by the State Department of Fish and Game and commented on by this Board's staff. These comments were adequately responded to.. 10. The Board has notified the discharger and interested agencies and Persons of its intent to prescribe waste discharge requirements for the proposed discharge and has provided them with as opportunity to submit their written views and recommendation. 11. The Board, in a public meeting., heard and considered all camaanta pertaining to the discharge. IT IS HEREBT ORDERED that the discharger, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder and the provisions of the Federal Water Pollution Control Act and regulations and guidelines adopted thereunder, shall comply with the following: A. Effluent Limitations 1. The discharge of an effluent in ezceae of the following limits is prohibited: Constituents Suspended Solids Total Sulfides 30-Day Average Concentration 30 mg /1 0.Z " 45 mg /1 0.4 �• 2. Neither the treatment nor the discharge of wastewater shall create a nuisance or pollution, as defined in the Caliform a Water Code. 3. There sball.be no discharge of dredge spoils or other earthen materials to Newport Bay. .The discharger shall provide a control plan to impleaent this requiremest as part of the information required in Provision C.3. Order No. 81 -168 (NPDES No. CA 0106887) - continued Page 3 City of Newport Beach Upper Newport Bay /San Diego Creek Dredging B. Receiving Water Limitations 1. The discharge shall not cause the dissolved oxygen in the receiving waters to be depressed below 5.0 mg /1. When natural D.O. concen- trations are less. than 5.0 mg /1, the discharge shall not cauaa a further depression. 2. The discharge shall not cause the turbidity of the receiving water to be increased by more than ten (10) percent. 3. This discharge shall not cause a violation of any applicable water quality standard for receiving.waters adopted by the Regional Board or the State Water Resources Control Board, as required by the Federal Water Pollution Control Act and regulations adopted there- under. If more stringent applicable water quality standards are promulgated or approved pursuant to Section 303 of the Federal. Water Pollution Control Act, or amendments thereto, the Board will revise and modify this order in accordance with such more stringent standards. C. Provision• 1. The discharger shall comply, with Monitoring and Reporting Prngram No.. 81 -168, as ordered by the Executive Officer. 2.. The discharger shall comply with the attached "Standard Provisiom and Reporting Requirements ", with the exception of the following items:' A.4., 6, 11, 15, 16, and 18; C.1., 3, 5, 7, 8, and 9; D.2., 6, 7.b.; E.1—and 2. 3. The discharger shall comply with the following: a. The Board shall be notified by the discharger regarding the date of startup of this project and the contractor selected at least 30 days prior to commemcemenL of the project. b. The discharger or contractor shall provide all necessary information regarding the design of the necessary pollution control facilities at least 15 days prior to commencement of the project for Board review and approval. Startup shall not begin until approval is received. C. At least 72 hours prior to any dredging startup, the Board shall be notified so that pollution control facilities may be inspected for conformance with plans previously approved. 4. This order expires July 1, 1982- Order No. 81 -168 (NPDES No. CA 0106887) - continued Page 4 City of Newport Beach Upper Newport Bay /San Diego Creek Dredging 5. This order shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal Water Pollution. Control Act or amendments thereto and shall become effective 10 days after data of its adoption provided the Regional Administrator, Environmental Protection Agency, has no objection. If the.Regiamal Adml.AfBtrator objects to its iswmw , the,permit.shall not.becoae effective until amb objection is withdrsav¢. 6.. Prior to the neat rainy season following completion of dredging, the discharger shall: a. Ramave all dredge spoil from. the disposal site, or - ...._._ b. Submit to the Rexiona7. Board for approval and after approval by the Executive Officer, implement a plan to effectively precluds.the return. of the dredge spoil. to Newport Bay. I, James W. Anderson, Esecutive Officer, do hereby certify the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality Control. Board, Santa Ana Region, on September 11,1981.. 71;�- �J'AMMES Exeru W. OffIcar Eaeantiva OfY. +.cer CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION September 11, 1981 STANDARD PROVISIONS AND REPORTING REQUMMAE.N1S A. General Provisions 1. The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect the discharger from his liabilitias under federal, state, or local lava, nor guarantee the discharger a capacity right in the receiving waters. 2. The discharger shall permit the Regional Board and the Environmental Protection Agency- a. Entry upon premises in which an effluent source is located or in which any required records are kept; b. Access to copy any records required to be kept under terms and conditions of this order; C. Inspection of monitoring equipment or records; and . d. Sampling of any discharge. 3. All dischargea authorized by this order shall be consistent with the terms and conditions of this order. The discharge of any pollutant more frequently than or at a level in excess of that identified and euthortzed by this order shall constitute a violation of the terms and conditions of this order. 4.. The discharger's wastewater treatment plant shall be supervised and operated by persons possessing cartificates of appropriata grade pursuant to Chapter 3, Subchapter 14, Title 23, California Adminis- trative Code. 5. The discharger shall maintain in good working order and operate as efficiently as possible any facility or control system installed by the discharger to achieve compliance with the waste discharge requirements. 6. Collected screening, sludges, and other solids removed from liquid wastes shall be disposed of in the manner approved by the Executive Officer of the Regional Board. 7. After notice and opportunity for a hearing, this order may be terminated or modified for cause, including, but not limited to. -5- a. Vio4ion of any term or coaditiouentained in this order; b. Obtainin this order by misrepresentation, or failure to disclose fully all relevant facts; C. A change in any 'condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 8. If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Federal Water Pollution Control Act, or amendments thereto, for a toxic pollutant which is present in the discharge authorized herein and such standard.or prohibition is more stringent than any limitation upon such pollutant in this order, the Board.will revise or modify this order in accordance with such toxic effluent standard or prohibition and so notify the discharger. 9. If more stringent applicable water quality standards are approved pursuant to Section 303 of the Federal Water Pollution Control Act, or amendments thereto, the Board will revise and modify this order in accordance with such more stringent standards. 10. The provisions of this order are severable, and if any provision of this order, or the application of any provision of this order, or the application of any provisions. of this order to any ciresmtstance, is held invalid, the application of such provision to other circum- stances, and the remainder of this order shall not be affected thereby. 11_ Safeguard to electric power failure: a. The discharger shall, within ninety (90) days of the effective date of this permit, submit to the Regional Board and the Regional Administrator a description of the existing safeguards provided to assure that, should there be reductiom, loss, or failure of electric power, the discharger shall comply with the terms and conditions of this order. Such safeguards may include alternate power sources, standby generators, retention capacity, operating procedures, or other means. A description of the safeguards prow dad shall include an analysis of the frequency, duration,.and impact of power failures experienced over the pant five years on effluent quality and on the capa- bility of the discharger to comply with the terms and condi- tioas of the order. The adequacy of the safeguards is subject to the approval of the Regional Board. b. Should the trea- . works not include safeguards against reduction, loss, or failure of electric power, or, should the Regional Board not approve the existing safeguards, the discharger shall, within ninety (90) days of the effective date of this order or within ninety (90) days of having been advised by the Regional Board that the existing safeguards are inadequate, provide to the Regional Board and the Regional Administrator a schedule of compliance for providing safeguards such that in the event of reduction, loss, or failure of electric power, the permittee shall comply with the terms and conditions of this permit. The schedule of compliance shall, upon approval of the Regional Board, become a condition of this order_ r 12. Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this order is prohibited, except (a) where unavoidable to prevent loss of life or severe property damage, or (b) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this order. The discharger shall promptly notify the Board and the Regional Administrator of EPA in writing of each such diversion or bypass. 13. Except for data determined to be confidential under Section 308 of the Federal Water Pollution Control Act, a.0 reports prepared in accordance with terms of this order shall be available for public inspection at the offices of the Regional Water duality Control Board.and the Regional Administrator of EPA. As required by the Federal Water Pollution Control Act, effluent data shall not be considered confidential. Knowingly making any false statements on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Section 133$7 of the California Water Code. 14. The discharger shall take all reasonable steps to min -W4 a any adverse impact to receiving waters resulting from noncompliance with any effluent limitations specified in this order, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 15. In the event of any change in control or mwership of land or waste discharge facility presently owned or controlled by the discharger, the discharger shall notify the succeeding owner or operator of the existence of this order by letter, a copy of which shall be forwarded to this Board. 16. The discharger shall ensure compliance with any existing or future pretreatment standard promulgated by EPA under Section 307 of the Federal Water Pollution Control Act or amand *nts thereto for any discharge to the mami.cipal system. 17. The discharge of any radiological, chemical, or biological warfare agent or high level radiological waste is preuib ted. 18. The discharger shall require each indust-elal user to subiit periodic notice (over intervals not to exceed nine months) of progress toward compliance with applicable toxic and pretreeatmeut: standards developed pursuant to the Federal Water Pollution Control Act or amendments thereto. The discharger shall forward a copy of such notice to the Board and the Regional Administrator. B. Provisions for Monitoring 1. Water quality analyses shall be performed in accordance with the "Environmental Protection Agency Regulations on Test Procedures for the Analysis of Pollutants" promuigated by the U. S. Environmental Protection Agency. 2. Chemical, bacteriological, and bioassay analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health. -7- 3. The laboratory which performs the sample analyses must be identified in all monitoring reports submitted to the Regional Board Executive Officer and the Regional Administrator (EPA). 4. Effluent samples shall be taken downstream of the last addition of waste to the treatment or discharge works where a representative sample may be obtained prior to mixing with the receiving waters.. 5. All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated as.necessary to ensure their continued accuracy. C. General Reporting Requirements 1. The discharger shall submit to the Board on or before each compliance report date, a report detailing his compliance or nancaapliance with the specific.schedula data and task. If noncompliance is befog reported, the reasons for such noaea®pli- ance shall be stated plus an, estimate of the data when the discharger will be in compliance. The discharger shall notify the Board by letter when he has returned to compliance with the tims.sch adule. 2. In the event the discharger does not comply or will be unable to comply with any prohibition, daily maximum effluent limitation, or receiving water limitation of this order for any reason, the discharger shall notify the Executive Officer by telephone (714)684 -9330 as soon as he or his agents have knowledge of such noncompliance, and shall confirm this notification in writing within two weeks. The written notification shall state the nature, time, and cause of noncompliance and shall describe the measures being taken to prevent recurrences. 3. This Board requires the discharger to file with the Board within ninety (90) days after the effective date of this order a teehadcal report on his preventive (failsafe) and contingency (cleanup) pleas for controlling accidental.discharges and for mi**{* *+lung the effect of such events.. The technical report should. a. Identify the possible sources of accidental loss, untreated waste b ass, and contaminated drainage. Loading and storage areas, power outage, waste treatment outage, and failure of process equipment, tanks, and pipes should be considered- b. Evaluate the effectiveness of present facilities and procedures and state when they became operational. Describe facilities. and procedures needed for effective preventive and contingency plans. G Predict the effectiveness of the proposed facilities and procedures and provide an implementation schedule containing interim and final dates when they will be constructed, imple- mented, or operational. (Reference: Sections 13267(b) and 13268, California Water Code.) -8- facility by more than 10 percent. Such notification shall include estimates of proposed production rate, the type of process, and projected effects on effluent quality. Notification shall include submittal of a new report of waste discharge and appropriate filing fee. 9. The discharger shall notify the Board of (a) new introduction into such works of pollutants from a source which would be a new source, as defined in Section 306 of the Federal Water Pollution Contra]. Act, or amendments thereto, if such source were discharging pollu- tants to the waters of the United States; (b) new introductions of pollutants into such works from a source which would be subject to Section 301 of the Federal Water Pollution Control Act, or asend- ments thereto, if it were discharging such pollutants to the waters of the United States; (c) a substantial change in the volume or character of pollutants being introduced into such works by a source introducing pollutants into such works at the time the waste discharge requirements were adopted. Notice shall include a description. of the quantity and quality of pollutants and the, impact of such change on the quantity and quality of effluent from such publicly awned treatment works. A substantial change in volume is considered an increase of 10 percent in the mean dry- weather flow rate. The discharger shall forward a copy of such notica.directly to the Regional Administrator. D. Reporting Requirements for Monitoring 1. For every item of monitoring data where the requirements are not met, the discharger shall submit a statement of the actions undertaken or proposed which will bring the discharge into full compliance with requirements at the earliest time, and shall submit a timetable for such corrective actions. The discharger shall submit such informa- tion, in writing, within two weeks of becoming aware of noacomplianca. 2. By January 30 of each year, the discharger shall submit an annual report to the Board. The report shall. contain both. tabular and graphical summaries of the monitoring data obtained during the previous year. 'Ea addition, the discharger shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance, with the waste discharge requirements. 3. The discharger shall maintain records of all sampling and analytical results, including strip charts; the date, exact place, and time of sampling; the analyst's name; analytical techniques used; and results of all analyses. Such records shall be retained for a miuimimt of three years. This period of retention shall be extended during the course of any unresolved litigation regarding this discharge or when requested by the Board. Monitoring results shall be submitted on forms provided by the Board. 4. The discharger shall file with the Board technical reports on self - monitoring work performed according to the detailed specifica- tions contained in any Monitoring and Reporting Program as directed by the Executive Officer. -10- 5. All repots shall be signed by: • a. In the case of corporations, by a principal executive officer at least of the level of vice president or his duly authorized representative, if such representative is responsibla for the overall operation of the facility from which the discharge originates; b. In the case of a partnership, by a general partner; C. In the case of a sole proprietorship, by the proprietor; d. In the case of a municipal, state, or other public facility,. by either a principal executive officer, ranking elected official, or other duly authorized employee. 6. The discharger shall submit to the Board, by January 30 of each year, an annual summary of the quantities of all checd care listed by both trade and chemical names which are used for cooling and /or boiler water treatment and which are discharged_. 7. The discharger shall mail a copy of each monitoring report on the appropriate form to be supplied by the Board and any other reports required by this order to: a. California Regional Water Quality Control Board Santa Ana Region 6809 Indiana Avenue, Suite 200 Riverside, CA 92506 b. A copy of such monitoring report for those discharges designated as a major discharge shall be mailed to: Regional Administrator Environmental Protection Agency Region IX, Attention: ENC.HR 215 Fremont Street San Francisco, CA 94105 E. Definitions 1. The daily discharge rate is obtained from the following calculation for any calendar day: Daily discharge rate (lbs /day) 8 -34 N I Qi Ci Daily discharge rate (kg /day) a 3N78 E 03 Ci 1 in which N is the number of samples analyzed in any calendar day. Qi and Ci are the flow rate (MGD) and the constituent concentration (mg /1) respectively, which are associated with each of the N grab -11- samples which may be taken in any calendar day. If a composite sample is taken, Ci is the concentration measured in the composite sample and Qi is the average flow rate occurring during the period over which samples are composited. The daily concentration of all constituents shall be determined from the flow- weighted average of the same constituents in the combined waste streams as follows: 1 N Daily concentration - Qt £ Qi Ci i -1 in which N is the number of component waste streams. Q and C�ii are the flow rata (ISM) and the constitute concentration (mg)1T, respectively, which are associated with each of the N waste streams. Qt is the total flow rate of the combined wasta.streama.. 2. The "30 -day, or 7-day, average" discharge is the total discharge by weight during a 30, or 7, consecutive calendar day period..respee- tively, divided by the number of days in the period that the facility was discharging. Where less than daily sampling is required by this permit, the 30 -day, or 7-day, average discharge shall be determined by the summation of all the measured discharges by weight divided by the number of days during the 30, or 7, consecutive rniunAa day, period when the measurements were made. If fewer than four measurements are made during a 30, or 7-day, consecutive calendar day period, then compliance or noncompliance with the 30, or 7, day average discharge limitation shall not be determined. For other than 7 -day or 30-day periods, compliance shall be based upon the average of all measurements made during the specified period. If fever them four measurements are made during the period,. compliance sbal1.be based upon the last four consecutive samples.. 3. The "daily ms—m" discharge. means the total discharge by weight . during any calendar day. 4. The "30 -dap, or 7-day, average" concentration, other than for fecal or total coliform bacteria, is the arithmetic mean of measurements made during a 30, or 7, consecutive calendar day period, respec- tively. The "30 -day, or 7 -day, average" concentration for fecal or- total coliform bacteria is the geometric mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The geometric mean is the nth root of the product of n numbers. If fewer than four measurements are made during a 30, or 7, consecutive calendar day period, then compliance or noncompliance with the 30, or 7, day average concentration limitation shall not be determined. 5. The "ma2dr ,m daily" concentration is defined as the measurement made on any single grab sample or composite sample. -12- 6. A "grab" sample is defined as any individual sample collected in less than 15 minutes. 7. A composite sample is defined as a combination of no fewer than eight individual samples obtained over the specified sampling period. The volume of each individual sample shall be propor- tional to the discharge flow rate at the time of sampling. The compositing period shall equal the specific sampling period, or 24 hours, if no period is specified. 8. An "industry" is defined as any facility identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: a. Division A - Agriculture, Forestry, and Fishing; b. Division B - Mining; C. Division D - Manufacturing; d. Division I - Services. A facility in the divisions listed. may be excluded if it is deter- mined by the Board that it introduces primarily domestic wastes or wastes from sanitary conveniences. 9. "Prohibited wastes" are any of the following wastes which shall not be introduced into the treatment works: a. Wastes which create a fire or explosion hazard in the treatment works; b. Wastes which will cause corrosive structural damage to treatment works, but, in no case, wastes with a pH lower than 5.0 unless the works are designed to accommodate such wastes; C. Solid or viscous wastes in amounts which would cause obstruction to the flow in sewers or other interference with the proper operation of the treatment works; or d. Wastes at a flow rate and /or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. -13- California Regional Water Quality Control Board Santa Ana Region Monitoring and Reporting Program No. 81 -168 NPDES No. CA 0106887 for the City of Newport Beach Upper Newport Bay /San Diego Creek Dredging Orange County Effluent Monitoring 'this monitoring program shall be impl®rnted with the initiation of the discharge. A sampling station shall be established far each point of discharge and shall be located where representative samples of that efilueat can be obtained. Tha.follwing shall constitute the effluent monitoring program: Constituents Units Type of Sample Total Sulfides mg /1 Grab Suspended Solids to Flow gallons Estimate Receiving Water %onitoriug Minlazzm Frequency of Analysis Weekly n of A sampling station shall be designated in the field to represent the natural condUlo ns in the receiving water. Two individual samples sha7.I be taken weekly - one sample 50 feet. downstream of the discharge point and one sample 250 feet upstream from. the discharge point. The. samples shall be collected at a depth of (1) foot below the surface at the lowest depth available during an outgoing tide dming.normal wicking hours. These samples shall be analyzed for dissolved oxygen. Measurements of water turbidity using a standardized turbidimater shall also be made at the same time and location as the dissolved oxygen samples. Reporting The discharger shall implement the above monitoring program with the commence - menc of the discharge. Monitoring reports shall be submitted by the dates in the following schedule: -14- MRP No. 81 -168 - con *ed titueats Monitories[ Period Report Due Lfflueat Monitoring Weekly, commencing Moaday Friday of tb9 following week Receiving Water Weekly Friday of the following 4onitoriag week A record of the amount of material dredged each week and the total amount to date shall be submitted with the 'Receiving Water Moaitori¢3" report. If no discharge is made during a given week, a report stating this fact shall be submitted in liau of the monitoring report.. When the dredging project is completed,.a report regarding proper storage of spoils materials sball be provided within 30 days of such completion. Included is this report shall be a schedule for proper use or removal of dredge spoils. All reports shall be signed by a responsible officer or duly authorized employee of the City of Newport Beach and submitted under penalty of perjury. -15- / '�....... .l.• [Y.Y WiW.I Executive Officer September 11, 1981 �. SPLCO -R DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90053 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Gentlemen: j 14 October 1981 �� �E;EIVED IL CITY l F J',) \ f1E ?POST 3FJ "CH. a C ALIF. -� Your Permit No. 81 -109 has been validated and is inclosed. Also inclosed are Work Status Post Card (dupe) and Notice of Authorization. Sincerely, 3 Incl PAUL W. TAYLOR 1. Permit Colonel, CE 2. Work Status Post Card (dupe) District Engineer 3. Notice of Authorization ` Application No. • 81 -109 Name of Applicant CITY OF NEWPORT BEACH Effective Date 14 October 1981 Expiration Date (If applicable) 14 October 1984 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 7 April 1981 for a permit to: (X) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 133 U.S.C. 4031; 4.X1 Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Star. 816, P.L. 92 -500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Start. 1052; P.L. 92 -5321; City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 is hereby authorized by the Secretary of the Army: to dredge about 350,000 cubic yards of material from San Diego Creek. The dredged material will be temporarily stockpiled in the creek and then hauled off -site to an upland disposal area; construct two drop structures (one will be located upstream of Campus Drive and the other will be located immediately downstream of Campus Drive) in San Diego Creek. Each drop structure will consist of about 15,000 tons of 1/4 -ton rock and about 5,200 tons of backing material; construct two weir struc- tures (one will be located at Mac Arthur Blvd. and the other will be located at Campus Drive) in San Diego Creek. Each weir structure will consist of about 14,000 AX tons of 1/2 -ton rock and about 4,800 tons of backing material. In addition, about 250,000 cubic yards of material will be dredged from Upper Newport Bay. The dredged material will be placed in a disposal area adjacent to San Diego XX Creek (between Mac Arthur Blvd. and Jamboree Blvd.) with run -off to San Diego Creek. All work will be done in Lower San Diego Creek, Upper Newport Bay, Pacific Ocean, in the cities of Irvine and Newport Beach, Orange County, California in accordance with the plans and drawings attached hereto which are incorporated in and made a pert of this permit (on drawings: give file number or other definite identification marks.) "NEWPORT BAY WATERSHED EARLY ACTION, PLAN FACILITIES" (Sheets 1 through 6) Dated: 7 Apr. 81 subject to the following conditions: 1. General Condition: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked m whole or in part. ENG FORM 1721 EDITION OF 1 APR 7415 OBSOLETE. (ER 1145.2.303) 1 JUL 77 ki b. That all activities authorized herein shall, if they involve, during their construction or operation, any discharge of pollutants into waters of the United States or Ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water Pollution Control Act of 1972 (P.L. 92.500; 86 Stat. 816), the Marine Protection, Research and Sanctuaries Act of 1972 (P.L. 92 -532, 86 Stat. 1052), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementat on plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered, species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. I. That the permittee agrees that hewill prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall permit the District Engineer or his authorized representatives) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. I. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary, by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. It. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30-day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (bj the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or f2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and /or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That the permittee shall notify the District Engineer at whet time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. _! +r. '� �`' _ .i' �' •"'�,� •'+ (,% I „� Q J /)/ / 1 I♦ V I co I ty I 6 1. �•''., car ca•11 t > I ;� I �� V I t� N.t fir\ `v ar Iry • ' 4 �\ 'J : •� `� l ..17 `"'� , . I. �. ``` 7F k•.. /1 �. ' /+'� �y�l'•'�i �i ; 11 •S `t:. .I /`t 1` a ''. `• �.� /♦ ( Yom., <f • —�'ww"• LAT. 117 °52' o PROJECT SITE �. 11 • :': ,.. t: "t :� II i1 •! [ • "v��•,7 ` =r�_O� O` / I ..• I Ott; j ' . r,� !1� v-ft' ,yam / -.i/ V � ,� _.. _... •• � fU'J C,^4 �1�` .I � ' �[G'. ,y t �'�/tvr �+ '�' / l I ' • � ch1 •' " � _ _ I /y�•` fF.. �, �,i'•Y•ry; A nYt "CII / I rrIr1111fr 1101110.1E ,.fir ' 1`:.• .9l �. "S, C,•�£ Y ! i M IRVINE R'N Y "BEACH i M I �!J .y >,V d ��., CCU(:° � ♦ o I 4^,• t YMQ CITY OF NEWPORT BEACH NEWPORT BAY WATERSHED EARLY ACTION PLAN FACILITIES Co. of Orange -State of: California VIGIYITY MAP 7 Apr 81 From: Thomas Bros. Maps, Orange County Shest 1 of 6 AI 01 �j Connect with Calif. Dept. of Fish & Game Proje b L Upper Newport Bay O ky (Ecological Reserve) IV Q� q Q ADJACENT PROPERTY OWNER: �I State of California 6 2 The Irvine Company 3 Irvine Industrial Complex O �Oi !► SAA /— IjlCG�� cze 61< Site A i Disposal Area a O �t so so ADJACENT PROPERTY OWNERS: 1 University-of California Regents 2 Caltrans 3 The Irvine Company \ l +i s Quantity of material it to be removed 350,000 cubic yards 4 j g °V V to .. o �\ O \ CITY OF NEWPORT BEACH \ NEWPORT BAY WATERSHED EARLY ACTION PLAN FACILITIES Co. of Orange- State of 'California b PHASE ONE - SAN DIEGO CREEK 7 Apr 81 Sheet 3 of 6 , LID I \/,a2I S 77- I T7c INTO EX/ST LEYE WEIR SECTION PROTcCT /ON - - __L__ 2 MATFrQlAC. t'7C1ST.y�f /ItiC GR,tD�' �'� �rS.OrI.SL. �� FABRIC PROFILE TYPICAL WEIR STRUCTURE Not to Sca e Material Quantity: 1/2 Ton Slope Protection - 14,000 tons Backing Material - 4,800 tons �-EX/ST. GP..4DE M.SL CI1Y OF NEWPORT BEACH NEVIPORT BAY WATERSHED EARLY ACTION PLAN FACILITIES D. of Orange -State of Cal1fornie TYPICAL WEIR STRUCTURE 7 Apr 81 Sheet 4 of 6 i �\ t SECTION 3=%4 TON RIP-RAP 1'u4CK/NC N.A7ER 14L M L'E P�iC�D IN THE &M 0,0 4•1L' i ry Ec -.1 -.'� z r FlLT .� AlLON/ABLf I ZOO PROFILE TYPICAL DROP STRUCTURE Not to Scale Material Quantity: 1/4 ton Rock = 15,000 tons Backing Material a 5,200 tons MATcR1riL CITY OF NEWPORT BEACH NEWPORT BAY WATERSHED 1 EARLY ACTION PLAN FACILITIES Co. of Orange - State of California TYPICAL DROP STRUCTURE 7 Apr 81 Sheet 5 of 6 0 eL. +5 ± I_VAizIC-5 _ I &0 To 3�rlo� r —1 TYPICAL SECTION UPPER NEWPORT BAY Not to Scale I CITY OF NEWPORT BEACH y NEWPORT BAY WATERSHED EARLY ACTION PLAN FACILITIES Co. of Orange - State of California UPPER NEWPORT SAY 7 Apr 81 Sheet 6 of 6S • o. That if the activity auth or izeu n ere in is not started on or before ll L//L//LLL/ • yday of 11111114Z 79 L444 / , lone ye frPj��t t of is s n f� �hls permit unless otherwise specifiedV antl is not completetl on or before day of J1 / / / P/I , 19111- LLL. -L. (three years from the date of issuance of this permit unless otherwise specified) this permit. d not previously revoked or specifically extended, shall automatically expire. p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That it and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official, II. Special Conditions: (Here list conditions relating specihcally to the proposed structure or work authorized by this permit): a. That items of potential archeological, scientific, prehistoric or historic value which are discovered in.the course of construction activities shall be carefully preserved in situ pending a determination by the Corps of Engineers of their significance and appropriate disposition. b. That the dredged material stockpiled must be limited to the readily - available capacity of the contractor to haul it to the permanent disposal site within two working days. This will allow the contractor to remove this loose material in the event of a storm, and to prevent siltation of downstream reaches of the system. 3 c)\ The following Special COnddodl be applicable when appropriate: STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or Injury to the structures or work authorized herein which may be caused by or resutt from existing or future operations undertaken by the United States in the public interest. b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the acnvlty authorized by this permit. c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. e. Structures for Small Boats', That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. MAINTENANCE DREDGING. a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise indicatedl: b. That the perminee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to Section 4041b) of the FWPCA and published in 40 CPR 230; Is. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities: c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution: and d. That the discharge will not occur in a component of the National Wild and Scenic River System or In a component of a State wild and scenic river system. DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS: a. That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established Pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, published in 40 CFR 220228. b: Thai the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and /or dumping of the dredged material as authorized herein. . This permit shall become effective on the date of the District Engineer's signature. Permitrm -4relby accepts and agrees to comply with the terms and conditions of this permit. Don Webb, City Engineer October 2, 1981 PERMITTEE E HORITV OF THE SECRETARY OF THE ARMY: ll PAUL W.. TAYLOR Colonel, CE DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE 14 October 1981 DATE DATE i 4 4 U. S. GOVERNMENT PRINTING OFFICE: iOSO -62A-404 3-1- 0 , I • • DEPARTMENT OF THE ARMY PERMIT (Notification of Commencement.and Completion of Work) PERMIT NO. 81 -109 DATE WORK WILL COMMENCE ESTIMATED CONSTRUCTION PERIOD In weeks) NAME OF CONTRACTOR / (Phone) DATE WORK WAS COLLETED "I hereby certify that the contractor has read and agreed to comply with the terms and conditions of the permit ". SIGNATURE Permittee or Agent SPD FORM )92-R,/, (t /�e �� SPX Form 391,7 Noy 79) 1 MAY CC.r DEPARTMENT OF THE ARMY PERMIT (Notification of Commencement.and Completion of Work) PERMIT NO. 81 -109 DATE WORK WILL COMMENCE ESTIMATED CONSTRUCTION PERIOD In weeks) NAME OF CONTRACTOR / (Phone) DATE WORK WAS COLLETED "I hereby certify that the contractor has read and agreed to comply with the terms and conditions of the permit ". SIGNATURE Permittee or Agent SPD.FORM 192 -R (No* oe &■ S►L Fora 394,1 May 79) 1 MAY QO_`6( 2.... i DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NOTICE OF AUTHORIZATION 14 October 19 81 A PERMIT TO Dredge about 350,000 cubic yards of material from San Dlggo Creek. The dredged material will be temporarily stockpiled in the creek and them-hauled off -site to an upland disposal area; construct two drop structures in San Diego Creek' in Lower San Diego Creek, Upper Newport Bay, Pacific Ocean, AT tte cities of Irvine and Newport Beach, Orange County, California HAS BEEN ISSUED TO City of Newport Beach ON14 October 1981 3300 Newport Blvd. ADDRESS OF PERMITTEE Newport Beach, CA 92663 PERMIT NUMBER 81 -109 PAUL W. TAYLOR, COL, CE Oimid Englaw EN ,o"",'�'� ; THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK. 1 State of California, Edmund G. Bro� Governor ©P tag 8 -31 -81 Camornia Coastal Commission 5 -81 -126 SOUTH COAST DISTRICT COASTAL DEVELOPMENT PERMIT NO. bbb E. Ocean Bhd., Suite 3107 Long Beach. C4 90801 Page 1 of 2 (2 t 3) 590-5071 On August 19, 1981 The California Coastal Commission granted to City of Newport Beach, 3300 West Newport Boulevard, Newport Beach, CA 92663 this permit for the development described below, subject to the attached Standard and Special conditions. Construction of a desiltation facility to restore tidal action to the far end of Upper Newport Bay. Dredge spoil disposal site is located south of San Diego Creek between Jamboree Road and McArthur Blvd and is owned by the Irvine Company. SITE: San Diego Creek Channel from McArthur Blvd to 2100 feet upstream of Campus Drive and Upper Newport Bay. �fC 8 s C 01'/ P�81j fivEC �,, � c/T Issued on behalf of the California Coa G Executive Director and ii dp ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. P001,1C "AsGf P /XeC7 -&A- 5/81 Coastal, Development Pere No. 5 -81 -126 i Pagp,2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy of wit, sigma y t a p�ennittee or The agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Ex iratdon. If construction has not commenced, the permit will expire two years from the date on which the Comnission voted on t he application. Construction 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. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for permit subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24 -hour advance notice. 6. Assgrment. The permit may be assigned to any qualified person, provided assignee files with the Commission an a a avrt accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the ammission and the perms tee FT n a 1 future owners and possessors of the subject property to the terns and conditions. SPECIAL CONDITIONS: NONE t (b Notification No"�9— THP N AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and C/ 77,eL' OF of A45 wn.-r 642V , State of hUF , hereinafter called the operator, is as follows: WHEREAS, pursuant to Section I/ —p/ of California Fish and Game Code, the operator, on the 42 day of lUL ✓ , 19 d Z , notified the Department that he intends to substantially divert or obstruct the natural flow of, or substantially change the bed, channel, or bank of, or use material from the streambed of, the following water: -J2; A,1 in the County of ef-7Vi_aAiG-,C , State of California, S T S S R 9 k/ I/ 5 ; -s7, -5&',, �9 WHEREAS, The Department (represented by has made an inspection of subject area on the — day of 19 =, and) has determined that such operations may substantially adversely affect existing fish and wildlife resources including: THEREFORE, the Department hereby proposes measures to protect fish and wildlife during the operator's work. The operator hereby agrees to accept the following recommendations as part of his work: Numbers 6 B. /Z* 45,, 17 f 2 / eS";Z 2 from the list of recommendations on the back of this page and the following special recommendations: 1. All work in or near the stream or lake shall be confined to the period Z. / 9 t3 / /vHtJ Gt/oL7L' /Z /S/ If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Came. Failure to comply with the provisions of this agreement and with other pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5948, may result in prosecution. Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A con- summated agreement does not necessarily constitute Department of Fish and Game endorsement of the proposed operation. This agreement becomes effective on S. X7,7 /Q--'/ and terminates Operator��/G� -� Department aepeaentalive Title-4 CX?LR z9�. Title SJ/sfPG Organization C /T,l 45EArif Department of Fish and Game, State of California Date UL 2� /4 B1 Date % / / / -;� 3r / `L.1 *If inspection was not made, cross out words within parentheses. FG 1060 nail G4/c> - ZZ&1 G' /ZZ GF NE�ris�o �Y 771,=' �Oc..iT-jc"T If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Came. Failure to comply with the provisions of this agreement and with other pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5948, may result in prosecution. Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A con- summated agreement does not necessarily constitute Department of Fish and Game endorsement of the proposed operation. This agreement becomes effective on S. X7,7 /Q--'/ and terminates Operator��/G� -� Department aepeaentalive Title-4 CX?LR z9�. Title SJ/sfPG Organization C /T,l 45EArif Department of Fish and Game, State of California Date UL 2� /4 B1 Date % / / / -;� 3r / `L.1 *If inspection was not made, cross out words within parentheses. FG 1060 nail RECOMMENDATIONS 1. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete operations. The disturbed portions of any stream channel or lake mar- gin within the high water mark of the stream or lake shall be restored to as near their original condition as possible. 2. Restoration shall include the revegetation of stripped or exposed areas. 3. Rock, riprap, or other erosion protection shall be placed in areas where vegetation cannot reasonably be expected to become reestablished. 4. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired and upstream or downstream passage of fish is assured at all times. Bottoms of tern porary culverts shall be placed at or below stream channel grade. Bottoms of permanent culverts shall be placed below stream channel grade. 5. Plans for design of concrete sills and other features that could potentially impede fish migrations must be approved by Department engineers. 6. When any dam (any artificial obstruction) is being constructed, maintained, or placed in operation, suffi- cient water shall at all times be allowed to pass down- stream to maintain fishlife below the dam. 7. An adequate fish passage facility must be incorporated into any barrier that obstructs fish passage. 8. Any temporary dam (any artificial obstruction) con- structed shall only be built from material such as clean gravel which will cause little or no siltation. 9. No equipment will be operated in live stream channels. 10. Equipment shall not be operated in the stream channels of flowing live streams except as may be necessary to construct crossings or barriers and fills at channel changes. 11. When work in a flowing stream is unavoidable, the entire streamflow shall be diverted around the work area by a barrier, temporary culvert, and /or a new channel capable of permitting upstream and down- stream fish movement. Construction of the barrier and /or the new channel shall normally begin in the downstream area and continue in an upstream direc- tion, and the flow shall be diverted only when con- struction of the diversion is completed. Channel bank or barrier construction shall be adequate to prevent seepage into or from the work area. Channel banks or barriers shall not be made of earth or other substances suhiect to erosion unless first enclosed by sheet piling, rock riprap, or other protective material. The enclosure and. the supportive material shall be removed when the work is completed and the removal shall normally proceed from downstream in an upstream direction. 12. Temporary fills shall be constructed of nonerodihle materials and shall be removed immediately upon work Completion. 13. Equipment shall not he operated in the lake or its margin except rbiring excavation and as may be neces- 0 sary to construct barriers or fills. If work in the lake is unavoidable, a curtain enclosure to prevent siltation of the lake beyond the immediate working area shall be installed. The enclosure and any supportive material shall be removed when the work is completed. 14. Silt settling basins shall be located away from the stream or lake to prevent discolored, silt - bearing water from reaching the stream or lake. 15. Preparation shall be made so that runoff from steep erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 16. Wash water containing mud or silt from aggregate wash- ing or other operations shall not be allowed to enter a lake or flowing streams. 17. a) A silt catchment basin shall be constructed across the stream immediately below the project site. This catchment basin shall be constructed of gravel which is free from mud or silt. b) Upon completion of the roject and after all flowing water in the area is clear of turbidity, the gravel along with the trapped sediment shall be removed from the stream. 18. If operations require moving of equipment across a flowing stream, such operations shall be conducted without substantially increasing stream turbidity. For repeated crossings, the operator shall install a bridge, culvert, or rock -fill crossing as specified in comments below. 19. If a stream channel has been altered during the opera- tions, its low flow channel shall be returned as nearly as possible to its natural state without creating a possible future bank erosion problem, or a flat wide channel or sluice -like area. If a lake margin has been altered, it shall be returned as nearly as possible to its natural state without creating a future bank erosion problem. The gradient of the streambed or lake margin shall be as nearly as possible the same gradient as existed prior to disturbance. 20. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 21. No debris, soil, silt, sand, hark, slash, sawdust, rub- bish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or nmoff into, waters of the State. NVi.en operations are com- pleted, any excess material-. or debris shall be removed from the work area. No rubbish shall he deposited: within 150 feet of the high water mark of any stream. or lake. 22. The operator will notify the Department of Fish and Game of the date of commencement of operations and the date of completion of operations at least five days . prior to such completion. ar.. au.e Qr es� OUNTY OF RANGE GENERAL SERVICES AGENCY SOLID WASTE MANAGEMENT DIVISION DONALD G. POER, MANAGER 1300 SOUTH GRAND AVE. SANTA ANA, CA 92709 714 93&,U" January 21, 1982 John S. Wolter, Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: San Diego Creek Desilting Project Waste Material Dear Mr. Wolter: R. A. SCOTT ousCrew As we discussed at our meeting on Friday, December 4, 1981, the Solid Waste Management Division is very concerned about the potentially large amount of material from the San Diego Creek desilting project that may be taken to the Coyote Canyon Sanitary Landfill for disposal. Our primary concerns are: 1. Utilization of disposal capacity otherwise available for municipal solid waste disposal. 2. Compliance with our operational permits, and 3. disruption of normal disposal activities at the landfill. To help alleviate these concerns and ensure that we will be able to accept the material, the following provisions should be added to the contract specifications for the desilting project. 1. No material containing more than 50% moisture will be accepted. 2. The material must be spadeable. 3. No more than 1500 cubic yards of material will be accepted for disposal on any day. 4. Any day on which more than 300 cubic yards of clean soil is being transported for disposal, the contractor will be responsible for spreading the deposited material to the satisfaction of the Solid Waste Management Division. Deposited material must be spread by the end of the working day. 5. Any day on which more than 300 cubic yards of material containing organic matter is being transported for disposal, the contractor will be responsible for pushing, spreading and compacting the material to the satisfaction of the Solid Waste Management Division. Deposited material must be pushed, spread and compacted by the end of the working day. John S. Wolter, Civil Engineer City of Newport Beach January 21, 1982. Page Two 6. To the maximum extent feasible, organic matter (wood, brush, misc. debris, etc.) shall be segregated from clean soil prior to transport to the disposal site. 7. At least five (5) days prior to transporting material to the landfill, the contractor shall obtain a permit from the Solid Waste Management Division to ensure all recent policy decisions of the Orange County Board of Supervisors are addressed. 8. The Solid Waste Management Division reserves the right to discontinue receipt of the material if unacceptable conditions develop. Compliance with these conditions will ensure, to the extent possible, that the Coyote Canyon Sanitary Landfill can be used for disposal of the excess material from the San Diego Creek project. Sincerely,, Michael Luk Associate Engineer cc: Don Simpson 1824 Port Margate Newport Beach, CA 92660 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3/12/82 ADDENDUM NO. 1 ti% RECEIVED UPPER NEWPORT BAY EARLY ACTION PLAN " 1ARIS1982 io SAN DIEGO CREEK AND UPPER NEWPORT BAY J. W MlTCFtELL' Co., INC. , CONTRACT NO. 2276 NOTICE TO BIDDER: PU"e.;be.,advised that the following changes have been made to the Proposal and. S 'ft tract No. 2276t PROPOSAL Revise Proposal providing two schedules, "A" and "B ", for the work covered under Contract No. 2276. An award, if made, will be for only one schedule. Only bids submitted on the revised Proposal will be accepted. See attached Revised Proposal. SPECIFICATIONS 1. Section I, SCOPE OF WORK, page SP -1. Delete the last sentence in the first paragraph and add the following sentence: "Site A is intended for disposal of materials from the Upper Newport Bay and may be used for disposal of materials from the San Diego Creek if :.award is based on Schedule "B." 2. Section VII, GENERAL REQUIREMENTS FOR PREPARATION OF SITE A TO RECEIVE FILL a)Page SP -7. Delete first sentence under Section VII E and add the following sentence: "Mechanical placement of fill shall be bid per Alternate A for Schedule A..and Alternate B for Schedule B as follows." b)Pg SP -9. :Delete Section VII G and add the following: "The development of Site A as shown on the plans indicates placement of a maximum of 504,000 cubic yards of material and shows the details for the base and intermediate drainage layers which would be required under Schedule A. If Schedule A is awarded and less than 504,000 cubic yards are placed in Site A, the finished surface shall be graded parallel to the finish surface shown on the plans. If Alternate B is awarded and more than 504,000 cubic yards are; placed in Site A, a new grading plan and grading permit approved by the City will be: required from The Irvine Company and the Con tractor. (See Section XXII, DISPOSAL OF EXCAVATED MATERI ) 1of2 rte' ------------ )n 0 0 �) F& Contract No. 2276 SPECIFICATIONS (Cont'd) 3. Section I, DISPOSAL OF EXCAVATED MATERIAL, page SP -13. Delete the section and add the following: "The Irvine Company has indicated that in addition to the material from the Upper Bay, material from San Diego Creek may be placed on Site A up to a total from both sources of 700,000 cubic yards. Attached and for information only is a copy of The Irvine Company's conditions for disposal of the addi- tional material. For specific information, contact Mr. Steve Runk, 720 -2369. Site preparation and conformance with The Irvine Company requirements will be the Contractor's sole responsibility." Please sin and date this addendum and attach it to your bid proposal be cons dered un e s this addendum is attached. Benjamin B. Nolan ' Public Works Director JW:Jd Att. March 30, 1982 Date I have carefully examined AdbenVum No. 1. . W. MITCHELL, JR., PRESIDENT 2of2 Addendum No. 1 No bid will 11 ti .; ..�.c 11 ti CITY OF NEWPORT BEACH PUBLIC WORKS DEPAR1MENT ADDEND 2 UPPER NEWPORT BAY EARLY ACTION PLAN SAN DIEGO CREEK AND UPPER NEWPORT BAY CONTRACT N0. 2276 NOTICE TO BIDDER: OF RECE].VEp MAR221982 s J. W. MITCHELL Co., INC. A Please be advised that the following changes have been made to the Proposal and Plans (M- 5212 -5) for Contract No. 2276: PROPOSAL Revise Proposal Schedule "A" and Schedule "B ". Delete Item #16 and add the following Item #16. ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Modify the existing 24" outlet and construct new 60" outlet and struc- ture from Site "A" to San Diego Creek, complete in place as shown on the Plans @ Dollars and Cents $ $ Per Lump Sum Remove pages PR -4 and PR -8 from the Proposal and replace with new pages PR -4 and PR -8. PLANS (M- 5212 -5) Sheet 4- -Added existing 15" A.C. pipe down drain with note to be connected to new outlet structure. - -Added new outlet structure -- Revised grades to provide drainage through Site "A ". Sheet 5-- Deleted 24" C.S.P. drain. -- Relocated down drain. -- Revised grades to provide drainage through Site "A ". 1 of 2 = n _, . i Sheet 7 -- Modify Section A existing 24" outlet and new stand pipe.. -- Modify Detail 1 existing 24" outlet and new stand pipe. - -Added Detail 7 new 60" outlet and structure. Included for your information are copies of the plans with the aforementioned changes. Plan changes per this addendum supersede plans previously issued. Please sign and date this addendum and attach it to your bid proposal. No bid will be considered unless this Addendum No. 2, and Addendum No. l are attached. CL W Don Webb City Engineer I have carefully examined Addendum No: 2 March 30, 1982 Date J W. M TCHE L CO. INC. 7 1 4'.ders ame Signa e CHELL, JR., PRESIDENT U 2of2. :; + ,`��'� �.. i � ..I�rovz.._ - `si'Ea _e�'",s.�.`•- £.mac��ia-v� - '= s- a>.'c.— '�'e�i:c- �.- YaY�4'. °<�+x '.seda. .+�.z,.u..:.:a�,ema�.e..... - =', _t ( • � i \ '^ ,, tia F i i -- �r . • a ��. .' ... '.. >]v 4 .[ :_��_ ; PROPOSAL UPPER NEWPORT BAY EARLY ACTION PLAN SAN DIEGO CREEK AND UPPER NEWPORT BAY I! CONTRACT NO. 2276 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Gentlemen: RECEIVED MAR 151982 ► J. W. MITCHELL L Co.. INC. ,�_ The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contracts No. 2276 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: SCHEDULE A Item Quantity Item Description Unit Total No. and Unit Unit Price Written in Words Price Price 1. 260,600 Mass excavation from Station C.Y. 33 +10 to Station 77 +60 @ Dollars and i ✓TV Cents $g� /� s5ff. 00.00 der Cubic Yarcl 2.. 90,000 Mass excavation from Station C.Y. 81 +60 to Station 99 +80. @ 7(A)11 Dollars and f''0 ✓7N - �i Q �� Cents $� $�� 0 0. V Per ubic and 3. Lump Excavation of low -flow channel Sum from Station 8 +24 to Station 31/ +80. @.li_ Y1rouS�nt� G��M� �iurd.ea Dollars and on / ^ �^ 40 -p—so to gig �,},� Cents $ D i ps $ -_ Lump um PR-1 -j r �, „�1 _ rr., �,,' v ✓o r ,i i �' -. _ _ n- ^ ,: ; tip_ � s;� *:. _i.. SCHEDULE A Item Quantity Item Description Unit ota No. and Unit Unit Price Written in Words Price Price 4. P 6. 7- t:M 9. Lump Concrete channel section at Sum Station 19 +00. @ Dollars and n� 1 > n Cents Lump Sum Lump Demolition and removal of the Sum existing weir at Station 50 +21 including modification to exist- ing culvert per Detail D /8. 1. I ObO. 00 @ �Q J�,nQ� (ng�Dollars and Cents $ 7,= . $-9mD• 00 um�p $umm Lump Construction of weir structure Sum at MacA thur Bo�jle ar Ong W41%dved /ll #, @ movie «d. Dollars and o Cents Lump Sum Lump Construction of drop structure Sum at Camp s Drive. Two 14"difCA 71,;, "y @ T1ect{n.+AL Dollars and ND Cents LUMP Zu Lump Construction of weir structure Sum at Campus Drive. One µw ,id Beat &.JC%4.1. Dollars //°° and b Cents Lump 3u Lump Construction of drop structure Sum at Stat"�* on 100 +00. O"t 4w *dreaL E%01 rve @��lcgae( —Dollars and 0 Cents Lump Sum $�3sono'$ 35 00.001 �. � .�� _ 111 �• $ $A1000.00 1 (1�wnw $ $ _ s --- - V T,N PR -2 % " r • n 0 SCHEDULE A Item Quantity Item Description Unit Total No. and Unit Unit Price Written in Words Price Price 10. 1,200 Miscellaneous grouted riprap S.Y. at existing 11culvert outlets. @_)YTti Dollars �7 and Np Cents Per Square Yard 11. Lump Surface preparation for Site A Sum area. rj / /1 IQwAPo11ars and Cents umL— p�'um 12. Lump Base drainage layer for Site A. Sum 114)e„�4 ONJT�eu j, Dollars and n Cents Lump Sum 13. Lump Intermediate drainage layer for Sum Site A. $,j 0 00 $4000.00 1 $J o °'$ .00o. 00 $lLona- $Q000.00 j �.?_AfiyAlmjDollars and _ 10 � Cents Lump —Sum 14. 336,000 Excavate material from Upper C.Y. Newpport Bay, place in S'te A. at 80% of maximum density per a�ternate A of the special provisions @ -_!dJ 0 Dollars and ., S'p �00. 00 i Cents $ $ Per Cubic Yard 15. Lump Construction of drop structure Sum at Jambor9 Road. @ mp uja n Dollars and /�� /�/� Lump hum 0 Cents $ImAno�$ ��OJ`�"O.W p -- PR -3 0 • SCHEDULE A Item Quantity Item Description Unit Tota No. and Unit Unit Price Written in Words Price Price 16. Lump Sum Modify the existing 24" outlet and construct new 60" outlet and struc- ture from Site "A" to San Diego Creek, complete in place as shown on the Plans @ / Lje% 'q 71rtt AOUSg6%d Dollars �— and K0 Cents Per Lump Sum 17. Lump Sum Project sign. @ rl*Ve, 94'Ad r'CCL. Dollars and %y Cents Per Lump Sum 18. 200 C.Y. Excavate and place imported 3/4" gravel bedding in groundwater or unstable ground. Q3.000 s$ 3,000.00 f i @ —i T►/ Dol lars and o n o Cents $ $1 D, D Ov, 00 Per C bic Yard TOTAL BID PRICE FOR SCHEDULE A WRITTEN IJ WORDS AND FIGURES: TWO m +IIaO SeVe„ PWAdPCOL rr y1 gli 09 1, 98. f, AAA ndr*AL ol9ars and U Cents - TOTAL BID a PR -4 0 9 SCHEDULE B tem No. uanti y and Unit teescription Unit Price Written in Words Unit Price Total Price 1. 260,000 Mass excavation from Station C.Y. 33 +10 to Station 77 +60 @ Dollars and Cents $ $ Per Cubic ar 2. 90,000 Mass excavation from Station C.Y. 81 +60 to Station 99 +80. @ Dollars and Cents $ $ Per Cubic Yard 3. Lump Excavation of low -flow channel Sum from Station 8 +24 to Station 31 +80. @ Dollars and Cents $ $ Lump Sum PR -5 • 0 SCHEDULE 8 Item Quantity Item Description Unit Total No. and Unit Unit Price Written in Words Price Price 4. Lump Concrete channel section at Sum Station 19 +00. @ Dollars and Cents $ $ Lump Sum 7. Lump Construction of drop structure Sum at Campus Drive. @ Dollars and Cents $ $ Lump Sum 8. Lump Construction of weir structure Sum at Campus Drive. @ Dollars and Cents $ Lump Sum 9. Lump Construction of drop structure Sum at Station 100 +00. @ Dollars and Cents $ Lump Sum PR -6 @ Dollars and 1 { Cents $ $ x i Lump Sum 5. Lump Demolition and removal of the T Sum existing weir at Station 50 +21 including modification to exist- ing culvert per Detail D /8. @ Dollars " and Cents $ $ Lump Sum 6. Lump Construction of weir structure Sum at MacArthur Boulevard. @ Dollars and Cents $ $ Lump Sum 7. Lump Construction of drop structure Sum at Campus Drive. @ Dollars and Cents $ $ Lump Sum 8. Lump Construction of weir structure Sum at Campus Drive. @ Dollars and Cents $ Lump Sum 9. Lump Construction of drop structure Sum at Station 100 +00. @ Dollars and Cents $ Lump Sum PR -6 r� 1 { x i ~ V= ..� . �., . f^ 1 .n .-h ♦I �� / � �_ /` ' 7 _ �.J. �^. i.7' .___.. .,a...... r' -- ... .... • SCHEDULE B • Item Quantity Item Description Unit Total. No. and Unit Unit Price Written in Words Price Price 10. 1,200 Miscellaneous grouted riprap S.Y. at existing culvert outlets. @ Dollars and Cents $ $ Per Square Yard 11. Lump Surface preparation for Site A Sum area. @ Dollars and , Cents $ $ Lump Sum 12. mp B nage layer for Site A. um @ (DELETED) s an Cents $ ump Sum _ 13. mP diate drainage layer for Site A. @ (DELETED) and Cents $ Lump um 14. 336,000 Excavate material from Upper C.Y. Newport Bay and place in Site A. at 90% relative compaction per Alternate B of the Special Provisions. @ Dollars and Cents $_ $ Per Cubic Yard 15. Lump Construction of drop structure Sum at Jamboree Road. @ Dollars and Cents Lump Sum V -i ; -^ - PR-7 .t_'._4 �r• SCHEDULE B 0 Item Quantity Item.Description . nit Tota No. and Unit Unit Price Written in Wards Price Price 16. Lump Sum Modify the existing 24" out 't and construct new 60" outlet arstruc- ture from Site "A" to San Diego Creek, complete in place as shown on the Plans @ Dollars and Cents $ $ Per Lump Sum 17. Lump Sum Project sign. @ Dollars and Cents Per Lump Sum $_ $ 18. 200 C.Y. Excavate and place imported 3/4" gravel bedding in groundwater or unstable ground. @ Dollars and Cents $ $ Per Cubic Yard TOTAL BID PRICE FOR SCHEDULE B WRITTEN IN WORDS AND FIGURES: TOTAL BID SCHEDULE A TOTAL BID SCHEDULE B March 30, 1982 Date 294838 Contractor's License No. Dollars and Cents .w TOTAL BID er✓ , PRESIDENT (714) 951 -7625 #2 THOMAS, IRVINE, CALIFORNIA 92714 Telephone No. Address 1P.0 a� 15 fPR-8 DDQ , -�.ru►nto , mss:;,._- :z� =�'. --s, t ��- �"�- .�..:.�., ..�-r.��.3.. : +:. =fir; �. ....r. .--� =�.... ,....,.� .. .•_"� -- _'.°'°"��.- �..— '��.�+? /' _ - _ `i . ` ��' _- _ i:, = - _ �. ;� •. •� .'�'. .. :.. _ �. :. i - � - r ,r • • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the of a of the City Clerk. All parties to the contract shall be governed by a p ovisions of the California Labor Code relating to prevailing wage rates (S cti ns 1770 -7981 in- clusive). The Contractor shall be responsible for complia ce ith Section 1777.5 of the California Labor Code for all apprenticeable occupa, ion . 294838 - General Engineering. Tyne A Contr's Lic. No. & Classification March 30, 1982 Date • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. (� Item of Work Subcontractor Address 1 2 3 4 5 6 7 8 9 10 11 12 C_ y O Z ° x m [1 A O � �Zn ti ��rY m G7 C ° m ° � D iI x m m ° m ° � % ti 6 C7 I G 2 � d w C d �o a 30 � - d d � O 0 N O � f � 6 O N 6 | | | , / � / / /2 /_� ` 2«I ■ [« f� e= 0 < Ac @!E■ \o \ § §ig �(�� \ cr } B) (� ° \/§ 7 lei § §(/ /k ca / ic){ / § - \ ƒ 0� @ I � ( § ■�- §� � k § j q 0 In , • rY • • raye w BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, J.W. MITCHELL CO., INC. , as bidder, and TRANSAMERICA INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF BID AMOUNT- - - - - - - - - - - - - - Dollars ($ 10% OF BID), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of UPPER NEWPORT BAY EARLY ACTION PLAN S CALIFORNIA DEPT. OF FISH b GAME PILOT MARSH RE Title of Project Contract No. #2276 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29thday of MARCH , 19 2 (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission expires Lutmo )mzea S na re /title J. W. MITCHELL, R., PRESIDENT TRANSAMERICA INSURANCE COMPANY Surety By •�� , 1 '�� Title PATRICIA M. WHITE. ATTORNEY IN FACT A A6HORITY OF SIGNERS FOR SURE Transcripts from the By -Laws Transamerica insurance Services Transamerica Insurance Company I, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify: That the following have been duly appointed Resident Officers or Attorneys -in -Fact of TRANSAMERICA INSURANCE COMPANY with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto. and to bind TRANSAMERICA INSURANCE COMPANY thereby. I do further certify that the authority of the Resident Officers or Attorneys -in -Fact, hereinafter listed, is in full force and effect. RESIDENT PLACE VICE PRESIDENTS COSTA *ESA, R.C. LIITTSChAJAGER CALIFORNIA — - — — — — — — — — RESIDENT SECRETARIES R.C. LIITTSCH','AGER DOUGLAS C. NILES DAVID C. BkNFER PATRICIA ' ". WHITE ATTORNEYS IN FACT R.C. LIITTSCFWA.G DOUGLAS C. NILES DAVID C. BANTER PATRICIA 'f. ?,'E ?IT I do further certify that the following transcript from Article VII of the By -Laws of TRANSAMERICA INSURANCE COMPANY is a just, true and correct copy of the original thereof and is stiff in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts ofindemnity, endorsements, stipulations, waivers, consents of sureties, re- insurance acceptances or agreements, surety and co- surety obliga. tions and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President on by any other officer, employee, agent of Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization{ pro- vided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the Resident or a Vice Resident, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any Instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This certification is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANY at a meeting duly called and held on the 27th day of December. 1962: RESOLVED, that the signature of the Secretary and the seal of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys -in -Fact by facsimile, and any such Certificate bearing such facsimile signature seal shall be valid and binding upon the Company when so affixed, and in the future, with respect to any bond, undertaking or contLact-of surety- ship or any document or notice pertaining thereto, to which it is attached. - . Given under my hand and the seat of the Company, this ',�� day of , 13 0 �. a 1723 A . 1 • BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, J.W. MITCHELL CO., INC. and TRANSAMERICA INSURANCE COMPANY 0 rdye 4 as bidder, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF BID AMOUNT- - - - - - - - - - - - - - Dollars ($ 10% OF BID ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of UPPER NEWPORT BAY EARLY ACTION PLAN b CALIFORNIA DEPT. OP FISH 6 CAME PILOT MARSH RE Title of Project Contract No. #4276 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29rh day of MARf� 192 (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission expires C413 1:9: Title PATRICIA M. WHITE. ATTORNEY IN FACT AU ORITY OF SIGNERS FOR SURETIS Transcripts from the By -Laws Transamerica Insurance Services Transamerica Insurance Company I, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify: That the following have been duly appointed Resident Officers or Attoineys -in -Fact of TRANSAMERICA INSURANCE COMPANY with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto, and to bind TRANSAMERICA INSURANCE COMPANY thereby. 1 do further certify that the authority of the Resident Officers or Attorneys -in -Fact, hereinafter listed, is in full force and effect. RESIDENT PLACE VICE PRESIDENTS COSTA MESA, R.C. LIITTSCH6IAGER CALIFORNIA - - - - - - - - - - RESIDENT SECRETARIES R.C. LIITTSCIT,AGER DOUC-LAS C. NILES DAVID C. BANFER PATRICIA M. WHITE ATTORNEYS IN FACT R.C. LIITTSCPTATA' DOUGLAS C. NILE DAVID C. BANFF,_°, PATRICIA >!. N7111 I do further certify that the following transcript from Article VII of the By -Laws of TRANSAMERICA INSURANCE COMPANY is a just, true and correct copy of the original thereof and is still in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re- insurance acceptances or agreements, surety and co- surety obliga- tions and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; pro. vided that all policies of insurance shall also beat the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice Resident, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This certification is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANY at a meeting duly called and held on the 27th day of December, 1962: RESOLVED, that the signature of the Secretary and the seal of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys -in -Fact by facsimile, and any such Certificate bearing such facsimile signature seal shall be valid and binding upon the Company when so affixed, and in the future, with respect to any bond, undertaking or contract of Surety. ship or any document or notice pertaining thereto, to which it is attached. Given under my har�and t e seal of ay, Coon an� this !°l� da• of � , 19 � i�� Se cretary 1723 o W Z 6 O N U I N L E H W 3 I a aw° J. G1 QV =^ x aJV @ U>Z O�& O g z f N 9 m ov �v v c a c 3 E d V m m w y ~ C N V (O N y C h 1 E c 0 1 gyp, O I • C O Izx.5o v I 6 � E jU C pyl J JO d U —wE d I C p N 3� o Wf I W d rn ri z H d =d m a a d31 'PT, =o x • s.s a E E o W Z 6 O N U I N L E H W 3 I a aw° J. G1 QV =^ x aJV @ U>Z O�& O g z f N 9 k t ■ � \ U- b ( ) ! § § E \ /� . $R§ t ■ � \ f \3 ( ) ! $ § $R§ /�� ` ! as « { §§ F §f e ] I (§ k £2 i � $ Z.0 ) �) - a ©k G<z<>1a | ■ 2 £ Q \>3c§ §2 yak ■§ \�� /%» ■«.mom \wk jai §§ §} | lima ■2omwa' d 91 0 A \ d z& ;�.� NON- COLLUSION AFFIDAVIT • Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 30th day of March 19J32. My commission expires: July 26, 1985 OFFICIAL SEAL JERILYN L HALLEY m NOTARY PUBLIC - CALIFORNIA OFKNGE COUNTY Mr WITIM. UPires JUL 26, 1985 • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. 6& A ep 640 'Ie �o 4 0 • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed_ For Whom Performed (Detail) Person to Contact Telephone No. wlvl � 9� 0 March 12, 1982 THE IRVINE COMPANY Conditions for the Use of Site A for Additional Stockpile Material ny (TIC) at its sole discretion, may make the area defined as able for disposal of additional material above the grades shown on t e pproved project grading plan, subject to the following conditions: 1. Additional material may be disposed on Site "A" only if the contracted fill amount (336,000 c.y.) is placed at 90% (alternate B). 2. Additional fill material shall be compacted to 90% in a manner conform- ing to the contract specifications, section VII, Alternate B. The total amount of fill material shall not exceed 700,000 c.y. 3. Contractor to provide a supplemental grading plan and, an erosion control plan to be approved by TIC. Such plan shall show limits of additional fill, slopes and proper drainage facilities. 4. Final grades of additional fill material shall describe a surface generally parallel to that shown on the contract plans. 5. Contractor shall provide a sediment basin at the Northwest corner of Site "A ". 6. Contractor shall obtain appropriate permits from the City of Newport Beach and any other public agency approvals. 7. Additional fill material shall be the material removed from San Diego Creek channel. 8. Contractor shall construct berms at the top of placed additional fill material to control surface runoff and protect slopes. 9. Contractor shall plant exposed slopes with approved plant material to prevent erosion. 10. Grading plan shall provide setbacks to toe of fill of additional fill material, as required by the Irvine Company. 11. All additional material (stockpile) shall become the property of The Irvine Company at the time of approved placement on Site "A" unless specifically approved. 12. The City will provide to TIC copies of certifications from the soils engineer and approvals regarding the placement of additional material at 90% compaction. 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'jKZ) APR 12 1982 �- TO: CITY COUNCIL By 'rlla Cl "f`I COUNCIL FROM: Public Works DepayQ&VnP' K7HPORT 6EACH SUBJECT: a . t RECOMMENDATIONS: IA DEPARTMENT OF 1. Award Contract No. 2276 to the J. W. Mitchell Co., Inc. for $2,783,550.80 and authorize the Mayor and the City Clerk to execute the contract. 2. Authorize staff to negotiate a project change order to pro- vide additional excavation from the Upper Bay. DISCUSSION: 1982: Eight bids for this contract were opened at 2:30 P.M. on March 30, Bidder J. W. Mitchell Co., Inc., Irvine SCI (Sukut Construction Inc.), Santa Ana Troy Isom Equipment, Ontario R. & B. Contractors, Arcadia Chadwick and Buchanan Inc., Long Beach Novos -Rados Constructors, Santa Ana Amount Schedule A Schedule B $2,783,550.80 $3,379,800.00 3,441,796.80 3,381,769.00 3,448,080.00 3,692,020.00 3,709,900.00 Pascal and Ludwig, Inc., 5,727,000.00 4,346,920.00* Upland Clarke Construction Co., 5,288,000.00 5,014,100.00 Compton *Pascal and Ludwig, Inc., proposal total shown as $4,378,920. Bid was corrected due to error in extension of unit price. C -aa��o Schedule A provided for placement of material excavated from the bay on Site A (see sketch) at a minimum relative compaction of 80 %, with horizontal drains provided to facilitate future consolidation. Material excavated from San Diego Creek would be disposed of at the Contractor's option. Schedule B r-. .__J M April 12, 1982 Subject: Upper Newport Bay Early Action Plan, and California Department of Fish and Game Pilot Marsh Restoration (C -2276) Page 2 provided for placement of material excavated from the bay on Site A at a mini- mum relative compaction of 90 %, with the material excavated from San Diego Creek also permitted to be placed on Site A. The low bid was 18.13% less than the Engineer's estimate of $3,400,000. The difference between the estimate and the bid is due to lower prices than anticipated for the drop and control structures in San Diego Creek. The J. W. Mitchell Co. has satisfactorily performed similar work for various agen- cies and companies in Southern California. The City's 208 Water Quality Planning Study recommended an early action plan to provide sediment control protection for the Upper Newport Bay. This project provides for construction of the Upper Bay Early Action Plan and the Department of Fish and Game's Pilot Marsh Restoration Project. The work consists of excavating a low -flow channel in San Diego Creek from Jamboree Road to MacArthur Boulevard, deepening the San Diego Creek Channel from MacArthur Boulevard upstream to beyond Campus Drive, installing drop and control struc- tures in the Channel, and excavating a basin downstream of Jamboree Road. The Department of Fish and Game (Pilot Marsh Restoration) work consists of excava- tion below Jamboree Road adjacent to the City's excavation. A sketch is attached showing limits of the work. All permits and agreements as detailed in the City Council memo of February 22, 1982, have been obtained. (See attached.) COSTS Project costs and funding are as follows: 1.. Project Management Services (Coordinate Grant and Permit Applications) 2. Water Quality Control Permit Fee and Grant Withholding 3. Environmental Document Preparation 4. Engineering Services (Plans and Specifications) 5. " " (Construction) 6. Construction Contract 7. Contingencies $ 20,000.00 21,000.00 28,500.00 195,000.00 95,000.00 2,783,550.80 100,000.00 Total Cost $3,243,050.80 TO: CITY COUNCIL FROM: Public Works Department 40 February 22, 1982 CITY COUNCIL AGENDA ITEM N0. C —/ 3 SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN, AND CALIFORNIA DEPARTMENT OF FISH AND GAME PILOT MARSH RESTORATION (C -2276) RECOMMENDATIONS: Approve the plans and specifications for the combined projects. Authorize the City Clerk to advertise for bids to be opened at 2:30.P.M. on March 30, 1982. DISCUSSION: The City's 208 Water Quality Planning Study recommended an Early Action Plan to provide sediment control protection for the Upper Newport Bay. The work consists of excavating a low -flow channel in San Diego Creek from Jamboree Road to MacArthur Boulevard, deepening the San Diego Creek channel from MacArthur Boulevard upstream to beyond Campus Drive, installing drop anc control structures in the channel, and excavating a basin downstream of Jamboree Road. The Department of Fish and Game has modified the scope of its pro- posed Pilot Marsh Restoration Project. The revised project provides for ex- cavation adjacent to the City's proposed Early Action Plan excavation in the Upper Bay. Because of the similarity of the work and the potential problems of coordinating separate contracts within the Upper Bay, it will be to the mutual benefit and savings of both the Department of Fish and Game and the City to combine the proposed work into one contract. The subject plans and specifica- tions include all the City's Early Action Plan excavation and construction, and the Department of Fish and Game's Pilot Marsh Restoration excavation. A sketch is attached showing limits of the proposed work. In order to summarize the status of the project, the agreements, per- mits, environmental documents, and approvals needed for the work have been listed below. Except where indicated otherwise the necessary actions and approvals have been completed. A. Agreements (entered into by City) Engineering Services (a) Boyle Engineering Corporation (Plans and Specifications) -- 1/9/81 (b) Donald C. Simpson, Consulting Civil Engineering (Project Manage- ment)-- 4/15/81; amended 7/22/81 February 22, 1982 Subject: Upper Newport Bay Early Action Plan, and California Department of Fish and Game Pilot Marsh Restoration Page 2 2. Excavated Material Disposal Site (a) The Irvine Co. for use of Irvine Co. property (Site "A ") as a spoil area. Use of this local site provides a $1,000,000 savings to the project. Sept. 28, 1981 3. Funding (a) Orange County Environmental Management Agency for $83,333 of local matching funds. June 23, 1981 (b) The Irvine Co. (letter of understanding) for $83,333 of local matching funds. Sept. 3, 1981 (c) California Department of Fish and Game to combine Pilot Marsh Restoration and Early Action Plan and to provide $700,000 for Department of Fish and Game's project. (Amendment on Feb. 8, 1982, by City; to be executed by State prior to award of contract) Sept. 4, 1981 (d) Grant contracts with State Quality Control Board. (1) Contract for $1,304,000 (2) Contract for $1,446,000 Conservation Bond funds 1982, to be executed by of contract) B. Environmental Documents >f California Water Energy Resources Funds Nov. 22, 1981 Clean Water and Water (Executed on Feb. 8, State prior to award 1. City Early Action Plan- -Final EIR June 22, 1981 2. Department of Fish and Game Pilot Marsh Restoration- - Final EIR Oct., 1979 C. Permits 1. California Coastal Zone Permit (a) City, Early Action Plan Sept. 1, 1981 (b) Department of Fish and Game, Pilot Marsh Restoration Feb. 5, 1982 (Amended) 2. California Regional Water Quality Control Board (a) City's Early Action Plan and Department of Fish and Game's Pilot Marsh Restoration projects combined under City's permit. Sept. 11, 1981 b N► w February 22, 1982 Subject: Upper Newport Bay Early Action Plan, and California Department of Fish and Game Pilot Marsh Restoration Page 3 3. Department of Army, Corps of Engineers (a) City, Early Action Plan Oct. 14, 1981 (b) Amended to include Department of Fish and Game Pilot Marsh Restoration Feb., 1982 4. Department of Fish and Game. Permit to divert flow in San Diego Creek and Newport Bay. July 10, 1981 5. Count of Orange, General Services Department. Permit to dispose of material at Coyote Canyon Sanitary Landfill. Permit to be obtained by successful low bidder. Conditions for permit included in project special provisions. 6. Count of Oran a Environmental Management A enc . Permit for a haul route wit n San D ego reek. Permit to be obtained by successful low bidder. 7. The Irvine Com an entr permit. Permit to be obtained by successful ow bidder. D. Plan Approvals 1. Orange County Environmental Management Agency for work in San Diego Creek. Feb., 1982 2. Department of Fish and Game for work in Upper Bay Feb. 1982 3. Water Quality Control Board for entire Early Action Plan Feb., 1982 4. The Irvine Co. for the Site "A" Disposal Site Grading Plan Feb., 1982 The plans and specifications have been prepared by Boyle Engineering Corporation. Project scheduling calls for completion of the work by October 15, 1982. The Engineer's estimate for construction of the combined projects is $3,400,000. A detailed account of project funding will be presented for the Council when award off contract is to be considered. Benjamin Nolan Public Works Director JW:jd Att. 117 i WOODS & ACCETTA CERTIFIED PUBLIC ACCOUNTANTS Centerpointe I, Suite 210,19712 MacArthur Boulevard, Irvine, California 92715 (714) 975 -0929 LJ Board of Directors ' J. W. Mitchell Co. Inc. Irvine, California ' We have reviewed the accompanying balance sheets of J. W. Mitchell Co. Inc. as of December 31, 1981 and March 31, 1981 and the related statements of income and retained earnings and changes in financial position for the nine months ' ended December 31, 1981 and the year ended March 31, 1981 in accordance with standards established by the American Institute of Certified Public Accountants. All information included in these financial statements is the ' representation of the stockholder and management of J. W. Mitchell Co. Inc. A review consists principally of inquiries of company personnel and analytical ' procedures applied to financial data. It is substantially less in scope than an examination in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in ' conformity with generally accepted accounting principles. 1 Irvine, California February 17, 1982 1 1 • 0 �J L I 1 1 1 1 11 1 1 1 �l 1 BALANCE SHEET (Unaudit0 J. W. MITCHELL CO. INC. ASSETS CURRENT ASSETS Cash including $600,000 certificates of deposit Accounts receivable, including retentions ($66,509 at December; $69,209 at March) and net of allowance for doubtful accounts ($3,500 at December; $2,000 at March) Costs and estimated earnings in excess of billings on contracts in process Amount due from affiliates Amount due from officer /stockholder Refundable federal and state taxes Other assets TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Machinery and equipment Furniture and fixtures Automobiles Leasehold improvements Automobile held under capital lease Allowance for depreciation and amortization (deduction) I December 31 March 31 1981 1981 ' $ 595,240 $ 658,921 t 1,182,675 979,319 197,276 9,592 532,340 315,255 270,748 32,658 12,976 3,126,192 1,660,808 122,652 69,177 53,317 19,872 42,450 27,966 8,084 8,084 79,483 61,463 305,986 186,562 (129,517) (92,709) 176,469 93,853 OTHER ASSETS 11,166 $3,302,661 $1,765,827 ---------- ---- - - - - -- 1 • t i IIJ ' December 31 1981 March 31 1981 ' LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Note payable to bank - Note B $ 400,000 $ ' Accounts payable, including amounts due to affiliates ($104,817- December; $25,091- March) 976,590 560,651 Billings in excess of costs and estimated ' earnings on contracts in process 512,658 30,399 Amounts due officer /stockholders 300,000 Income taxes payable 221,410 ' Deferred federal and state income taxes 501,000 40,000 Accrued pension and profit- sharing contribution 16,000 50,566 ' Dividends payable 6,400 Other accrued expenses 38,527 35,200 Current portion of long -term debt 6,787 8,301 tCurrent obligations under capital lease 12,030 7,981 TOTAL CURRENT LIABILITIES 2,463,592 1,260,908 ' LONG -TERM DEBT - Note C 6,787 ' OBLIGATIONS UNDER CAPITAL LEASE - Note D 41,527 34,701 STOCKHOLDER'S EQUITY Capital Stock, par value $10.00 per share; ' Authorized 7,500 shares, issued and outstanding 110 shares 1,100 1,100 Additional capital paid in 9,900 9,900 ' Retained earnings 786,542 452,431 797,542 463,431 ' COMMITMENTS - Note H ' $3, 302,661 $1,765_827 ' See notes to financial statements and accompanying accountants' review report. ' STATEMENT OF INCOME 0 RETAINED EARNINGS (Unaudi.ted• J. W. MITCHELL CO. INC. Nine Months Ended Year Ended December 31 March 31 1981 — 1981 Revenues: Contract revenues $8,723,890 $5,906,161 Miscellaneous income 57,947 52,416 8,781,837 5,958,577 Costs and expenses: Contract costs 7,565,041 4,623,539 General and administrative expenses 528,065 778,204 Interest expense 14,620 6,097 8,107,726 5,407,840 INCOME BEFORE INCOME TAXES 674,111 550,737 Income taxes — Note E 340,000 261,000 NET INCOME 334,111 289,737 Retained earnings at beginning of period 452,431 167,094 Cash dividends (4,400) RETAINED EARNINGS AT END OF PERIOD $ 786,542 ---- - - - - -- ---------- $ 452,431 ---- - - - - -- ---- - - - - -- See notes to financial statements and accompanying accountants' review report. STATEMENT OF CIIANGfiS *LNANCIAL POSTTION (Un.vidited)� J. W. MITCHELL CO. INC. Nine Months Ended Year Ended December 31 March 31 1981 1981 SOURCE OF FUNDS Net income $334,111 $289,737 Depreciation and amortization not requiring outlay of working capital 36,808 56,452 TOTAL FROM OPERATIONS 370,919 346,189 Proceeds of obligations under capital leases 18,020 25,254 Reduction of deposits 11,166 400,105 371,443 USE OF FUNDS Assets acquired under capital lease 18,020 25,254 Purchases of property and equipment 101,404 53,986 Increase in deposits 11,166 Payment and current maturities of long- term debt 6,787 7,711 Payment and current maturities of obli- gations under capital lease 11,194 7,486 Cash dividends 4,400 137,405 110,003 INCREASE IN WORKING CAPITAL $262,700 $261,440 • • 1,465,384 1,022,859 Increase (decrease) in current liabilities: Note payable to bank Nine Months Accounts payable Ended Year Ended Billings in excess of costs and estimated December 31 March 31 earnings on contracts in process 1981 1981 CHANGES IN COMPONENTS OF WORKING CAPITAL (221,410) 178,810 Increase (decrease) in current assets: 461,000 (26,000) Cash $ (63,681) $ 423,241 Accounts receivable 203,356 657,407 Costs and estimated earnings in excess (34,566) 4,874 of billings on contracts in process 187,684 (69,166) Amounts due from affiliates 532,340 18,850 Amount due from officer /stockholder 315,255 898 Refundable income taxes 270,748 5,298 Other assets 19,682 11,377 1,465,384 1,022,859 Increase (decrease) in current liabilities: Note payable to bank 400,000 Accounts payable 415,939 443,686 Billings in excess of costs and estimated earnings on contracts in process 482,259 (19,397) Income taxes payable (221,410) 178,810 Deferred federal and state income taxes 461,000 (26,000) Amounts due to officer /stockholder (300,000) 150,000 Accrued pension and profit - sharing contribution (34,566) 4,874 Dividends payable (6,400) 4,400 Other accrued expenses 3,327 18,850 Current portion of long -term debt (1,514) 898 Current obligations under capital lease 4,049 5,298 1,202,684 761,419 INCREASE IN WORKING CAPITAL $ 262,700 ---- - - - - -- ---------- $ 261,440 ---- - - - - -- ---- - - - - -- See notes to financial statements and accompaying accountants' review report. ' NOTES TO FTNANCIAL *F.MENTS (Unaudited) • J. W. MITCHELL CO. INC. December 31, 1981 ' NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Contract revenue: ' Long -term contracts are accounted for on the percentage -of- completion method wherein costs and estimated profits are included in revenues as the work is performed. Losses are recognized in the period in which they become ' determinable. The amount stated for each contract included in the balance sheet represents the estimated sales value of work performed less amounts billed to customers. Property and equipment: Property and equipment are recorded at cost and depreciated or amortized utilizing the straight -line method for assets costing approximately $24,000 and the declining balance method for all other assets over their estimated useful lives as follows: Furniture and fixtures Machinery and equipment Leasehold improvements 5 - 10 years 2 - 7 years 5 years Expenditures that materially increase the asset life are capitalized, while ordinary maintenance and repairs are charged to operations as incurred. When assets are sold or retired, the cost and related accumulated depreciation are removed from the accounts and any resulting gain or loss is included in earnings. Income taxes: Deferred income taxes are provided for the timing differences between reporting methods for financial and tax purposes which are principally due to differences in contract reporting and California franchise taxes. Investment tax credit: The investment tax credit is accounted for under the flow- through method, reducing income tax expense in the period the credit is earned. Nor FS TO FINANCIAL or DIENTS (Unaudited) - Conti.nu* J. W. MITCHELL CO. INC. December 31, 1981 NOTE B - NOTE PAYABLE TO BANK Notes payable to Bank of America are secured by accounts receivable and consist of the following: - $200,000 on November 12, 1981, due January 13, 1982 with an interest rate of prime plus 1/2 percent. The rate at December 31, 1981 was 16.25 %. - $200,000 on December 18, 1981 due March 18, 1982 with an interest rate of prime plus 1/2 percent. The rate at December 31, 1981 was 16.25%. NOTE C - LONG -TERM DEBT Long -term debt consists of an installment note to an ex- shareholder /officer. Payments of $2,376 are due quarterly, including interest at 10% per annum, beginning in January 1980 until October 1982. The note was issued in connection with the reacquisition of the Company's capital stock in 1979. NOTE D - OBLIGATIONS UNDER CAPITAL LEASE The following is a schedule by year of future minimum payments under the capital lease and the present value of future minimum rentals as of December 31, 1981: Fiscal Year Amount 1982 $ 5,317 1983 31,665 1984 22,404 1985 9,484 Total minimum lease payments 68,870 Less amount representing interest 15,313 Total obligations under capital lease 53,557 Less current obligations 12,030 Long -term olbigations under capital lease $41,527 ' NOTES TO FINANCIALWTF,MRNTS (Unaudited) - Continuob J. W. MITCHELL CO. INC. ' December 31, 1981 NOTE E - INCOME TAXES Income tax expense consists of the following: ' Nine Months Ended Year Ended December 31 March 31 1981 1981 _ _ Federal: Currently payable (refundable) $(113,000) $ 238,000 ' Deferred 372,000 (25,000) Investment tax credit (8,000) (5,000) ' 251,000 208,000 State: Currently payable (refundable) 200 54,000 ' Deferred (1,000) _88,800 89,000 _ 53,000 ' $340,000 -- - - - --- -------- $261,000 -- - - - - -- -- - - - - -- ' NOTE F - MONEY PURCHASE PENSION PLAN AND PROFIT SHARING PLAN The Company has a qualified money purchase pension plan and a profit sharing ' plan which covers substantially all employees who meet minimum eligibility requirments as to age and length of service. ' Contributions for the pension plan ($16,000 at December 31, 1981 and $50,566 at March 31, 1981) are computed based on ten percent of the participant's annual compensation less any forfeitures each year. Contributions for the profit ' sharing plan are at the discretion of the Board of Directors. NOTE G - RELATED PARTY TRANSACTIONS ' Much of the equipment used by the Company is rented from an affiliated company at hourly rates which are comparable to those prevailing in the construction ' industry. For the nine months ended December 31, 1981 and the year ended March 31, 1981, this rental expense approximated $1,486,000 and $566,300, respectively. ' NOTES TO FINANCIAL jWTF.MF,NTS (Unaudited) - Continuob J. W. MITCHELL CO. INC. ' December 31, 1981 1 II II II NOTE H - COMMITMENT ' The Company leases its facilities from an affiliated company. The lease provides for a monthly rental of $2,400 through February 1982. Beginning in ' March 1982, the Company will locate in a affiliated company. The new lease is a ten new facility (10) year owned by the same non - cancellable lease with monthly payments of approximately $13,500, with cost of living increases not to exceed 10% per annum. The Company will in turn sublease a portion of ' the facility to affiliates for $3,900 per month with cost of living increases not to exceed 10% per annum. An additional 9,500 square feet will be subleased in the future. Following is a summary of the minimum lease obligation, net of ' sublease revenues over the period of the lease: Lease Sublease Net ' Obligation Revenues Obligation 1982 $ 162,000 $ 46,800 $ 115,200 1983 162,000 46,800 115,200 t 1984 162,000 46,800 115,200 1985 162,000 46,800 115,200 1986 162,000 46,800 115,200 ' 1987 - 1991 810,000 234,000 576,000 $1,620,000 $468,000 $1,152,000 1 II II II I 1 1 1 1 9 0 SUPPLEMENTARY INFORMATION (Unaudited) 0 Board of Directors J. W. Mitchell Co, Inc. Irvine, California 0 WOODS & ACCETTA CERTIFIED PUBLIC ACCOUNTANTS Centerpointe I, Suite 210,19712 MacArthur Boulevard, Irvine, California 92715 (714) 975 -0929 The financial information of J. W. Mitchell.Co. Inc. presented hereinafter, supplementary schedules of accounts receivable, contracts in process, accounts payable and general and administrative expenses, is presented only for supplementary analysis purposes and has been subjected to the inquiry and analytical procedures applied in the review of the basic statements; and we did not become aware of any material modifications that should be made to such data. �s �i.. n A % Irvine, California February 17, 1982 SCHEDULE, OF ACCOUNTS&CF.IVABLE (Unaudited) J. W. MITCHELL CO. INC. Contract Number Contracts in progress Various San Diego County 61 Lumsdaine 65 Santa Fe Engineers, Inc. 66 R.E. Hazzard 67 Irvine Company, 76 County of Orange, EMA 80 Lumsdaine 86 J. D. Stine 91 C. W. Poss Construction 98 Corona Rock Quarry 02 Miscellaneous other receivables See accompanying accountants' report on supplementary information. December 31 March 31 1981 1981 $1,051,745 $ 838,261 13,785 31467 3,467 1,000 39,934 11,500 6,199 31,097 21,986 1,123 62,633 73,899 5,287 2,111 $1,186,175 $ 981,319 SCHEDULE OF CONTRACTS IN P &ESS (Unaudited) , J. W. MITCHELL CO., INC. December 31, 1981 ' Contract Costs Incurred Estimated Costs to Total Estimated ' Number Description Type Amount To Date Complete Costs 10 Campeau Corporation A $8,500,000 $5,475,930 $1,774,070 $7,250,000 ' 20 County of Orange A 895,671 548,437 258,563 807,000 21 Iconco of California A 48,143 40,508 7,062 47,570 ' 96 U. S. Navy A 268,082 221,653 13,347 235,000 , 97 Conrock A 62,986 60,983 2,003 62,986 1 1 Contract Type A - Fixed Price - Lump Sum ' 1 t 0 0 $1,051,745 $ 197,276 $512,658 See accompanying accountants$ report on supplementary information. Costs and Billings Estimated in Earnings Excess of Estimated in Excess Costs and Profit Percent Contract Accounts of Estimated (Loss) Complete Earned Billings Collections Receivable Billings Earnings $1,250,000 76% $6,442,270 $6,933,863 $6,468,690 $ 465,173 $ $491,593 88,671 68% 606,371 409,095 409,095 197,276 573 85% 41,000 48,143 47,354 789 7,143 33,082 94% 251,997 263,916 150,214 113,702 11,919 97% 60,983 62,986 62,986 2,003 $1,051,745 $ 197,276 $512,658 See accompanying accountants$ report on supplementary information. SC14EDULE OF CONTRACTS IN *ESS (Unaudited) . J. W. MITCHELL CO. INC. March 31, 1981 Contract umber Description 67 R. E. Hazard 85 Santa Ana Valley Iri- gation 87 City of Anaheim — Pel- aconi Park Contract Types: A — Fixed Price — Lump Sum Costs Estimated Incurred Costs to Type Amount To Date Complete A $ 399,660 $ 380,808 $ 10,000 A 1,696,318 1,083,189 450,000 A 141,600 31,646 95,000 Total Estimated , Costs $ 390,808 ' 1,533,189 , 125,646 ' i 0 0 14,954 25.0% 35,400 48,640 48,640 13,240 $838,261 $ 9,592 $ 30,399 -- - - - - -- -- - - - - -- -- - - - - -- -------- -- - - - - -- -- - - - - -- See accompanying accountants' report on supplementary information. Costs and Billings Estimated in Earnings Excess of Estimated in Excess Costs and Profit Percent Contract Accounts of Estimated (Loss) Complete Earned Billings Collections Receivable Billings Earnings $ 8,852 97.4X $ 389,269 $ 379,677 $ 341,709 $ 37,968 $ 9,592 $ 163,129 70.6X 1,197,600 1,214,759 463,106 751,653 17,159 14,954 25.0% 35,400 48,640 48,640 13,240 $838,261 $ 9,592 $ 30,399 -- - - - - -- -- - - - - -- -- - - - - -- -------- -- - - - - -- -- - - - - -- See accompanying accountants' report on supplementary information. ' SCHEDULE OF ACCOUN ]WAYABLE (Unaudited) . J. W. MITCHELL CO. INC. ' December 31 March 31 1981 1981 Addison Equipment $ 5,759 ' Alco Equipment Company 37,152 Allied Industries 5,712 American Pacific Concrete Pipe Arias, Jose L. 80,179 6,045 Armco, Inc. 149,062 Bank of America 3,176 9,232 ' Bartzak, William 5,019 Chadwick & Buchanan 37,093 Chavez Trucking 68,128 6,763 Chevron 13,153 Clancy Enterprises 6,102 Conrock 64,516 Construction Laborers Trust Fund Contractors Equipment Service 21,921 6,295 31,356 Corona Rock 46,082 113,747 Crane Rental 5,921 De Britz Lumber Co. 15,898 Downs Oil Co. 12,307 Dynamic Protection Agency 5,556 Ecco Equipment Rental 30,248 ' Gomez & Son Construction 6,761 A. Greenwood 6,674 ' Henry, Lloyd A. J & S Equipment 115,064 5,206 Johnson Crane Service 15,438 Johnson, Steve 6,032 ' H. McConnell 6,593 Martin Supplies 18,776 Martin Trucking 33,910 Merli Concrete 6,137 1 Oper. Eng. Trust Fund 25,522 16,587 Owl Rock 35,064 ' Pascal & Ludwig Rigdon & Assoc. 15,042 41,354 9,335 Savalla Construction 8,964 Savin Corp. 12,486 ' Sirrah Transport 5,415 Williams, (Jay) Agency 16,517 William, Linell 5,922 A. Young 6,230 ' Others, under $5000 124,481 77,401 Amounts due affiliate 104,817 _25,091 ' $976_590 $560_651 ' See accompanying accountants' report on supplementary information. i t SCHEDULE OF GENERAJWD ADMINSITRATIVE EXPENSES (Unf#ited) J. W. MITCHELL CO. INC. See accompanying accountants' report on supplementary information. December 31 March 31 1981 _ 1981 Bad debt expense $ 1,500 $ Bank charges 10,612 9,162 Contributions 297 2,103 Depreciation and amortization 36,808 56,452 Dues and subscriptions 7,352 5,326 Insurance - general 75,425 115,005 Legal and accounting 18,441 22,113 Maintenance 4,757 5,205 Miscellaneous 2,090 14,872 Office supplies and expenses 31,683 19,517 Pension and profit- sharing expense 16,000 50,566 Rent 21,600 18,000 Salaries and related expense 276,889 429,540 Security 2,620 Travel 3,223 13,483 Utilities 18,768 16,860 $528,065 -- - - - - -- -------- $778,204 -- - - - - -- -- - - - - -- See accompanying accountants' report on supplementary information. "RECEIVED AFTER A^ENDA PRINTED ": SUKUT CONSTRUCTION, INC. GENERAL ENGINEERING CONTRACTORS 4010 W. CHANDLER • SANTA ANA, CALIFORNIA 92704 • (714) 540 -5351 Uj CONTR. LICENSE NO. 255981 April 9, 1982 cs9�� Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 SUBJECT: Upper Newport Bay Early Action Plan - San Diego Creek and Upper Newport Bay - Contract 2276 Gentlemen: It is our understanding that you plan to award the contract on the Upper Newport Bay Project based on Schedule A as outlined in your job specifications and proposal form. As stated in the project specifications, the requirements for mechnical placement a£ fill in Site A either Alternate A or Alternate B, will be chosen by the City at the time of award of the contract. If Alternate A is chosen, the fill material can only be dried out to the limits of the moisture density curve as shown in the Appendix of the Specifications. This requires that the fill is placed and compacted to at least 80% of the maximum density while remaining in a saturated condition. Also if Altenate A is chosen, horizontal drainage layers shall be provided at six foot vertical intervals in Site A as specified in section VII -F of the specifications. If Alternate A is chosen for this contract, only 336,000 cubic yards of fill material can be place in Fill Site A according to the con- ditions stated by the Irvine Company. The remaining yardage is to become the property of the contractor and must be disposed of outside of the limits of work. Because of the restrictions listed in this letter regarding the.csn- structuion of this contract based on Alternate A, we feel that this alternate is not a feasible alternative. But, if this contract is awarded based on Alternate A, we expect that the specifications will be followed as they are written and we will monitor the job to ensure that the job is constructed according to this alternate. Sincerely, S�UK�UT COON, INC Michael Craw rd Estimator 1 t THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. ss County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit February 24, 1982 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this 24day of FebrudPy 1982 Signature THE NEWPORT ENSIGN 2721 E Coast Hwy., Corona del Mar, California 92625. This space is for the County Clerk's Filing Stamp A PUBLIC NOTICE NOTICE INVITING BIDS Proof of Publication of UPPER NEWPORT BAY EARLY ACTION PLAN AND CALIFORNIA DEPARTMENT OF FISH AND GAME PILOT MARSH RESTORATION PROOF OF PUBLICATION 4A TO: CITY COUNCIL FROM: Public Works Department 0 c aaQ( February 22, 1982 CITY COUNCIL AGENDA ITEM N0. F FEB 22 198? COUNCIL SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN, AND CALIFORNIA DEPffi"E#f r %,.,t•.70RT BEACH OF FISH AND GAME PILOT MARSH RESTORATION (C -2276) RECOMMENDATIONS: 1. Approve the plans and specifications for the combined projects. Authorize the City Clerk to advertise for bids to be opened at 2:30.P.M, on March 30, 1982. DISCUSSION: The City's 208 Water Quality Planning Study recommended an Early Action Plan to provide sediment control protection for the Upper Newport Bay. The work consists of excavating a low -flow channel in San Diego Creek from Jamboree Road to MacArthur Boulevard, deepening the San Diego Creek channel from MacArthur Boulevard upstream to beyond Campus Drive, installing drop and control structures in the channel, and excavating a basin downstream of Jamboree Road. The Department of Fish and Game has modified the scope of its pro- posed Pilot Marsh Restoration Project. The revised project provides for ex- cavation adjacent to the City's proposed Early Action Plan excavation in the Upper Bay. Because of the similarity of the work avid the potential problems of coordinating separate contracts within the Upper Bay, it will be to the mutual benefit and savings of both the Department of Fish and Game and the City to combine the proposed work into one contract. The subject plans and specifica- tions include all the City's Early Action Plan excavation and construction, and the Department of Fish and Game's Pilot Marsh Restoration excavation. A sketch is attached showing limits of the proposed work. In order to summarize the status of the project, the agreements, per- mits, environmental documents, and approvals needed for the work have been listed below. Except where indicated otherwise the necessary actions and approvals have been completed. Agreements (entered into by City) Engineering Services (a) Boyle Engineering Corporation (Plans and Specifications) -- 1/9/81 (b) Donald C. Simpson, Consulting Civil Engineering (Project Manage- ment)-- 4/15/81; amended 7/22/81 February 22, 1982 Subject: Upper Newport Bay Early Action Plan, and California Department of Fish and Game Pilot Marsh Restoration Page 2 2. Excavated Material Disposal Site (a) The Irvine Co. for use of Irvine Co. property (Site "A ") as a spoil area. Use of this local site provides a $1,000,000 savings to the project. Sept. 28, 1981 3. Funding (a) Orange County Environmental Management Agency for $83,333 of local matching funds. June 23, 1981 (b) The Irvine Co. (letter of understanding) for $83,333 of local matching funds. Sept. 3, 1981 (c) California Department of Fish and Game to combine Pilot Marsh Restoration and Early Action Plan and to provide $700,000 for Department of Fish and Game's project. (Amendment on Feb. 8, 1982, by City; to be executed by State prior to award of contract) Sept. 4, 1981 (d) Grant contracts with State Quality Control Board. (1) Contract for $1,304,000 (2) Contract for $1,446,000 Conservation Bond funds 1982, to be executed by of contract) )f California Water Energy Resources Funds Nov. 22, 1981 Clean Water and Water (Executed on Feb. 8, State prior to award B. Environmental Documents 1. C it y Early Action Plan- -Final EIR June 22, 1981 2. Department of Fish and Game Pilot Marsh Restoration- - Final EIR Oct., 1979 C. Permits 1. California Coastal Zone Permit (a) City, Early Action Plan Sept. 1, 1981 (b) Department of Fish and Game, Pilot Marsh Restoration Feb. 5, 1982 (Amended) 2. California Regional Water Quality Control Board (a) City's Early Action Plan and Department of Fish and Game's Pilot Marsh Restoration projects combined under City's permit. Sept. 11, 1981 0 February 22, 1982 Subject: Upper Newport Bay Early Action Plan, and California Department of Fish and Game Pilot Marsh Restoration Page 3 3. Department of Army, Corps of Engineers (a) City, Early Action Plan Oct. 14, 1981 (b) Amended to include Department of Fish and Game Pilot Marsh Restoration Feb., 1982 4. Department of Fish and Game. Permit to divert flow in San Diego Creek and Newport Bay. July 10, 1981 5. Count y of Orange, General Services De artment. Permit to dispose of material at Coyote anyon Sanitary Landfill. Permit to be obtained by successful low bidder. Conditions for permit included in project special provisions. 6. Count of Oran a Environmental Mana ement A enc . Permit for a haul route wit in San Diego Creek. Permit to be obtained by successful low bidder. 7. The Irvine Com an entr permit. Permit to be obtained by successfu low bidder. D. Plan Approvals 1. Orange County Environmental Management.Agency for work in San Diego Creek. Feb., 1982 2. Department of Fish and Game for work in Upper Bay Feb. 1982 3. Water Quality Control Board for entire Early Action Plan Feb., 1982 4. The Irvine Co. for the Site "A" Disposal Site Grading Plan Feb., 1982 The plans and specifications have been prepared by Boyle Engineering Corporation. Project scheduling calls for completion of the work by October 15, 1982. The Engineer's estimate for construction of the combined projects is $3,400,000. A detailed account of.project funding will be presented for the Council when award off contract is to be considered. Benjamin B. Nolan Public Works Director JW:jd Att. THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) • STATE OF CALIFORNIA, County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: July 29, 1981 • I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this29 day ofJuly, 19 81 Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. This space is for the County Clerk's Filing Stamp A PUBLIC NOTICE Proof of Publication of NOTICE INVITING BIDS *UPPER NEWPORT BAY J p Paste Clipping of Notice SECURELY In This Space Styled bi& my be nebwd x fy': oHlro N We CRY Chwh, 3300 1lwwf , Houteve,d, Newpotl Heath. rA-w 83' e td 7:30 P.m. w the 1416 •dq o1.. A.q", real, a which xme . Wh'" iel T� PROOF OF PUBLICATION 7- 409SNG -0 Q,,2 :7 1IT i� �J Jlj a71asal SEAQ1 TO: CITY COUNCIL FROM: Public Works Department 49 July 27, 1981 CITY COUNCIL AGENDA ITEM NO. F -15 SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN -- SEDIMENTATION BASINS AND DROP STRUCTURES IN SAN DIEGO CREEK (CONTRACT NO. 2276) RECOMMENDATIONS: DISCUSSION: Approve the plans and specifications. Authorize the City Clerk to advertise for bids to be opened at 2:30 P.M. on August 14, 1981. The City's 208 Water Quality Planning Study recommended an Early Action Plan to provide sediment control protection for the Upper Newport Bay. • The work consists of a low flow channel in San Diego Creek from Jamboree Road to MacArthur Boulevard, deepening San Diego Creek channel from MacArthur Boulevard upstream to beyond Campus Drive, installing drop and control structures in the channel, and dredging a basin downstream of Jamboree Road. In order to receive the most favorable bid results, staff proposes two separate contracts. The subject contract includes all the work in San Diego Creek upstream of Jamboree Road involving the more con- ventional use of drag line and trucks for material removal. The second con- tract will include all the excavation downstream of Jamboree Road and is more closely related to the State of California Department of Fish and Game proposed dredging project. At this time, project scheduling is to advertise for bids on the work downstream of Jamboree Road in August 1981. Permits for the subject project in San Diego Creek have been ap- plied for from the Coastal Commission, the Corps of Engineers, the Water Quality Control Board, the Orange County Environmental Management Agency, and the State Department of Fish and Game. Staff has been in continual con- tact with all of these agencies, and permits or letters of clearance are anticipated by mid to late August 1981. Funds for the work, State Clean Water Bond funds and Energy • Resource funds,have been provided in the current State budget. Before the funds can be utilized by the City, they must be combined in a grant contract between the City and State Water Resources Control Board. The Santa Ana Regional Board is acting for the State Board and is presently preparing the contract with City staff. The funding contract will be prepared for City Council approval prior to award of this construction contract. M � July 27, 1981 Subject: Upper Newport Bay Early Action Plan -- Sedimentation Basins and Page 2 Drop Structures in San Diego Creek (Contract No. 2276) • The plans and specifications were prepared by Boyle Engineering. The Engineer's estimate is $1,750,000. Project schedule calls for completion of the work in San Diego Creek by January 23, 1982. An illustrative sketch is attached for reference. ar,40—� J K4 Benjamin B. Nolan Public Works Director JW: j d Att. • 3. 0 • s' 0 J Z Q J d z 0 F-- U ¢ Y W J LLJ C74 v cc w o 0o ca t— z a ¢ CD cn a 3 w Z W d n..