HomeMy WebLinkAboutC-2483 - Unit II Upper Newport Bay Sediment Control & Restoration ProjectCITY OF NEWPORT BEACH
OFFICE OF THE CITY C:�ERK
P.O. BOX 1768, NEWPORT BEACH', CA 92658 -8915
May 3, 1988
Dutra Dredging Company
750 River Road
P.O. Box 794
Rio Vista, CA 94571
Subject: Surety:
Bonds No.:
Contract No.:
Project:
(714) 644 -3005
Safeco Insurance Company of America
5285423
C -2483
Upper Newport Bay Sediment Control
and Restoration Project and Upper
Newport Bay Water Transmission Main
Crossing (Unit II)
The City Council of Newport Beach on April 11, 1988 accepted
the work of subject project and authorized the City Clerk to
file a Notice of Completion and to release the bends 35 days
after the Notice has been rcco:_ded in acctrdance with
applicable sections of the C'.vil Code.
The Notice was recorded by th,: ',grange County Recorder -in
April 14, 1988, Reference No. 88- 177397.
Sincerely,.
Irene Butler
Assistant City Clerk
IB:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
'ERG AWE
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RETURN TO: �( 88 -)Tf'l
'I erk 1. EXEMPT RECORDING REQUEST Pdo v 11 UU l
Of Ne � t' BZch
J Newport Blvd. GOVERNMENT CODE 6103
eport Beach, CA 92663 -3884 EXEMPT
NOTiCF. OF COMPLETION C10
NO CONSIDERAVU
PUBLIC WORKS
1 o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on April 11, 1988
the Public Works project consisting of Upper Newport Bay Sediment Control and _
Restoration Project and Upper Newport Bay Water Transmission Main Crossing (Unit II)
(C -2483
on which Dutra Dredging Company, 750 River Road, P.O. Box 794, Rio Vista, CA 94571
was the contractor, and Safeco Insurance Company of America, 5858.Stoneridge Mall Road,
was the surety, was completed. Suite easanton, CA 945 6
rAPk 2 9' 1988
VERIFICATION
'1-1' the undersigned, say:
CITY OF NEWPORT BEACH
4�11�f J
Public Works 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 April 12, '1988 at Newport Beach, California.
Public 91orks Director
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 April 11, 1988 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 April 12, 1988
at Newport Beach, California.
I �
OF ORANGE COUNTY CAUFORNlA
�-1 xs PM APR 14'88
COUNTY
RFMOM
4
April 11, 1988
Subject: Acceptance of Upper newport Bay Sediment Control and Restoration
Project and Upper Newport Bay Water Transmission Main Crossing
(C -2483)
Page 2
The City administered the construction contract under a joint powers
agreement with the State Department of Fish & Game. Funding for the project was
provided under a Cooperative Agreement between the Department of Fish & Game
(75 %), the Cities of Irvine (0.32 %) and Newport Beach (3.51 %), the County of
Orange (0.23 %), the Orange County Harbors, Beaches & Parks District (3.36 %) and
The Irvine Company (17.58 %).
The County of Orange and the City provided $100,000 each and The
Irvine Company provided $25,000 to fund the additional channel widening and
deepening that was accomplished under Change Order No. 4.
The dredging portion of this project completes the in -bay facilities
for sedimentation control and restoration that began in 1981 with the "Early
Action" plan. The total project included two sedimentation basins in San Diego
Creek, a basin in the Bay below Jamboree Road, a basin below the Old Salt Works
dike, a channel between the two in -bay basins, an access channel from the lower
basin to below the Pacific Coast Highway Bridge and a side channel to isolate an
island below the dike. The total cost of these projects was approximately $13
million. In the future, maintenance dredging will be required to remove accumu-
lated sediment from the basins. A copy of an informational summary dated
November 1987 on the over -all project is attached for reference.
Included in this contract was the replacement of the 24" submarine
water transmission main crossing located above the Pacific Coast Highway Bridge.
This line was washed out during the 1983 flood flows and service to the westerly
side of the Bay was dependent on the remaining transmission line on the bridge.
With the submarine crossing restored dual means of service is again available.
The contract was scheduled to be completed by December 17, 1987.
However, additional time was allowed for Change Orders No. 3 and 4 changing the
allowable completion date to April 1, 1988. The work was completed on March 29,
1988.
The contractor was Dutra Dredging Company.
Benjamin B. Nolan
Public Works Director
BBN:ds
Attachment
• UPPER NEWPORT BAY •
SEDIMENTATION CONTROL AND RESTORATION A10 V. 1987
Restoration work and control of sedimentation within Upper Newport Bay is
nearing completion, thanks to the cooperative efforts of the State Department of
Fish and Game; the Cities of Irvine, Newport Beach and Tustin; the County of
Orange; and The Irvine Company.
This most recent effort began in 1980 with the Cities of Irvine and Newport
Beach, together with the Southern California Association of Governments spon-
soring a 208 Study. The recommendations contained in the Study have been imple-
mented. Projects directly affecting the Bay and totalling $13,8 million have
either been completed or are under construction.
Early Action Plan
This project, completed in the fall of 1982 at a cost of $3.7 million,
included two sedimentation basins upstream of the Bay and a 50 -acre basin within
the Bay. 500,000 cubic yards of previously deposited sediment was removed from
the Bay.
The project proved its effectiveness during the major storms of early 1983
by trapping in excess of 300,000 cubic yards of sediment.
Unit I
This $4.1 million project, completed in November 1985, enlarged the "Early
Action" basin to 85 acres, deepened the basin, and created a 300 - foot -wide and
3200- foot -long outlet channel. 890,000 cubic yards of sediment was removed from
the Bay.
Unit II
A contract awarded for this project, costing $5.2, is nearing completion.
This project involves the excavation of another basin within the Bay at the
southerly end of the Unit I outlet channel, together with side channels for
restoration purposes and a 100- foot -wide access channel extending from the basin
to lower Newport Bay. Approximately 1,100,000 cubic yards of previously depo-
sited sediment is being removed from the Bay. Excavation is being accomplished
with a clamshell dredge and the spoils hauled with barges to the ocean disposal
site four miles off the harbor entrance.
Third Sedimentation Basin
A contract has been awarded for the construction of a third sedimentation
basin in San Diego Creek immediately upstream of the two basins constructed as
part of the Early Action Plan. The cost of this basin is $800,000. The addi-
tional basin will add to the trapping efficiency of sediment that is transported
during large storms, thus reducing the amount of sediment that reaches Upper
Newport Bay.
Upon completion of Unit II, 2.4 million cubic yards of previously deposited
sediment will have been removed from the Bay since 1982 at a cost of $11.9
million which has been funded by State and local entities. The tidal prism will
be essentially restored to the condition existing prior to 1930 which was the
beginning of significant changes in the Bay. In addition, basins will exist
3
Upper Newport Bay Sedimentation Control and Restoration
Page 2
which will localize the deposit of incoming sediments that cannot be trapped
upstream. The capacity of the in -Bay basins will be sufficient so that main-
tenance removals only will be required every five years or more on average. The
Agreement between the parties funding the initial construction also provides for
funding the cost of perpetual maintenance. Completion of Unit II concludes the
planned in -Bay sediment control facilities.
A cooperative agreement has been entered into between the State Department
of Fish & Game; the County of Orange; the Cities of Irvine, Tustin, Newport
Beach; and The Irvine Company. The stated purpose of the agreement is to pro-
vide a forum to evaluate and assess progress toward implementing the
Comprehensive Storm Water Sedimentation Plan, to formulate project - implementing
agreements for the elements of the plan, and to evaluate and assess the effec-
tiveness of the various elements of the Plan.
Current members of the Executive Committee created in the agreement are:
County of Orange -- Supervisor Thomas Riley
State Department of Fish & Game- -Fred Worthley
City of Irvine -- Councilman Ed Dornan
City of Tustin - -Mayor Richard Edgar
City of Newport Beach - -Mayor John Cox
The Irvine Company -- Thomas Nielsen
Participants in funding the Upper Newport Bay restoration work and sedimen-
tation control facilities are:
State of California, Department of Fish & Game
State of California Clean Water Bond Act Grant
California Coastal Conservancy Grant
Port of Long Beach
County of Orange
Orange County Harbors, Beaches and parks District
City of Irvine
City of Tustin
City of Newport Beach
The Irvine Company
Project Costs:
Early
Action Plan
$ 3.7 M
Unit
I Bay Basin
4.1 M
Unit
II Channel & Basins
5.2 M
Third
Sedimentation Basin
0.8 M
DS:jd
11/23/87
H
Total
$13.8 M
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TO: City Clerk
FROM: Don Simpson
SUBJECT: Change Order No. 4 (C -2483)
0
March 25, 1988
Attached is a fully executed copy of Change Order No. 4 for
Contract No. C -2483.
Donald Simpson
Special Project Engineer
DS:so
Attachment
cc: Purchasing
0
CITY OF NEWPORT BEACH
PUBLIC WORKS PROJECT CHANGE ORDER
0
CHANGE ORDER NO. 4 DATE March 23, 1988
CONTRACT 2483 BUDGET NO. 02- 4197 -334
CONTRACTOR'S NAME Dutra Dredging Company
PROJECT NAME Upper Newport Bay Sediment Control & Restoration Project & Upper
Newport Bay Water Transmission Main Crossing
ACTION:
1. Dredge 186 foot wide channel from Station -2 +00 to 17 +00 per Delta 2 on
Sheets 3 & 4 of the drawings.
2. Dredge Area A per Delta 2 on Sheet 4 of the drawings.
3. Add excavation 186 foot wide channel per Delta 2.
Approximately 66,225 C.Y. @ $3.02 $200,000
4. Add excavation Area A per Delta 2,
Approximately 72 hours @ $750 /hr. $'54;00 -
Net increase in contract amount $254,000
5. Add 104 calendar days to time of completion for additional work under
Change Order #3 and this Change Order,
CONTRACTOR: Dutra Dredging Company
BY
DATE
I
• 9 December 14, 1987
BY THE CITY COUNCIL CITY COUNCIL AGENDA
CITY OF NEWPORT BEACH ITEM NO. F -18
TO: CITY COUNCIL DEC 14 1987
• FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT, UNIT II
CONTRACT NO. 2483
RECOMMENDATION:
Authorize the staff to negotiate a contract change order in the
approximate amount of $400,000 for the excavation of approximately
100,000 cubic yards of additional material at the northerly end of the
project.
DISCUSSION:
A contract was awarded for the Upper Newport Bay Unit II project in
December 1986. The work included in the contract is now nearing completion and
it appears that there will be additional funds available of approximately
$400,000. These additional funds are due to the following:
1. Reduction of depth and width of side channels requested by
Department of Fish & Game resulting in cost savings of $75,000.
2. Actual quantity of excavation in access channel and basin was
30,000 cubic yards less than estimated resulting in cost savings of $90,000.
3. Accrued interest on Department of Fish & Game deposited funds of
$91,000.
4. Low bid was $7,000 less than estimated.
5. Contingencies administrations, inspection and survey costs are
approximately $200,000 less than estimated.
Maintenance of the basin below Jamboree Road constructed as part of
the Early Action and Unit I project will undoubtedly require barging the exca-
vated sediment to an ocean disposal site. The existing channel from the Unit I
basin to the basin below the old salt works dike now being completed as part of
the Unit II project is not deep enough for barge access. After consultation
with the Department of Fish & Game, it has been determined that the best use of
the additional funds would be the deepening of the access channel above the Unit
II basin. This would reduce the cost of the first maintenance project.
• The estimated unit cost of the additional work is $4.16 per cubic
yard. At this unit price, approximately 100,000 cubic yards of excavation can
be removed from the channel. This quantity of excavation will allow the chan-
nel to be extended approximately 1,800 feet above the old salt works dike.
In order to complete the recommended additional work, the contract
e will need extended to February 29, 1988.
Benjamin B. Nolan
Public Works Director
DS:jd
E
0
•
•
11
CITY0OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005 /ice
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: December 17, 1986
SUBJECT: Contract No. C -2483
Description of Contract Upper Newport Bay Sediment Control and
Restoration Project and Upper Newport Bay Water Transmission
Main Crossing (Unit II)
Effective date of Contract December 17, 1986
Authorized by Minute Action, approved on November 24, 1986
Contract with Dutra Dredging Company
Address 750 River Road
P.O. Box 794
Rio Vista. CA 94571
Amount of Contract $4,716,490.00
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
0
TO: CITY CLERK
FROM: Public Works Department
E
December 15, 1986
SUBJECT: UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AND UPPER
NEWPORT BAY WATER TRANSMISSION MAIN CROSSING
Attached are three copies of subject contract documents. Please have
them executed on behalf of the City, retain your copy and return the
remaining copies to our department.
ii
Sohn Wolter
Project Engir
JWlbjm
Attachments
eer
afY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915
until 11 A.M. on the 12th day of November , 1986,
at which time such bids shall be opened and read for
UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT
AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING
Title of Project
Q
U
2483
Contract No.
$5,241,280
Engineer's Estimate
a •
5pamm-m 4
6�� O
%1,
Approved by the City Council
this 22nd day of September, 1986.
Wanda E. Raggio lof
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,
P. 0. Box 1768, Newport Beach, CA 92658 -8915.
For further information, call Don Simpson at 644 -3311.
Project Manager
. PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT
AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING
CONTRACT NO. 2483
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
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 this Contract No. 2483
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:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
One Million One Hundred and Thirty
@ Thousand & Four Hundred_ & Sixty Dollars
and
zero Cents $ 1,130,460.00
Per Lump Sum
2. 996,000 Mass Excavations Basin "A ", "B" and
C.Y. access channel
@ Three Dollars
and
Two Cents $-3.02 $ 3,007,920.00
Per Cubic Yard
3. 100,000 Excavation side channels "A" and "B"
C.Y.
@ Three Dollars
and
Two Cents $ 3.02 $ 302,000.00
Per Cubic Yard
4. )upw Side slope excavation in basin and
L.F. side channels
10,600
@ Four Dollars
and
Forty Five Cents $ 4.45 $ 47,170.00
Per Linear Foot
PR 1.2
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
5. Lump Sum Trench excavation at Station 23 +83
@ Sixty Seven Thousand ___Dollars
and
zero Cents
Per Lump Sum
6. Lump Sum Relocate 3 submarine telephone cables
crossing access channel
@ Sixty Six Thousand Two Hundred Dollars
and
zero Cents
Per Lump Sum
$ 67,000.00
7. Lump Sum Furnish and install water line per
Drawing W- 5166 -S, complete
@Ninty Five Thousand Seven Hundred &DF?ft
and
zero Cents $ $ 95,740.00
Per Lump Sum
TOTAL PRICE WRITTEN IN WORDS
Four Million Seven Hundred Sixteen Thousand Four
Hundred Ninety Dollars
and
zero Cents $ 4,716,490.00
November 12, 1986 DUTRA DREDGING COMPANY
Date Bidder
707 - 374 -6901
Bidder's Telephone Number
S /Bill T. Dutra, President
Authorized Signature /Title
x/415346 -A 750 River Road, P.O. Box 794
Contractor's License No. & Classification Bidder's Address
Rio Vista, CA 94571
, • •
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. 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.
The City of Newport Beach will not permit a substitute format for the
contract documents listed above. Bidders are advised to review their content
with bonding and legal agents prior to submission of bid.
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.
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
discrepancy between wording and figures, bid wording shall prevail over bid
figures. In the event of error in the multiplication of estimated quantity by
unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held respon-
sible for bidder errors and 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 a
corporate officer or an individual authorized by the corporation. For part-
nerships, 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
contract. A copy of said determination is available in the office of the City
Clerk. All parties to the contract shall be governed by all provisions of the
California Labor Code relating to prevailing wage rates (Sections 1770 -7981
inclusive). The Contractor shall be responsible for compliance with Section
1777.5 of the California Labor Code for all apprenticeable occupations.
_$4153 46 -A
Contr's Lic. No. & C assif(— ication
�. •u.- EIS
DUTRA DREDGING COMPANY
Bidder
S /Bill T. Dutra, President
Authorized Signature /Title
Page 2
• Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer,and as provided by State law.
Subcontract Work Subcontractor Address
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
DUTRA DREDGING COMPANY
Bidder
S /Bill T. Dutra, President
Authorized Signature /Title
9
E
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, DUTRA DREDGING COMPANY
and SAFECO INSURANCE COMPANY OF AMERICA
and firmly bound unto the City of Newport
TEN PERCENT OF THE TOTAL AMOUNT BID
lawful money of the United States for the
be made, we bind ourselves, jointly and s
THE CONDITION OF THE FOREGOING OBLIGATION
•
Page 4
as bidder,
as Surety, are held
Beach, Calfornia, in the sum of
Dollars ($- -10 % -- ),
payment of which sum well and truly to
�verally, firmly by these presents.
IS SUCH,
That if the proposal of the above bounden bidder for the construction of
UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AND UPPER NEWPORT
BAY WATER TRANSMISSION MAIN CROSSING 2483
Title of Project Contract No.
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 to said City 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 contract documents for execution to the above bounden bidder by
and from said City, 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 individual,
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 10th day
of November 1986 .
DUTRA DREDGING COMPANY
(Attach acknowledgement of Bidder
Attorney -in -Fact)
Notary Public
Commission Expires:
August 21, 1987
S /. a, esident
AuthorizBill Ted Dutr SignaturPre /Title
SAFECO INSURANCE COMPANY OF AMERICA
By S /Betty L. McGarrity
Title Attorney -in -Fact
I
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.
DUTRA DREDGING COMPANY
Bidder
S /Bill T. Dutra, President
Authorized Signature /Title
Subscribed and sworn to before me
this 11th day of November ,
19-a6 .
My commission expires:
June 23, 1990 S /Sarah Pollahowsky
Notary Public
Page 5
• . 6A
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith this statement of qualifications,
references, and
equipment planned for use on the project.
Comparable
Projects:
No. 1
Location: BALDWIN SHIP CHANNEL STOCKTON
Description: Maint. Dredging J.V. with Canonie
Disposal Site: Land Disposal
Owner: U.S. COE
Date Started and Completed: Feb. 86 - July 86
Quantity, C.Y.: 475,000 (DUTRA PORTION)
Type of Material: Silt - Clay
Cost: $1,800,000 (DUTRA PORTION)
Equipment Used: 16 in. suction dredge
Reference: Wm. Cameron
Phone No.: 916 - 551 -3050
No. 2
Location: SANTA CRUZ HARBOR
Description: Maintenance Dredging
Disposal Site: Shoreline
Owner: U.S. COE
Date Started and Completed: Nov. 85 - March 86
Quantity, C.Y.: 207,315
Type of Material: Sand
Cost: $669,836.00
Equipment Used: 16" Dredge
Reference: Jim Joyce
Phone No.: 415 - 331 -0404
r
Contractor's Qualifications, References, Equipment and Construction
Methods
Page 2
Comparable Projects: (continued)
No. 3 Location: SANTA BARBARA HARBOR
Description: Maintenance Dredging
Disposal Site: Shoreline
Owner: U.S. COE
Date Started and Completed: Jan. 83 - May 86
Quantity, C.Y.: 772,234
Type of Material: Sand
Cost: 1,159,274.00
Equipment Used: 16" Dredge
Reference: Paul Apodaca
Phone No.: 805 - 963 -1522
Equipment to be Used on Project:
1. Barges
6
Number: 3
Size, C.Y.: 2 Ea. 900 C.Y.; 1 Ea. 1500 C.Y.
Present locations: San Francisco
Suction Dredges
Number: None
Manufacturer:
Suction Size:
Discharge Size:
Cutter H.P.:
Main Pump H.P.:
Present locations
6C
Contractor's Qualifications, References, Equipment and Construction
Methods
Page 3
3. Boosters
Number: None
Power Type:
Horsepower:
4. Clamshell Dredge
Number: 2
Bucket size, C.Y.: 4.5 C.Y. and 3 C.Y.
Present locations: Rio Vista, CA
5. Tugboats
Number: 2
Lengths: 85
Horsepower: 800
No. of screws: 2
Planned Production Rates:
Excavations, in- place, C.Y. /day: 6,000
Planned Barge Loading Area:
At site excavation.
Estimated Time to Complete after Award:
Calendar days: 365
DUTRA DREDGING COMPANY
Bidder
S /Bill T. Dutra, President
Authorized Signature
• � Page 7
NOTICE
The following are contract documents which shall be completed
and executed by the successful bidder after he receives a letter of
award from the City of Newport Beach:
PAYMENT BOND (pages 8 & 9)
FAITHFUL PERFORMANCE BOND (pages 10 & 11)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14)
CONTRACT (pages 15 & 16)
The City of Newport Beach will not permit a substitute format for
these contract documents. Bidders are advised to review their content
with bonding, insuring and legal agents prior to submission of bid.
BONDING COMPANIES shall be acceptable as sureties in accordance
with the latest revision of Federal Register Circular 570.
INSURANCE COMPANIES shall be (1) licensed to conduct business in
California, and (2) assigned Policyholders' Rating A (or higher) and
Financial Size Category Class VIII (or larger) in accordance with the
latest edition of Best's Key Rating Guide: Property- Casualty.
Coverages shall be pvided for ro all TYPES OF INSURANCE checked on the
CERTIFICATE OF INSURANCE.
All costs associated with the specifications of these contract
documents shall be absorbed in the bid. Such specifications shall
include those contained in (1) each contract document and (2) the
Standard Specifications for Public Works Construction (latest edition
adopted for use in the City of Newport Beach), except as supplemented
or modified by the Special Provisions for this project.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
BOND NO. 5285423
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted November 24, 1986
has awarded to DUTRA DREDGING COMPANY
hereinafter designated as the "Principal ", a contract for UPPER NEWPORT BAY SEDIMENT
CONTROL AND RESTORATION PROJECT AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING
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, or other supplies used in, upon, for, or about the performance of the
work agreed to be done, or for any work or labor done thereon of any kind, the Surety on
this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We DUTRA DREDGING COMPANY
P.O. BOX 794, RIO VISTA, CA 94571
as Principal, and SAFECO INSURANCE COMPANY OF AMERICA
5858 STONERIDGE MALL ROAD, SUITE 1101, PLEASANTON, CA 94566
as Surety, are held firmly bound unto the City of Newport Beach, in the SUM Of FOUR MILLION
SEVEN HUNDRED SIXTEEN THOUSAND FOUR HUNDRED NINETY 6 NO 1100 Dollars ($ 4,716,490.00 ),
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, or other supplies,
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 Unemploy-
ment 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 3250 of the Civil Code of the
State of California.
The bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 3181 of the California Civil Code
so as to give a right of action to them or their assigns in any suit brought upon
• • Page 9
Pdyment Bond (Continued)
this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil 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 duly executed by the Principal and
Surety above named, on the 2ND day of DECEMBER , 19--B-6--.
eal)
pa
tie
T. DUTRA, PRESIDENT
Authorized Signature and Title
SAFECO TNSURANCF COMPANY OF AMFRTrA (Seal)
Name of Surety
5858 STONERIDGE MALL ROAD, SUITE #101
s
BY:
Signature and Ti e' of A riled Agent
BETTY MC G RITY, A RNEY -IN -FACT
7700 COLLEGE TOWN DRIVE, SUITE (1105
EXECUTED IN FOUR (4) COUNTERPARTS Address of Agent SACRAMENTO, CA 95826
(916) 929 -1234
Telephone No. of Agent
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• Page 10
FAITHFUL PERFORMANCE BOND BOND No. 5285423
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted November 24, 1986,
has awarded to DUTRA DREDGING COMPANY
hereinafter designated as the "Principal ", a contract for UPPER NEWPORT BAY SEDIMENT
CONTROI AND RESTORATION PROJECT AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
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, DUTRA DREDGING COMPANY
P.O. BOX 794 RIO VISTA, CA 94571
as Principal, and SAFECO INSURANCE COMPANY OF AMERICA
5858 STONERIDGE MALL ROAD, SUITE #101, PLEASANTON, CA 94566
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of FOUR
MILLION SEVEN HUNDRED SIXTEEN THOUSAND FOUR HUNDRED NINETY & NO /OCDollars ($ 4,716,490.00
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)
0 Page 11
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 2ND day of DECEMBER , 198_-
EXECUTED IN FOUR (4) COUNTERPARTS
1)
G'
e
T. DUTRA, PRESIDENT
Authorized Signature and Title
$AFECO INSURANCE COMPANY nF AMFRTCA (Seal)
Name of Surety
5858 STONERIDGE MALL ROAD, SUITE #101
Address of Surety
BY:
Signat re Title Authori gent
BETTY . MC GAR ITY, ATT EY -IN -FACT
7700 COLLEGE TOWN DR. 111 5
Address of Agent
'2L'.' '29-12'14
Telephone No. of Agent
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/J\SAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE SAFECO PLAZA, SEATTLE. WASHINGTON�195
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
No. 4405
That Safeco Insurance Company of America, a Washinglnn corporatimn. does hereby appoint
-------------- - - - - -- BETTY L. McCARRITY, Sacramento, California---------------- - - - - --
its true and lawful attnrney(s) -in -fact, with I'ut authority to execute on behalf of the company fidelity and,surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
Safeco Insurance Company of America Iherchy as fully us if such insinlments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF, Safeeo Insurance Company of America has executed and attested ihesc presents
this 15th d:lv of November 11999 73
CERTIFICATE
Extract from the By -Laws ofSafcco Insurance Company of America:
"Article VI, Section I' — FIDELITY AND SURETY BONDS ... the Presidctrt, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the scal''shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
Safcco Insurance Company of America adopted July 29, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 12 of the Bylaws, and
(ii) A copy of the powerof- attorney appointment, executed pursuant thereto, and
(iii) Certifying that said powerof- attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a fucsimile thereof."
I. W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby ccrlify that the foregoing extracts of
the By -Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant
thereto, are true and correct, and that both the By.Laws, the Resolution and the Power of Attorney arc still in full force and
effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the fxslmilc seal of said Corponlion
LL C ogPOR ,� ,y r p I
�y h a 2ND
V i
SEAL -
si 1953 t
OF MlSlit�t',O
DECEMBER
M.
v
5- 1300 7/72 PRINTED IN U.S.A.
CERTIFICATE OF INSURANCE •
CE COMPANIES AF
G COV
Page 12
City of Newport Beach
Company
3300 Newport Boulevard
LIMITS OF LIABILITY IN THOUSANDS 0
A
Newport Beach, CA 92663
Letter
PACIFIC MARINE INSURANCE CO.
Company
B
NAME AND ADDRESS OF INSURED
Letter
_
Company
C
DUTRA DREDGING COMPANY
Letter
Company
D
750 River Road- P.0- Box 794
Letter
A�EMTCAN HOME ASRITRANCE COMPANY
- -- - - --
Company
E
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).
LETTER COVERAGE REQUIRED No. Date Each Completed
Occurrence Operations
GENERAL LIABILITY Bodily Injury a $
A x Comprehensive Form 86 Q
x Premises- Operations 10195 3/16/87 Property Damage $
X Explosion & Collapse Hazard
x Underground Hazard
x Products /Completed Operations Bodily Injury
Hazard and Property
x Contractual Insurance Damage Combined $500 $ 500
x Broad Form Property Damage
x Independent Contractors
x Personal Injury
x Marine Personal Injury $
Aviation
AUTOMOTIVE LIABILITY
g []x Comprehensive Form BA 4 Bodily Injury $
036620 3/16/87 (Each Person
Owned Bodily Injury $
(Each Occurrence)
❑x Hired Property ama e
Bodily Injury and
❑x Non -owned Property Damage
Combined $ 500
EXCESS LIABILITY
❑ Umbrella Form PM 2091E3 Bodily Injury
C ® Other than Umbrella Form and Property
3/16/87 Damage Combined $ 4,500 $ Excess
D WORKERS' COMPENSATION Statutory
and WC 86 ac
EMPLOYER'S LIABILITY 51400 3/18/8 $1,000 Accident)
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
ChNCELLATION: 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: 62,4 2-r: Agency: William H. Ray & Comapny
Authorized Repre&rtntative
Date: DeCP1i]l r 2, 1986 Telephone: (415) 421 -9760
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AND UPPER NEWPORT
Project Title and Contract Number
BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
NOTICE: 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 terms, exclusions and conditions of such policies, including attached endorsements.
m
Policy L
LIMITS OF LIABILITY IN THOUSANDS 0
000
COMPANY T
TYPES OF INSURANCE P
Policy E
Exp.
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
ChNCELLATION: 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: 62,4 2-r: Agency: William H. Ray & Comapny
Authorized Repre&rtntative
Date: DeCP1i]l r 2, 1986 Telephone: (415) 421 -9760
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AND UPPER NEWPORT
Project Title and Contract Number
BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
NOTICE: 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 terms, exclusions and conditions of such policies, including attached endorsements.
m
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 13
1. 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 Company, the State of
California, the California Department of Fish and Game; The City of Irvine, the
County of Orange, the Orange County Harbors, Beaches and Parks District; Pacific Bell,
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 insureds in connection with the contract designated
below. The insurance 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 addi-
tional insured or (3) operated by an additional insured. The insurance afforded the
additional named insureds shall apply as primary insurance and no other insurance main
tained by the additional insureds will be called upon to contribute with insurance pro-
vided 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.
(x) Multiple limits
Bodily Injury Liability
Property Damage Liability
( ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ 500,000. each occurrence
E 500,0=0 , each occurrence
$4,500,000.00 (Excess)
$ 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 SEDIMENT CONTROL AND RESTORATION PROJECT AND
5. Designated Contract: UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
(Project Titiv and Contract No.
This endorsement is effective 12/2/86 at 12:01 A.M. and forms a part of
Policy No. RA 4 036620 w PM 209163 (Excess)
Named Insured DUPRA CONSIRUMON CDMPANY Endorsement No. 8
Name of Insurance Company Willim H. Ray & Ccuipany By j% 14ZL A_�
uthorized Represnt�re
vI v. .%Lnr unl ucn611 rage 14
COMPREHENS T "E GENERAL LIABILITY INSURANCE F "IORSEMENT
• 0
'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 Company; the State of California,
the California Department of fish and Game; the County of Orange; the Orange Harbor,
Beaches Beaches and Parks District; the City of Irvine; and Pacific Bell, their officers
and employees are additional insureds, but only with respect to liability arising out of
operations performed by or on behalf of the named insureds in connection with the
contract designated below or acts and omissions of the additional insureds in connection
with their general supervision of such operations. The insurance afforded said addi-
tional 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 provision:
"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 con-
tained in the written contract, designated below, between the named insured and the
additional City of Newport Beach; The Irvine Company; the State of California; the
California Department of Fish and Game; the County of Orange; the Orange County Harbor,
Beaches and Parks District; County of Orange, Pacific Bell, their officers and
employees.
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.
(x) Multiple limits
Bodily Injury Liability
Property Damage Liability
( ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ 500,000.
each
occurrence
$ 500,000.
each
occurrence
4,500,000.bb Excess
$ 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 endorse-
ment 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 occurrence
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 D part t.
UPPER NEWPORT BAY SEDIMENef CONTNL AND RESTORATION PROJECT AND
1. Designated Contract: UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
Project Title and Contract No.)
This endorsement is effective 12/2/86 at 12:01 A.M. and forms a part of
Policy No. 86 GL 10195 _& PM 209163 Excess
Named Insured DWRA CONSMULTION COMANY Endorsement No. )B
Name of Insurance Company William H. Ray & Ccnpany By
Authorized Represents ve
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Page 15
CONTRACT
THIS AGREEMENT, entered into this f%1�day of > 19 9k ,
by and between the CITY OF NEWPORT BEACH, hereinafter "City," and
DUTRA DREDGING COMPANY 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 SEDIMENT CONTROL AND RESTORATION PROJECT AND
UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING 2483
Title of Project 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 SEDIMENT CONTROL AND RESTORATION PROJECT
AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING 2483
Title of Project 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 Four Million Seven
Hundred Sixteen Thousand Four Hundred Ninety Dollars and No Cents ($4,716,490.00 ).
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)
. Page 16
I
(f) Plans and Special Provisions for UPPER NEWPORT BAY SEDIMENT
CONTROL AND RESTORATION PROJECT AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
Title of Project Contract No.
(g) This Contract.
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.
C
Li
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
;diri
g ai? -litle
gnature and Title
i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
UNIT II UPPER NEWPORT BAY
SEDIMENT CONTROL AND RESTORATION PROJECT
CONTRACT NO. 2483
SECTION
PAGE
1
CONTROL OF WORK
1
1.1
Scope of Work
1
1.2
Time of Completion
1
1.3
Work Hours
2
1.4
Inspection of Work
2
1.5
Temporary Suspension of Work
2
1.6
Possible Project Modifications
2
1.7
Estimated Excavation Quantities
3
1.8
Construction Surveys
3
2
CONTRACTOR'S RESPONSIBILITIES
4
2.1
Conferences
4
2.2
Inspection of the Plans and Specification
5
by Contractor
2.3
Local Conditions
5
2.4
Reports
5
2.5
Permits and Licenses
6
2.6
Contractor's Records
6
2.7
Safety
6
2.8
Wildlife Habitat
6
2.9
Noise Mitigation
7
2.10
Protection of Utilities
7
i
r�
SECTION
3 CONTRACTOR'S OPERATIONS
3.1 Program of Work
3.2 Harbor Traffic Management Plan
3.3 Harbor Operation Requirements
3.4 Contractor's Storage and Operating Areas
3.5 Scow Marshalling Area
3.6 Discharge Pipeline
3.7 Pacific Coast Highway Bridge Protection
3.8 Guide Boats
3.9 Emergency Response
MOBILIZATION
INDEX (cont'd)
4
18
4.1 Mobilization
4.2 Basis of Payment for Mobilization
5 DREDGING
5.1 Disposal of Dredged Material
5.2 Misplaced Material
5.3 Environmental Controls
5.4 Dredging Tolerances and Acceptance
5.5 Payment for Dredging
6 WATER LINE TRENCH
6.1 Payment for Trench Excavation
7 TELEPHONE CABLE RELOCATION
7.1 General
7.2 Location of Cables
7.3 Cable Relocation
ii
PAGE
7
7
7
8
9
9
10
10
10
10
11
11
11
11
11
12
12
13
14
14
14
14
14
15
15
r
0
INDEX (cont'd)
0
SECTION
PAGE
7.4
Repair of Existing Cables
15
7.5
Protection and Restoration of Wetlands
15
7.6
Payment for Cable Relocation
16
8
WATER TRANSMISSION MAIN CONSTRUCTION
16
B.I.
General
16
8.2
Water Line Trench
16
8.3
Job Safety
17
8.4
Construction Water
17
8.5
Ductile Iron Pipe and Fittings
17
8.6
Steel Pipe, Fittings and Flanges
17
8.7
Pipeline Construction
17
8.8
Guarantee
18
8.9
Payment for Water Line Construction
19
8.10
Testing and Disinfection
19
9
SOILS REPORT
20
10
BONDS
20
11
INSURANCE
20
11.1
Liability Insurance
20
11.2
Workers' Compensation Insurance
20
12
INDEMNIFICATION
21
13
FAIR EMPLOYMENT PRACTICES
21
14
PRE -BID CONFERENCE
21
i i i
• • SP 1 of 21
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT
AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING
CONTRACT NO. 2483
SECTION 1 CONTROL OF WORK
1.1 Scope of Work
The work to be done under this Contract includes excavation of a sedi-
mentation control basin and side channels within Upper Newport Bay and
excavation of an access channel from the basin to a point in Lower
Newport Bay below the Pacific Coast Highway bridge, disposal of all
excavated material in a designated ocean disposal site, and
construction of a 24 -inch water transmission main crossing of Upper
Newport Bay.
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 (1)
these Special Provisions, (2) the Plans (Drawing No. M- 5249 -S, 12 sheets,
and W- 5166 -S, 3 sheets), (3) the City's Standard Special Provisions and
the Standard Specifications for Public Works Construction (1985
Edition), hereinafter referred to as the Standard Specifications).
Copies of the Standard Special Provisions and Standard Drawings may be
purchased at the Public Works Department for Five Dollars ($5). Copies
of the Standard Specifications may be purchased at Building News, Inc.,
3055 Overland Avenue, Los Angeles, CA 90034, (telephone (213) 870 - 9871).
The City's Standard Specifications, Standard Special Provisions, and
Standard Drawings are included in the Contract ocuments for said project
by this re erence.
1.2 Time of Completion
The award, if made, will be within Seventy -five (75) days after the
opening of bids.
All work included in the Contract shall be completed within Three
Hundred Sixty -five (365) consecutive calendar days from the date the
City Council awards the Contract.
• SP 2 of 21
The 24" water transmission main shall be completed within One Hundred
Twenty (120) consecutive calendar days from the date the City Council
awards the contract.
1.3 Work Hours
The Contractor may work Twenty -four (24) hours per day, Seven (7) days a
week, except that barge traffic within the harbor is subject to the
restrictions provided in Section 3.3. Hours of construction for land -
based equipment shall be 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.
Sunday and Holidays
10:00
A.M.
to
6:00
P.M.
See Section 2.8, Wildlife Habitat for possible interruption of work due
to endangered species nesting requirements.
1.4 Inspection of Work
The Contractor must provide every facility necessary for the safe and
convenient inspection of the work throughout its construction. The
Contractor shall, upon request of the Engineer or his representative,
furnish a boat with a motor for use by the Engineer or his represen-
tative to inspect the work.
1.5 Temporary Suspension of Work
Due to adverse weather conditions or unusual boating activity, the
Engineer may order a temporary suspension of barge traffic within the
harbor. The Contract time will be extended for the same amount of time
that the work is suspended. No extra claim by the Contractor will be
allowed for such suspension of work.
1.6 Possible Protect Modifications
The available budget for the excavation portion of the project,Bid Items
1 through 4, is $4,712,000. In the event that the low bid total for
these items is above the available budget and the City desires to award
the Contract, award of contract will be made by reducing the quantity of
excavation for Bid Item 4. The low bid will then be determined by
extending the unit price bid times the adjusted quantity and calculating
new total bids.
The quantity reduction for Bid Item 4 will be made by reducing the area
of basin "B" to be excavated, but retaining the depth of -14 MSL for the
portion to be excavated.
1.7
1.8
0 0
Estimated Excavation Quantities
The estimated excavation quantities for Bid Item 4 are as follows:
Access Channel Stations
0 +00 to Stations 66 +70 80,000 cy
Access Channel Stations
66 +70 to Southerly end of Basin "A" 266,000 cy
Basin "A" 490,000 cy
Basin "B" 160,000 cy
Total estimated excavation 996,000 cy
SP 3 of 21
The above quantities are estimates only and the City does not warrant
that the final quantities will be the same. Final quantities for
payment will be determined as provided for in the Sections of these
Special Provisions "Basis of Payment for Dredging."
Construction Surveys
a. Dredging
The Contractor shall furnish and install marker buoys for staking
out the dredging areas. Buoys shall be installed at locations
designated by the Engineer and shall have adequate anchorage system
so as not to move more than six feet from the point of anchorage
during the possible tidal range.
The Engineer will establish lines and grades necessary for the
control of the work. All working stakes, other than the stakes
deemed necessary by the Engineer for his control of the work, shall
be established by a competent engineer or surveyor in the employ of
the Contractor who shall be held responsible for their correctness.
b. 24" Water Main
The Engineer will provide one center line stake together with
reference stakes on each shoreline at the points shown on the
drawings. The vertical control to be used is the T.B.M. on the
existing vault shown on the drawings. All other field surveys for
control of constructions shall be the responsibility of the
Contractor. All such surveys including construction staking and
channel marking shall be under the supervision of a California
licensed surveyor or civil engineer.
Staking shall be performed on all items ordinarily requiring grade
and alignment at intervals normally accepted by the agencies and
trades involved.
The Contractor shall protect all line and grade stakes set by the
Engineer for the control of the work. Replacement of these line and
grade stakes will be at the expense of the Contractor.
SECTION 2
2.1
0
E
SP 4 of 21
The Contractor shall notify the Engineer in writing two working days in
advance of the time that line and grade stakes are needed.
Payment for construction survey staking shall be considered as included
in the various items of work, and no additional allowance will be
made therefor.
CONTRACTOR'S RESPONSIBILITIES
Conferences
At any time during the progress of the work, the Engineer shall have
authority to require the Contractor to attend a conference of any or all
of the subcontractors engaged in the work, and any notice of such con-
ference shall be duly observed and complied with by the Contractor.
A predredging conference will be held at a time and place as directed by
the Engineer within Ten (10) days after the date of the execution of the
Contract. The purpose of the predredging conference will be to develop
a mutual understanding between the Contractor's and the Engineer's
representatives regarding the conduct of the work. In addition to the
Contractor's and Engineer's representatives, the following will be
invited to attend the predredging conference.:
• Harry Gage, Harbor Master
• U. S. Coast Guard representative
• Balboa Island Ferry representative
• California Regional Water Quality Control Board representative
• Pacific Bell representative
• Southern California Gas Company representative
• County Sanitation Districts of Orange County representative
• Carl Wilcox, California Department of Fish & Game
• David Harshbarger, Newport Beach Marine Department
• Other parties to be invited by the Engineer
Subjects to be discussed at the conference will include but may not be
limited to:
• Contracting parties project staff.
• Correspondence and communications between Engineer and Contractor
and procedures to be followed.
• Correspondence and communications between Contractor and permitting
agencies, utilities, boating organizations and homeowner organiza-
tions and procedures to be followed.
• Accident prevention program /procedures.
• Presentation and discussion of the Contractor's Program of Work.
• Harbor traffic management.
• Protection of Pacific Coast Highway Bridge Piers
• Protection of existing utilities.
• Water quality controls.
• Wildlife habitat protection.
• • SP 5 of 21
2.2 Inspection of the Plans and Specifications by the Contractor
The Contractor shall familiarize himself with the plans and specifica-
tions. Should he discover any discrepancies or omissions in them, he
shall at once report his discovery in writing to the Engineer for a
decision, and the decision of the Engineer shall be final.
2.3 Local Conditions
Bidders shall read each and every clause of the specifications, examine
the drawings, and shall satisfy themselves by personal investigation on
the site as to local conditions affecting the work. The accuracy or the
interpretation of the facts disclosed by borings or other preliminary
investigations is not guaranteed, and information on existing conditions
including the locations of utilities and other structures derived from
maps, plans, specifications, profiles or drawings, or from the Engineer
or his assistants should be regarded as approximate only. Each Bidder
or his representative shall visit the site of the work and familiarize
himself with local conditions, and shall investigate the material and
take his own borings as deemed necessary by the bidder. The material to
be removed within the limits indicated on the Contract plans may contain
debris, rubbish, and any other material that is not indicated by the
soils borings. The presence of any material or objects so encountered
shall be considered in the price bid for dredging. The bidder shall
determine the actual conditions and requirements of the work, the
character and amount of all classes of labor and materials that may be
required, and all circumstances and conditions that may affect the cost
of the work. He shall include in his unit prices bid any and all
expense or cost that may be necessary to complete the project in accor-
dance with the requirements of the Contract. Under no circumstances
shall the City be held liable for damages, extra claims, or for voiding
the contract should the conditions turn out otherwise than as antici-
pated by the Contractor. The Contractor agrees to assume all risks
incident thereto.
2.4 Reports
The Contractor shall furnish the Engineer with written daily reports of
work progress on the morning after the day work was performed indicating
the area of work, hours of dredging, activity description and any
problems encountered. In addition, the Contractor shall maintain a
daily progress map in his job site office indicating the area of
coverage each day, which map shall be available for the Engineer's
inspection.
The Contractor shall submit the monitoring reports required by the
California Regional Water Quality Control Board. Contractor shall sign
the reports certifying accuracy of the reports under penalty of perjury.
• • SP 6 of 21
2.5 Permits and Licenses
The Contractor shall purchase a valid City of Newport Beach business
license.
The City has obtained permits or approvals from the California Regional
Water quality Control Board, Santa Ana Region; U. S. Army Corps of
Engineers; California Coastal Zone Commission; and the State Lands
Commission. The Contractor's work shall conform to the permit require-
ments. Copies of the permits are included in the appendix for
reference.
The Contractor will be required to obtain a permit from the U. S. Coast
Guard for any offshore barge anchorage and a trench excavation permit
for the 24" water transmission main.
2.6 Contractor's Records
The Contractor shall
dance with generally
These books, records
years after the date
(whichever is later).
available to the City
to be provided for ac
2.7 Safety
maintain books, records, and documents in accor-
accepted accounting principals and practices.
and documents shall be retained for at least three
of completion of the project or the final audit
During this time, the material shall be made
or to its representative. Suitable facilities are
cess, inspection and copying of this material.
In accordance with generally accepted construction practices, the
Contractor shall be solely and completely responsible for conditions of
the job site, including safety of all persons and property during per-
formance 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.
2.8 Wildlife Habitat
Upper Newport Bay is used as a nesting area for the California Least
Tern and the Belding Savannah Sparrow; both are endangered species.
If nesting occurs within the project area the State Department of Fish
and Game may order an interruption in the work area where the nesting is
occurring. The normal nesting period is between April 15 and July 15.
If an ordered work interruption due to the nesting delays completion of
the work, the Contractor will be entitled to a time extension for the
delay.
At no time shall the Contractor allow any equipment or personnel within
the Upper Newport Bay Reserve outside of an imaginary line located 50
feet laterally from the limits of excavation, as shown on the plans,
without prior written permission from the Engineer.
• SP 7 of 21
2.9 Noise Mitigation
The noise level at the nearest receiver residence shall be lower than 65
decibels. The Contractor shall muffle his equipment so that the noise
level will be kept below 65 dba at all times.
2.10 Protection of Utilities
The approximate location of known utilities in the project area have
been shown on the plans. Prior to excavating in the vicinity of these
utilities, the Contractor shall notify the Utility Company and ascertain
the exact location.
Except as otherwise indicated on the plans, the Contractor shall protect
all utilities from damage.
SECTION 3 CONTRACTOR'S OPERATIONS
3.1 Program of Work
The Contractor shall prepare a "Program of Work" for the entire project
and submit it to the Engineer for approval at the predredging conference
to be held within ten (10) days after the date of execution of the
Contract. No mobilization or dredging work shall commence prior to the
predredging conference.
The "Program of Work" shall include the method of dredging, working
hours, anticipated progress of the dredging on a weekly basis (shown on
the Contract plans), discharge pipeline routing, barge mobilization
location with dimensions and details, barge capacities and dimensions,
barge loading locations, a harbor traffic management plan, method of
relocating telephone cables and methods for installing the subaqueous
pipe, bedding and backfill.
3.2 Harbor Traffic Management Plan
The traffic management plan shall include:
• Number of barges with dimensions.
• Number and sizes of tugs, including horsepower.
• Tug and barge loading and disposal cycles.
• Incoming and outgoing barge routes.
• Methods of propelling barges with tugs, i.e., pushing,
towing, or combination.
• Estimated barge speeds inside harbor.
• Estimated stopping distance of loaded barges.
• Locations for switching from barge pushing to towing configuration.
• Preventive measures planned to avoid conflicts with recreational
boating and ferries.
• SP 8 of 21
° Methods of communication with Harbor Master, Coast Guard, Ferry
operators, and recreational boaters.
° Emergency response plans.
Barge mobilization area.
Appropriate portions of the traffic management plan shall be shown on a
reproducible copy of Sheet 12 of the plans furnished by the City.
3.3 Harbor Operation Requirements
The Contractor's operations within Newport Harbor shall conform to the
following requirements and restrictions:
• Barges may not operate between the harbor entrance and the southerly
boundary of the State Preserve between the hours of 12:00 PM
Saturday and 12:00 PM Sunday.
• From May 23 through September 14, barges may not operate between the
harbor entrance and the southerly boundary of the State Preserve
between the hours of 12:00 PM Friday and 12:00 PM Sunday.
• Changing from a pushing to towing configuration only will be allowed
outside the harbor beyond the bell buoy.
• Tugs, guide boats, scow lookouts and the Contractor's dredging job
site office shall be equipped with two -way VHF radio communication.
° A guide boat shall be provided for each scow between the southerly
boundary of the State Preserve and the harbor entrance from May 23
through September 14 and at such other times when ordered by the
Engineer.
Scows, tugs, and guide boats operating within the harbor shall have
the Contractor's name and the communication radio frequency sten-
cilled in 12- inch -high letters in a sufficient number of locations
so that they can be seen by other operators.
° Scows shall be provided with lookouts at all times.
° Scows will not be permitted to pass within the harbor between the
harbor entrance and the approved mobilization area unless the scow
and tug are arranged in a direct pushing configuration. Tugs may
not be secured to the side or hip of the barge while passing other
SCOWS.
° Outgoing scows and tugs shall use the westerly channel under the
Pacific Coast Highway bridge, and incoming tugs and scows shall use
the easterly channel.
° Tugs used to move scows within the harbor shall be equipped with
twin screws and have a minimum 800 - horsepower engine.
• 0 SP 9 of 21
3.4 Contractor's Storage and Operating Areas
a. Dredging Operation
The Contractor shall maintain a field office with telephone.
Contractor may locate his field office and store materials and
equipment in that area designated "Contractor's Storage Area" shown
on the plans. The Contractor will be allowed approximately 10,000
square feet of storage area at the designated location. The pro-
perty is owned by the Department of Fish and Game. The exact con-
figuration of the designated Storage area shall be determined by the
Engineer. The Contractor shall keep the storage area and
surrounding areas in a neat, clean and sanitary condition.
b. Water Line
The Contractor may locate his field office and store materials and
equipment for the construction of the 24" water transmission main in
the designated area shown on Sheet 1 of Drawing No. W- 5166 -S. This
area is not to be used for the dredging operations. This area may
be utilized as a staging area for assembling the pipeline and fit-
tings. The site is owned by The Irvine Company and is being made
available via a temporary construction easement. The Contractor
shall keep this area and those surrounding it in a neat, clean and
sanitary condition. Once construction of the water line has been
completed, but no later than One Hundred Eighty (180) consecutive
calendar days after the award of the contract, all debris,
materials, spoil and equipment shall be removed from the site,
and it shall be returned to its previous undisturbed condition.
Vehicular and pedestrian access shall be maintained for other acti-
vities on or adjacent to the site.
3.5 Scow Marshalling Area
Two general locations for marshalling areas are shown on the plans.
After approval of the preliminary location at the predredging con-
ference, the Contractor shall submit detailed plans showing exact loca-
tion, dimensions and anchoring details. Structural aspects of the plans
shall be prepared by a Civil engineer, registered by the State of
California.
The location and size of the marshalling area will not be approved by
the Engineer unless it minimizes impacts on existing anchorages and
boating traffic patterns.
Prior to constructing the marshalling area, the Contractor shall request
the U. S. Coast Guard to issue a local notice to mariners. The
marshalling area shall be marked in accordance with the U. S. Coast
Guard's Office of Aids to Navigation.
�J
3.6 Discharge Pipeline
0 SP 10 of 21
After approval of the preliminary routing of any required discharge
pipeline at the predredging conference, the Contractor shall submit
detailed plans for the pipeline showing alignment, elevations, and all
and necessary structural and construction details including pipe,
joints, bends and anchoring details. Plans shall be prepared by a Civil
Engineer, registered by the State of California. At least eight (8)
copies of plans shall be submitted. No materials shall be furnished and
no work shall commence until approval of the plans is obtained from the
Engineer and from all agencies having control thereof.
The pipeline shall be located to minimize impacts on boating traffic,
and must be submerged within designated boating channels and other areas
that would be impacted by a floating pipeline.
Prior to constructing the pipeline, the Contractor shall request the
U.S. Coast Guard to issue a local notice to mariners.
Pipelines shall be lighted in accordance with U. S. Coast Guard Office
of Aids to Navigation.
3.7 Pacific Coast Highway Bridge Protection
If the Contractor's planned operation requires barge traffic to pass
under the bridge, then prior to the start of construction, the
Contractor shall design and construct protective devices for the
upstream and downstream faces of the three piers adjacent to the two
channels. Plans for the protection are to be prepared by a Civil
Engineer registered by the State of California and shall be submitted to
the Engineer for approval.
If the planned protection has any attachment to the piers, or is located
where there may be any effect on the bridge piers, then the Contractor
shall obtain a permit from Caltrans prior to constructing the protec-
tion. Caltrans representatives to contact are:
Fred Fujimoto (213) 620 -3510 or
Allen Streiff (213) 620 -2206
The pier protection shall be lighted in accordance with the U. S. Coast
Guard's Office of Aids to Navigation.
3.8 Guide Boats
Guide boats shall be provided for all scows within the harbor in accor-
dance with Section 3.3. The cost of providing and operating the guide
boat at the specified times or at other times at the option of the
Contractor shall be included in the amount bid for the various items of
work and no additional compensation will be allowed therefor. If the
Engineer directs the Contractor to operate a guide boat at other times,
then the cost of the guide boat operation shall be paid for as extra
work.
3.9 Emergency Response
During work stoppages the Contractor shall have tug operators and other
personnel available on call to respond to emergencies such as a break-
away barge.
• 0 SP 11 of 21
SECTION 4 MOBILIZATION
4.1 Mobilization
Mobilization shall consist of all work required in preparing the
dredging plant and transportation equipment for shipment, moving plant,
equipment, labor, supplies, and incidentals to the job site and making
all arrangements to commence dredging, and laying the discharge pipe,
and making ready the barge mobilization area, and the set up of
Contractor's office and storage area. The plant and equipment to be
used in performing the work shall be of sufficient size and efficiency
to meet the job requirements and will be subject to approval by the
Engineer.
Barges planned for use on the project shall be subject to inspection by
the Engineer. Barges with warped or leaking bottom doors will be
rejected and shall not be used on the project until they are repaired to
the satisfaction of the Engineer.
4.2 Basis of Payment for Mobilization
Payment for mobilization will be made at the Contract lump sum price bid
for "Mobilization." Payment under this item shall be considered as full
compensation for the work described in "Mobilization" herein.
The lump sum price bid for "Mobilization" will be due the Contractor
less withholding when all items are in place to the satisfaction of the
Engineer and dredging has successfully commenced.
In the event the Engineer considers that the amount bid for this item
does not bear a reasonable relation to the cost of the work in this
Contract, the Engineer may require the Contractor to produce cost data
to justify this portion of the bid. Failure to justify such price to
the satisfaction of the Engineer will result in payment of actual mobi-
lization costs, as determined by the Engineer at the completion of mobi-
lization, and payment of the remainder of this item in the final payment
under this Contract.
SECTION 5 DREDGING
5.1 Disposal of Dredged Material
Except as otherwise indicated the dredged materials shall be placed in
barges and transported to the authorized EPA dump site LA -3 off of the
Newport Harbor entrance where they shall be dumped. The coordinates of
the dump site are 33° 31' 42" N and 1170 54' 48" W. All dredged
material transport and disposal operations shall be conducted in accor-
dance with permits secured by the City and these Specifications.
Excavation from the side sloping shown on the plans may be deposited in
the adjacent basin or channel excavation as shown on the plans and need
not be loaded into barges and removed from the project site.
• SP 12 of 21
5.2 Misplaced Material
Should the Contractor during the progress of the work lose, dump, throw
overboard, sink or misplace any material, plant, machinery, or appliance
which, in the opinion of the Engineer, may be dangerous or obstruct
navigation, the Contractor shall give immediate notice, with description
and location of such obstructions until same are removed by the
Contractor. Should the Contractor refuse, neglect or delay compliance
with the above requirements, such obstructions may be removed by the
Engineer and the cost of such removal may be deducted from any monies
due the Contractor, or may be recovered under his bond.
All dredged material loaded into a barge must be contained in the barge
until it reaches the designated disposal area. The Engineer will
inspect the loaded barges immediately after loading and again outside
the harbor and note any difference in displacement. If, in the
Engineer's opinion, a loss has occurred, he will compute the equivalent
amount of in -place excavations and deduct the quantity from measurements
made pursuant to Section 5.5. If the locations where the loss has
occurred can be determined to the Engineer's satisfaction, the Engineer
may direct the Contractor to excavate and dispose of the lost material
in lieu of deducting the quantity from amounts due. In addition, the
condition permitting the loss shall be corrected before the barge is
again used for hauling dredge material.
Should the Contractor dump or misplace any dredged material other than
at the designated disposal site, he shall immediately remove same and
dispose of it at the designated site.
In any barge loading areas outside the planned excavations, the
Contractor shall obtain soundings before barge loading begins and after
barge loading in the area has been completed. The sounding shall cover
an area within 500 feet of the center of the loading area. A new set of
soundings shall be obtained every two weeks for the first two months of
the operations and thereafter at frequencies directed by the Engineer.
The soundings shall be performed by a competent engineer or surveyor in
the employ of the Contractor who shall be responsible for their correct-
ness. Upon completion, a record of each set of soundings shall be sub-
mitted to the Engineer. Dredged material deposited in the barge loading
area as the result of the contractor's operation shall be removed by the
Contractor and the bottom elevations in and adjacent to the loading area
restored to the condition existing prior to the Contractor's starting
work.
5.3 Environmental Controls
The Contractor shall conform to applicable Federal and State environmen-
tal laws and regulations and permit requirements.
The Contractor must notify the Regional Water Quality Control Board at
least seven days prior to the start of dredging so that an inspection of
the facilities may be conducted.
Weekly monitoring reports shall be submitted by the Contractor to the
Regional Water Quality Control Board and to the Engineer. (See appendix
for requirements.)
• SP 13 of 21
5.4 Dredging Tolerances and Acceptance
a. Tolerances
The Contractor shall dredge the areas indicated on the plans to the
depths and horizontal control shown. The total dredge volume for
payment will not include any allowance for overdredging or side
slope dredging. Bottom elevations after dredging must not be more
than 112 foot above the elevations shown on the plans.
If, in the Engineer's opinion, substantial portions of the area are
left more than 112 foot above the planned elevations, the Engineer
may direct the Contractor to redredge such portions of the area to
a depth satisfactory to the Engineer.
Sloughing of material from the vertical cut along the edges of the
channels and basin will be allowed above the 1/2 -foot bottom
tolerance limit without redredging providing the excess 1/2 -foot
tolerance is within a horizontal distance of twice the dredging
depth at the vertical cut.
Material deposited in the side channels A and B, the access channel
and basins as a result of the specified side sloping will be
allowed. The vertical tolerance for the side sloping shall be plus
or minus one foot.
b. Measurement and Acceptance
Once each month the Engineer will measure the depths of the area
dredged during the preceding month. If the area is at or below the
elevation, it will be credited for payment. If portions of the area
are above the specified elevation, the Engineer may credit the area
for payment but the Engineer will deduct the volume remaining above
the specified elevation for payment purposes. The length of side
sloping completed will be measured perpendicular to the slope by the
Engineer and credited for payment.
After completion of approximately one -half of each portion of the
work such as access channel, basin or side channels, the Engineer
will conduct final hydrographic surveys on the completed portion,
using a fathometer. For channels, field sections perpendicular to
the center line at appropriate intervals wil be obtained. Depths
will be measured at each side of the section and on 25 -foot centers.
For the basins, field sections at appropriate intervals and oriented
to an established base line will be obtained. Depths will be
measured at each end of the section and on 50 -foot centers. (A bar
check using a lead line or sounding rod shall be taken at the
beginning and ending of each daily survey for calibration purposes.)
Final surveys will be done in advance of beginning the side sloping
operation. Once the Engineer accepts areas as dredged, the
Contractor will have no obligation to redredge accepted areas
without additional compensation.
Ll
5.5 Payment for Dredging
• SP 14 of 21
Payment for dredging will be made at the unit price bid for various
items of dredging per cubic yard of the measured quantity of material
removed down to the specified elevations assuming vertical cuts at the
sides. If material remains above the elevations specified, the quantity
of such material will not be included in the measured quantity. No
payment will be made for material removed below the elevations spe-
cified. The Engineer will make monthly estimates of the quantity of
material dredged for which monthly progress payments will be made. The
final quantity of materials removed will be determined by hydrographic
surveys prior to areas being accepted by the Engineer. Quantity com-
putation will be based on the average end area method from before and
after dredging soundings.
The prices bid for the various items of dredging shall include full com-
pensation 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 prices bid.
SECTION 6 WATER LINE TRENCH
The submarine portion of water line trench that crosses the access chan-
nel in the vicinity of Station 23 +05 shall be excavated in accordance
with the detail shown on the drawings. All of the material excavated
within the trench area, including rocks, pilings, concrete, debris, pipe
and other interfering material shall be removed from the job site and
disposed of in the approved offshore dump site described in Section 5.1
or in an approved land -based disposal site.
6.1 Payment for Trench Excavation
Payment for the excavation of the water line trench excluding the
100- foot -wide access channel will be made at the lump sum price bid.
The trench excavation quantity will not be included in the measurement
and payment of other dredging items.
The lump sum bid shall include excavation and disposal of all material
within the trench prism and shall include full compensation for all
labor, materials, tools, equipment and incidentals necessary to complete
the work.
SECTION 7 TELEPHONE CABLE RELOCATION
7.1 General
This item of work includes furnishing all labor, equipment and material
necessary to relocate the three submarine telephone cables owned by
Pacific Bell that cross the 100 - foot -wide access channel in the vicinity
of Station 140 +00.
• • SP 15 of 21
7.2 Location of Cables
The horizontal and vertical locations of the three cables shown on the
drawings within the proposed 100 - foot -wide access channel have been
verified by a recent field survey. The elevations shown on the drawing
are from that survey. Buoys marking the location have been secured to
each of the cables. Copies of two Pacific Bell drawings are included in
the appendix which shown the loop details on either side of the channel
and other information. These drawings are not to scale and the infor-
mation shown thereon has not been verified in the field. Neither the
City or Pacific Bell assumes any responsibility for the substructure
information shown thereon.
7.3 Cable Relocation
Prior to starting work on the cable relocation, the Contractor shall
submit a program of work that describes the methods to be used to
accomplish the relocation. This program shall describe the methods to
be used to uncover the cables and loops, raise, lower or move the
cables, maximum cable deflection required and procedures for protection
and restoration of the wetlands. The program of work shall be approved
by both the Engineer and an authorized representative of Pacific Bell
prior to commencing any work on or in the vicinity of the cables.
The Contractor shall only use subcontractors for the cable- handling por-
tion of the relocation work that are pre - qualified by Pacific Bell. A
list of subcontractors acceptable to Pacific Bell can be obtained from
Brian Todd (714) 666 -5513.
The Contractor shall use every precaution to prevent damage to the
cables.
7.4 Repair of Existing Cables
The outer protection of one of the cables has been damaged at the
approximate location shown on the drawings. Prior to moving this cable,
the Contractor shall place a 30- inch -long, stainless - steel, pipe- repair
clamp around the damaged area. The repair clamp shall be a Smith -Blair
Type 226 full circle clamp coupling with stainless steel bolts or equal.
7.5 Protection and Restoration of Wetlands
The area within which the cables are located is an environmentally sen-
sitive wetlands area. All of the Contractor's activities shall be con-
fined to an area located within 50 feet either side of the cables.
Immediately after the cable relocation work has been completed, the area
disturbed by the Contractor's operations shall be restored. Restoration
shall include regrading the area to its original condition and revege-
tating the area. Revegetation shall be accomplished by replanting
salvaged material that has been preserved or planting material from
other sources. Prior to final acceptance by the Engineer, the
Contractor shall obtain written approval of the restoration work from an
authorized representative of the California Department of Fish and Game.
7.6 Pavment for Cable Relocation
• SP 16 of 21
Payment for the telephone cable relocation will be
price bid for this item of work. The lump sum bid
compensation for all labor, materials, tools, equi
necessary to complete the work. Excavation within
the -14 MSL elevation shall not be included in the
for this item of work.
SECTION 8 WATER TRANSMISSION MAIN CONSTRUCTION
8.1 General
made at the lump sum
shall include full
)ment and incidentals
the access channel to
lump sum price bid
Except for those items supplied or furnished by the City, the Contractor
shall furnish and install all pipe, fittings, closure pieces, tie -ins,
transition fittings, supports, bolts, nuts, gaskets, jointing materials
and appurtenances as shown, specified and required for a complete and
workable piping system. The City will furnish for installation by the
Contractor four full lengths (approximately 18.75 L.F. each) of ball
joint, ductile iron pipe, and one plain -end by ball -end 3 /4- length of
pipe which has already been removed from service. It is stored near the
site. Refer to the plans (W- 5166 -S) for pipe and fittings which are to
be removed and reused by the Contractor.
The Contractor shall inspect the City- furnished pipe and notify the
Engineer of any damage or defects. Except for any damage or defects
brought to the attention of the Engineer, the inspection by the
Contractor shall constitute acceptance of the material.
8.2 Water Line Trench
The Submarine portions of the trench for the water line shall be exca-
vated and paid for in accordance with Section 6.
Trench excavation and backfill shall conform to Section 306 -1.3 of the
Standard Specifications except where modified by these Special
Provisions.
The walls and faces of all excavations over 5 feet in depth shall be
effectively guarded by a shoring system, sloping of the ground, or other
equivalent means. Trenches less that 5 feet in depth shall also be
guarded when examination indicates hazardous ground movement may be
expected.
The Contractor shall obtain a permit to perform excavation or trench
work from the Division of Industrial Safety, State of California, prior
to any construction.
Compensation for guarding underground construction and complying with
all the provisions of this section including the cost of providing all
necessary information to obtain the permit and the cost of complying
with the provisions of the permit shall be included in the unit prices
for various related bid items for underground construction, and no addi-
tional compensation shall be allowed therefor.
8.3
ME
8.5
0 0
Job Safety
SP 17 of 21
The Contractor confirms that he is aware of all terms and provisions of
CAL -OSHA Safety Orders which pertain to the work described herein. The
Contractor is required to comply with all of said Construction Safety
Orders and to take all necessary steps
Construction Water
If the Contractor desires to use the City's water, he shall arrange for
a meter and tender a $500 meter deposit with the City. Upon return of
the meter in good condition to the City, the deposit will be returned to
the Contractor, less a quantity charge for water usage. Arrangements
may be made by contacting Mr. Gil Gomez, Utilities Superintendent, at
(714) 644 -3011.
Ductile Iron Pipe and Fittinqs
Ductile iron pipe shall meet the requirements of ANSI /AWWA C151/A21.51.
Pipe shall be cement mortar lined in accordance with ANSI /AWWA /C104/A21.4.
It shall be as manufactured by U. S. Pipe and Foundry Co., Clow
Corporation, Pacific States Cast Iron Pipe Company or approved equal.
Where shown, ductile iron pipe joints shall be self- restrained, ball and
socket type. Thickness class shall be No. 60 sub - aqueous pipe.
Restrained, push -on joint ductile iron pipe shall be installed where
shown. Pipe thickness shall be class No. 51. Joints shall meet the
requirements of ANSI /AWWA C111 /A21.11 and shall be "TR -Flex" as manufac-
tured by U. S. Pipe and Foundry or an approved equivalent.
Fittings shall be restrained, push -on joint ductile iron. Fittings
shall meet the requirements of ANSI /AWWA C110/A21.10 and shall be cement
mortar lined in accordance with ANSI /AWWA C104/A21.4. They shall be
"TR- Flex" restrained joint fittings as manufactured by U. S. Pipe and
Foundry or an approved equivalent.
8.6 Steel Pipe, Fittings and Flanges
Steel pipe and fittings shall be fabricated from 1/4 -inch steel sheets
conforming to either ASTM A569 or A570. Welds shall be full penetra-
tion.
A butt strap connection shall be fabricated and installed as shown.
Repair of the mortar lining after welds are completed shall be done
through the end of the pipe before proceeding with other installations.
Material, dimensions and drilling of flanges for pipe and fittings shall
be in accordance with the "Standard for Steel Pipe Flanges" (AWWA C207)
Class D, or ANSI Specification 816.1, 125 -1b. Class. Flanges shall be
furnished with flat faces. All pipe flanges shall be attached with bolt
holes straddling the vertical axis of the pipe unless otherwise shown.
Attachment of the flanges to the pipe shall conform to the applicable
requirements of the "Standard for Steel Pipe Flanges" (AWWA C207).
8.7
• • SP 18 of 21
Pipeline Construction
Pipe Installation
The pipe shall be installed to the line and grade shown on the
plans. Between water line Station 1 +28 and Station 6 +00 a
12- inch -thick layer of 2 -inch gravel meeting the gradation require-
ments of Section 200 -1.4 of the SSPWC shall be placed in the trench
for bedding the pipe. The remainder of the trench bottom shall be
native material. The gravel and the trench bottom shall be graded
so that when the pipe is installed it will be in contact with the
bedding or trench bottom for the full length of the barrel. Bell
holes shall be provided at each joint.
The pipe joints shall be made up strictly in accordance wth the
manufacturers instructions. Care shall be taken not to deflect the
pipe joints beyond the allowable tolerances below:
Ball and socket joint - 15 degrees
Restrained, push -on joint - 2.4 degrees
The pipe shall be handled with canvas slings. Care shall be exer-
cised not to bump or damage the pipe while it is being handled or
placed. Foreign material shall be removed from the pipe prior to
installation.
Backfill
Backfill between water line Station
up to the spring line of the pipe s
requirements of Section 7.1.1. The
tioning limits from the spring line
shall be 8 -inch quarrystone meeting
200 -1.6 of the SSPWC.
1 +28 and Station 6 +00 around and
call be 2 -inch gravel meeting the
backfill between the same sta-
to 18 inches above the pipe
the requirements of Section
All other backfill shall be either native material obtained from the
excavation, if suitable, or imported granular material at the option
of the Contractor. Native material shall be considered suitable if
it has a sand equivalent valve of at least 30 and has no rocks,
debris or particles with any dimension greater than 4 inches.
Native or granular material shall be compacted to 90 percent of
maximum density. Density shall be determined in accordance with
Section 211 of the SSPWC. The City will cause compaction tests to
be made. Any tests which fail to meet these requirements shall be
paid for by the Contractor.
8.8 Guarantee
The Contractor shall guarantee for a period of one year, after accep-
tance of the work by the City Council, all materials and workmanship
against any defects whatsoever, including the City- furnished pipe
materials. Any such defects shall be repaired at the Contractor's
expense within 15 days after issuance of notice to do so from the City.
• • SP 19 of 21
8.9 Payment for Water Line Construction
Payment for the water line construction covered by this Section shall be
at the lump sum price bid. The price bid for water line construction
shall include full compensation for all labor, materials, tools, equip-
ment and incidentals necessary to complete the water line construction.
The excavation of the submarine portion of the trench and other dredging
items shall not be included in these items of work. Compensation for
work shown on the water line construction drawings but not separately
provided for in the bid proposal shall be included in the total price
bid.
8.10 Testing and Disinfection
General
The Contractor shall furnish all labor, materials and equipment
required to test all piping installed and to disinfect all piping
between the valves on either side of the bay. Water for testing and
disinfecting will be furnished by the City without charge. Dis-
infection shall be by gas chlorination. Adequacy of disinfection
shall be determined by bacteriological tests.
Testing
The piping shall be tested after backfill but prior to completing
the closures. Temporary bulkheads with test plugs shall be
installed on both ends. Pressure testing shall not be done against
the existing valves. Care shall be taken to insure that all air is
permitted to escape during filling of the pipeline. After filling
the pipe, it shall be allowed to stand under a slight pressure for a
minimum of 48 hours to allow the mortar lining to absorb what water
it will and to allow the escape of air from any air pockets. During
this period, bulkheads, valves and connections shall be examined for
leaks. If any are found, these shall be stopped or in case of
leakage through valves in the main line or through bulkheads, provi-
sions shall be made for measuring such leakage during the test. The
test shall consist of holding the test pressure on each section of
the line for a period of 4 hours. The test pressure in the line
shall be 200 psi. The water necessary to maintain this pressure
shall be measured through a meter or by other means satisfactory to
the Engineer. The leakage shall be considered the amount of water
entering the pipeline during the test, less the measured leakage
through valves and bulkheads. The leakage shall not exceed 25
gallons per inch of diameter per mile per 24 hours. Any noticeable
leaks shall be stopped and any defective pipe or equipment shall be
replaced with new pipe or equipment until the leakage is reduced to
permissible limits.
Disinfection
After the pressure testing has been satisfactorily completed and the
closures installed, the entire new and existing pipeline between
valves shall be disinfected. Disinfection shall be accomplished by
the use of chlorine gas. The dosage shall be such that after a
24 -hour retention time the concentration shall be not less than
i'
• SP 20 of 21
25 /mg /L. Following
be flushed from the
1 mg /L.
SECTION 9 SOILS REPORT
the retention period the chlorinated water shall
pipeline until the comcentration is no more than
Soils reports prepared by LeRoy Crandall and Associates are on file in
the Public Works Department office, City of Newport Beach, and may be
examined by all bidders.
SECTION 10 BONDS
A payment bond and faithful performance bond for 100% of the estimated
amount of the contract will be required.
SECTION 11 INSURANCE
11.1 Liabilitv Insurance
The word "agency" in Subsection 7 -3 of the General Provisions of the
Standard Specifications shall mean "the City of Newport Beach; The
Irvine Company; the State of California; California Department of Fish
and Game; the City of Irvine; Orange County Harbors, Beaches, and Parks
District; County of Orange and Pacific Bell.
a. Special Endorsement
A standard "Special Endorsement of Insurance for Contract Work for
City" form has been adopted by the City. This form is to be
attached and made a part of all policies of insurance acceptable to
the City. The successful low bidder will be required to complete
this form upon award of the Contract.
b. Limits
The liability insurance coverage in Section 7 -3 of the General
Provisions of the Standard Specifications is hereby amended to provide
the following minimum limits:
Bodily Injury. . . . $500,000
$2,000,000
$1,000,000
Property Damage. . . $500,000
$1,000,000
each person
each occurrence
aggregate products
and completed operations
each occurrence
aggregate
Combined . . . . . . A combined single limit policy with aggregate
limits in the amount of $5,000,000 will be con-
sidered equivalent to the required minimum limits.
11.2 Workers' Compensation Insurance
In addition to the requirement 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
• SP 21 of 21
the City of Newport Beach; The Irvine Company; the State of California;
California Department of Fish and Game; City of Irvine; Orange County
Harbors, Beaches, and Parks District; County of Orange; and Pacific
Bell, 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.
SECTION 12 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 indem-
nification obligation in Subsection 7 -3 of the Standard spe-
cifications 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 sub-
contractor, 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, offi-
cers, employees, and agents arising out of or resulting 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.
SECTION 13 FAIR EMPLOYMENT PRACTICES
The Contractor shall conform to the requirements outlined in the non-
discrimination clause contained in the appendix of this specification.
SECTION 14 PRE -BID CONFERENCE
All interested bidders are invited to attend a pre -bid conference sched-
uled for 10:00 AM, November 3, 1986 in the City of Newport Beach Council
Chambers located at 3300 West Newport Boulevard, Newport Beach,
California.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
0
UNIT II UPPER NEWPORT BAY
SEDIMENT CONTROL AND RESTORATION PROJECT
AND
UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING
Contract No. 2483
Id197yks 1i.
7 ')
0
APPENDIX
California Coastal Zone Permit
No. 5 -86 -009
California Regional Water Quality
Control Board Order No. 86 -23
3. U. S. Army Corps of Engineers
Permit (to be provided by City)
4. PACIFIC BELL SUBMARINE CABLE
DRAWINGS, 2 Sheets
-23
0
J,
STATE OF CALIFORNIA —THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Goro,nor
CALIFORNIA COASTAL COMMISSION PR:wr Al TH COAST AREA }
245 WEST BROADWAY, SUITE 380 ++'� 111
LONG BEACH, CA 90602
(213) 5905071
COASTAL DEVELOPMENT PERMIT
No. 5 -86 -009
Page 1 of 2
March 13, 1986
0n the California Coastda�hCem�iio�fg��r °Beach.
_ ra -l.i.forriia'- Department of Fish & Game an
this permit for the development described below, subject to the attached
Standard and Special conditions.
Dredging of Upper Newport Bay to remove 1,100,000 cubic yards of sediment
for improved water circulation and expansion of the tidal prispm.
Site: Upper Newport Bay Ecological Reserve, Newport Beach.
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
By: 1� • ( �
Title: gaff Analyfet
ACKNOWLEDGEMENT
The undersigned permittee acknowledges receipt
of this permit and agrees to abide by all terms
and conditions thereof.
.5 -7-`f- Y
Date
IMPORTANT: THIS PERMIT IS NOT VALID
UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOYILEDGEMENT HAS
BEEN RETUR14ED TO THE COMMISSION OFFICE,
.2 y
0
COASTAL DEVELOPMENT PERMIT. Page 2 of 2
Application No.
-3E3=
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
construction shall not commence until a copy of the permit. signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If construction has not commenced, the permit will expire two
years from the date on which the Commission voted on the 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. Assignment. The permit may be assigned to any qualified person. provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
�. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to hind 311 future owners and ;assessors of the subject property to the
terms and conditions.
SPECIAL CONDITIONS:
None.
-2s-
STATE OF CALIFORNIA
CALIFORNIA REGIONAL WATERMALITY CONTROL BOARD
SANTA ANA REGION
6809 INDIANA AVENUE, SUITE 200
RIVERSIDE, CALIFORNIA 92SOG -4298
PHONE: (714) 684 -9330
March 18, 1986
Mr. Carl Wilcox
California Department of Fish and Game
245 West Broadway, Suite 350
Long Beach, CA 90802 -4467
GEORGE DEUKMEJIAN. Governor
Dear Mr, Wilcox:
Enclosed is a certified copy of Order No. 86 -23 for the
Upper Newport Bay Dredging Project (Unit II).
These requirements were adopted by the Board at the
March 14, 1986, meeting.
Sincerely,
.
Gerard J. Thibeault
Supervising Engineer
Enclosure
cc: w /enclosure
City of Newport /'Beach, Public Works Department,
John Wolter'
County of Orange, Environmental Management Agency/
Regulation, Attention: Assistant Director
City of Irvine
The Irvine Company
Orange County Harbors, Beaches and Parks
State Department of Health Services -Santa Ana
/pk
!p
Calif or r• Regional Water Quality Contro400ard
Santa Ana Region
ORDER NO. 86 -23
Waste Discharge Requirements
for
The California Department of Fish and Game
Upper Newport Bay Dredging Project (Unit II)
Orange County
The California Regional Water Quality Control Board, Santa Ana Region
(hereinafter Board), finds that:
1. On December 16, 1985, The California Department of Fish and Game
(hereinafter discharger), submitted a Report of Waste Discharge
for the discharge of wastes associated with the Upper Newport Bay
Dredging Project (Unit II).
2. The project will consist of the excavation of a maximum of 1,100,000
cubic yards (841,000 cubic meters) of sediment in the Upper Newport
Bay State Ecological Reserve.
3. The dredged spoil will be barged to sea for disposal at an ocean
disposal site. This site is an EPA designated offshore disposal
site (LA -3) located approximately four nautical miles southwesterly
from the entrance to Newport Bay.
4. A Water Quality Control Plan for the Santa Ana River Basin was
adopted by the Board on May 13, 1983. This Plan contains water
quality objectives and beneficial uses of waters in the Santa
Ana Region.
5. The requirements contained in this order are necessary to imple-
ment the Water Quality Control Plan.
6. The beneficial uses of Upper Newport Bay include:
a. Water contact recreation;
b. Non -water contact recreation;
c. Ocean commercial and sport fishing;
d. Wildlife habitat;
e. Preservation of rare species
f. Marine habitat;
g. Shellfish harvesting; and
h. Preservation of areas of special biological significance.
I
Order No. 86 -23 • Page 2
.CA Fish and Game
Newport Bay Dredging Project (Unit II)
7. The City of Newport Beach has prepared and adopted an Environmental
Impact Report for this project, in accordance with the California
Environmental Quality Act (Public Resources Code Section 21000 et
seq.). The Regional Board finds that the project should not have
significant environmental impacts on water quality if conducted
within the requirements and provision of this order.
8. 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 an opportunity to
submit their written views and recommendations.
9. The Board, in a public meeting, heard and considered all comments
pertaining to the discharge.
IT IS HEREBY ORDERED that the discharger shall comply with the following:
A. Dredging and Discharge Specifications:
1. Neither the dredging nor the discharge of dredge spoils shall
create a nuisance or pollution, as defined in the California
Water Code.
2. There shall be no discharge of dredge spoils or other earthen
materials into Newport Bay.
B. Receiving Water Limitations
1. The discharge shall not cause the turbidity of the receiving
waters to be increased by more than twenty (20) percent.
2. The discharge shall not cause the dissolved oxygen (D.O.) in
the receiving waters to be depressed below 5.0 mg /1. When
natural D.O. concentrations are less than 5.0 mg /l, the dis-
charge shall not cause a further depresssion.
3. This dredging project shall not cause a pollution or nuisance as
defined in the California Water Code.
C. Provisions
1. The discharger shall comply with Monitoring and Reporting Program
No. 86 -23, as ordered by the Executive Officer.
2. The discharger must notify the Board at least seven days prior to the
start of dredging so that an inspection of the facilities may be
conducted.
3. This order includes the "General Monitoring and Reporting Provisions ".
I, James R. Bennett, Executive 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 March 14, 1986.
4—Ff ES R. NNETT
xecutive Officer
California Regional Water Quality Control Board
Santa Ana Region
March 14, 1986
General Monitoring and Reporting Provisions
General Provisions for Sampling and Analysis
'Unless otherwise noted, all sampling, sample preservation,
and analyses shall be performed in accordance with the
latest edition of "Guidelines Establishing Test Procedures
for Analysis of Pollutants ", promulgated by the United
States Environmental Protection Agency.
Chemical, bacteriological, and bioassay analyses shall be
conducted at a laboratory certified for such analyses by
the State Department of Health.
All samples shall be representative of the reclaimed water
under the conditions of peak load.
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 proportional 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.
General Provisions for Reporting
For every item where the requirements are not met, the
reclaimed water producer 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 submit a timetable for correction.
-3-
, tq
• i
California Regional Water Quality Control Board
Santa Ana Region
Monitoring and Reporting Program No. 86 -23
for
The California Department of Fish and Game
Upper Newport Bay Dredging Project (Unit II)
Orange County
Receiving Water Monitoring
Two individual samples in the area of the project shall be taken weekly. One
sample shall be collected 50 feet downcurrent of the dredging site. Another
sample (background) shall be collected 250 feet upcurrent of the dredging
site. These samples shall be collected at a depth of three feet below the
water surface during normal working hours. The samples shall be analyzed for
turbidity and dissolved oxygen.
Reporting
The discharger shall implement the above monitoring program upon the commence-
ment of the dredging project. Weekly monitoring reports shall be submitted
by Friday of the following week and shall include:
1. Copies of the turbidity and dissolved oxygen analyses; and
2. A record of the amount in cubic yards of material dredged during the week
and the cumulative amount to date.
If no dredging occurs during a given week, a report stating this fact shall be
submitted in lieu of the above monitoring report.
All reports shall be signed by a responsible officer or duly authorized agent
of the discharger and submitted under penalty of perjury.
Ordered by
30
V IILJ 1 \• V
xecutive Officer
i
March 14, 1986
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• CITY OF NEWPORT BEACH •
PUBLIC WORKS DEPARTMENT
UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT
AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
CONTRACT NO. 2483
ADDENDUM NO. 1
NOTICE TO BIDDERS:
BIDDERS shall propose to complete Contract No. 2483 in accordance with the
Plans, Proposal, Contract Documents, and Special Provisions as modified by this
ADDENDUM NO. 1.
PREBID MEETING
The minutes of the prebid meeting held 10:00 a.m., November 3, 1986, are attached
for bidders' reference and information.
PPnpnCAl
1. Change quantity for Bid Item No. 4 from 106,000 lineal feet to 10,600
lineal feet.
SPECIAL PROVISIONS
1. Add the following to Section 1.5 of the Special Provisions.
At all other times the Contractor is responsible for determining
whether or not adverse weather conditions or unusual boating
activity warrant the temporary suspension of barge traffic within
the harbor.
2. Revise Section 1.6 of the Special Provisions as follows:
a. First paragraph, 5th line, change Bid Item 4 to Bid Item 2.
b. Second paragraph, 1st line, change Bid Item 4 to Bid Item 2.
3. Revise Section 1.7 of the Special Provisions as follows:
a. First line change Bid Item 4 to Bid Item 2.
4. Add to Section 2.3 of the Special Provisions the following:
If rock is encountered in areas to be dredged, which in the
opinion of the Engineer cannot be excavated without extraor-
dinary effort, the City will choose from the following:
1. Relocate area to be excavated to avoid the rock.
2. Leave the rock in place.
3. Negotiate with Contractor for the extra cost of removal.
The area to be dredged 50 feet either side of the center line of the
24 -inch water main is not subject to this rock provision.
Y { •
;• C -2483 Addendum 1
Page 2
Revise Section 3.3 of the Special Provisions as follows:
a. Change the first item to read as follows: "Barges may not operate
between the harbor entrance and the southerly boundary of the State
Preserve between the hours of 12 midnight Saturday and 12 midnight
Sunday.
b. Change the second item to read as follows: "From May 23 through
September 14, barges may not operate between the harbor entrance and
the southerly boundary of the State Preserve between the hours of
12 midnight Friday and 12 midnight Sunday.
6. Add the following paragraph to Section 5.4b:
During the rainy season and in advance of anticipated storm flows,
the measurements specified above will be conducted at such fre-
quencies as determined by the Engineer to assure that the measure-
ments separate storm flow sediment deposits from the quantities
excavated by the Contractor.
7. Add the following to Section 9:
In addition, a two - volume report by Moore & Taber in 1968 entitled
"Geologic and Subsurface Exploration" is available in the Public
Works Department office and may be examined by all bidders.
8. Section 8, "Water Transmission Main Construction ", Subsection 8.2 "Water
Line Trench: This Section states that "trench excavation and backfill
shall conform to Section 306 -1.3 of the Standard Specifications for Public
Works Construction except where modified by the Special Provisions."
Backfill requirements are modified in Section 8.7 "Pipeline Construction ",
Subparagraph b. "Backfill ". This section modifies the backfill requirement
for that portion of the project between Stations 1 + 28 and 6 + 00. This
segment corresponds to the portion which lies beneath the waterway. No
additional backfill material will be required over the 8 -inch quarrystone
specified. Refer to W- 5166 -S, Sheet 3 of 3, "Typical Trench Section ". The
channel bottom sediment will fill the remaining trench via tidal action.
Section 8, Subsection 8.5 "Ductile Iron Pipe and Fittings ": The subaqueous
pipe specified is manufactured by three manufacturers. They are listed in
the first paragraph of the subsection. The existing ball joint pipe was
manufactured by U.S. Pipe and Foundry. Pipe manufactured by the other
suppliers is not directly compatible with the existing pipe. This does not
preclude use of the other pipe, but requires either fabrication of a spe-
cial adapter piece or the use of a harnessed coupling connection. The
project plans do not show a harnessed coupling design. Contractors wishing
to use a non - compatible alternate pipe may do so by submitting fabrication
or shop drawings of a proposed harnessed coupling or may use a specially
manufactured adapter, as approved by the Engineer.
} • •
C -2483 Addendum 1
Page 3
10. The U.S. Army Corps of Engineers Public Notice of Applications for Permit
86- 279 -CH is hereby transmitted for the in ormation o a 1 prospective bid-
ders. It is anticipated that the Proposed Special Conditions included in
the Public Notice will be incorporated in the U.S. Army Corps of Engineers
Permit referenced in the appendix to the Special Provisions.
PLANS
In the proposed Special Conditions, Items a., e., f., g., k., and m. have
been preceded with an "X" and will not be the responsibility of the
Contractor.
Proposed Special Condition "d." is intended to minimize work in the vici-
nity of known nesting areas between April 1 and October 1. The primary
nesting area that has been identified is on the easterly side of the bay in
the vicinity of the Pacific Bell Telephone cable crossings. The Contractor
shall complete the channel excavation in this area and the lowering of the
telephone cables prior to April 1, 1987.
Access channels "A" and "B" may be widened and deepened at the Contractor's
option providing the widened channel does not exceed a total width of 100
feet. In the areas where the channels are widened, the width of the side
slope excavation shall be reduced so that it does not exceed the limits
shown on the plans.
Material excavated from widening or deepening the access channels beyond
the limits shown on the plans will not be included in the measured quan-
tities used for payment.
2. The elevations of the top of the 12 -inch gas line shown on Sheet 4 have
been determined from a recent survey. These elevations are shown on the
enclosed 8V x 11" drawing entitled "PCH Bridge Area - -12" Gas Main" dated
5 -29 -86 and prepared by Rattray & Assoc., Inc.
Please execute and date Addendum No. 1 and attach it to your bid proposal. No
bid proposal will be accepted without Addendum No. 1 being executed and attached
hereto.
Donald C. Simpson
Project Manager
I have carefully examined Addendum No. 1 and hereby consent to its being made a
part of our proposal.
Date November 12, 1986
DUTRA DREDGING COMPANY
idder's Name)
Telephone No. 707- 374 -6901 S /Bill T. Dutra, President
Authorized Signature)
Bidder's Address: 750 River Rd., P.O. Box 794, Rio Vista, CA 94571
Enc.
UPPER NEWPORT BAY
UNIT II
SEDIMENT CONTROL AND RESTORATION PROJECT
AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
PRE -BID CONFERENCE
NOVEMBER 3, 1986
MINUTES OF THE MEETING
A. Introduction of City staff and consultants working on the project. See
attached list of those present at conference.
B. Summary of corrections and clarifications discovered since advertising
contract.
1. The Public Notice of Application for Permit from the U.S. Army Corps
of Engineers is available. The Public Notice contains the antici-
pated special conditions and the items marked with an "X" are not
part of the Contractor's responsibility. Special attention should
be paid to Item "d ", (Permittee shall concentrate work in the period
from 1 October to 1 April to avoid impacts to nesting least tern and
light- footed clapper rails.
a. The primary nesting area in question is the area on the east
side of the bay near the Pacific Bell telephone cable crossings.
It is suggested that every effort be made to complete the work
in this area prior to April.
(1) If barge or boat traffic and their wakes are observed to
interfere with nesting, State Department of Fish and Game or
U.S. Wildlife biologists may require reduced speed and /or
berms to protect the nesting areas.
2. Bid Item #4 (Side slope excavation) is reduced from 106,000 lineal
feet to 10,600 lineal feet.
3. Special Provisions, Section 1.6: Possible Project Modifications,
pg. SP 2 of 21. If necessary, award of contract will be made by
reducing excavation for Bid Item #2 (Mass excavation basin "A ", "B",
and access channel) not Bid Item #4 (Side slope excavation in basin
and side channels).
4. Plans -- Several minor corrections have been noted on the plans.
a. Elevations for the gas main near the Coast Highway Bridge have
been obtained and will be included in the addendum.
b. A correction in the coordinates of the access channel alignment
has been made which reduces the length of the access channel by
approximately 23 feet.
M
Upper Newport Bay Unit I Sediment Control and Restoration Project (C -2483)
Pre -Bid Conference, 11/3/86
Page 2
C. Summary of Questions and Comments.
1. Section 3.3 of Special Provisions: Is 12:00 p.m. 12 midnight or 12
noon? 2:00 p.m. is intended to be 12 midnight. A request has been
made to Coast Guard to extend work time from midnight to 7:00 a.m.
2. Section 5.4b (Measurement and Acceptance)
a. The City has contracted for a private surveyor to conduct the
final hydrographic surveys on completed portions of work using
a fathometer. During the rainy season surveys will be completed
more often and at the threat of rain.
b. The City will also update surveys shown on the plans prior to
start of work by the Contractor.
3. Section 1.1 -a (Special Endorsement): Special endorsement sheets are
included in the blue section of the contract documents.
4. Section 7.4: The cable to be repaired is the most southerly cable,
4.F diameter.
5. The Telephone Co. drawings: The "as built" drawings show a future
8 0- oot-wide channel. This project is to lower the cables to pro-
vide for a 100 -foot channel as shown on Sheet 9 of 12 of the
contract plans.
6. Side Channels Excavation: Excavation of side channels may be
deepened or widened to a maximum of 100 feet within the existing
limits of the side slope exccavation at the Contractor's expense and
option.
7. Water Line Excavation: The lump sum price bid is for pipe line
complete in place, regardless of material to be excavated.
a. The alignment is adjacent to the location of an old Coast
Highway bridge that was demolished in 1932. We have no record
of the bridge but estimate that it was timber pile with concrete
deck. Previous excavation on the water line ran into large
chunks of concrete and timber piles. That debris is shown to
the best of our ability on the plans.
B. Channel and Basin Excavation: Previous dredging projects and soil
reports do not indicate Ta rge quantities of rock, and excavation in
rock is not anticipated. However, if rock is encountered and in the
opinion of the Engineer cannot be dredged without extraordinary
effort, the City will choose one of the following:
a. Move excavation.
b. Negotiate for cost of removal.
c. Choose not to remove.
N
•
Upper Newport Bay Unit II Sediment Control and Restoration Project (C -2483)
Pre -Bid Conference, 11/3/86
Page 3
Soil Reports: In addition to the soils reports referenced in the
project Special Provisions, a 1968 Moore and Taber Report (Vol. I
and Vol. II) and 1978 Caltrans Bridge borings are available for
review at the City's Public Works Department.
10. History of Project: This project is a cooperative project of the
City of Newport Beach, the City of Irvine, the County of Orange, The
Irvine Co., and the State of California Department of Fish and Game.
This is the third and final project in the program to create a sedi-
ment control system to protect the Upper Bay Ecological Reserve.
11. Access Channel - -Side Slopes: The access channel is to be 100 feet
wide with vertical side slopes. If the Contractor encounters a
sloughing problem, the City will obtain surveys to determine
material excavated; however, material in excess of the 100 - foot -wide
rectangular channel section will not be paid for.
12. Phone Cable Lowering Restoration: The area of disturbance on the
east side of the bay is to be kept to a minimum. Restoration will
require grading back to original grade and replanting existing vege-
tation or new cuttings as directed by Department of Fish and Game.
13. Bridge Protection: Contractor is to design bridge protection system
for approval of Caltrans and the Coast Guard.
14. Barge Traffic: Location of change -overs and traffic under Coast
Highway Bridge are to be part of the Barge Traffic Plan. If the
Contractor wishes to modify operation as described in the Special
Provisions, he must obtain approval from the Harbor Department and
Coast Guard.
15. Water Main Backfill
a. Under water piping requires bedding and cap rock only. No addi-
tional native material needs to be placed.
7
UPPER NEWPORT BAY
UNIT II PROJECT
PRE BID CONFERENCE
November 3, 1986
Attendee Name
Representing
Cal Robinson
DMA
Doug Comstock
Shellmaker Dredging
Jim Schilling
General Construction
Michael Tucker
Ductile Iron Pipe Research Association
Ron Burleson
RB & Associates
Rich Rhoads
Riedel International
Frank E. Becholt
Western Pacific Dredging
Chuck Webber
U.S. Pipe & Foundry
Jim Watterson
American Cast Iron Pipe Co.
Darrell Swainston
Jones Tug & Barge
Aronold Malley
Smith Rice
Kenneth I. Mullen
Consultant
Ron Hein
Department Of Fish & Game
Don Glanville
Valley Engineering
John Karas
Great Lakes Dredge & Dock
Bill Hannum
Great Lakes Dredge & Dock
Jim Ellis
Great Lakes Dredge & Dock
Scott Vuillemot
American Workboats & Divers
Joe Devlin
City of Newport Beach
William A. Mireser
Smith Rice Company
C. H. Powers
A. H. Powers, Inc.
John Wolter
City of Newport Beach
Don Simpson
City of Newport Beach
Jeff Staneart
City of Newport Beach
Mike Cheney
City of Newport Beach
(Consultant)
-US ARMY CORPS PUBLIC NOTICE •
of ENGINEERS OF APPLICATION FOR PERMIT
Los Angeles District
Public Notice/ Application No. 86- 279 -CH
Date Comment Deadline
fili101NblliDild NN111001 11NNNl XX
Interested parties are hereby notified that an application has been received for a Department of the
Army permit for the activity described below and shown on the attached drawing(s).
Applicant(s) California Department of Fish and Game
ATTENTION: Ron Hein
245 W. Broadway, Suite 350
Long Beach, California 90802 -4467
(213) 590 -5113
Location - Upper Newport Bay Ecological Reserve at Pacific Ocean.
Activity - excavate about 1,100,000 cubic yards of sediments and dispose of them at EPA dumpsite LA-
3. (For more information see page 2 of this notice.)
Comment and Review Period - Interested parties are U.S. Army Engineer District
invited to provide their views on the proposed work, ATTN: SPLCO -R -86- 279 -CH
which will become a part of the record and will be con- P. O. Boa 2711
sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053 -2325
Water Quality - Certification that the proposed discharge will comply with the applicable effluent
limitations and water quality standards is hereby requested from the location state. A
certification obtained for the construction of any facility must also pertain to the subsequent
operation of the facility.
Coastal Zone Management - The applicant has certified that his proposed activity complies with and will
be conducted in a manner that is consistent with the approved State Coastal Zone Management
Program. The District Engineer hereby requests the California Coastal Commission's concurrence
or nonconcurrence
Cultural Resources - The latest version of the National Register of Historic Places and other available
archeological and historical information have been reviewed. There are no known cultural
resources within the Area of Potential Environmental Impact of the proposed activity. Additional
cultural resources assessment does not appear to be warranted at this time.
Endangered Species - Preliminary determinations indicate that the proposed activity will not affect
endangered species, or their critical habitat, designated as endangered or threatened (Endangered
Species Act). Therefore, formal consultation under Section 7 (c) of the Act is not required.
Authority - This permit will be issued or denied under the following authorities:
X Structures or work in or affecting navigatie waters of the United States - Section 10, River and
ar or, et of 1899 (33 U.S.C. 403).
schar a of dredged or fill material into waters of the United States - Section 404, Clean Water Act
( 33 U.SZ 1344).
X Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine
rotectio -n Ifesearch and Sanctuaries Act of 1972 (33 U.S.C. 1413).
Z . PUBLIC NOTICE - APPLICATION NO. 86- 279-CH
Evaluation - The decision whether to issue a permit will be based on an evaluation of the probable impact
including cumulative impacts of the proposed activity on the public interest. That decision will reflect
the national concern for both protection and Ltilization of important resources. The benefit which
reasonably may be expected to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. All factors which may be relevant to the proposal will be considered including
the cumulative effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain
values, land use, navigation, shoreline erosion, and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food production and, in general, the needs and welfare of the
people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the
activity will include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b)(1) of
the Clean Water Act.
EIS Determination - A preliminary determination has been made that an environmental impact statement
is not required for the proposed work.
Public Hearing -Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Proposed Activity for Which a Permit Ls Required - excavate about 1,100,000 cubic yards of
sediments from the Upper Newport Bay Ecological Reserve to create a desiltation basin, two
side channels and an access channel; transport and dispose of dredged materials at EPA interim
designated dumpsite LA -3 at 330 31.63 N, 1170 54.6 W.
Additional Project Information -
The California Department of Fish and Came proposes to dredge about 1,100,000 cubic
yards of material from Upper Newport Bay, either by clamshell or hydraulic dredge. This would
create a basin about -14 ft. (MSL) from about 30 acres of existing intertidal mudflats and an
access channel for skows from existing subtidal channels.
The project area is in the Upper Newport Backbay in Newport Beach, Orange County,
California. The Backbay is operated and managed by the California Department of Fish and
Game as a State Ecological Reserve. An Environmental Impact Report entitled "Upper Newport
Bay Enhancement /Sediment Management Project" was prepared for the City of Newport Beach
by Culbertson and Adams and Associates, Inc., and contains a more detailed area description
and background history of the proposed project. The Corps of Engineers will take unto
consideration the findings of this docum mt rihen evaluating the permit application.
fhe purpose of the project is severallold. The Department of Fish and Game hopes to
provide deep water channels for fisheries and waterfowl. The Department and the City of
Newport Beach hope to create a desilting basin to trap silts being deposited from upstream
sources. The Department hopes that this would prevent the eventual insilting of the Reserve,
which would result in a shift to high marsh. The City would be relieved of some of the silting
problems in the outer harbor and perhaps require less of an expenditure for maintenance
dredging.
Dredged materials would be disposed of at LA -3, an Environmental Protection Agency
(EPA) approved dumpsite located about 8 kilometers southwesterly from the entrance to
Newport Bay or Corona del Mar (33 031.63' N lat., 117 054.6' W long.), at a heading of 2030 from
true north (Figure 4). The depth at the center of the site is about 446 meters, however the site
has a 930 meter radius and the depth of the disposal area varies from 435 meters to 455
Cl
PUBLIC NOTICE - APPLICATION NO. 86- 279-CH
meters. An evaluation of the material to be dredged has been Pzecuted by Marine Bioassay
Consultants, Coasta Mesa, California, for the city of Newport Beach. The document has been
evaluated by the Environmental Planning Branch of the Corps of Engineers and the
Environmental Protection Agency. The materials have been found to comply with Federal
Guidelines for materials proposed to be disposed of at sea.
Also completed for the proposed project has been a formal consultation pursuant to
Section 7 of the Endangered Species Act, as ammended. The result of this consultation was that
with appropriate project design and the inclusion of Special Conditions (below) the project would
not be likely to impact any of the endangered species present at the site. These species include
the California least tern, the light - footed clapper rail, the endangered plant salt marsh bird's
beak, and the candidate species of brackish water snail, Tryonia imitator.
DREDGING
Sediment removal would be accomplished with a barge- mounted hydraulic or clamshell
dredge, and would not require temporary dikes or dewatering impoundments for dredge spoil.
Excavated material would be deposited into barges. The volume and location of tailwater
discharges from the barges are presently undecided. All would would be confined within the
boundaries of the areas to be excavated and would be conducted within a si month period
beginning no earlier than Angwst•or6eptember+"6 -.
O�Zcer tM.4c i 9d'G c 1f;Nv�7• / 9 d 7
Some of the dredging would be conducted in existing permanent open water (subtidal)
areas of the bay. Excavation of 1,100,000 cubic yards in the main channel is necessary for
dredge and barge access to the upstream end of the project.'.
At the upstream end of the project, a basin would be constructed by excavating another
1,100,000 cubic yards in a manner which would convert about 23 acres of intertidal mudflat into
permanent open water. No large area of existirg salt marsh vegetation would be distrubed.
Only unvegetated intertidal mudflat below an elevation of about +4.0 feet mean lower low
water ( +1.3 feet mean sea level) would be deepened -11 feet mllw.
OCEAN DUMPING
a. Location and physical boundaries. LA -3 is about 5 miles SW of the entrance to
Newport Bay. Depth at center is 1420 ft. varies from 1380 to 1450 ft. Radius is about one half
mile.
b. Federal site designation. LA-3 is a federally approved indefinite interim location to
receive discharge materials.
c. Site description if not Federally approved. N/A
d. Historic uses of site. The site was designated as a dump site in 1977.
e. Existence and documented effects of previous dumping. LA -3 disposal site is
contaminated with the heavy metals cadmium, copper, and lead. The presence of these metals
are representative by- products of industrial wastes.
f. Estimated length of time of dumping. The dumping is expected to take over a six
month period.
g. Characteristics and composition of dredged material. The material to be dredged is
sedimentary material, silts, clay, and silty sand, containing organic material, oil, heavy metals,
10 . 3
PUBLIC NOTICE - APPLICATION NO. 86- 279-CH
nutrients, pesticides and other materials. Cadmium, arsenic and mercury are also present in the
upper bay in trace amounts.
Proposed Special Conditions:
a. That a biologist or wetlands ecologist with authority to suspend the operation
shall be present on site at all times during construction to monitor construction activities
and ensure the construction does not impact sensitive areas and to ensure that light -
footed clapper rails are not endangered on the construction site. The choice of
biologist /ecologist shall be subject to approval by the Corps of Engineers in consultation
with the US Fish and Wildlife Service and the California Department of Fish and Game.
b. That the permittee shall enforce adequate pipeline anchoring and barge speed
limits.
c. That the permittee shall restrict crew boat operations to avoid all salt marsh
areas.
d. That the permittee shall concentrate work in the period from I October to 1
April to avoid impacts to nesting least terns and light- footed clapper rails.
e. Permanent signs shall be posted and maintained along the channel from the
southerly Upper Newport Bay Ecological Reserve boundary upstream to the Jamboree
v Road bridge which advise boat operators of the 5 knot speed limit and of the restriction
upon landings and /or encroachments onto the salt marsh or islands of the Ecological
Reserve. The permittee shall provide, prior to initiation of construction, a signed
statement of intent, cooperative agreement, or other such written recognition of the
responsibility and ability to enforce these boating sanctions.
f. Similar commitments shall be obtained prior to construction for enforcement of
existing restrictions of pedestrians and unrestrained dogs.
g. The permittee shall transplant cordgrass (S artina foliosa) sprigs on six -foot
centers, between the +4 and +5 foot MLLW tidal elevations, along the margin of the basin
constructed pursuant to Department of Army Permit 84 -161, in order to accelerate the
establishment of the necessary cordgrass zone. This cordgrass transplantation work shall
be completed no later than the construction work subject to this permit. The permittee
may conduct this cordgrass transplantation work in a manner other than described herein,
following approval of a written transplantation plan by the Corps of Engineers,
Regulatory Branch, in consultation wi' n the U.S. Fish and Wildlife Service.
h. That if any taking (per the Biological Opinion) of any listed species occurs, the
contractor on site shall immediately cease the activity and the Corps of Engineers shall
reinitiate formal consultation and /or seek authorization -under Section 10(a)(1)(B) of the
Endangered Species Act prior to proceeding with the activity.
i. That all individuals of any listed species which are injured or killed as a result of
the subject action shall be retrieved and shall be turned over to the U.S. Fish and Wildlife
Service immediately.
j. That if taking occurs, the permittee shall immediately prepare a written report
which shall include the date, location, and circumstances surrounding the taking and the
disposition of the individual's) taken. Written and telephone reports shall be directed to
Ms. Nancy Kaufman at:
L(
I '
/,Z
PUBLIC NOTICE - APPLICATION NO. 86-279-CH `
US Fish and Wildlife Service
Federal Building, 24000 Avila Road
Laguna Niguel, California 92677
telephone: (714) 642 -4270
X k. That prior to starting the activities authorized herein, they shall be authorized
by a permit issued pursuant to the California Coastal Act of 1976, as amended.
1. That the permittee shall notify the Commander (oan) 11th Coast Guard District,
Union Bank Building, 400 Oceangate, Long Beach, CA 90822, (213) 590 -2222 at least 2
weeks prior to start of the activity and 30 days if buoys are to be placed.
m. That the permittee shall send a drawing of the completed project to the U. S.
X Department of Commerce, National Ocean Survey, Marine Chart Division, ATTN:
N /CG222, 6001 Executive Blvd., Rockville, Maryland 20852, to revise affected nautical
charts.
n. That the permittee shall control floating debris, from dredging activities, so
that none enters the navigable portions of the harbor.
o. That the permittee shall notify the U. S. Coast Guard, Captain of the Port, (Los
Angeles /Long Beach) 24 hours prior to dumping of dredged material at the disposal site,
at (213) 590 -2340. (Note: All ocean dumping permits will be sent to the Captain of the
Port).
p. That the permittee shall submit, at the completion of ocean disposal, the
attached disposal report to the Regulatory Branch, Los Angeles District, Corps of
Engineers.
For Additional In formation - Please call Cheryl Hill, Regulatory Branch, (213) 894 -5606, before
3:00 p.m. any work day.
This Public Notica is issued by the Chief, Regulatory Branch.
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0 *November 24, 1986
BY 7)it CITY CuiiNC6L CITY COUNCIL AGENDA
ITEM NO. F -3(a)
CITY OF NWPORT BEACH
TO: CITY COUNCIL NOV 24 1986
FROM: Public Works Department
APPROVED
SUBJECT: UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AND
UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
RECOMMENDATION:
Award Contract No. 2483 to Dutra Construction Co., Inc. of Rio Vista,
California, for $4,716,490 and authorize the Mayor and the City Clerk
to execute the contract.
DISCUSSION:
Bids for this contract were opened at 11:00 a.m, on November 12, 1986.
Bidder Amount
1. Dutra Construction Co., Rio Vista $4,716,490
2. General Constructon Co., Long Beach $4,887,600
3. Valley Engineers, Fresno $4,891,000
4. Smith -Rice Co., Alameda $5,077,000
5. Great Lakes Dredge & Dock Co., Oakland $5,325,400
The low bid is 6.8% less than the engineer's estimate of $5,060,480.
The difference between the estimate and the low bid is due to current com-
petitive bidding and a lower than estimated cost for the 24 -inch water
transmission main.
Dutra Construction Company is from Rio Vista, California, which is
located on the Sacramento River in the delta area. They have satisfactorily
performed many large dredging projects for the U.S. Army Corps of Engineers,
including the Baldwin Ship Channel in Stockton, Santa Cruz Harbor and Santa
Barbara Harbor.
On April 9, 1984, the City Council authorized the Mayor and the City
Clerk to execute the implementation agreement for the in -bay facilities. That
agreement recommended phased construction of the in -bay facilities. Unit I, the
in -bay basin below Jamboree Road, was completed in 1985. The remaining in -bay
facility to be constructed under the agreement is the Unit II project. The
City, acting as the lead agency pursuant to an agreement with the California
Department of Fish and Game, has prepared the plans and specifications.
The Unit II project consists of a basin below the old salt works dike
excavated to a depth of -14 MSL and a 100- foot -wide access channel from the
lower end of the basin to below the Coast Highway bridge. In addition, two side
(0)
November 24, 1986
Subject: C -2483
Page 2
channels designed
of sediment to be
excavated material
tors, and disposed
outside the Harbo r
of work.
as restoration elements will be excavated. The total amount
excavated will be approximately 1,100,000 cubic yards. The
will be loaded into barges utilizing "clamshell" type excava-
of in an approved off -shore disposal site about four miles
entrance. The attached sketch shows the locations and limits
The City's 24 -inch water transmission main crosses Upper Newport Bay
above the Coast Highway bridge. This major water facility failed some time ago,
and has been out of service. The line serves as an emergency backup to the
parallel 24 -inch line that is located within the Coast Highway bridge. Since
the new water line must cross under the 100 - foot -wide access channel, it has
been determined that dredging activity and the water line construction can best
be coordinated by combining them in one construction contract.
follows:
Funds for the project have been provided in the current budget as
State Department of fish & Game $3,327,168
The Irvine Company 779,888
Orange County Harbor Beaches and Parks District 149,057
County of Orange 10,204
City of Irvine 14,196
City of Newport Beach 155,712
Subtotal $4,436,225
City of Newport Beach 24 -Inch Water Main $ 214,065
Pacific Bell (lower 3 Submarine Cables) 66,200
Total $4,716,490
An agreement with Pacific Bell to lower the three submarine cables has
been executed. The agreement provides for the City's contractor to lower the
cables and for the work to be funded by Pacific Bell. A budget amendment to
provide for these funds has been prepared for Council approval.
All permits have been obtained for the project except for the Corps of
Engineers permit, which has been circulated for comments. The Corps permit is
being processed now and will be issued prior to the start of any work.
The plans and specifications for the project were prepared by the
Public Works Department, with consultant services from Mr. Mike Cheney,
Consulting Civil Engineer, and surveys from Rattray and Associates, Inc. The
project is scheduled for completion by December 1, 1987.
c �
4�8enj B.
Public Works
JSW:jd
Att.
42e V4,tn,
Nolan
Director
F' t
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NfarW BeA CA 92663
(714631.8120
Ville Ne`tiport Ensign
STATE OF CALIFORNIA
ss.
County of Orange,
I-am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above - entitled matter..
I am the principal clerk of the prin-
ter of the Newport Ensign newspaper
of general circulation, printed and
published weekly in the city of New-
port Beach, County of Orange, and
which newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under
the date of May 14, 1951, CASE NUM-
BER A -20178 that the notice, of
which the annexed is a printed copy
(set in type not smaller than non-
pareil) has been published in each
regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates to-
wit:
SEP 2 51986
I certify (or declare) under penalty
cf perjury that the foregoing is true
and correct. Dated in ewport Beach,
California SEP 2 - __
SIGNATURE
i
B CKY L. BOLTON
LEGAL ADVERTISING DIRECTOR
'3
A Drisitn of Bate ConvKw Iom
PROOF OF PUBLICATION
52015_5 C_C P_)--- - - - - -_
tt-------
11-------------------------------
1
11
11
u
II
II
{ I
PUBLIC NOTICE
1 C
I {
NOTICE INVITING BIDS
1
Sealed bids may be
1 t
received at the office of the
11
City Clerk, 3300 Newport
{ 1
Boulevard, P.O. Box 1768,
I 1
Newport Beach, CA 92658-
1 1
8915 until 11 A.M. on the
I I
12th day of November,
l {
1986, at which time such
1 1
.bids shall be opened and
1 1
read for UPPER NEWPORT
11
II
.BAY SEDIMENT CONTROL
AND RESTORATION PRO -
II
I 1
JECT AND UPPER NEW.
PORT BAY WATER TRANS-
'MISSION M N
9
Title o ��f
1 I
{ {
tract No., ,241,280, Engi-
1 1
nets Estimate, Approved
I I
by the City Council this
{ l
22nd day of September,
l 1
1986.
1 1
Wanda E. Raggio,
{ {
City Clerk
1 1
Prospective bidders may
1 1
obtain one set of bid doc.
I
1 I
uments at no cost at the
office of the Public Works
j I
Department, 3300 Newport
1 1
Boulevard, P.O. Box 1768,
I 1
Newport Beach, CA 92658-
1 1
8015.
1 I
For further information,
1 1
call Don Simpson, Project
Ii
at 644 - 3311.
II
9Man5ager,
1
11
11
I{
II
II
n
1
11
ii
II
I
11
tl
11
1
II
11
11
11
u
11
11
11
I
it
11
'3
A Drisitn of Bate ConvKw Iom
o3
• TO: CITY COUNCIL
FROM: Public Works Department
September 22, 1986
CITY COUNCIL AGENDA
BY THE CITY COUNCIIITEM NO. F -15
CITY OF NEWPORT BEACH
SEP 22 1986
APPROVED
SUBJECT: UNIT II UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AND
UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (C -2483)
RECOMMENDATION:
Approve the plans and specifications.
Authorize the City Clerk to advertise. for- be opened at
11:00 a.m. on Wednesday, November 12, 1986.
DISCUSSION:
On April 9, 1984, the City Council authorized the Mayor and the City
Clerk to execute the implementation agreement for the in -bay facilities. That
agreement recommended phased construction of the in -bay facilities. Unit I, the
in -bay basin below Jamboree Road, was completed in 1985. The remaining in -bay
facility to be constructed under the agreement is the Unit II project. The
City, acting as the lead agency pursuant to an agreement with the California
Department of Fish and Game, has prepared the plans and specifications.
The Unit II project consists of a basin below the old salt works dike
excavated to a depth of -14 MSL and a 100 -foot -wide access channel from the
lower end of the basin to below the Coast Highway bridge. In addition, two side
channels designed as restoration elements will be excavated. The total amount
of sediment to be excavated will be approximately 1,100,000 cubic yards. The
excavated material will be loaded into barges and disposed of in an approved
off -shore disposal site about four miles outside the Harbor entrance. The
attached sketch shows the locations and limits of work.
The City's 24 -inch water transmission main crosses Upper Newport Bay
above the Coast Highway bridge. This major water facility failed some time ago,
and has been out of service. The line serves as an emergency backup to the
parallel 24 -inch line that is located within the Coast Higwhay bridge. Since
the new water line must cross under the 100- foot -wide access channel, it has
been determined that dredging activity and the water line construction can best
• be coordinated by combining them in one construction contract.
The water line construction is estimated to cost $500,000. Funding
has been included in the Capital Improvement budget. The Unit II project
funding is provided for in the in -bay agreements with the participating parties.
The total funding available for construction, engineering, and administration of
the Unit 11 project (not including the water line work) is as follows:
i
September 22, 1986
Subject: Unit II Upper Newport Bay Sediment Control and Restoration Project and
Upper Newport Bay Water Transmission Main Crossing (C -2483)
Page 2
Party
1. State of California Department of Fish & Game $3,791,000
2. The Irvine Company $ 928,458
3. City of Irvine $ 16,900
4. Orange Co. Harbor, Beaches & Parks District $ 177,453
5. County of Orange $ 12,147
6. City of Newport Beach $ 185,375
Total $5,111,333
A 12 -month construction time is being allowed for completion of the
project.
The Engineer's estimate for construction of the project (including the
water line work) is $5,262,000. A detailed account of the project funding will
be prepared for the Council when award of the contract is considered.
All permits have been obtained for the project except for the Corps
of Engineers permit, which is currently being circulated for comments. It is
expected that the Corps permit will have been issued when award of the contract
is considered.
Q ;14
Benjamin B. Nolan
Public Works Director
DS:jd
Att.
C.
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