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Home My WebLink AboutC-2441 - Upper Newport Bay Sediment & Restoration Project, Unit I0 4 CITY OF NEWPORT BEACH February 11, 1986 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Valley Engineers, Inc. P.O. Box 12227 Fresno, CA 93777 (714) 644 -3005 Subject: Surety: The Aetna Casualty and Surety Company Bonds No.: 5 SB 100088244 BCA Contract No. C -2441 Project: Unit I Upper Newport Bay Sediment Control and Restoration Project Dear Bruno Dietl: The City Council on January 13, 1986 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded by the Orange County Recorder on January 28, 1986, Reference No. 86- 036904. Please notify your surety company that the bonds may be released 35 days after this date. Sincerely, Wanda E. Raggio 1/y` City Clerk WER:pm cc: Public Works F EXEMPT ^REQUEST ED 3QUEST" AND PLEASE RETU N T l i C1 City Clerk $��d -$. T City of Newp rt Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 NO`rICF. OF COMPLETION PUBLIC WORKS MEND- ". e n— .,.J 34 "U40E0 IN OFFICIAL RECORDS ORANGE COUNTY CALIFORNIA -9S0AM JAN 28'86 c>�-a _ COUNTY """•'z'"�� RFCDROER I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 13, 1986 the Public Works project consisting of— Unit I Upper Newport Bay Sediment Control and Restoration Project (C -2441) on which Valley Engineers, Inc., P.O. Box 12227, Fresno, CA 93177 was the contractor, and The Aetna Casualty and Surety Company, P.O. Box 8090, _ was the surety, was completed. Walnut Creek, CA 94596 VERIFICATION I, the undersigned, say: CITY OF NEWPORT BEACH 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 January 14, 1986 at Newport Beach, California. :VF' // �f Y✓y6 rvv✓ / al' Public orks 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 January 13. 1986 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 January 14, 1986 at Newport Beach, California. City of Newport Beach, Owner City Clerk Nwlca -1 gF�� N1 GNL%V f�8 �p }986 pE,CE1VEe 2 E TY O F AN G E LEE A. BRANCH COUNTY RECORDER City of Newport Beach City Hall 3300 Newport Blvd. P. 0. Box 1768 Newport Beach, CA 92663 0 COUNTY RECORDER: 630 N. Broadway, Rm. 101 P.O. Box 236 Santa Ana, CA 92702 Telephone: 714/834-2500 January 21, 1986 We are returning UNRECORDED Notice of Completion, naming City of Newport Beach, together with your remittance of $None, Ck. No. none. City of Newport Beach must be identified as owner of real property or improvements in the body of the document or at the signature point. LEE A. BRANCH COUNTY RECORDER By �II4ra 1". CE f mo Deputy Recor er EDQ:frc 0 a CITY OF NEWPORT BEACH January 15, 1986 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -8915 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: (714) 644 -3005 Attached for recordation is Notice of Completion of Public Works project consisting of Unit I Upper Newport Bay Sediment Control and Restoration Project, Contract No. 2441 on which Valley Engineers, Inc. was the Contractor and The Aetna Casualty and Surety Company was the Surety. Please record and return to us. Sincerely, Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works 3300 Newport Boulevard, Newport Beach r� U • • 0 TO: CITY COUNCIL FROM: Public Works Department • January 13, 1986 CITY COUNCILFAGIE3NDA ITEM NO. SUBJECT: ACCEPTANCE OF UNIT I UPPER BAY SEDIMENT CONTROL AND RESTORATION PROJECT (C -2441) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk 3. Authorize the City Clerk Notice of Completion has DISCUSSION: s,DRT 1±FPt° i JAN 13 1983 APPROVED to file a Notice of Completion. to release the bonds 35 days after been filed. The contract for the subject project has been completed to the satisfaction of the Public Works Department. The bid price was: $ 3,511,000.00 Amount of unit price items constructed: 3,957,177.60 Amount of change orders: 50,224.20 Total contract cost: 4,007,401.80 Funds for the project were budgeted in the following General Fund account numbers: 02- 4197 -325 (State Coastal Conservancy) $ 362,000.00 02- 4197 -326 (Port of Long Beach) 975,250.00 02- 4197 -327 (County of Orange) 126,982.00 02- 4197 -328 (City of Irvine) 11,170.00 02- 4197 -329 (The Irvine Company) 623,325.00 02- 4197 -330 (City of Newport Beach) 124,310.00 02- 4197 -331 (State Dept. of Fish & Game) 1,870,000.00 4,093,037.00 After award of the contract, the Department of Fish and Game requested that an additional $170,000 of State Funds be used to increase the amount of material being removed from the Bay and to provide four small ponds on the perimeter of the project. In addition, $260,000 which had been held for contingencies and approximately $70,000 of interest earned by the Port of Long Beach funds were used to increase the amount of material excavated from the Bay. The contractor is Valley Engineers, Inc. of Fresno, California. The contract date of completed on November 8, 1985. Benjamin B. Nolan Public Works Director JW: jw compl =tion was January 28, 1986. The work was L • r J TO: CITY COUNCIL FROM: Public Works Department f BY THE CITY COUNCIL CITY OF NEWPORT BEACH AUG 26 1985 APPRO VED August 26, 1985 CITY COUNCIL AGENDA ITEM NO. F -23 BA -015 SUBJECT: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT (C -2441) RECOMMENDATION: Approve a budget amendment which provides an additional $60,000 for the subject project. DISCUSSION: On June 25, 1984, the City Council approved a funding agreement with the Port of Long Beach which provided $600,000 of Port of Long Beach funds for the subject project. Terms of that agreement required that the interest accrued on those funds prior to actual expenditures be spent on additional restoration work in the bay. The $60,000 is the estimated interest to date and a project change order has been prepared to provide for additional excavation work under the subject contract. - 49 k4 Benjamin B. Nolan Public Works Director BBN:jw <3,,) City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED - VALLEY ENGINEERS, INC. CERTIFICATE OF INSURANCE Page 13 INSURANCE COMPANIES AFFORDING COVERAGES Company A HARTFORD ACCIDENT & INDEMNITY CO. Letter 1 company B SCOTTSDALE INSURANCE (CROUSE) Letter C P.O. BOX 12227 Itumpany D FRESNO, CA. 93777 IUUmpdny E Letter 'his is to certify that policies of insurance listed below have been issued to the insured named .bove and are in force at this time, including attached endorsement(s). OTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ANCELLATION: 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 r� registered mail, attention: Public Works Department. Agency: JOSEPH A. WYNNE AGENCY 6/28/85 Date Issue: escription of operations /locations /vehicles: All operations performed for the City of Newport each by or on behalf of the named insured in connection with the following designated contract: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT (C -2441) Project Title and Contract Number OTICE: 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. Policy LIMITS OF LIABILITY IN THOUSANDS OMPANY TYPES OF INSURANCE Policy s ETTER COVERAGE REQUIRED No. � Each Completed Per" Occurrence Operations A GENERAL LIABILITY 57U NMX3281 7 -1 -85 Bodily njury y $ 500 $ 500 x Comprehensive Form Premises - Operations Property Damage $ 250 $ 250 x Explosion & Collapse Hazard 7 -1086 1x x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ 500 Aviation 1,000. P.D. DEDUCTIBLE AUTOMOTIVE LIABILITY A ❑x Comprehensive Form 57u Bodily Injury $ NMX3281 Ito (Each Person) �x Owned $ Bodily Injury 7-1 -86 (Each Occurrence) Pro ert Dama e x Hired ❑ Bodt y In and Fx Non -owned Property Damage Combined $ 600 EXCESS LIABILITY B Q Umbrella Form UM. 011051 4 -17 -85 Bodily Injury ❑ Other than Umbrella Form to 4 -17 -86 and Property Damage Combined $5,000 $ 5,000 WORKERS' COMPENSATION Statutory A and WC57 EMPLOYER'S LIABILITY WBMX3280 7 -1 -85 to Statutory aCh Accident) OTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ANCELLATION: 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 r� registered mail, attention: Public Works Department. Agency: JOSEPH A. WYNNE AGENCY 6/28/85 Date Issue: escription of operations /locations /vehicles: All operations performed for the City of Newport each by or on behalf of the named insured in connection with the following designated contract: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT (C -2441) Project Title and Contract Number OTICE: 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. It is agreed that: CITY OF NEWPORT BEACH 0 AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 14 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach 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 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 Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (X) Single Limit Bodily Injury Liability $ 600,000, each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease 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. 5. Designated Contract: UNIT 1 UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT Project Title and Contract No.). This endorsement is effective 7 -1 -85 at 12:01 A.M. and forms a part of Policy No. 57 UENMx 3281. Named Insured Name of Insurance Company HARTFORD ACCIDENT & INDEMNITYBCO. /1 Z Aunt- horized Representative JOSEPH A. WYNNE AGENCY 1] CITY OF NEWPORT BEACH 9 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 15 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach 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 City of Newport Beach. 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 insured named in paragraph I 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 $ 500,000. Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence $ 250,000. each occurrence each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT Project Title and Contract No. (C -2441) This endorsement is effective 7 -1 -85 at 12:01 A.M. and forms a part of Policy No.57 UENMX 3281 Named Insured VALLEY ENGINEERS, INC. Name of Insurance CompanyRARTFORD ACCIDENT & INDEMNIt� CO. No. ve 4 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 11:00 a.m. on the 10th day of January , 1985' at which time such bids shall be opened and read for UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT_ Tit e ol— f Project 2441 Contract No. $3,511,000 Engineer's Estimate db � M O Approved by the City Council this 26th day of November, 1984. Wanda E. Raggio 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 John Walter _ at 644 -3311. Project Manager CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT CONTRACT NO. 2441 ADDENDUM NO. 1 December 21, 1984 NOTICE TO BIDDERS: Bidders shall propose to complete Contract No. 2441 in accordance with the contract documents, the proposal, the specifications, and as modified by this Addendum No. 1. 1. Amend Section XIV, FAIR EMPLOYMENT PRACTICES, of the Special Provisions to read as follows: "The Contractor shall conform to the requirements outlined in the 'Nondiscrimination clause' contained in the appendix of this specification ". 2. Add the attached "Nondiscrimination clause" to the appendix of the specifications. Please execute and date Addendum No. 1 and attach to your bid proposal. No bid proposal will be accepted without Addendum No. 1 being executed and attached hereto. Benjamin B. Nolan Public Works Director Date: January 10, 1985 (209) 237 -9173 Telephone No. Att. VALLEY ENGINEERS, INC. Bidder's Name S /Bruno Dietl, Vice President /Sec. Authorized Signature P. 0. Box 12227, Fresno, CA 93777 Bidder's Address NONDISCRIMINATION CLAUSE (ocP - 2) 1. During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex, Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination, 2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285,0 et sea,), the provisions of Article 9,5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135 - 11139,5) and the regulations or stand- ards adopted by the awarding State agency to implement such article, 3. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, 4, The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract, STD. 17B (NEW 3-831 � + 1 PRE -BID CONFERENCE ALL INTERESTED BIDDERS ARE INVITED TO ATTEND A PRE -BID CONFERENCE SCHEDULED FOR 10;00 A,M „ DECEMBER 19, 1984, IN THE CITY OF NEWPORT BEACH COUNCIL CHAMBERS LOCATED AT 3300 WEST NEWPORT BOULEVARD, NEWPORT BEACH, CA, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT CONTRACT NO. 2441 PROPOSAL The Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2441 in accordance with the Plans (Drawing M- 5243 -5) and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place to wit: ALTERNATE "A" m Quantity Item Description Unit Total- - No. and Unit Unit Price Written in Words Price P Yce 1. 69, Mass excavation from Reach A C.Y. @ Dollars and Cent per dtflZic yard $ $ 2. 218,000 Mass excavaion Fom Reach B C.Y. @ Dollars and nts pe cubic yard $ $ 3• 436,000 Mass excavation from Reach C C.Y. @ Dollars and Cents per cubic yard $ $ PR -1 0 ALTERNATE "B" (CONTINUED) Item Quantity Item Description Unit Total No. and Unit Unit Price Written in Words Price Price 5. 67,000 Construct separate basin C.Y. @ Three Dollars and Thirty Cents $ 3.30 $221,100.00 TOTAL BID PRICE WRITTEN IN WORDS AND FIGURES (ALTERNATE "B "): Three Million Five Hundred Eleven Thousand Dollars and No Cents TOTAL BID $ 3,511,000.00 January 10 1985 VALLEY ENGINEERS INC. Date Bidder's Name S /Bruno lietl, Vice President /Sec. (Authorized Signature) CONTRACTOR'S LICENSE NO. ADDRESS 264 N. Palm Avenue Number Street Fresno. CA 93701 City State Zip TELEPHONE NO. 09) 237 -9173 rea Code Number PR -3 INSTRUCTIONS TO BIDDERS 0 Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTOR(S) BIDDER'S BOND (sum not less than 10% of total bid price) NON- COLLUSION AFFIDAVIT STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. 112112 A VALLEY ENGINEERS, INC. Contr's Lic. No. & Classification Bidder January 10, 1985 S /Bruno Diet], Vice President /Sec. Date Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 1. All work by self. 2. 3. 4. 6. 7. 8. 9. IG3 11. 12. VALLEY ENGINEERS, INC. S /Bruno Dietl, Vice President /Sec. Authorized Signature Title , I I FOR *GINAL SEE CITY CLERK'S FILE CIo Page 4 , t BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, VALLEY ENGINEERS INC a California Corporation , as bidder, and THE AETNA CASUALTY AND SURETY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT (10 %) OF AMOUNT OF BID SUBMITTED---- - - - - -- Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of in the City of Newport Beach, is accepted by the City Council of said City, anc if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 10th day Of January , 19R5. (Attach acknowledgement of Attorney -in -Fact) Sabrina Harris Notary Public Commission expires Aug. 28, 1987 VALLEY ENGINEERS, INC. Bidder S /Bruno Dietl, Vice President /Sec. _ Authorized Signature /Title THE AETNA CASUALTY AND SURETY COMPANY Surety BY S /Donna Ellis Title Attorney -in -Fact 0 NON- COLLUSION AFFIDAV 49 Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. VALLEY ENGINEERS. INC. S /Bruno Dietl, Vice President /Sec. Authorized Signature /Title Subscribed and sworn to before me this 7th day of January , 1985 . My commission expires: August 23, 1985 S /Heidemarie M. Valeriote Notary Public `''� FOR ORIGINAL"SEE CITY CLERK'S FILE COPY • Page 6 I STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. On file with City Clerk. VALLEY ENGINEERS, INC. Bi der S /Bruno Dietl, Vice President, Sec. Authorized Signature/Title • Page 7 l TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. ter.,... �.. � .. i ... - -- — VALLEY ENGINEERS, INC. Bidder BRUNO DIM gnature /Title VICE PRESIDENT SECRETARY �i • • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Ile Ca ustx wa�e✓ Co. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. �iS(z Ct�i2S e� �parrl,elcl d .S d 5e %?ro - j pG l�C2ai✓ lVw�-�a(l eSPlt�eXr 7 997 ,F li?7 /r1Ff�i!"7�1��t�'�� a/ VALLEY ENGINEERS, INC. Bidder C BRUNO OiETL uthori Signature /Title VICE PRESIDENT SECRETARY ti • • • N O T I C E • Page 8 The following are samples of 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 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 15 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for 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 edi- tion adopted for use in the City of Newport Beach , except as supplemented or modified by the Special Provisions for this project. (Executed in four counterp ) KNOW ALL MEN BY THESE PRESENTS, That Page 9 Bond No. 5 SB 100088244 BCA Premium included in charge for PAYMENT BOND Performance Bond. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 282 19852 _ has awarded to VALLEY ENGINEERS INC hereinafter designated as the "Principal ", a contract for UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT (C -2441) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We as Principal, and VALLEY ENGINEERS, INC., THE AETNA CASUALTY AND SURETY COMPANY, as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THREE MILLION FIVE HUNDRED ELEVEN THOUSAND AND NO 1100 - -- Dollars ($3,511,000.00 ), 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 bird ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon • • Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. suq. 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 arh day of Fahr,inry , 19'5_• Appr ved as to forfn: -- C City Attorney Seal) r Vr� ncipa / THOMAS R. FLYNN and Title PRESIDENT Authorized Signature and Title THE AETNA CASUALTY AND SURETY COMPANY(Seal) Name of Surety Post Office Box 8090, Walnut Creek, CA 94596 Address of Surety By: Z�u � _ Signature and Title of Authorized Agent Donna Ellis - -- Attorney -in -Fact Post Office Box 11004, San Francisco, CA 94101 ddress of Agent (415) 777 -1115 Telephone No. of Agent T 7D C o _ c m m « m m Z O d d 0 m ' - I N 0 ° � X « U U p L m u a C a o x m E a N W -H N m a U ro Z C t4 O u+ G H e L U r= { vl •T N 3 Q�� E �:.., � I m C N w N a m E O c m > C O E z o Q 0 m _ o E � - 0 C 0 c U= m m Y m a c lk j °n a m m > ° w N N 0 m? Q Z O O LL_ y J Q ro LL p O N w � Q t- N ° T C O U .(Executed in four counters) • Page 11 Bond No. 5 SB 100088244 BCA The Premium charged for this Bond is $28,083.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 28, 1985 has awarded to VALLEY ENGINEERS, INC. hereinafter designated as the "Principal ", a contract for UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT (C -2441 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, VALLEY ENGINEERS, INC., as Principal, and THE AETNA CASUALTY AND SURETY COMPANY, as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of THREE MILLION FIVE HUNDRED ELEVEN THOUSAND AND N01100 - -- = Dollars ($3,511,000.00 _), 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 • • Page 12 Faithful Performance Bond (Continued) 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 8th day of February , 19 85 Appr�ed as to form.: r � City Attorney VALLEY ENGINEERS, INC. _(Seal) Name q_f,�ontractgr rincipal) THOMAS R. FLYNN zed Siglfiature and Title PRESIDENT Authorized Signature and Title THE AETNA CASUALTY AND SURETY COMPANY (Seal) Name of Surety Post Office Box 8090, Walnut Creek, CA 94596 Address of Surety By: �llilLuJG_u.lys Signature and Title of Authorized Agent Donna Ellis - -- Attorney —in —Fact Post Office Box 11004, San Francisco, CA 94101 Address of Agent (415) 777 -1115 Telephone No. of Agent � U � r v > � c J v O J ¢ a « T .. U 0 z o m v . m N a n m T w `o � N N M O •ii 6 ro � z � o� N tV �: C a I •ri � cc I O (n O T a N N C N o E o p u C J L T = O a c o � U c v v m - N v « c a C v 4`O m N N O O n C O a z g J a U O w r a r N 0 v ro C ro C ' r v , d 5' w r c 0 m 0 0 V v < a c r v U m •� E a o Fm p w ` _ = c E - E m m v m u O O u ro E G dro xti w a C Y = O � r U � E o J L W m N J L V � t m v L N LL r O � 6 - v t = m 3 i O UN Z O •L- 0 O u y v J J a_ a v7 O r T J O U 0 O u y v J J a_ a v7 • r • -, . THE /ETNA CASURAND SURETY COMPANY • Hartford, Connetlicuf 06116 LIFE 6 CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THATTHE ATNA CASUALTY AND SURETYCOMFANY, a corporation duly organised under the lawsof the State of Connecticut. and having Its principal office In the City of Hartford, County of Hartford. State of Connecticut. hath made. conatituted and appointed, and does by than presents mob, consMt and appoint Joseph A. Wynne, R, E, Gregerson, S, R, Walsh or Donna Ellis — — of San Francisco, California , Itstrueaed lawful Anomay(s)-m- Fact, with full power and authority hereby conferred to sign, sxawts and acknowledge, at any plan whhln the United States. or, If the following line be filled In, within the area more deslg- neted , the following Instrumental: by his/her eWasignatus, and act, any and NI borhde. gptgn @anees, nntncb of Indemnity, and other writings obligatory in the nature of a bond. recognWna, or conditional undertaking, and any and of consent, Incidents thereto and to bind THE rETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized oNlo s of THE ATNA CASUALTY ANDSURETY COMPANY. and W the acts of saidAttornev(si -in -Fact, pursuant to the authority herein given, an hereby ratified and confirmed. This ppointment Is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effact: VOTED: That each of the following oNimrs: Chairman. Vin Chairman, President. Any Ficoutive Vice Pmaident Any Senior Vim President. Arty Vice President,AnVAUietant Vin Preaidant,Arty Swr ry,Any Atahtant Sacrstary,mayfmmtimeWtimoa ppoint Resident Vice Presidents, Resident AnimentSsc.ataries, Atorneys -ImFM, and Agenbtoact for and on behallof the Company and may giveony wch appointee such authorityes his mrtificata of authority may prescribe M sign with the Compsnys "" and wel with the Company's seal bends, recognizance,, contracts of indemnity, and other writings obligatory In the n r ursof a bond, escopnlaan e. or comditionai undertaking, andany of mid officers or the Board of Directors may at any time remove stay such appointor and covens the power and authority given him. VOTED: That any bond, rempnixnn. contract of Indemnity, or writing obligatory in the nature of a bond. recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) Signed by the Chairman, the Vice Chairman, the President, an Executive Viso President, a Senior Vin President, a Vin President an Assistant Vin President or by a Resident Vin President, pursuant to the power prescribed in the certificate of authority of such Resident Vlcefiresident. and duly attested and seated with the Company's sal by a Secretary or Assistant Secretary or by a Resident A sistant Swannery, pursuant to the power prescribed in thecertifiuts of authority of such Resident Assistant Secetary; or (b) duly executed (under mal, N required) by on or move Anorneya-in -Fact pursuant to the power prescribed in his or their certificate or certific rms of authority This Power of Attorney and Certiflmte of Authority Is signed and naiad by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE /ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and aHaa. VOTED: That the sign os, of each of the following pMkan: Chairman, Via Chairmen, President, Arty Executive Vice President. Any Senior Vim President, Am Vim President Any Assistant Vice Presidam,Any Secretary. Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of sbomN or to any contlama rdedng thando Napointlng Resident Vim Presidents, Resident Assistant Secretaries or Attorneys- in-Fac for purposes only of oxewfing and attestlnp bonds and undertaking, and other writings obligatory In the nature thereof, and am such power of attorney or corli fcate baying such faolmilsaignature ce facsimile ant shall to valid and binding upon the Company and any such power to executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with impact to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE .ETNA CASUALTY AND SURETY COMPANY has caused this insvument to be Signed by its Assistant Vice President , and its corporate seal to be hereto affixed this 22nd day of August -19 84 r,..... e ^„ THE fASU iD SllI1ETY COMPANY ll State of Connecticut ...w JA eph I.-Kiernan } es. Hartford Assistant Vice President County of Hartford 1 On this 22nd dry of August -19 84 , before me personally came JOSEPH P. KIERNAN to me known. who, being by me duty sworn, did deposits and say: that he/she is A ts taut Vice President Of THE ,ETNA CASUALTY AND SURETY COMPANY, the corporation dwilbed In and which execut :r90 above Instrument; that he /she knows the seal of mid corporation; that the seal affixed to the said instrument Is such corporate seal; and that he /she executed the mid Instrument on behalf of Me corporation by authority of his/her office under the Standing Resolutions thereof. sq 4`} .5 ,. ✓!� MY iNOe exrynes March 31, 1sB9 Notary Public CERTIFICATE Jolt M. Degnnn I, the undersigned, Secretary of THE ,ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attomey and Certfficsta of Authority remains In full form and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set foM in the certificate of Authority, are now in force. Signed and Seated at the Home Office of the Compeny, In the City of Hartford, State cc Wd a(pd this day of February 8 85. `•., f, Vincent A. Walsh, Secretary • • Page 16 CONTRACT THIS AGREEMENT, entered into this�&L day of Lam,. 19 , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and _ , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: UNIT 1 UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT 2441 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: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT 2441 Title of Project ntract 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 Three Million Five Hundred Eleven Thousand and No /100 W-3.511,000.00 ). 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) 0 • Page 17 (f) Plans and Special Provisions for UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT 2441 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. ATTEST: City Clerk CITY APPROVED AS TO FORM: r Y ENGINEERS,- INC. C ty Attorney Co r THOMAS R. FLYNN S PRESIDENT By Its CONTRACTOR r . ' ' ', •CERTIFICATE OF INSURANCE a Page 13 x City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED A INSURANCE COMPANIES AFFORDING COVERAGES Company A Letter THE CONTINENTAL INSURANCE CO. company B Letter TWIN CITY INSURANCE COMPANY Company G (CROUSE & ASSOCIATES) 0 E -his is to certify that policies of insurance listed below have been issued to the insured named :bove and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the - Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: _ V,�� „�a �� /� r /%/ Agency: JOSEPH A. WYNNE AGENCY hthofi��tese ative 2/6/ Date Issue 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: UNIT I UPPER NEWPORT BAY SEDIMENT R D Project Title and Contract Number CONTRACT PRICE: $3,511,000. 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. Policy LIMITS OF LIABILITY IN THOUSANDS 000 Ag.Product _:OMPANY TYPES OF INSURANCE Policy x62x. ETTER COVERAGE REQUIRED No. xdia a Each Completed Period Occurrence Operations A GENERAL LIABILITY x Comprehensive Form x Premises - Operations LlBI6681 7 -1 -84 jo 7 -1 -85 Bodily Injury Property Damage $500 $250 $500 $250 x Explosion & Collapse Hazard x Underground Hazard _ x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage X Independent Contractors X Personal Injury Marine Personal Injury $500 Aviation AUTOMOTIVE LIABILITY A rxj Comprehensive Form LE 816681 7 -1 -84 IoBodily 7 -1 -85 Injury (Each Person) $ Fx Owned $ Bodily Injury (Each Occurrence Ox Hired Property ama e Q Non -owned / Bodily Injury and Property Damage Combined $boo - B EXCESS LIABILITY ® Umbrella Form TXL Other than Umbrella Form 110997 7 -1 -84 110 7 -1 -85 Bodily Injury and Property Damage Combined $5,000 $ 5,000 WORKERS' COMPENSATION Statutor A and EMPLOYER'S LIABILITY We t 11695 7-1 -84 7 -1 -85 Statutory ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the - Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: _ V,�� „�a �� /� r /%/ Agency: JOSEPH A. WYNNE AGENCY hthofi��tese ative 2/6/ Date Issue 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: UNIT I UPPER NEWPORT BAY SEDIMENT R D Project Title and Contract Number CONTRACT PRICE: $3,511,000. 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. `: • CITY OF NEWPORT BEACH J AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 14 It is agreed that: 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 State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor,Beaches and Parks District; County of Orange; Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; their officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and r:o other insurance maintained by the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; County of Orange; *Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; their officers and employees will be called upon to contribute with insurance provided by this policy. *ORANGE COUNTY FLOOD CONTROL DISTRICT 2. The policy includes the following provisions: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (x ) Single Limit Bodily Injury Liability $ 600,000. each occurrence and Property Damage Liability Combined 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. 5. Designated Contract: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT Project Title and Contract No. (C -2441) This endorsement if effective 2/6/85 at 12:01 a.m. and forms a part of Policy No. LBA 1816681 Named Insured VALLEY ENGINEERS, INC. Name of Insurance Company CONTINENTAL INSURANCE COMPANY By "REVISED" 2 -19 -85 ndorsement H A. WYNNE AGENCY ve Page 15 CITY OF NEWPORT BEACH COMPREHE�IVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; County of Orange; Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; 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 insured in connection with the contract designated below or acts and omis- sions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insureds shall apply as primary insurance and no other insurance maintained by the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; County of Orange; *Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; their officers and employees will be called upon to contribute with insurance provided by this policy. *ORANGE COUNTY FLOOD CONTROL DISTRICT 2. The policy includes the following provisions: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; County of Orange;* Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; their officers and employees. *ORANGE COUNTY FLOOD CONTROL DISTRICT 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" haxards) 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 Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. (x) Multiple Limits Bodily Injury Liability $ 500,000. each occurrence Property Damage Liability $ 250,000. each occurrence ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive 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: Pulbic Works Department. 7. Designated Contract: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT Project Title and Contract No. (C -2441) This endorsement is effective No. L 1816681 2/6/85 Named Insured VALLEY ENGINEERS, INC. at 12:01 a.m. and forms a part of Policy Name of Insurance Company CONTINENTAL INSURANCE COMPANY "REVISED" 2 -19 -85 M ve �yce ' CERTIFICATE OF INSURANCE !— Page 13 RTIFICATE HOLDER INSURANCE COMPANIES AFFORDING COVERAGES City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED VALLEY LUGMEERS, I11C. P. 0. Box 12M Fresno, CA 53777 Company A Letter THE CONTINENTAL INSURANCE CO. Lompany B Letter Company C Letter Company D Letter Company E Letter TWIN CITY INSURANCE COMPANY (CROUSE & ASSOCIATES) 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). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the. Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: JOSEPH A. WYNNE AGENCY Authorized Representative 2/6/85 Date Issue. Description of operations /locations /vehicles: All operations tperfoorrmL7edd for the City of Newport Beach by or on behalf of the named insured > L(_ �or(rc�0iitilOt�ePROJEGT+1'092c ignated contract: UNIT I BPPER NEWPORT BAY SEOIMEtiT cOt.'Ix0 L� 1 CONTRACT PRICE: $3,511,000. Project Title and Contract Number 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. Policy LIMITS OF LIABILITY IN THOUSANDS (001 COMPANY TYPES OF INSURANCE Policy fxpx Ag.Prol LETTER COVERAGE REQUIRED No. BAtex Each Comple- Perioa Occurrence Opera_t__ GENERAL LIABILITY 7-1-84 t3 Bodily Injury $500 $500 A Form Premises - Operations 1816681 7 -1 -85 Property Damage $ 250 $250 Explosion & Collapse Hazard Ix Underground Hazard xComprehensive Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage x Independent Contractors - x Personal Injury Marine Personal Injury $ 500 Aviation / AUTOMOTIVE LIABILITY A ]x Comprehensive Form [ EA 1816 1 -84 Bodily Injury $ 7 -1 -e5 7 (Each Person ) Bodily Iry ❑x Owned $ Each Occurrence) / ❑x Hired Pro erty Damage Bodily Injury and ❑x Non -owned Property Damage Combined $600 EXCESS LIABILITY 7 -1 -84 to E Q Umbrella Form 9xU 11099 Bodily Injury ❑ Other than Umbrella Form 7 -1 -85 and Property Damage Combined $5,000 J$5,000 WORKERS' COMPENSATION 7 -1 -aa Statutory / /f, and ac-h A EMPLOYER'S LIABILITY 2911695 7 -1 -85 tatutory ACcide NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the. Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: JOSEPH A. WYNNE AGENCY Authorized Representative 2/6/85 Date Issue. Description of operations /locations /vehicles: All operations tperfoorrmL7edd for the City of Newport Beach by or on behalf of the named insured > L(_ �or(rc�0iitilOt�ePROJEGT+1'092c ignated contract: UNIT I BPPER NEWPORT BAY SEOIMEtiT cOt.'Ix0 L� 1 CONTRACT PRICE: $3,511,000. Project Title and Contract Number 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. . • Page 14 i CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor,Beaches and Parks District; County of Orange; Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; their officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance e ;aanded by t ;s endorserae t to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; County of Orange; Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; their officers and employees will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provisions: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ Property Damage Liability (X ) Single Limit EXCESS Bodily Injury Liability and Property Damage Liability Combined each occurrence $ each occurrence $ 5,000,000. each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: UNIT I. UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT Project Title and Contract No. This endorsement if effective No. TXU 110997 2/6/85 at 12:01 a.m. and forms a part of Policy Named Insured VALLEY ENGINEERS, INC. Endorsement No. Name of Insurance Company TWIN CITY INSURANCE COMPANY By Authorized Representative JOSEPH A. WYNNE AGENCY 9 • CITY OF NEWPORT BEACH Page 15 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; County of Orange; Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; 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 insured in connection with the contract designated below or acts and omis- sions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insureds shall apply as primary insurance and no other insurance maintained by the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; Cn mty of O ^ange; Port of Long Cadui; J. ,. Peters CueNdny; Boyle Engineering Corporation and their consultants; their officers and em, ployees will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provisions: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach; The Irvine Company; the State of California; the California State Coastal Conservancy; the California Department of Fish and Game; the City of Irvine; Orange County Harbor, Beaches and Parks District; County of Orange; Port of Long Beach; J. M. Peters Company; Boyle Engineering Corporation and their consultants; 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" haxards) 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 Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (x ) Single Limit EXCESS Bodily Injury Liability and Property Damage Liability Combined $ each occurrence 5,000,000. each occurrence each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive 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: Pulbic Works Department. 7. Designated Contract: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT Project Title and Contract No. This endorsement is effective2 /6/85 No. TXU 110997 Named Insured VALLEY ENGINEERS, INC. at 12:01 a.m. and forms a part of Policy Endorsement No.. Name of Insurance Company TWIN CITY INSURANCE COMPANY By rAdthorized Representative JOSEPH A. WYNNE AGENCY S.F. FORM. ENDORSEMENT FORM 199 -EZ (Nov. 1957) Of T[[ AtTA [wEt T[ FOi1CY w[ .............. CE c."." OC 2/7/85 PA "'R' WC 2911695 THE CONTINENTAL INSURANCE COMPANY s° r .0 C`C,, .40 .,c C T l VALLEY ENGINEERS, INC. sc`` ' IIMAYRED s wAwu r F E F.E•. `r F c` _ _ AG[NCY AT ❑ }f4 KFO SAN FRANCISCO, CA. ❑ ❑ ❑ ❑ .__ _ JOSEPH A. WYNNE AGENCY worwt COMMENCEMENT OF POLICY EXPIRATION OE POLICY EFFECTIVE DATE OF TNI5 ENDORSEMENT 7 -1 -84 7 -1 -85 2/6/85 .MOUNT DE INSVRANCE PERILS OLD RATE NEM RATE •ODITIONIL PREMIVN RETURN PREMIVM FIVE ttF IT IS HEREBY UNDERSTOOD AND AGREED THAT THE OC T C ` s° r .0 C`C,, .40 .,c C T l ic``.+ sc`` . E 6 c E r F E F.E•. `r F c` `r:: Ec O I D C 2. t Acs ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IS CORRECTED OR CHANGED TO READ AS FOLLOb1'S WORKERS' COMPENSATION WAIVER OF SUBROGATION IT IS AGREED THAT WITH RESPECT TO SUCH INSURANCE AS IS AFFORDED BY THE POLICY, THE COMPANY WAIVES ANY RIGHT OF SUBROGATION IT MAY ACQUIRE AGAINST THE CITY OF NEWPORT BEACH; THE IRVINE COMPANY; THE CALIFORNIA STATE COASTAL CONSERVANCY; J.M. PETERS COMPANYI THE STATE OF CALIFORNIA; CALIFORNIA DEPARTMENT OF FISH AND GAME: CITY OF IRVINE: ORANGE COUNTY HARBORS, BEACHES, AND PARKS DISTRICT; COUNTY OF ORANGE; PORT OF LONG BEACH; AND BOYLE ENGINEERING CORPORATION, ThEIR OFFICERS AND EMPLOYEES BY REASON OF ANY PAYMENT MADE ON ACCOUNT OF INJURY IN- CLUDING DEATH RESULTING THEREFROM SUSTAINED BY ANY EMPLOYEE OF THE INSURED. J 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT CONTRACT NO. 2441 Section Page I Scope of Work . . . . . . . . . . . . . . . . . SP -1 II Completion, Schedule, and Prosecution of the Work . . . . . . . . . . . . . . . . . . . . . SP -1 III Possible Project Modifications and Award of Contract . . . . . . . . . . . . . . . SP -2 IV Measurement and Payment . . . . . . . . . . . . SP -3 V Definitions . . . . . . . . . . . . . . . . . . SP -4 VI Controls /Guidelines for Work in Upper Newport Bay . . . . . . . . . . . . . . . . . . . . . . SP -5 VII Permits and Licenses . . . . . . . . . . . . . SP -6 VIII Bonds . . . . . . . . . . . . . . . . . . . . . SP -6 IX Project Site Maintenance . . . . . . . . . . . SP -6 X Safety . . . . . . . . . . . . . . . . . . . . SP -6 XI Existing Drawings and Soils Report . . . . . . SP -6 XII Workers' Compensation Insurance . . . . . . . . SP -7 XIII Indemnification . . . . . . . . . . . . . . . . SP -7 XIV Fair Employment Practices . . . . . . . . . . . SP -7 XV Contractor's Records . . . . . . . . . . . . . SP -8 XVI Construction Survey Control . . . . . . . . . . SP -8 Index - 1 INDEX - Continued XVII XVIII XIX APPENDIX 1 2 3 4 5 • s Disposal of Excavated Material . Wildlife Habitat . . . . . . . . Pre -Bid Conference . . . . . . . California Coastal Zone Permit No. 5 -84 -560 California Regional Water Quality Control Board Order No. 84 -101, NPDES No. CA 8000037 U.S. Army Corps of Engineers Permit (To be provided by City) County of Orange EMA Special Provisions (Sample) Site Plan Page SP -8 SP -8 SP -9 Index - 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT 1983 -84 CONTRACT NO. 2441 SCOPE OF WORK The work to be done under this Contract includes excavation of a sedimentation control basin and channel within Upper Newport Bay and disposal of excavated material. The City has a limited budget for this Contract. Consequently, after assessment of the bids, the scope of work may be modified to conform to the budget. The Contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing M- 5243 -5), the City's Standard Special Provisions and Standard Drawings, 1982 edition, and the City's Standard Specifications. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1982 edition an 19 3 and 1984 supplements hereinafter referred to as the Standard Specifications). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased from the Public Works Department at a cost of $5. The City's Standard Specifications, Standard Special Provisions, and Standard Drawings are included in the contract documents for said project by this reference. II COMPLETION, SCHEDULE, AND PROSECUTION OF THE WORK The award, if made, will be within 75 days after the opening of bids. All work included in the Contract shall be completed within 365 consecutive calendar days from the date the City awards the Contract. No additional time will be allowed due to wet weather conditions that occur between the award of the contract and April 15, 1985. SP -1 0 0 The Contractor shall submit a complete construction plan and schedule for review by the Engineer within two weeks after award of the Contract. Included shall be his plan and schedule for compliance with the conditions of the Water Quality Control Board permit. Approval of these proposed Plans and schedules shall be required prior to issuance of the Notice To Proceed. The Contractor's schedule shall consider the phasing of the work, potential wet weather delays, access, and limitation on hours of construction. A. Hours of construction for land -based equipment are limited to the following times: Monday through Friday -- 7:00 a.m. to 6:30 p.m. Saturday -- 8:00 a.m, to 6:00 p.m. B. The Contractor may operate a hydraulic dredge 24 hours per day, seven days per week, provided the dredge and supporting equipment, such as pumps, generators, and other noise - emitting equipment, are located and noise controlled so that the noise emission from such equipment does not exceed 65 decibels at 100 feet. C. Excavated material stockpiled within the limits of Upper Newport Bay shall be removed at least 12 hours in advance of possible flood flows. D. Upper Newport Bay is used as a nesting area for the California least tern and the belding savannah sparrow; both are endangered species. Nesting within the project area by either of these species will require an interruption in the work in the area where nesting is occurring. The probable nesting area is shown on the plans. The normal nesting period is between April 15 and July 15. If the work interruption in the nesting area delays completion of the work, the Contractor will be entitled to a time extension for the delay. III POSSIBLE PROJECT MODIFICATIONS AND AWARD OF CONTRACT A. Alternate "A" Bid Items No. 1 through No. 4 comprise the Unit I Upper Newport Bay Sediment Control and Restoration Project. The available budget for the project (Alternate "A") is $3,244,000. Alternate "B" Bid Items No. 1 through No. 5 include all of the Alternate "A" project plus the basin north of Reach C (Bid Item No. 5) and 17,000 additional cubic yards of excavation in Reach C (Bid Item No. 3) . The estimated project cost for Alternate "B" is $3,511,000. The City reserves the right to award the contract for either Alternate "A" or Alternate "B" regardless of price. SP -2 0 0 B. The available budget for the project is fixed. In the event that the low bid is either above or below the budgeted funds for the project and the City desires to award the contract, award of contrac': will be made by adjusting the quantity of excavation. The low bid will be determined by extending the unit prices as bid times the adjusted quantities and calculating new totals as follows: 1. Bid amount in excess of project funds: (First) - Shorten Reach A by moving the beginning project station from Station 10 +70 to some point northerly thereof. Only Bid Item No. 1 is reduced so that low bid matches available project funds. If this does not reduce project cost to available project funds, proceed to second step below. (Second) - Decrease the surface area and /or depth of excavation in Reach C. Bid Item No. 1 is deleted entirely and Bid Item No. 3 is reduced so that low bid matches available project funds. 2. Bid amount less than project funds: Increase depth and /or surface area of Reach C. Only Bid Item No. 3 is increased so that the low bid matches the available project funds. It is the City's intention to award a contract which will provide for the greatest amount of excavation at the available project budget. IV MEASUREMENT AND PAYMENT The total price bid for the work shall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complete the work. Compensation for work shown on the Plans or described in the Specifications but not separately provided for in the Bid Proposal shall be included in the total price bid. Measurement for payment of quantities of mass excavation shall be based on monthly estimates prepared by the Owner's Representative; however, no payment will be made for excavation extending below the limits of excavation shown on the Plans. The monthly quantity estimates will be based on surveyed sections. Volumes will be calculated by the average end area method. Material stockpiled within the project limits will not be included for payment. In the event of flooding caused by nature (during or immediately following a rainstorm which causes the Contractor's work to be suspended) during the course of the prosecution of this Contract, the following shall apply: SP -3 0 • A. Additional mass excavation, as determined from measurements by the Owner's Representative, may be required at the sole option of the City. Payment shall be based upon the unit bid price for mass excavation for the particular reach. B. The Contractor shall keep himself sufficiently informed of weather conditions to enable the removal of his equipment and personnel from the flood path. Protection of equipment and personnel from damage shall be included in unit prices bid, and no additional compensation will be allowed. C. Partial or complete reconstruction of temporary cofferdams, diversions, levees, construction roads, or other nonpay items that are necessitated by such a flood shall be completed at no extra cost to the City. EFINITIONS PART 1 - General Provisions of the Standard Specifications A. SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS. AND SYMBOLS 1 -2 Definitions ADD THE FOLLOWING DEFINITION: Consulting Engineer - Boyle Engineering Corporation and its subsidiaries. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 -3 Liability Insurance The word Agency in Subsection 7 -3 shall mean "the City of Newport Beach; The Irvine Company; the California State Coastal Conservancy; J. M. Peters 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; Port of Long Beach; and Boyle Engineering Corporation and their consultants." 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. The liability insurance coverage shall be amended to provide the following minimum limits: SP -4 VI A 0 Bodily Injury .... $500,000 $2,000,000 $1,000,00 each person each occurrence aggregate products and completed operations Property Damage..$500,000 each occurrence $1,000,000 aggregate Combined........ A combined single limit policy with aggregate limits in the amount of $5,000,000 will be considered equivalent to the required minimum limits. NTROLS /GUIDELINES FOR WORK IN UPPER NEWPORT BAY Contractor shall not use any existing public roadway for construction traffic without prior written approval of the City of Newport Beach. B. At no time shall the Contractor allow any equipment or personnel within Upper Newport Bay outside of an imaginary line located 50 feet laterally from the limits of mass excavation, as shown on the Plan, without prior written permission from the City. C. Should Contractor propose to construct cofferdams, construction roads, or levees using borrow to be obtained outside of the limits of mass excavation as shown on the Plan, he shall in advance submit plans and schedule to the City for review and approval. D. Contractor may utilize San Diego Creek Channel for access from Upper Newport Bay to the disposal sites and shall obtain a permit from the OCEMA for this purpose. Contractor may cross the existing levee adjacent to Site 1, subject to the conditions of the OCEMA permit. E. Contractor may, at his option, lower, remove, or cover portions of the existing paved bike trail under or near Jamboree Bridge for the purpose of gaining access to the disposal sites. Contractor shall avoid damage to the existing bridge, piers, and abutments and shall, at the end of the project, reconstruct the paved bike trail and levee to their original condition, to the satisfaction of the City. The bike path shall not be closed. Ramps, signing, etc., will be required to provide bike access during the project. During working hours, the Contractor shall provide a flagman at no cost to the City to regulate bike traffic. SP -5 ., E Contractor shall submit plans and schedule to the City for review within two weeks after award of Contract. F. All the area within the project limits may be used by the Contractor as a temporary dewatering area for excavated material provided the return water is isolated from the tidal flow and flow from San Diego Creek. Return water to either the tidal flow or San Diego Creek flow shall conform to requirements of the California Water Quality Control Board permit for this project. VII PERMITS AND LICENSES The Contractor shall purchase a valid City of Newport Beach business license. The City has obtained permits from the California Regional Water Quality Control Board, Santa Ana Region; U.S. Army Corps of Engineers; and California Coastal Zone Commission. The Contractor's work shall conform to the permit requirements; copies are included in the Appendix for reference. The Contractor shall obtain a permit for the use of the San Diego Creek Channel from the OCEMA. VIII BONDS A payment bond and faithful performance bond for 100% of the estimated amount of the Contract will be required. IX PROJECT SITE MAINTENANCE The Contractor shall provide project site maintenance in compliance with Part 1, Subsection 7 -8 "Project Site Maintenance" of the Standard Specifications. X SAFETY In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all state, federal, and other laws, rules, regulations, and orders relating to safety of the public and workers. XI EXISTING DRAWINGS AND SOILS REPORT Existing construction drawings and the soils report prepared by Moore and Taber are on file in the Public Works Department offices, City of Newport Beach, and may be examined by all bidders. SP -6 0 XII WORKERS' COMPENSATION INSURANCE 0 In addition to the requirements specified in Subsection 7 -4, "Workers' Compensation Insurance," of the Standard Specifications, the Contractor shall provide an endorsement to the certificate of insurance on the forms provided waiving any right of subrogation it may acquire against the City of Newport Beach; The Irvine Company; the California State Coastal Conservancy; J. M. Peters Company; the State of California; California Department of Fish and Game; City of Irvine; Orange County Harbors, Beaches, and Parks District; County of Orange; Port of Long Beach; and Boyle Engineering Corporation, 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. XIII INDEMNIFICATION In addition to the indemnification requirements in Subsection 7 -3 of the Standard Specifications, the following shall apply: In any and all claims against the indemnified parties by any employee of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation in Subsection 7 -3 of the Standard Specifications shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any subcontractor, or any supplier or other person under workers' compensation acts, disability benefit acts, or other employee acts. The indemnity obligations of the Contractor in Subsection 7 -3 of the Standard Specifications shall not extend to the liability of the Consulting Engineer, their directors, officers, employees, and agents arising out of or resulting 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. XIV FAIR EMPLOYMENT PRACTICES The Contractor shall conform to the requirements outlined in the "Fair Employment Practices Addendum" contained in the appendix of this specification. SP -7 • XV CONTRACTOR'S RECORDS The Contractor shall maintain books, records, and documents in accordance with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project or the final audit (whichever is later); during this time, the material shall be made available to the City or its representative. Suitable facilities are to be provided for access, inspection, and copying of this material. XVI CONSTRUCTION SURVEY CONTROL The City will provide one set each of the following construction survey controls at no charge to the Contractor: One cut /fill stake at ground surface on appropriate offset at the top or toe of the slope at intervals to be determined by the City with the necessary construction data marked thereon. Such surveys shall constitute instructions from the City, and the Contractor shall not proceed with the work until construction stakes have been provided. The Contractor shall notify the City in writing two working days in advance of the time needed stating the location of any desired construction staking. XVII DISPOSAL OF EXCAVATED MATERIAL It is the Contractor's responsibility to dispose of all excavated material outside the project limits at locations of his choosing in accordance with requirements of agencies having jurisdiction. The Contractor shall obtain all necessary permits and property owner approvals required for the lawful disposal or placement of the excavated material. All costs associated with hauling and disposal of excavated material shall be included in the prices bid for excavation for the various reaches. The Irvine Company has two sites shown on the attached site plan which are in close proximity of the project. They have indicated that these sites have sufficient capacity for disposal of all project excavated material. For specific terms and conditions for disposal of excavated material on The Irvine Company sites, the Contractor should contact Mr. Robert Zeibak at (714) 720 -2822. XVIII WILDLIFE HABITAT A. The Contractor shall place 1 foot of compacted select material above the 5.0 -foot contour on the two islands XIX 9 0 that will remain. Prior to placement of select material, all vegetation above the 5.0 -foot contour shall be removed. Material shall be placed uncompacted as directed by the Engineer. The Contractor shall obtain select material from a stockpile area adjacent to San Diego Creek, easterly of Jamboree Road. The unit price bid for placement of select material shall include all costs of cleaning, loading, hauling, and placing. B. Placement of select material provided for in Section XVIII -A shall be completed on the existing island that is to remain prior to April 1. No work will be allowed within 200 feet of this island between April 1st and August 1st. C. Excavation of the channel within Reach A will not be permitted between March 15th and August 1st unless excavation in this area has begun before March 10th. D. At the direction of the selected plant material Contractor and stockpiled project site. Engineer, small quantities of shall be salvaged by the within or adjacent to the E. Construct mounds along the easterly side of channel and southerly side of the northerly basin as shown on the plans using excavated material. Mounds to be 50 feet long by 15 feet wide with 5 to 1 side slopes. Top of mound elevation to be 4.5 to 5.0 MSL after initial settlement. Remove vegetation prior to placement of material. PRE -BID CONFERENCE All interested bidders are invited to attend a Pre -Bid Conference scheduled for 10:00 a.m. December 19, 1984 in the City of Newport Beach Council Chambers located at 3300 West Newport Boulevard, Newport Beach, California. SP -9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RELOCATION PROJECT CONTRACT NO. 2441 APPENDIX Rc • State of California, George Deukmejian, Governor California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801 -1450 (213) 590 -5071 • September 28, 1984 COASTAL DEVELOPMENT PERMIT No. 5 -84 -560 Page 1 of 2 On 9/25/84 , the California Coastal Commission granted to Department of Fish & Game, The Irvine Co. & City of Newport Beach this permit for the development described below, subject to the attached Standard and Special conditions. Excavation of 740,000 cubic yards of sediment to restore intertidal habitats, expand and maintain sediment control facilities, and expand tidal habitats within the old saltworks located within the Upper Newport Bay Ecological Reserve. Location: Upper Newport Bay Ecological Reserve Newport Beach, CA Issued on behalf of the California Coastal Commii6i+n by Michael L. Fischer Executive Director and aF�4— • L a4AL -. - /sws Staff Analyst ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee N, i1 ,.. ogkl Michael L. Fischer Executive Director and aF�4— • L a4AL -. - /sws Staff Analyst ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee Coastal Development Permit No. Page 2 STANDARD CONDITIONS: 5 -84 -560 0 I. Ibtice of Receipt and Acknowledgaaknt. The permit 1s not wild and construction shall not commence until a copy of Vi prefl gn��y permitwe or authorized agent, acknowledging receipt of the permit and acceptance of the tern and conditions, is returned to the Commission office. 2. Ex iration. If construction has not commenced, the permit will expire two years from the date on which the Commission �e application, Construction shall be pursued in a diligent manner and completed to 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 perm 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 Commdssion approval. 4. Inter re tatton. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the fission. 3. 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 my be assigned to any qualified person, provided assignee files with the Commission an a a v accepting all terms and conditions of the permit. 7. Terms and Conditions Ron with the Land. These ' terms and conditions shall be perpetual, and it is the intention of the Commission and permittee EF bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: None, 1.1- J3 California Regional Water Quality Control Board' Santa Ana Region ORDER NO. 84 -101 NPDES No. CA 8000037 Waste Discharge Requirements for California Department of Fish and Came Upper Newport Bay Dredging Orange County The California Regional Water Quality Control Board, Santa Ana Region (here- inafter Board), finds that: 1. The California Department of Fish and Came (hereinafter discharger) has proposed to conduct dredging of Upper Newport Bay in the Upper Newport Bay Ecological Reserve. 2. The discharger proposes to hydraulically dredge approximately 740,000 cubic yards (565,765 cubic meters) of sediment to restore wetland habitat, to increase the Upper Bay's tidal prism, and to improve the natural resources of the Ecological Reserve. 3. The dredge spoil will be deposited on a site located between Jamboree Road and MacArthur Boulevard, on the south side of San Diego Creek. Approxi- mately 50 acres will be used for spoil deposition. The clarified waste- water will be discharged to Upper Newport Bay. 4. The discharger, by Application No. CA 8000037 dated July.12, 1984, has applied for a National Pollutant Discharge Elimination System permit for the discharge of *clarified wastewater to Newport Bay. 5. 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. 6. The requirements contained in this order are necessary to implement the.,i'.._.a= Water Quality Control Plana 7. 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 In. Preservation of areas of special biological significance... S. Effluent limitations, national standards of performance, and toxic and pretreatment effluent standards established pursuant to Section 208(b), 301, 302, 303(d), 304, and 307 of the Federal Water Pollution Control Act and amendments thereto are applicable to the discharge. I1 under No. 84 -101 - co ucd • pa,;e ICajifornia Department o Fish and Game 9. The Regional Board finds that the project should not have significant environmental impacts on water quality if conducted within the require- ments and provisions of this order. This project represents a repeat of a previous dredging project by the Department in 1981. An Environ- mental Impact Report was prepared for the 1981 project and was commented on by this Board's staff. These comments were adequately responded to. 10. The Board has notified the discharger and interested agencies and persons of its intent to.prescribe waste discharge requirements for the proposed discharge and has provided them with an opportunity to submit their written views and recommendations. 11. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED that the discharger, in order to meet the provisions con- tained in Division 7 of the California Water Code and regulations adopted there- under and the provisions of the Federal Water Pollution Control Act and regulations and guidelines adopted thereunder, shall comply with the following: A. Effluent Limitations 1. The discharge of an effluent in excess of the following limits is prohibited: Constituents Suspended Solids Total Sulfides Chlorine Residual 30-Day Average Concentration 30 mg /l 0'.2 " Maximum Daily Concentration 45 mg /1 0.4 " 0.1 2. Neither the treatment nor the discharge of• wastewater shall create a nuisance or pollution, as defined in the California [dater Code. 3_ There shall be no discharge of dredge spoils or other earthen materials to Newport Bay.. The discharger shall provide a control plan to implement this requirement as part of the information required in... r Provision C.3. B. Receiving Water Limitations 1. The discharge shall not cause the dissolved oxygen in the receiving waters to be depressed below 5.0 mg /l, When natural D.O. concentrations are less than 5/0 mg /1, the discharge shall not cause a further.depression. 2. The discharge shall not cause the turbidity of the receiving water to be increased by more than twenty (20) percent. 3. This discharge shall not. cause a violation of any applicable water quality standard for receiving waters adopted by the Regional Board or the State Water Resources Control Board, as required by the Federal Water Pollution Control Act and regulations adopted thereunder. If more stringent appli- cable water quality standards are promulgated or approved pursuant to Section 303 of the Federal Water pollution Control Act, or amendments thereto, the Board will revise and modify this order in accordance with such more stringent standards. ;Order No. 84 -101, NPDES loo. CA 8000037 page 3 •California Department of Fish and Caine C. Provisions 1. The discharger shall comply with Monitoring and Reporting Program No. 84 -101, as ordered by the Executive Officer. 2. The discharger shall and Reporting Requir A.4., 11, 15, 16, E.I. and 2. 3. The discharger shall comply with the attached "Standard Provisions ements ", with the exception of the following items: and 18; C.1., 3, 4, 7, 8, and 9: D.2., 6, 7.b.: comply with the following: a. The Board shall be notified by the discharger regarding the date of startup of this project and the contractor selected at least 30 days prior to commencement of the project. b. The discharger or contractor shall provide all necessary infor- mation regarding the design of the necessary pollution control facilities at least 15 days prior to commencement of the project for Board review and approcal. Startup shall not begin until approval is received. c_ At least 72 hours prior to any dredging startup, the Board shall be notified so that pollution control facilities may be inspected for conformance with plans previously approved. 4. This order expires September 1, 1986. 5. This order shall serve as a National Pollutant Discharge Elimination System permit pursuant to Section 402 of the Federal [Water Pollution Control Act or amendments thereto and shall become effective 10 days after date of its adoption provided the Regional Administrator, Environmental Protection Agency, has no objection. If the Regional Administrator objects to its issuance, the permit shall not become effective until suth objection is withdrawtrr' 6. Within one year of completion of dredging the discharger shall: a. Remove all dredge spoil from the disposal site; or b. Submit to the Regional Board for approval and after approval by the Executive Officer, implement a plan to effectively preclude the return of the dredge spoil to Newport Bay. I, James W. Anderson, 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 September 14, 1984. 3AMES W. ANDERSON Executive Officer CALIFORNIA REGIONAL WA1'F.1; QUALM CONTROL VOARD SANTA ANA RLCTO-N September 14, 1984 STANDARD PROVISTONS AND REPORTING REQUIRE-IENTS A. General Provisions l.' The requirements prescribed herein do not authorize the commission of any act causing injury to the property of another, nor protect. the discharger from his liabilities under federal, state, or local laws, nor guarantee the discharger a capacity right in the receiving waters_ 2. The discharger shall permit the Regional Board and the Environmental Protection Agency: a. Entry upon premises in which an effluent source is located or in which any required records are kept; b. Access to copy any records required to be kept under terms and conditions of this order, C. Inspection of monitoring equipment or records; and �. Collected screening, sludges, and other. solids removed from liquid wastes shall be disposed of in the manner approved by the Executive officer of the Regional Board. 7. After notice and opportunity for a hearing, this order may be terminated or modified for cause, including, but not limited to: -4- d. Sampling of any discharge_ 3. All discharges authorized by this order shall be consistent with the terms and conditions of this order. The discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by this order shall constitute a. violation of the terms and conditions of this order. 4.. The dischargers wastewater treatment plant shall be supervised and . operated by persons - possessing certificates of appropriate grade • pursuant to Chapter 3, Subchapter 14, Title 23, California Adminis- trative Code_ S. The discharger shall maintain in good working order and operate as efficiently as possible any facility or control system installed by the discharger-to achieve compliance with the waste discharge requirements. �. Collected screening, sludges, and other. solids removed from liquid wastes shall be disposed of in the manner approved by the Executive officer of the Regional Board. 7. After notice and opportunity for a hearing, this order may be terminated or modified for cause, including, but not limited to: -4- 17 a. Ylot.at L.,�n of any term or CUMILt Wn CUatatneLL order; b. Obtaining this order by misrepresentat• , or failure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 8, If a toxic effluent standard or prohibition (including any schedule of compliance specified in such cEflueat standard or prohibition) is established under Section 307(a) of the Federal Water Pollution Control Act, or amendments thereto, for a tonic pollutant which is present in the discharge authorized herein and such standard or prohibition is more stringent than any limitation upon such pollutant in this order, the Board will revise or modify this order in accordance with such toxic effluent standard or prohibition and so notify the discharger. 9. If more stringent applicable water quality standards are approved pursuant to Section 303 of the Federal [dater Pollution Control Act, or amendments thereto, the Board will revise and modify this order in accordance with such more stringent standards_ I0. The provisions of this order are severable, and if any provision of this order, or the application of any provision of this order, or the application of any provisions of this order to any circumstance, is held invalid, the application of such provision to other circum- stances, and the remainder of this order shall not be affected thereby. 11. Safeguard to electric power failure: a. The discharger shall, within ninety (90) days of the effective date of this permit, submit to the Regional Board and the Regional Administrator a description of the existing safeguards provided to assure that, should there be reduction, loss, or failure of electric power, the discharger shall comply with the terms and conditions of this order. Such safeguards may include alternate power sources, standby generators, retention capacity,—Operating procedures, or other means. A description of the safeguards provided shall include an analysis of the frequency, duration, and impact of power failures experienced over the past five years on effluent quality and on the capa- bility of the discharger to comply with the terms and condi- tions of the order. The adequacy of the safeguards is subject to the approval of the Regional Board. b. Should the treatment works not include safeguards against reduction, loss, or failure of electric power, or, should the Regional Board not approve the existing safeguards, the discharger shall, within ninety (90) days of the effective date of this order or within ninety (90) days of having been advised by the Regional Board that the existing safeguards are icac'equate, provide to the Regional Ronrd and the Regional Administrator a schedule of compliance For providing safe ,"uards such that in the event of reduction, loss, or Failure of electric power, the permittee, shall comply with the terns and conditions of this permit. The schedule of compliance shall, upon approval of the Re,;icnal Board, become a condition of this order. -5- 12.' Any diversion from or hypoL;s of facnitiies ncces::ary to maintain compliance with the terms and conditions of this order in prohibited, except (n) where unavoidable to prevent loss of life or severe property damage, or (b) where excessive storm drainage or runoff ._. would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this order. The discharger shall promptly notify the Board and the Regional Administrator of EPA within 24 hours of each such diversion or bypass. 13. Except for data determined to be confidential under Section 308 of the Federal Water Pollution Control Act, all reports prepared in accordance with terms of this order shall be available for public inspection at the offices of the Regional Water Quality Control Board and the Regional Administrator of EPA. As required by the Federal Water Pollution Control Act, effluent data shall not be considered confidential_ Knowingly making any false statements on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Section, 13387 of the California Water Code_ 14. The discharger shall take all reasonable steps to minimize any adverse-impact to receiving waters resulting from noncompliance with any effluent limitations specified in this order, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 15. in the event of any change in control or ownership of land or waste discharge facility presently aimed or controlled by the discharger, the discharger shall notify the succeeding owner or operator of the. existence of this order by letter, a copy of which shall be forwarded to this Board. 16. The discharger shall ensure compliance with any existing or future pretreatment standard promol gated by EPA under Section 307 of the Federal Water Pollution Control Act or amendments thereto for any discharge to the municipal system , 1T- The discharge of any radiological, chemical, or biological warfare, agent or high level radialogica.l waste is prohibited. 18.. The discharger shall require each industrial user to submit periodic.'x. t. notice (over intervals not to exceed nine months) of progress toward compliance with applicable toxic and pretreatment starrdards developed pursuant to the Federal Water Pollution Control Act or amendments thereto. The discharger shall forward a copy of such . notice to the Board and the Regional Administrator. B_ Provisions for Monito 1. Water quality analyses shall be performed in accordance with the "Environmental Protection A "ency Regulations on Test Procedures for the Analysis of Pollutants" promulgated by the U. S. Environmental Protection Agency_ ' 2. Chemical, bacteriological, and bioassay analyses shall he conducted at a laboratory certified for such analyses by the State Department of Health. ' 3. lite laboratory which perfo ms the sample an4aPyses must be identified in all monitoring; reports submitted to the Regional Board Executive Officer and the Regional Administrator (EPA). 4. Effluent samples shall be taken downstream of the last addition of waste to the treatment or discharge wnrks where a representative sample may be obtained prior to mixing with the receiving waters_ 5. All monitoring instruments and devices used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated as necessary to ensure their continued accuracy. C. General Reporting Requirements 1. The discharger shall submit to the Board on or before each compliance report date, a report detailing his compliance or noncompliance with the specific schedule date and task_ If noncompliance is being reported, the reasons for such noncompli- ance shall be stated plus an estimate of the date when the discharger will be in compliance_ The discharger shall notify the Board by letter when he has returned to compliance with the time schedule. 2. In the event the discharger does not comply or will be unable to comply with any prohibition, daily maximum effluent limitation, or receiving water limitation of this order for any reason, the discharger shall notify the Executive Officer by telephone (714)684 -4330 as soon as he or_his agents have knowledge of such noncompliance, and shall confirm this notification in writing within five days. The written notification shall. state the nature, time,. and cause of noncompliance and shall describe the measures being taken to prevent recurrences. 3. This Board requires the discharger to file with the Board within ninety (90) days after the effective date of this order a technical. .report on his - preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges and for minimizing Lite effect ` of such events.' The technical, report should: a. Identify the possible sources of accidental loss, untreated waste bypass, and contaminated drainage_ loading and stora .-e areas, power outage, waste treatment outage, and failure of process equipment, tanks, and pipes should be considered. b. Evaluate the effectiveness of present facilities and procedures and state when they became operational. Describe facilities and procedures needed for effective preventive and contingency plans. C. Predict the effectiveness of the proposed facilities and procedures and provide an implenentation schedule containin, interim and final dates when they will he constructed, imply mented, or operational. (Reference: Sactious 13267(h) and 13268, California Water COLIC'.) -7- M 1•h is nnsrd, after review of the techni 4 conditions which it deems necesrary to di::charges and to minimize the effects conditions may be incorporated as part notice to the discharger. 'a l CO of of report, may establish itrol accidental such events. such this order, upon 4. Monitoring reports shall be. submitted on roans to be supplied by the Board to the extent that the information reported may be entered on the forms. The results of all monitoring required by this order shall be reported to the Board, and shall be submitted in such a format ns to allow direct comparison with the limitations and requirements of this order. Unless otherwise specified, discharge flows shall be reported in terms of the 30 -day average and the daily maximum discharge flows_ . 5. The discharger shall file with the Board a report of waste discharge at least 120 days before making any material change or proposed change in the character, location, or volume of the discharge. b. The results of any analysis of samples taken more frequently than required at the locations specified in the Monitoring and Reporting Program shall be reported to the Board. _ 7. The discharger,shall file a written report with the Board within ninety (90) days after the average dry- weather waste flow for any month equals or exceeds 75 percent of the design capacity of his waste treatment and /or disposal facilities. The discharger's senior administrative officer shall sign a letter which transmits that report and certifies that.the policy - making body is adequately informed about it. The report shall include: a. Average daily flow for the month, the date on which the instantaneous peak flow occurred, the rate of that peak flow, and the total flow for the day.. b. The discharger's best estimate of when the average daily dry- weather flow rate will egih.3 or exceed the design capacity of his facilities.. C. The discharger's intended schedule for studies, desiga,.and other steps needed to provide additional capacity for his ° waste treatment and /or disposal facilities before the waste flow rate equals the capacity of present units. (Reference: Sections 13260, 13267(b), and 13268, California Water Code.) d. If required to have a source control program, the discharger shall send an annual report of the effectiveness of that program to the Regional Board's Executive Officer. This report is a part of the annual report due by January 30 under Reporting Requirements for llon:itoring - 2. Such report shall contain at least the information outlined in the State Water Resources Control Board's "Cuideliries for Determining the Effectiveness of Local Source Control Programs." 8. The di §charger shall notify the Board not later than 180 days in advance of implementation of any plans to alter production capacity of the product line of the manufacturing, producing, or procCssing a o -s- • facility by more than 10 percent. Such notification shall include estimate: of proposed production rate, the type of process, and projected effects un effluent quality. notification shall include submittal of a new report of waste dLreharge and appropriate filing fee. 9. The discharger shall notify the Board of (a) new introduction into such works of pollutants from a source which would be a new source, as defined in Section 306 of the Federal Water Pollution Control Act, or amendments thereto, if such source were dischar -.ing pollu- tants to the waters of the United States; (b) new introductions of pollutants into such works from a source which would be subject to Section 301 of the Federal Water Pollution Control Act, or amend- ments thereto, if it were discharging such pollutants to the waters of the United States; (c) a substantial change in the volume or character of pollutants being introduced into such works by a source introducing pollutants into such works at the time the waste discharge requirements were adopted_ notice shall include a description of the quantity and quality of pollutants and the impact of such change on the quantity and quality of effluent from such publicly owned treatment works. A substantial change in volume is considered an increase of 10 percent in the mean dry weather flow rate. The discharger shall forward a copy of such notice directly to the Regional Administrator. D. Reporting Requirements for Monitoring 1. For every item of monitoring data where the requirements are not met, the discharger shall submit a statement of the actions undertaken or . proposed which will bring the discharge into full compliance with requirements at the earliest time, and shall submit a timetable for such corrective actions. The discharger shall submit such informa- tion, in writing, within two weeks of becoming aware of noncompliance_ 2_ By January 30 of each year, the discharger shall submit an annual report to the Board- The report shall contain both tabular and graphical sumaaries.of, the monitoring. data obtained during the previous year. In addition, the 'discharger shall discuss the_ compliance record and the corrective actions taken or planned which'.,..,,._ may be needed to bring the discharge into full compliance with the waste discharge requirements. 3. The discharger shall maintain records of all sampling and analytical results, including strip charts; the date, exact place, and time of sampling; the analyst's name; analytical techniques used; and results of all analyses. Such records shall be retained for a minimum of three years. This period of retention shall be extended during the course of any unresolved litigation regarding this i discharge or when requested by the Board. Monitorin,, results shall be submitted on forms provided by the Board. 4. The discharger shall file with the Board technical reports on self- monitoring work performed according. to the detailed specifLca- tions contained in any Monitoring and BeportinS Program as directed by the Executive Officer. SM "l I 0 S. All reports : ;hall he signed by: a. In the cane of corporations, by a principal executive ofEicer at least of the level of vice president or bin duly .authorized representative, if Such representative is responsible for the overall operation of the facility from which the discharge originates; b. In the case of a partnersh:ip,'by a general partner; C. In the case of a sole proprietorship, by the proprietor; d. In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. 6. The discharger shall submit to the Board, by January 30 of each year; - an annual summary of the quantities of all chemicals listed by both trade and chemical names which are used for cooling and /or boiler water treatment and which are discharged. 7. The discharger shall mail a copy of each monitoring report on the appropriate form to be supplied by the Board and any other reports required by this order to: a. California Regional Water Quality Control Board Santa Ana Region 6809 Indiana Avenue, Suite 200 Riverside, CA 92506 -4298: b. A copy of such monitoring report-for those discharges- designated as a major discharge shall be mailed to: Regional Administrator Environmental Protection Agency Region IX, Attention: C —A —CM (11 -3 -1) 215 Fremont Street s _ San Francisco, CA 94105 E. Definitions J 1.' The daily discharge rate is obtained from the following calculation for any calendar day: 8.34 N Daily discharge rate (lbs /day) = N E Qi Ci 1 3.78 N Daily discharge rate (kg /day) = N E Qi Ci I in which N is the number of samples analyzed in any calendar day. Q• 1 and C- 1 are the flow rate (23:0) and the constituent concentration (mg /1) respectively, which art- associated with each of thr N grab rQco - —10— 9'. samples which may be taken in any calendar Ply. IF a composite sample is taken, Ci is the concentration measured in the compu::ite sample and Qi is the average flow rate occurring during the period over which samples are compooited. The daily concentration of all constituents stall he determined from the flow - weighted average of the same constituents in the combined waste streams as follows: 1 N Daily concentration = E Q C i Qt i =I i in which N is the number of component waste streams. Q and C- are the flow rate (MCD) and the constitute concentration (mg /1f, respectively, which are associated with each of the it waste streams. Qt is the total flow rate of the combined waste streams. 2. The "30 -day, or 7 -dap, average" discharge is the total discharge by weight during a 30, or 7, consecutive calendar day period, respec- tively, divided by the number of days in the period that the facility was discharging. Where less than daily sampling is required by this permit, the 30 -day, or 7 -day, average discharge shall be determined by the summation of all the measured discharges by weight divided by the number of days during the 30, or 7, consecutive calendar day period when the measurements were made. If fewer than four measurements are made during.a 30, or 7 -day, consecutive calendar day period, then compliance or noncompliance with the 30, or 7, day average discharge limitation shall not be determined. For other than 7 -day or 30-day periods, compliance shall be based upon the average of all measurements made during the specified period. If fewer than four measurements are made during the .period, compliance shall be based upoq the last four consecutive samples. 3. The "daily maximum" discharge means the total discharge by weight during any calendar day. 4. The "30 -day, or 7 -day, average' concentration, other than for fecal or total coliform bacteria, is the arithmetic mean of measurements made during, a 30, or 7, consecutive calendar any period, respec- tively. The "30 -day, or 7 -day, average" concentration for fecal or. total coliform bacteria is the geonetric mean of measurements made during a 30, or 7, consecutive calendar day period, respectively. The geometric mean is the nth root of the product of n numbers. If fewer than four measurements arc made during a 30, or 7, consecutive calendar day period, then compliance or noncompliance with the 30, or 7, day average concentration limitation shall not be determined. 5. The "maxi.mum daily" concentratioo is d"Fined OS the measurement made on any single grab sample or composite snn,plr. a 3 -11- 6. A "grab" sample is defined as any individual sample collected in less than 15 minutes. 7. A composite sample is defined as a combination of no fewo_r than eight individual samples obtained over the specified sanpling period. The volume of each individual sample shall be propor- tional to the discharge flow rate at the time of samplio�v. The compositing period small equal the specific sampling period, or 24 hours, if no period is specified. 8. An "industry" is defined as any facility identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: a. Divisiou A - Agriculture, Forestry, and fishing; b. Division B - Mining; C. Division D - Manufacturing; d. Division I - Services. A facility in the divisions listed may be excluded if it is deter- mined by the Board that it introduces primarily domestic wastes or wastes from sanitary conveniences. 9. "Prohibited wastes" are any of the following wastes which shall not be introduced into the treatment works: a. Wastes which create a fire or explosion hazard in the treatment works; b. Wastes which will cause corrosive structural damage to treatment works, but, in no case, wastes with a pH lower than 5.0 unless the works are designed to accommodate such wastes; c. Solid or viscous wastes in amounts which would cause obstruction to the flow in sewers or other interference with the proper operation of the treatment works; or v d. Wastes at a flow rate and /or pollutant discharge rate which is excessive-over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency. i�/ -12- J Californ.Regional Water Quality Controloard Santa Ana Region Monitoring and Reporting Program No. 84 -101 NPDES No. CA 8000037 for California Department of Fish and Came Upper Newport Bay Dredging, Orange County Effluent Monitoring This monitoring program shall be implemented with the initiation of the discharge. A sampling station shall be established for each point of discharge and shall be located where representative samples of that effluent can be obtained. The following shall constitute the effluent monitoring program: Minimum Frequency Constituents Units Tvve of Sample of Analvsis Chlorine Residual mg /1 Crab Weekly Total Sulfides " " It Suspended Solids Flow gallons Estimate " Receiving Water Monitoring A sampling station shall be designated in the field to represent the natural conditions in the receiving water. Two individual samples shall be taken weekly - one sample 50 feet downstream of the discharge point and one sample 250 feet upstream from the discharge point. The samples shall be collected at a depth of one foot below the surface at the lowest depth available during an outgoing tide during normal working hours. These samples shall be analyzed for dissolved oxygen. Measurements of water turbidity using a standardized turbidimeter shall also be made at the same time and location as the dissolved oxygen samples. Reporting The discharger shall implement the above monitoring program with the commence- ment of the discharge. Monitoring reports shall be submitted by the dates in the following schedule: Constituents Monitoring Period Report Due Effluent Monitoring Weekly, commencing Monday Friday of the following week Receiving Water Monitoring [Weekly Friday of the following week A record of the amount of material dredged each week and the total amount to date shall be submitted with the "Receiving Water Monitoring" report. If no discharge is made during a given week, a report stating this fact shall be submitted in lieu of the monitoring report. When the dredging project is completed, a report regarding proper storage of spoils materials shall be provided within 30 days of such completion. Included in this report shall be a schedule for proper use or removal of dredge spoils. -13- + -j[id' No. 84 -101, NPDGS CA 8000037 California Department of Fish and Came All reports shall be signed by a responsible officer or duly authorized employee of the California Department of Fish and Came and submitted under penalty of perjury. Ordered KMES W. ANDERSON Executive Officer September 14, 1984 ^ e 1 -14- w 10U'.7e OF ORANGE I* ENV IRONMENTAL MANAGEMENT AGENCY REGULATION /CENTRAL PERMIT DIVISION SPECIAL PROVISIONS Permit No. A. The county possesses limited rights in the area of this permit which may not be sufficient for permittee's purposes. Permittee acknowledges the limitations of county's rights and agrees to secure permission from any other owners required for exercise of rights permittee needs. B. Permittee shall deposit with the county a cashier's check in the amount of One Thousand Dollars ($1000) to assure compliance with the provisions of this permit. County shall refund the deposit to permittee upon completion of work and satisfactory restoration of county's facilities. Any costs incurred by county for restoration of county facilities or to obtain compliance with the permit provisions shall be deducted from said deposit. Permittee further agrees to pay county for any such costs exceeding required deposit. C. Permittee shall provide the county with verification of combined single limit insurance in the amount of Five Hundred Thousand Dollars ($500,000) for public liability and property damage, from an insurance company satis- factory to county, in which the County of Orange and the Orange County Flood Control District shall be named as additional insureds with permittee. The insurance verification certificate must contain a clause requiring the in- surance company to give county thirty (30) days written notice prior to any change in insurance coverage. Property coverages must contain a standard subrogation clause. Evidence of workers' compensation insurance must be given. This permit shall not be effective until evidence of such insurance is filed with this office and approved by the office of the county counsel. The insurance certificate shall be mailed to Orange County EPfA /Regulation, Central Permit Division, Post Office Box 4048, Santa Ana, CA 92702. D. Ingress and egress shall be at locations designated by county inspector. Permittee shall not leave vehicles or equipment or stockpile any material. upon any portion of county right of way and shall control dust and provide for passage of county or other authorized vehicles to the satisfaction of county inspector. E. Permittee acknowledges the accessibility and condition of the channel road- way and agrees to repair county's roadway and replace fencing, if removed, to the satisfaction of county's inspector and to the condition as existed prior to the commmencement of permitted use. All gates and fencing shall be secured at the end of each working day. F. This permit shall be limited to the normal working days and hours as specified by county's inspector. Any deviation from this work schedule shall be made only upon the approval of county. G. This permit shall expire days after commencement of permitted use or 6 months after effective date, whichever occurs first. H. Permittee shall arrange for access to county's flood control channel by calling county's inspector at least 24 hours prior to commencement of permitted use at telephone number 634 -7016. SANll PLV. O i v� f� r• t* S AL 40 a ', or • Ile IX elf % VN * ' J /f fv .i. / IWO Az- Woo r f , 4/. cl k-1 11 x� t' 4�. w .w _ • f F l 411 4F ;� r '� � ��"', . %YY "'•441 �� 0 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: February 26, 1985 0 CITY OF NEWPORT BEACH SUBJECT: Contract No, C -2441 OFFICE OF THE CITY CLERK (714) 640 -2251 Description of Contract Unit I Upper Newport Bay Sediment Control and Restoration Project Effective date of Contract February 26, 1985 Authorized by Minute Action, approved on January 28, 1985 Contract with Valley Engineers, Inc. Address Amount of Contract $3.511.000.00 4�" F d*4&40to� Wanda E. Andersen City Clerk WEA:Ir attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 u TO: CITY CLERK FROM: Public Works Department February 22, 1985 SUBJECT: UNIT I. Upper Newport Bay.Sediment Control and Restoration Project, C -2441 Attached are four copi4 of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insurance certificates, and return the remaining copies to this office. J, Wolter Project Engineer JW:em NUN 0 • • i vy TAE CITY COUNCIL CITY OF NEWPORT BEACH JAN 2 81985 TO: CITY COUNCIL — FROM: Public Works Department • January 28, 1985 CITY COUNCIL AGENDA ITEM NO. F -3(e & f) C- z1/ / SUBJECT: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT (C -2441) (a) Funding Agreement, Port of Long Beach (b) Construction Contract RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute the subject funding agreement with the Port of Long Beach. 2. Award Contract No. 2441, Alternate B, to Valley Engineers, Inc. of Fresno for $3,511,000 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: 1. Port of Long Beach Funding Agreement On June 25, 1984, the City Council approved a cooperative agreement with the Port of Long Beach to provide $600,000 of Port funds for the Unit I Upper Bay Project. Since that time the Port has requested that additional mitigation work be included in the Unit I Project. Contract No. 2441, Alternate B, provides for an additional 84,000 cubic yards of excavation, the extra work requested by the Port. The subject agreement provides for the payment of $310,250 to the City from the Port of Long Beach. Principal terms of the agree- ment are as follows: a. Parties to agreement (1) Port of Long Beach (2) City of Newport Beach b. Port of Long Beach agrees to deposit $310,250, which includes 7% for administration with the City for construction of the additional mitigation work. c. City of Newport Beach agrees to complete the additional miti- gation work for the Port of Long Beach as part of the Unit I Upper Newport Bay Sediment Control and Restoration Project. January 28, 1985 Subject: Unit I Upper Newport Bay Sediment Control and Restoration Project (C -2441) Page 2 2. Award of Contract No. 2441 Four bids for this contract were opened at 11:00 a.m. on January 10, 1985. The low bid was 3.1% less than the for Alternate A and 2.2% less than $3,511,000 for Alternate B. Valle • completed the construction of many ment plants, hydroelectric plants, dredging in California and Oregon. Engineer's estimate of $3,244,000 the Engineer's estimate of e Engineering has satisfactorily pipelines, sewer outfalls, treat - geothermal work, earthwork, and The proposed project provides for the following sediment control and restoration improvements in the Upper Bay between the saltworks dike and Jamboree Road: a. Removal of the central island from the Early Action Plan basin. b. Deepening the Early Action Plan basin. c. Expanding the Early Action Plan basin. d. Widening and deepening subtidal channel from outlet of basin to saltworks dike. e. Additional Port of Long Beach work - -Basin north of Early Action Plan basin and additional deepening of Early Action Plan basin. See attached sketch for location and limits of work. • Two alternates were bid in the project. Alternate A was for the Unit I Upper Newport Bay project described in items a through d above. Alternate B included all of the Alternate A work plus additional miti- gation work requested by the Part of Long Beach and described in item e. The Port of Long Beach has executed a cooperative agreement to fund the additional work. Terms of the contract specifications and the Instructions to Bidders specified that funds for the project were fixed and that the quantity of material to be excavated from the Upper Bay would be adjusted to match the available project funds at award of Bidder Alt. Amount (1) Valley Engineers, Inc., A $3,144,700 Fresno B $3,434,650 (2) Wm. A. Corn & Savala Const. A $3,442,200 Co., Inc., Irvine B $3,753,300 (3) Paul Hubbs Construction, Co. A $3,738,300 Rialto 8 $4,166,700 (4) Clarke Contracting Corp., A $5,119,500 Compton B $5,522,500 The low bid was 3.1% less than the for Alternate A and 2.2% less than $3,511,000 for Alternate B. Valle • completed the construction of many ment plants, hydroelectric plants, dredging in California and Oregon. Engineer's estimate of $3,244,000 the Engineer's estimate of e Engineering has satisfactorily pipelines, sewer outfalls, treat - geothermal work, earthwork, and The proposed project provides for the following sediment control and restoration improvements in the Upper Bay between the saltworks dike and Jamboree Road: a. Removal of the central island from the Early Action Plan basin. b. Deepening the Early Action Plan basin. c. Expanding the Early Action Plan basin. d. Widening and deepening subtidal channel from outlet of basin to saltworks dike. e. Additional Port of Long Beach work - -Basin north of Early Action Plan basin and additional deepening of Early Action Plan basin. See attached sketch for location and limits of work. • Two alternates were bid in the project. Alternate A was for the Unit I Upper Newport Bay project described in items a through d above. Alternate B included all of the Alternate A work plus additional miti- gation work requested by the Part of Long Beach and described in item e. The Port of Long Beach has executed a cooperative agreement to fund the additional work. Terms of the contract specifications and the Instructions to Bidders specified that funds for the project were fixed and that the quantity of material to be excavated from the Upper Bay would be adjusted to match the available project funds at award of is January 28, 1985 Subject: Unit I Upper Newport Bay Sediment Control and Restoration Project (C -2441) Page 3 the contract. The low bid is $76,350 less than the available project funds for Alternate B. City staff therefore recommends increasing item c, Alternate B, by 18,852 cubic yards and awarding Alternate B for $3,511,000. All permits, rights of entry, funding agreements, and grants for the project have been approved with the exception of the Corps of Engineers' permit. That permit has been circulated and is now being processed by the Corps. No problems are anticipated, and the permit will be received prior to the start of any work. Funding for the construction contract is as follows: Part 1. State of California Department of Fish & Game a. Port of Long Beach b. State of California Coastal Conservancy 2. The Irvine Company 3. City of Irvine 4. Orange County Harbor Beaches and Parks District 5. County of Orange 6. City of Newport Beach Subtotal (Unit I Project) 7. Port of Long Beach (additional work) Total Amount $1,453,787.50 600,000.00 362,000.00 566,260.59 10,307.35 108,227.28 7,408.42 113,058.86 $3,221,050.00 289,950.00 $3,511,000.00 The plans and specifications were prepared by Boyle Engineering Corporation. Project scheduling is for completion of work by January 28, 1986. • `(/yr�Cvww� Benjamin B. Nolan Public Works Director JW:jd Att. Ault am WFA ff N I F-AP.C.I. 4* . . . . ...... IL IL 4-4 40. I yt ON- r If at P Ag lot Alma - W*A _9 e. IF : NO -' '°+ • u TO: CITY COUNCIL 0 November 26, 1984 CITY COUNCIL AGENDA ITEM NO. F -14 1-M FROM: Public Works Department BY THE CITY CVNCl!. SUBJECT: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATI6hTYPIX ORT F.ERCH (C -2441) 140V 2 G 1984 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on Thursday, January 10, 1985. 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 with Unit I construction in fiscal year 1984/85, Unit II construction in 1985/86 or as funds become available, and maintenance as required and funds are available Since that time, the City, acting as the lead agency, has pursued preparation. of the plans and specifications, permits, and funding for the Unit I project. Unit I project provides for the following sediment control and res- toration improvements in the Upper Bay between the salt works dike and Jamboree Road: a. Removal of the central island from the Early Action Plan basin. b. Deepening the Early Action Plan basins. c. Expanding the Early Action Plan basin. d. Widening and deepening subtidal channel from outlet of basin to salt works dike. See attached sketch for the location and limits of work. . The in -bay agreement and subsequent funding agreements with the par- ticipating agencies provide funding for the project, including engineering and administration as follows: 0 r U • November 26, 1984 Subject: Unit I Upper Newport Bay Sediment Control and Restoration Project (C -2441) Page 2 Party 1. State of California Department of Fish and Game a. Port of Long Beach b. State of California Coastal Conservancy 2. The Irvine Company 3. City of Irvine 4. Orange County Harbor Beaches and Parks District 5. County of Orange 6. City of Newport Beach 7. Port of Long Beach Subtotal Total Amount $1,700,000 600,000 362,000 623,325 11,170 118,990 7,992 124,310 $3,547,787 420,000 $3,967,787 The Port of Long Beach has requested the City to include additional mitigation work in the Unit I project. An agreement which provides for Port of Long Beach funding for the additional work is being processed. If an agreement is not completed, the project special provisions provide for dele- tion of the additional work. The plans and specifications have been prepared by Boyle Engineering Corporation. Project scheduling is for completion of the work by December 1985. The Engineer's estimate for construction of the project is $3,637,000. A detailed account of the project funding will be presented for the Council when award of contract is to be considered. • JW:jd Att. 4Benilmilen B. Nolan Public Works Director JW:jd Att. prV 4 _V7 is -t_ i I : A Wi L VOW'. min '�: �? • �� }., ''fit . ' `,''. :.+ ' ,., ..y.'* • ,r �` - .� 4P I t tp- . 14. AA Al 4f# V 04 jr '0 _. , I 4w I 16 i. AA • BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 101984 0 TO: CITY COUNCIL • 11 FROM: Public Works Department 0 September 10, 1984 CITY COUNCIL AGENDA ITEM NO. F -15 SUBJECT: _.ENVIRONMENTAL DOCUMENT :OR UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL' AND (iESTORATM 096A RECOMMENDATIONS: If desired, take the following actions: A. Accept and approve the Environmental Document with the following findings: 1. The City of Newport Beach as prepared a final Environmental Impact Report (EIR) consist ng of the Certified Final EIR for the Early Action and Interim Plan San Diego Creek Comprehensive Storm Water Sedimentation Control Plan and an addendum to said EIR. 2. The City Council of Newport Beach accepts and approves the Final EIR and certifies that the Final EIR has been prepared pursuant to, and in compliance with, the California Environ- mental Quality Act (hereinafter referred to as "CEQA ") and the State EIR Guidelines (hereinafter referred to as "Guidelines ") and fully complies with, and satisfies, all of the requirements of CEQA and the Guidelines. 3. The City Council of Newport Beach certifies that it has reviewed and considered the information contained in the Final EIR in conjunction with the various decisions and approvals associated with this project. B. Make the Findings, contained in the Statement of Facts, with respect to significant impacts identified in the Final EIR. C. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evi- dence in the record, including the Final EIR. D. With respect to the project, find that although the Final EIR identifies certain unavoidable significant environmental ef- fects that will result if the project is approved, those mitigation measures identified in Exhibit A shall be incorpor- ate into the proposed project, and all significant environmen- tal effects, when balanced against the facts set forth in said Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable. September 10, 1984 Subject: Environmental Document for Unit I Upper Newport Bay Sediment Control and Restoration Project • Page 2 BACKGROUND: Under the Federal Water Pollution Control Act of 1972 (Section 208) the Cities of Newport Beach and Irvine received a grant to conduct a study to define a comprehensive, effective and practical system of sediment control for the San Diego Creek drainage system. The Upper Newport Bay, San Diego Creek Comprehensive Storm Water Sediment Control Plan has been completed and was accepted by the State of California Water Resources Control Board in September 1983. The Upper Newport Bay Early Action and Interim Plan Project which was recommended as an interim first step during preparation of the plan has also been completed. In September 1983, the Upper Newport Bay Cooperative Agreement was executed by the State Department of Fish and Game, the County of Orange, the City of Irvine, the City of Newport Beach arc The Irvine Co. to join together in an effort to implement the Upper Newport Bay, San Diego Creek Comprehensive Storm Water Sedimentation Control Plan. • In April 1984, the City Council authorized the Mayor and the City Clerk to execute the Implementation Agreement for the in -bay facilities of plan. That agreement provided for each party's portion of the cost to imple- ment the in -bay facilities and split the work into phases consisting of a Unit I project for work above the main dike, a Unit II project for dredging downstream of the dike, and continued maintenance once both projects were complete. PROJECT DESCRIPTION The Environmental Document being presented to the Council for acceptance and approval at this time is for the in -bay Unit I project. The project involves excavation to expand and deepen the existing Early Action basin in the Upper Bay to remove the middle island in the existing basin and construct a new island in the southern portion of the expanded basin and to widen and deepen the existing outlet from the basin to the old salt works dike. (See attached sketch for the location and limits of the project.) ENVIRONMENTAL SIGNIFICANCE In accordance with the California Environmental Quality Act (CEQA), • the State CEQA guidelines and City Policy K -3, an Addendum to the Certified Final Impact Report for the Upper Newport Bay Early Action and Interim Plan has been prepared for the project. Section 15164 of the CEQA Guidelines provides that no additional EIR need be prepared unless there are substantial changes in the project or the circumstances under which the project is to be undertaken. Section 15164 of the CEQA Guidelines further provides minor technical changes or additions to the EIR may be included as an addendum. The changes and additions to the EIR included in this addendum do not raise September 10, 1984 Subject: Environmental Document for Unit I Upper Newport Bay Sediment Control and Restoration Project isPage 3 important new issues about significant effects on the environment; and the mitigation measures, statement of facts, and statement of overriding con- siderations remain essentially the same as the findings for the Certified Final EIR for the Early Action and Interim Plan, San Diego Creek Comprehensive Storm Water Sedimentation Control Plan approved and accepted by the City Council on June 22, 1981. Benjamin B. Nolan Public Works Director JW:jd Attachments: (1) *(4) *(5) *For City Council • Sketch -- Project Limits Addendum Exhibit "A " -- Mitigation Measures Exhibit "B " -- Statement of Facts Exhibit "C " -- Statement of Overriding Considerations members only -or- .;gbtaq ZaA01 v :12 aavaptsaz ATTM; aTbuTs v ;0n1Z8u00 Knoo gaTgw ZadoTanaP ZatPouv 03 401 atP TAJkJeJtJ1fiVfT26PUn ag; TTas ttagR pTnoo ;uvaTTddv MR gvtR p94vns ag 'uot;vzaur=ez otmouooa uv zo; uzn -4az ut J$+b? s0z0v ATgaaZTP p94vooT SSauno A4Zadozd att ,Cgzadosd aq; but40tz3982 peep ;o dztTtgtssod etp azoTdxe '4uv0tTddv aq; ysq; pa;sabbns ag •azn;ons ;s but;stxa atp ;o Tvnotaaa a buTZano a} � anotn �PTnon pvog sY Ag P98 ugzgj I s�uap saz atr4 ;v pa -4v 4s ZaxgTMa Z0g0aZT0 butuuvTd ainedtbe rendereTor declared Vnvallid, by *reason of ar subsequently enacted Legislation, or by decree of a ; &fu atC4 uodn aznWrugs abzvT auo gonzgsuoo og 4uvo Tddv aq4 .2m •P00tV0gg6t9u atn anozdtnf TTTA '4oa[ozd pasodozd �cjmlalet oipaiy�galad4t*Mth*jremftjw cgcAm'*ryuboyatounddd 84n4t49u0o ;ou saoP '4uvatTddv uv ;t ;euaq ATTvtouvut; a*n iMzfediadprceup ndsgffeptrgiprotfb ";tcriowevexiajth44ls Pazts pzvpuv;sgns v but;vaza 4vq; Pa4948 butx uv=Tvtp visions of this MOU relating to pay schedule adjustment declared invalid, City agreeSazW9ft0WJ0t@%Aa*49w4 03 4TTds 40T pasodozd etn sgzoddns aq ;vq} pa ;v '4s etibl'e'xsffP PTCAITIOsEM*tDYEIEW,uEPf *WTiPM @4usP9?#1A0 eq pTnoM aq ;vq4 pa4v3s ag •pvog sbutx uo s;uaptsaz e Qtte 3` `O H6 attAf MR e =AthW WC16va ffik" ecm •vase aqa o; azosa a uv st swig Zeman v sv 4TTnq VITSTwVff b$ %amET �i1"ffaD s.Piat3vtM 'ZW 3vg4 pa;v4s 'Pvn1I s utx TTOT 30 ;vaPTsaz 'vo;ivM gdasor -JN Exe toi� °t aq; ;o ;vaozad 05 s ur uvq; azot¢ ;o :ZOddns ag;:, vg ;aaCozd posodozd atp 4vtp Pa ;v ;s pTat;utM --IN 'ZapuvTznx Z9u0t9sTamo Aq pasod uoT :19MIPAT ?�ACMsVTnSI!5 EMPLOYEES ASSOCIATION '40T atP uodn P940=48=0 aq uvo azn;anx4s aTbuts abzvT v 'Pa ;uvzb Sou st uotstntpgnSpz pasodozd �-� • r1 ;t Ivgy uZaouoo stq Passazdxa ag ZTvdaz ;o dq�z 'a st aznaonzgs buTZSTxa atp ;vqY ut d:�zadoad aq-4 tRTA utu tag at4 4atz4sea pTnon gotgn dgzadwd tftP;1t r� I�d Vr • PTnoM ;uvuanoo ant ;0tZ3901: ;vq4 P93vg8 PiaWuTM zW -.7 By a�7Z WWI I XIONI NBPTEA Representative Tld'"J 110! 43UN JJ0aA4zN JO A40 m o Y a � J 3 Y � t56T '8 qa $3 u1►vMt M \ I O VIC v - . lw JI&O Sw A- �r Act \11n ,low. ®r r IL loop . r lk 9r° 4je 40t j4 V 40 40. I tv, Alk, • C` EXHIBIT A PROPOSED MITIGATION MEASURES . September 10, 1984 1. All existing City policies and regulations shall be applied to this project. 2. All conditions of the various permitting agencies shall be incorporated into the project. 3. Existing slope protection shall remain at the upper end of the Basin to protect the Jamboree Bridge foundations. 4. A berm or similar device shall be constructed at the disposal sites ad- jacent to the San Diego Creek to prevent erosion of excavated materials back into the creek, while permitting temporary dewatering. 5. A soils and geotechnical investigation shall be completed prior to the preparation of final construction plans. 6. Plan configuration on the northern edge of the Basin will be determined • so high velocity run -off entering from San Diego Creek will not damage or scour newly established establishing salt marsh vegetation. 7. Excavation shall encroach as little as possible upon existing brackish marsh areas. 8. In cooperation with State Fish and Game, spartina shall be transplanted to the perimeter of the Basin to accelerate establishment of salt marsh habitat. 9. Future upstream maintenance operations will be emphasized to reduce the frequency of downstream or bay maintenance to reduce wildlife harassment. 10. Construction that interferes with nesting areas will be suspended. 11. If necessary, construction schedules will be revised to avoid impacts of winter construction. 12. Materials excavated from Upper Newport Bay to be transportated to adjoin- ing Irvine Company properties will be transported under the Jamboree Road Bridge without utilizing public roadways • 13. Excavation areas shall be watered as needed to control dust during grading. 14. Use of larger haul trucks to transport dirt from the excavation site to a landfill area. 15. The following persons and organizations shall be notified prior to the commencement of grading operations and permitted to examine dredged and excavated materials: - A qualified archaeologist 15. (cont'd) - A qualified paleontologist • - The Natural History Foundation of Orange County 16. All truck queuing, when entering or exiting, should occur on site and not on a public street. No truck should be stopped within 10 feet of a travel lane. 17. Warnings for bicyclists will be posted during work in the area of bike paths. 18. Access by contractors participating in excavation will be controlled by supervisory staff who will insure safe ingress and egress from the excava- tion site for pedestrians, bicyclists, and construction personnel. 19. The City of Newport Beach and the contractor shall work with affected utili- ties to insure the protection of facilities during the construction phase. 20. The permit issued by the Coastal Commission will incorporate the conditions and objectives of the several participating agencies with jurisdiction over, and interest in, the resources of the Bay and the San Diego Creek. • 21. Revegetation of various areas will offset visual impacts from the removal of vegetation. C J EXHIBIT B STATEMENT OF FACTS 0 September 10, 1984 SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS IMPLEMENTED, FINDINGS WITH RESPECT TO IMPACTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED IMPLEMENTATION OF THE UNIT I UPPER NEWPORT BAY SEDI- MENTATION CONTROL AND RESTORATION PROJECT. BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or is carry out a project for which an environmental impact report has been completed and which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of the significant effects, accom-: panied by a statement of facts supporting each finding." (Section 15088 of the Guidelines) The City of Newport Beach has proposed the implementation of the Unit I Upper Newport Bay Sediment Control and Restoration Project which will involve excavation in the Upper Bay to expand and deepen the existing Early Action and Interim plan Basin, to remove the middle island in the existing basin and construct a new island in the southern portion of the expanded basin and to widen and deepen the existing outlet from the basin to the Old Salt Works Dike. Because this constitutes a project under • CEQA and the Guidelines, the City of Newport Beach has proposed an Environmental Impact Report (EIR). In accordance with Section 15164 of the CEQA Guidelines, this EIR includes the Certified Final Impact Report for the Upper Newport Bay Early Action and Interim Plan and an addendum to address minor technical changes and addi- tions. The changes and additions to the EIR included in the addendum do not raise important new issues about significant effects on the environment and the mitiga- tion measures Statement of Fact and Statement of Overriding Considerations remain essentially the same as contained in the Final Certified Early Action and Interim Plan EIR. The EIR has identified certain significant effects that will flow from this project and should the City Council desire to approve this project, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the finding set forth herein should be made. • • • • • .,A BIOLOGY IMPACTS 0 1. Flora and fauna will be temporarily displaced during construction. 2. Wildlife and vegetative communities will be periodically disturbed during maintenance. FINDINGS a) Specific economic, social and other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. b) The significant effect which remains will be substantially lessened through the incorporation of mitigation measures into the construction phase of the project, and the remaining effect is, when balanced against the facts set forth in the Statement of- Overriding Con °siderations, and giving greater weight to the significant effects, acceptable. FACTS IN SUPPORT OF FINDINGS a) The significant effects are temporary in nature. b) The project will provide increased salt marsh habitat. c) The project will result in the removal of approximately 740,000 to 800,000 cubic yards of sediment from Upper Newport Bay. d) The project will enhance downstream habitat in the Upper Newport Bay Ecological Reserve. e) The project is consistent with the General Plan and policies of the City of Newport Beach. f) The project is consistent with California Department of Fish and Gama plans for the area. g) The project will cc—,,,ply with all conditions of approval required under project permits from the Army Corps of Engineers, the Regional Water Quality Control Board, and the Coastal Commission h) The project is an integral part of regional 208 Water Quality Planning. HYDROLOGY and WATER QUALITY IMPACT • 1. An increase in turbidity and dissolved solids in Upper Newport Bay will occur during dredging and drag line operations. 2. Similar impacts will periodically occur during maintenance operations. FINDINGS a) Specific economic, social and other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. b) The significant effect which remains will be substantially lessened through the incorporation of mitigation measures into the construction phase of the project, and the remaining effect is, when tlalanced- against the 'facts set forth in the Statement of Overriding Considerations, and giving greater weight to the significant effects, acceptable. FACTS IN SUPPORT OF FINDINGS a) The significant effect is temporary in nature. b) The proposed project will significantly reduce the amount o` sediment entering the Bay and will result in a significant improvement in water quality. c) The project will result in the removal of approximately 740,000 to 800,000 cubic yards of sediment from Upper Newport Bay. d) The project will enhance downstream habitat in the Upper Newport Bay Ecological Reserve. e) The project is consistent with the General Plan and policies of the City of Newport Beach. f) The project is consistent with California Department of Fish and Game plans for the area. • g) The project will comply with all conditions of approval required under project permits from the Army Corps of Engineers, the Regional Water Quality Control Board, and the Coastal Commission.' h) The project is an integral part of regional 208 Water Quality Planning. 9J CIRCULAT':ON IMPACT • 1. A short term increase in traffic in the area of San Diego Creek will occur. FINDINGS a) Specific economic, social and other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. b) The significant effect which remains will be substantially lessened through the incorporation of mitigation measures into the construction phase of the project, and the remaining effect is, when balanced against the facts set forth in the Statement of Overriding Considerations, and giving greater weight to the significant effects, acceptable. FACTS IN SUPPORT OF FINDINGS a) The significant effect is temporary in nature. • b) The project will result in the removal of approximately 740,000 to 800,000 cubic yards of sediment from Upper Newport Bay. C V c) The project will enhance downstream habitat in the Upper Newport Bay Ecological Reserve. d) The project is consistent with the General Plan and policies of the City of Newport Beach. e) The project is consistent with California Department of Fish and Game plans for the area. f) The project will comply with all conditions of approval required under project permits from the Army Corps of Engineers, the Regional Water Quality Control Board, and the Coastal Cormission. g) The project is an integral part of regional 208 Water Quality Planning. NOISE d) The project will enhance downstream habitat in the Upper Newport Bay Ecological Reserve. e) The project is consistent with the General Plan and policies of the City of Newport Beach. f) The project is Consistent with California Department of Fish and Game plans for the area. g) The project will comply with all conditions of approval required under project permits from the Army Corps of Engineers, the Regional Water Quality Control Board, and the Coastal Commission. • h) The project is an integral part of regional 208 Water Quality Planning. IMPACT • 1. A short term increase in noise will occur in the project area during construction. FINDINGS a) Specific economic, social and other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. b) The significant effect which remains will be substantially lessened through the incorporation of mitigation measures into the construction phase of the project, and the remaining effect is, when balanced against the facts set forth in the Statement of Overriding Considerations, and giving greater weight to the significanzFeffects, acceptable. FACTS IN SUPPORT OF FINDINGS a) The noise increase is temporary in nature. b) Noise levels at the location of sensitive land uses will not be increased to significantly adverse levels. c) The project will result in the removal of approximately 740,000 to 800,000 cubic yards of sediment from Upper Newport Bay. d) The project will enhance downstream habitat in the Upper Newport Bay Ecological Reserve. e) The project is consistent with the General Plan and policies of the City of Newport Beach. f) The project is Consistent with California Department of Fish and Game plans for the area. g) The project will comply with all conditions of approval required under project permits from the Army Corps of Engineers, the Regional Water Quality Control Board, and the Coastal Commission. • h) The project is an integral part of regional 208 Water Quality Planning. EXHIBIT C • STATEMENT OF OVERRIDING CONSIDERATIONS September 10, 1984 1. The proposed project will result in a significant reduction in the regional problem of sedimentation in Upper Newport Bay. 2. Habitat degradation due to sedimentation in Upper Newport Bay will be significantly reduced. 3. Increased salt marsh habitat will be created in the basin created in the upper end of the Bay, including increased habitat for endangered species. 4. The increased tidal flow into the Upper Bay basin could "hold back" freshwater runoff from drainage culverts on the edges of the Upper Bay, thereby increasing brackish marsh. 5. Increased tidal exchange capacities associated with the Upper Bay basin will result in increases in benthis . organism habitat, with secondary benefits derived by shorebird and fish populations vthich feed on the benthic community. 6. Reduction of sediment transport to the Bay will result • in reduction of those toxic materials, such as heavy metals or pesticides, reaching the Bay attached to, or in the form of, sediment particles. 7. The project will coordinate with and enhance Marsh Restoration Plans being pursued by the California Department of Fish and Game. B. Silting of recreational marinas downstream of the proposed project will be reduced, enhancing boating activities. 9. Downstream water quality will be improved, enhancing other recreational activities such as swimming and wading. 10. Views of the northerly end of the Upper Bay will take in an expansion of water and marsh vegetation rather than the current view of salt flats. This could be regarded as a visual improvement. 11 TJH E NEWPORT ENSIGN PROOF 01' PUBLIC Z?'TTC)N (2015.5 C.C.P.) STA7Z .'F CAL!F0 - \1 -A Cc'.:c:. -.' C'range /i -ao I cer;:ly (cr ucce: p.r:e;1y ci p ' .:y ;hat the Ic•egcin, s :r'.e and cL :e.: Datcd 't New ;nit Sig r.a':rr THE NEWFORT ENS►uN n" apace ie for lha Ceun!y Cluik's Filing Stamp A Prccl of �ub,:Ca!:Cn C. NOTICE INVITING BIDS Clerk, Sealed bids map be received at the office Of the City Beach, 3300 N*wPOTt Houlwa:d, Y.O. Soh 1786. New of ctn a y n the loth day CA 926584915 which timely ,hbbids shall be opened and read for 1995, at . VNIT I UPPER NEWPORT BAY fwDgENT CONTROL. AND RF$TORATION PROJECT Title of Protect 2441 Contract No. 63.637.000 Enafnees's Estimate - Approved by thCity u this 26th day of NO eaibelW4- Wanda E. Rafa9w City Clerk Prospective bidders map obtain one set of bid documents at aO cost at the office of the Public Works Die Or CA'��N`wPO. ti Boulevard, P.O. lio: 1 Newport ohWolter at 644.3311. For further information, NE3228 11126 �-C a -.- .. -. a ic Cr ia:exs;ec in ;:-.ec__u:e entitled pc :ti -. c._:k c! .se el !:. . _ pc :t n;:c_c —sign r.e,s -ape: ei c c_.al circe!a` .._r, :..e- ..e ;:i'; ... .he c:I cl ' :e pc:: 52z_:-.. cur:: .;i0:ange, ac-- -nn:ch ne-..s. has newspa_e: ci gene:--!- .- .e``:u Nei ^.J: C.c C.'! Ol t %e cCCnt', of Ci. -___ Stare C. .- .3!aC: C:'. --C c: 112 ]_.? C; ma 12 ....... :. r.�L .,: lJ_.. Ai-'i.,a Ina. .Ce n^ t!ce• C! :.. the aGG? %eC isy = :n :eG _ set in type ..c. _ -a`�2: '-- _c[ei!j i -As nee ^� in eic . .eccia: ax en..._ issue -. sa:_ :.ewso ce: -r:d nc.... _ an, suppie�er,. ...e:20!_'. .:.c .0....n.' a :e;!C-wi. /i -ao I cer;:ly (cr ucce: p.r:e;1y ci p ' .:y ;hat the Ic•egcin, s :r'.e and cL :e.: Datcd 't New ;nit Sig r.a':rr THE NEWFORT ENS►uN n" apace ie for lha Ceun!y Cluik's Filing Stamp A Prccl of �ub,:Ca!:Cn C. NOTICE INVITING BIDS Clerk, Sealed bids map be received at the office Of the City Beach, 3300 N*wPOTt Houlwa:d, Y.O. Soh 1786. New of ctn a y n the loth day CA 926584915 which timely ,hbbids shall be opened and read for 1995, at . VNIT I UPPER NEWPORT BAY fwDgENT CONTROL. AND RF$TORATION PROJECT Title of Protect 2441 Contract No. 63.637.000 Enafnees's Estimate - Approved by thCity u this 26th day of NO eaibelW4- Wanda E. Rafa9w City Clerk Prospective bidders map obtain one set of bid documents at aO cost at the office of the Public Works Die Or CA'��N`wPO. ti Boulevard, P.O. lio: 1 Newport ohWolter at 644.3311. For further information, NE3228 11126 �-C .v �� n �. C � �P <� Fo aN/ is i TABLE OF CONTENTS Page I. Introduction 1 II. Background and History 3 III. Project Description 4 Existing Conditions, Environmental Impacts and Mitigation Measures IV. Physical Environment 9 Biological Resources 9 V. The Community Context 18 Circulation 18 Relevant Planning 19 Noise 20 VI. Cumulative Impacts 21 VII. Conclusions 22 VIII. Organizations and Persons Consulted 23 Appendix LIST OF EXHIBITS Exhibit Title 1 Vicinity 2 Proposed Project 3 Unit I Resources Following Page 4 4 9 ' L INTRODUCTION The CEQA Guidelines provide that an Addendum to an existing Environmental Impact ., Report (EIR) may be prepared in situations where a subsequent project does not raise significant new environmental issues, but the earlier EIR is subject to minor technical ' changes or additions to the EIR to enhance and clarify its application to the project. ' The controlling provision, Section 15164, is quoted below: 15164. Addendum to an EIR. (a) The lead agency or a responsible agency shall prepare an addendum to an EIR if: (1) None of the conditions described in Section ' 15162 calling for preparation of a subsequent EIR have occurred; (2) Only minor technical changes or additions are necessary to make the EIR under consideration adequate under CEQA; and (3) The changes to the EIR made by the addendum do not raise important new issues about the significant effects on the environment. ' (b) An addendum need not be circulated for public review but can be included in or attached to the final EIR. ' (c) The decision - making body shall consider the addendum with the final EIR prior to making a decision on the project. ' Section 15162 of the CEQA Guidelines addresses those situations where an EIR has been previously prepared. This section provides that no additional EIR need be ' prepared unless there are substantial changes in the project, in the circumstances under which it is to be undertaken, or in the information pertaining to it which ' involves new or more severe environmental impacts than were anticipated in the earlier EIR. ' As a first step towards CEQA compliance, the City of Newport Beach evaluated the proposed project-against the Early Action and Interim Plan EIR for the San Diego ' Creek Comprehensive Storm Water Sedimentation Control Plan (EAIP). The area of the proposed project is generally the same as that examined in connection with Basin se r ' 1/3 and its associated disposal area in the EAIP. The proposed project encompasses more area of the former salt flats, and excavates and enlarges an existing channel, terminating at an existing dike. ' Because of the abundance of information available to the City from the EAIP EIR, as well as other environmental documentation associated with the area (see Cumulative Impacts), the City was able to conclude that the effects of the proposed project, ' though potentially significant, were substantially the same as those covered in the EAIP EIR. In fact, since Basin 1f3 has been constructed, it was possible for the City to examine its sediment trapping characteristics and the effectiveness of mitigation measures imposed on its construction. Information and conclusions pertaining to this evaluation are found in the topical areas of this Addendum, as appropriate. 11 -2- IL BACKGROUND AND HISTORY The San Diego Creek Comprehensive Storm Water Sedimentation Control Plan (SCP) was completed in 1983 by the Cities of Newport Beach and Irvine under an agreement with SCAG. The purpose of the plan overall is to reduce the inflow of sediment, principally from San Diego Creek to the Upper Newport Bay Ecological Reserve (UNBER), a 741-acre state reserve owned and managed by the California Department of Fish and Game. Significant steps have been taken to reduce sediment inflow into the UNBER. The Early Action and Interim Plan (EAIP) has been implemented and consists of two in- channel sedimentation basins in San Diego Creek, and an excavated basin of nearly 50 acres in surface area in the Bay itself west of Jamboree Road. The EAIP in -bay basin has reduced sediment flow to the Bay, trapping approximately 140,000 cubic yards of fine sand, silt and clay between fall of 1982 and summer of 1983. The trapping efficiency of the in-bay basin has far exceeded original expectations. The 1983 Sediment Control Plan Report has concluded that, with installation of the recommended additional in- channel and Bay basins, all of the sand particles will be trapped before they enter the Upper Bay, and 90% of the silt and clay particles will be trapped before they enter the lower Bay system. The financing of the construction and maintenance of the Sediment Management and Restoration Plan (SMRP) considered herein is the result of a cooperative agreement between the Cities of Newport Beach and Irvine, the County of Orange - Harbors, Beaches and Parks District, the Department of Fish and Game, and the Irvine Company, and a copy of the agreement is included in Appendix A. -3- III. PROJECT DESCRIPTION A. PROJECT LOCATION ' The proposed excavation area is located in the uppermost portion of the Upper Newport Bay Ecological Reserve (UNBER) in the City of Newport Beach (Exhibits I and 2). B. PROJECT CHARACTERISTICS ' The Sediment Management and Restoration Project (SMRP) is a major state and local effort to restore the UNBER by reintroducing tidal influence to large portions of the Reserve. The SMRP complements state and local objectives for the protection and enhancement of wildlife habitat, the improvement of fishery resources, and the ' establishment of scientific, educational and recreational opportunities within the Bay. Changes in the Upper Bay due to sediment deposition from storm events call for ' returning the Bay, as much as possible, to its pre -1933 form through dredging and channelization. These efforts will restore the tidal prism in the Bay and enable more complete achievement of a saltwater marsh ecosystem. The SMRP has been divided into two separate and distinct projects and will be processed separately. Unit I of the SMRP is the proposed project herein and is primarily a sediment management facility with the collateral advantage of enhancing the upper portion of the Bay. Unit II is primarily a restoration project to enhance and restore tidal action in the Bay. Unit I is concentrated in the extreme upper portion of the Bay, northeast of a former ' dike which restricted tidal access to the area for use as a saltworks. The saltworks was established in 1933. It and its associated facilities were destroyed in winter storms of 1969. Construction of the main dike (sometime after 1940), the saltworks, and sediment deposition from 1969 through 1982 have restricted tidal access to the area. Further, as its capacity to hold sediment inflow decreased, sediments began to ' deposit in lower portions of the Bay, restricting its tidal prism as well. 1 -4- [l 1 1 1 1 i 1 r U) 0 opO LL Q z O z _ a w za '. z J ao1 13 m W J > LU U C U W z `0 U > > O J Ru o s, 0 � g, A.vy ii MaN zz u¢i ¢ z _O O � W O� n LL _ FIGURE 1 Cuert Adams & ...��, Associates Vicinity Map 06, llllllh� N A E 6x I ti Ape" SOW r. 0.01: N-I IJI� •61* IL All 4t v. 4t J. 'ek't 4o' 7/ 74P 4#1'4 *Awn, -44 '71 The EAIP established a basin approximately 46 acres in size for sediment capture purposes in the Upper Bay. Later restoration activities undertaken by the Depart- ment of Fish and Game have enlarged this basin to 46 acres. The in -bay basin ' localizes the deposition of fine silt and clay particles that are not conducive to entrapment in upstream sedimentation basins because of the relatively short detention time. Although Unit I is a part of the SMRP, it is also an element of the Comprehensive Sediment Control Plan for the Upper Newport Bay (August, 1983). Together with the in -channel basins upstream, both existing and planned, the in -bay program contemplated in Unit I will achieve the joint objective of marsh restoration and sediment control for the area below the dike. Specifically, Unit I consists of the following components: 1. Deepen the EAIP in-bay basin to -4 MLLW. 2. Expand the EAIP basin by approximately 35 acres, making its total surface area approximately 71 acres. 3. Remove central island at the mouth of San Diego Creek in the basin. The island interferes with the inflow to the basin and causes irregular sediment deposition. Removal of the island will improve flowthrough characteristics and allow for more localized deposition within the central portion of the basin. 1 4. Create a least term nesting island in the southerly portion of the basin. ' 5. Construct a subtidal channel with a width of approximately 300 feet from the outlet of the enlarged basin to the main dike. This channel will ' increase the necessary tidal exchange to re- establish the saltwater marsh, and will contain most of the flood flows, thus preventing silt and clay ' particles that are not trapped in the basins from being deposited on the adjacent marsh areas. 1 -5- I The enlarged basin will restore much of the uppermost portion of the Upper Bay to its ' pre -1933 tidal condition. ' The estimated total excavation for Unit I is 740,000 to 800,000 cubic yards. The project will be excavated in the same manner as the original EAIP basin was ' constructed. Shore based equipment or a dredge may be used to excavate the material, which will then be transported under Jamboree Road to Site A, North Ford disposal site, or a small disposal site ( "North Creek ") north of San Diego Creek. The Irvine Company is making these three sites available for disposal of the excavated material. The approximate storage available on each site is as follows: Site A 300,000 cubic yards North Ford 120,000 cubic yards North Creek (3.1 acres) 40,000 cubic yards TOTAL 460,000 cubic yards It is anticipated that the 740,000 to 800,000 cubic yards of material can be almost completely accommodated on these disposal areas. Assuming a 25 -30% shrinkage rate, contemplated fill will be in the range of 550,000 to 600,000 cubic yards. Excess excavation can be used as surcharge on Site A, with excess removal prior to site development by the property owner. ' The contractor's agreement for excavation does not limit disposal to these sites alone. The property owner of the disposal sites, The Irvine Company, has made them available for disposal to defray offsite removal costs and to raise elevations on the disposal sites. It is possible, although not now anticipated, that contractors may remove spoil materials in 20 cubic yard trucks. The traffic implications of this option, therefore, are considered in the Circulation Section herein. The off -road method of excavation was used in 1982 for the existing basin, and was accomplished without complaints to the City of Newport Beach. ' A dredge may also be used, either as a total excavation mode, or in conjunction with a drag line. The dredge would operate 24 hours. 1 -6- Although the SMRP is to be accomplished in two units, the units are distinctly ' separate and join as an entire project with respect to objectives only. Unit II will consist of a larger program of hydraulic dredging, with probable ocean disposal. It will be considered in its own EIR, and is not contemplated to begin for two years. The parties to the cooperative agreement will probably undertake construction of Unit II in 1985 -86. Unit II is not considered herein, as details regarding the project are not sufficient at this time to permit specific analysis. C. PERMITS REQUIRED As with the EAIP, several permits are required of agencies other than the City of Newport Beach. The following agencies will need to issue permits: Agency Permit ' California Coastal Commission Coastal Development Permit Regional Water Quality Control Board NPDES Army Corps of Engineers 404 Permit ' D. PHASING ' The project as envisioned in Unit I would require approximately 12 months for completion by either excavation method (dredge or drag line), and would be undertaken in one phase only. Since the capacity of the in -bay basin below elevation 0 MLLW is 190,000 cubic yards, the basin has an average four year capacity (50,000 cubic yards average annual inflow per year). Therefore, every four years, on average, the basin will require maintenance excavation to maintain the tidal influence. -7- EXISTING CONDITIONS, ENVIRONMENTAL IMPACTS, AND MITIGATION MEASURES 11 1 -8- IV. THE PHYSICAL ENVIRONMENT The following topical areas of the EAIP EIR were investigated in light of the proposed project. Based on that review, it was found that the discussions therein satisfied the requirements of Section 15162 of the CEQA Guidelines, and that no further revisions or additions were necessary. Soils and Geology Hydrology and Water Quality Air Quality Cultural Resources Because there were several changes in this project from the EAIP EIR, the Biological Resources section has been supplemented herein to examine whether there would be additional, or more severe, impacts. This supplemental information ws prepared by Carl Wilcox, Wildlife Biologist, Department of Fish and Game (6/84). BIOLOGICAL RESOURCES Existing Conditions The proposed project will expand and deepen the saltworks basin constructed as part of the EAIP project. This will improve its ability to trap sediment entering the Bay from San Diego Creek. The channel downstream from the existing basin will be widened from 160 feet to 300 feet to facilitate the passage of flood flows. The project will also create 30 to 45 acres of new intertidal habitat. A walkover survey of the project area was conducted on June 6, 1984. This survey was intended to document the presence and abundance of endangered Beldings savannah sparrows and light- footed clapper rails in the project area. This survey was also conducted to verify relative distribution of salt marsh plant associations within the project area. The relationship between the various salt marsh plant assemblages and the distribution of endangered species was also noted. Particular attention was paid to the channel area, from the saltworks basin to the main dike. so Illl LU 0 a. LU W 0 (L 3: LLI Z LL. 0 CO CD 0 Cl) 0 0 E Qa yQ U co LU x LU W 0 (L 3: LLI Z LL. 0 CO CD 0 Cl) 0 0 E Qa yQ U co LU Vegetation Completion of the EAIP project altered the project area as described in the EAIP EIR. Two major changes are evident. The project and subsequent sediment deposition have created 35 acres of intertidal mudflat. The riparian habitat in the area has been significantly degraded by increased salinity resulting from expanded tidal influence. Willows (Salix sp) which once dominated this plant association have died out and mulefat (Baccharis glutinosa) and giant reed (Arundo donax) now dominate the association. The other plant associations of the saltworks remain the same as described in the EAIP EIR. The vegetation of the lower reaches of the present project area are described on page 5 of Appendix A, Vol. II of the EAIP EIR. This area is composed of a mix of subtidal /intertidal channels, mudflats, and low, mid and high salt marsh. The area is dominated by high marsh vegetation, pickleweeds (Salicornia virginicum and S. Subterminals) at its upper end. Mid marsh species, pickleweeds (S. Virginicum and S. beglovii) saltwort (Batis maritima) and jaumea ( Jaumea carnosa) dominate the middle reach. The lower reach and channel edges are dominated by low marsh species, cordgrass (Spartina foliosa) and pickleweed (S. Virginicum). Low marsh provides habitat for the endangered light- footed clapper rail while mid marsh vegetation is preferred by Belding's savannah sparrows. The endangered salt marsh birds -break is not found in the project area. A complete plant list for the project area is contained in Vol. II of the EAIP EIR, Appendix H. Benthic Organisms The EIR prepared for the EAIP project discusses the benthic community of Upper Newport Bay. The structure of this community was examined by Seapy (1981) and Marine Biological Consultants (1980) prior to completion of the EAIP project. The results of both investigations show that the density, species richness and species diversity of benthic organisms decreased going from the lower end of the bay to the upper end. Additionally, seasonal patterns of reduced densities, species richness and -10- I diversity were associated with winter rainfall and reduced salinities. These reductions are followed by a rapid recovery during the spring and summer. Based on the findings of these two studies, it can be assumed that the EAIP project expanded the distribution of benthic organisms within the upper reaches of the bay. This expansion was due to the creation of a new intertidal habitat and an increase in the total prism. Based upon the findings of these two studies it is apparent that the benthic community recovers quickly even following major disruptions. Fish rRecent fish surveys of Upper Newport Bay and the project area, conducted by the Department of Fish and Game (Wilcox and Sunada unpub. data), show that the EAIP project had a beneficial effect on the fisheries of the bay. Completion of the project created 35 acres of new subtidal and intertidal habitat. Surveys have recorded seven species from the area. The dominant species are Striped mullet (Mugil cephalus), Tilapia (Tilapia mossambica), topsmelt (Atherinops affinis) and anchovy (Anchoa sp.). Sediment deposition in 1983 has reduced the fisheries value of the saltworks basin by eliminating subtidal habitat. Wildlife ' The EAIP EIR (Vol. II, Appendix H pages 8 -9) thoroughly discusses the wildlife resources of the project area. Three endangered bird species are found in the area; the light- footed clapper rail, California least tern, and Belding's savannah sparrow. Completion of the EAIP project substantailiy increased the value of the saltworks to resident and migratory waterfowl and shorebirds. Described in the original EIR as primarily a loafing area during high tides, it is now also used extensively as a foraging area. With completion of the EAIP project, least tern nesting resumed in the saltworks. This resumption of nesting activity is attributed to the availability of suitable foraging areas provided by the EAIP project. An island created for least tern nesting as part of the project has significantly enhanced American avocet and black - necked stilt nesting within the Upper Bay (Wilcox, personal observation). -11- 1 The downstream portion of the project area, the saltworks basin downstream to the main dike, contains the habitat of the light- footed clapper rail and Belding's savannah sparrow. On a walk over of the area on June 6, 1984, ninety -nine Belding's savannah sparrows were counted in the project area. Due to the late date of the survey very few singing males were observed. This, combined with the presence of juvenile birds, made estimating the breeding population speculative. During the field survey one clapper rail was encountered. A 1983 census of clapper rails at Upper Newport Bay revealed 112 pairs (Zembel, unpub. data). Of these, five pairs and six individuals were recorded within the immediate vicinity of the project area. Twenty two species of birds were recorded during the survey. Two hundred one species of birds have been recorded within the Ecological Reserve (DFG, 1984). Spoil Disposal Sites Three potential spoil disposal sites are available. The biological resources of spoil disposal site A were discussed in the EAIP EIR. As a result of that project the site is now barren. The North Ford disposal site is dominated by ruderal vegetation. It has been heavily graded in preparation for future development. The biological resources have been assessed in environmental documents dealing with the site's development. The North San Diego Creek spoil disposal site covers 3.1 acres. This site is a remnant ' of Upper Newport Bay cut off by construction of Jamboree Road and the San Diego Creek flood control channel. The site is very similar to site A as described in the EAIP EIR (page 6, Appendix H, Vol. II). A stand of pickleweed (Salicornia virginicum) is present on the site. In addition, a small stand of arroyo willow (Salix Lasiolepis) and cattail (Typha Latifolia) is found on the site. Examination of the site indicates that there are no species of concern present. -12- Impacts 1 Expansion and Deepening of the Early Action Plan Desilting Basin and Construction of Dowmbay Channel Improvements Expansion and deepening of the saltworks basin will result in the removal of riparian growth, mudflats, vegetation on the salt barrens surrounding the existing basin, and brackish marsh vegetation. The downbay channel improvements will result in the loss of 11 acres of salt marsh habitat. The wildlife associated with this vegetation will be _ lost or displaced. The salt marsh. vegetation provides nesting habitat for the Belding's savannah sparrow and possibly the light- footed clapper rail. Dredging of the remaining salt barrens may affect the nesting site of the California least tern. Several other shorebirds, which also nest here, would be similarly affected. Wildlife and resident bird species displaced to adjacent habitat areas will crowd and disrupt local populations until natural competition and predation return populations to habitat carrying capacity levels. It can be anticipated that there may be a temporary reduction in the Belding's savannah sparrow population. It can be expected that the population will recover as new habitat becomes established following the project. It is not anticipated that the project will have any negative impacts on the light- footed clapper rail population of Upper Newport Bay. Dredging operations would release small amounts of heavy metals and pesticides into the water. Though short -term effects are expected to be minimal, long -term organismic concentration of these substances would be expected throughout the food chain (Dixon, 1981). It is not known whether or not these would reach detrimental levels. Construction and dredging activity and noise would cause temporary wildlife "harrass- ' ment." Longer term effects could be expected if construction was to occur during the breeding season and nesting and breeding behavior of wildlife were interrupted. This would be particularly significant in the case of the California least tern which nests in the vicinity of the project site. 1 -13- I Dredging activities may have a temporary negative effect on water quality by increasing turbility within the Upper Newport Bay. Beneficial impacts expected from expansion and deepening of the existing pond and downbay channel improvements include: 1. Creation of new salt marsh habitat along the edges of the expanded basin and around the two islands in the basin. This should offset any salt marsh losses resulting from project construction. r2. The project will create new mudflat habitat and expand shorebird foraging opportunities. Available mudflat within Upper Newport Bay is decreasing because of sediment deposition and invasion by salt marsh vegetation. 3. The nesting area most recently used by the California least tern will be preserved as an island. This will reduce the exposure of the nesting site to human disturbance and predation. The deepened basin will also provide a foraging area. l4. The project may result in an expansion of light- footed clapper rail nesting habitat. This species, along with the Belding's savannah sparrow, would be ' expected to expand its distribution into salt marsh vegetation which develops in the project area. 5. Deepening of the salt works pond will expand subtidal habitat within the ' Upper Bay, benefitting the fishery. 6. Expansion of the saltworks basin and the downstream channel will increase the tidal prism and improve tidal flushing and circulation. Increased tidal exchange associated with the project should enhance salt marsh develop - ment. 7. Expanded subtidal and intertidal habitat will generate increases in benthic populations. Both shorebirds and fish populations should benefit, since both feed on the benthic community. -14- 1 8. The improved sediment trapping ability of the salt works pond will reduce sediment deposition on salt marsh and mudflat habitats downbay from the basin. This should also reduce adverse effects on the Bay's benthic community resulting from heavy sediment deposition in a long term manner. 9. The downbay channel improvements will allow the unobstructed passage of storm flows. This should reduce flooding to the surrounding salt marsh habitat. This would result in reduced sediment deposition in the salt marsh. A slowdown in sediment buildup in the salt marsh should minimize the future loss of marsh habitat in the bay. 10. Increased tidal prism should result in an improvement in water quality within Upper Newport Bay. 11. The project will create approximately 30 to 40 acres of new intertidal habitat. Harrassment of wildlife and shorebirds by maintenance dredging noise and activity would not produce long -term impacts for most wildlife. If maintenance activity occurred during nesting season, however, the effects on the recovery of Endangered Species using the created habitat (light- footed clapper rail, Belding's savannah sparrow, California least tern) would be significant. Spoil Disposal Sites Use of the spoils disposal sites will eliminate the introduced grassland vegetation and associated wildlife which inhabit them. This would not be a significant impact because of the low wildlife value of the sites. Development of the sites is expected to begin shortly after spoil disposal operations have been completed. Filling of the North San Diego Creek site will result in the loss of non -tidal pickleweed and a small willow and cattail thicket. This will result in only minor impacts since the pickleweed is isolated from tidal influence and does not support Belding's savannah 1 -15- sparrows. Loss of the willow - cattail thicket will result in the loss of a red - winged blackbird nesting site. MITIGATION MEASURES There are also several avoidable impacts, which have the potential to be significant, ■ but which can be mitigated. These include: reduction in shorebird resting sites in the ' Upper Bay; reduction in least tern nesting sites; reduction in potential foraging habitat for the light- footed clapper rail; increased organismic heavy metal concentrations; and interruption of shorebird nesting. Project features that have beneficial impacts that serve to mitigate these adverse Iimpacts include: increased foraging and nesting areas created by expanded saltmarsh and brackish marsh areas; expanded foraging and /or nesting habitat for the light- footed clapper rail, Belding's savannah sparrow and California least tern, creation of shorebird and waterfowl resting areas in the excavated basin; and increased shorebird and wildlife populations in and around enhanced marsh and lagoon areas. In addition, other long -term beneficial impacts would include: enhancement of the entire Upper Bay habitat by reduction of sedimentation and overall improvement in quality of marsh and estuarine habitats, as a result of increased tidal flushing in the project area. Other mitigation measures which could alleviate adverse impacts include: 1. Excavation will encroach as little as possible into existing freshwater /brackish 1 marsh areas. These areas will serve as important sources of marsh expansion into the restored area. 2. Transplanting of S ap rtina to the perimeter of the completed Upper Bay basin is recommended to accelerate the establishment of salt marsh habitat. 3. Since nesting patterns of endangered species can vary in location in this portion of the Bay, monitoring by the Department of Fish and Game will be necessary. This monitoring will take place between April 15 and July 31 in the areas of the project affected by construction activities. If the Department determines that nesting activities will be disrupted by excavation activities, the Department -16- shall immediately notify the City of Newport Beach, which may restrict operations to avoid interference with nesting activities. 4. Maintenance of upstream sediment control facilities will be emphasized to reduce the frequency of inbay maintenance for an overall reduction in wildlife harrass m ent. 5. Upon completion of detailed engineering drawings for the specific location and configuration of proposed facilities, the California Department of Fish and Game and U.S. Fish and Wildlife Service will be consulted for additional mitigation ' measures, if necessary. Such consultation is required by State and Federal law, under the California Fish and Game Code (Section 1601) and Clean Water Act (Section 404), respectively. High marsh and maritime areas exist within the project area which are not used by the Belding's savannah sparrow. These areas could be enhanced to provide habitat for this species. 1 -17- V. THE COMMUNITY CONTEXT INTRODUCTION The following topical areas of the EAIP EIR were investigated in light of the proposed project. Based on that review it was found that the discussions therein satisfied the requirements of Section 15162 of the CEQA Guidelines and that no further revisions or additions were necessary. ' Circulation Land Use Aesthetics Because there were several changes in the area's Relevant Planning since the 1981 EAIP EIR, and since the project extends the basin closer to East Bluff homes than originally considered, the Relevant Planning and Noise sections have been updated to examine whether there would be additional, or more severe, impacts. CIRCULATION Existing Conditions (Please see p. 6 -1 of the EAIP EIR) Impacts The removal of 740,000 to 800,000 cubic yards of material totally by 20 -cubic -yard trucks would involve an estimated 37,000 to 40,000 total truck trips, which equates to approximately 231 to 250 truck trips per day assuming a 5 -day, 32 -week work ' schedule. This represents a 68% reduction over the total truck traffic associated with the EAIP project. Experience with EAIP excavation by truck did not disclose any significant traffic problems. Predicted percentages of trucks within daily traffic in the EAIP plan exceeded one percent of only three intersections' representative traffic. r -18- No specific haul /route information is currently available. Based on the existing EIR, ' and actual experience with earlier excavations, no impacts beyond those anticipated in the EAIP EIR are expected. Mitigation Measures The following measures from page 6 -3 of the EAIP EIR should apply: 6. A flagman should be used on Jamboree Boulevard whenever Jamboree Boulevard access points are used. 7. All trucking queuing when entering or exiting should occur on site and not on a public street. No truck should be stopped within 10 feet of a travel lane. ' 8. Trucks should enter Jamboree on the easterly side only, to prevent right turn traffic from traveling past the residences of East Bluff. 9. Haul route permits shall consider the sensitivity of intersections on MacArthur, Jamboree, and Bristol to avoid peak hour conflicts. RELEVANT PLANNING Existing Conditions (Please see pages 6 -16 to 6 -26 of the EAIP EIR.) Since the EAIP was certified, two major projects have been considered in the area- - the North Ford development (City of Newport Beach) and the Bayview development (County of Orange). The North Ford development was considered in a General Plan Amendment EIR prepared in 1983 (SCH #83032505) and is currently under analysis in a supplemental ' EIR for the subdivisions, as yet unavailable. The GPA EIR recognized the use of Site A as a disposal area for Upper Bay excavation in connection with the EAIP (p. 7, 16). The EIR considered the alteration of the area now known as the North Ford -19- u ' disposal site for development purposes. Finally, the Final EIR for the North Ford Planned Community, TT #10019 (LSA, Inc.; November, 1979) considered impacts to the North Ford disposal site in the areas of geology, soils, biological resources and runoff. No significant changes in this data have occurred. ' Another project which has recently been proposed is the Bayview project in the basin on the bluffs overlooking the Bay. This 62 -acre project will feature 223 dwelling units, over 631,000 square feet of office space, and a 300 -room hotel. Three controlled drainage points will carry runoff into Upper Newport Bay between an existing horse trail and Bayview Way into a habitat filter area. This runoff is not expected to adversely affect the operation of the basin or the PMRP. An EIR for the General Plan Amendment, Zone Change, and Tentative Tract is currently being circulated for public ' comment. ' Finally, the 3.1 acre disposal area north of San Diego Creek, located in a retail and service commercial area of the Local Coastal Program, Land Use Plan, will be filled ' and top - graded. Because of the quality and nature of the fill soil, it is likely to revegetate quickly, leaving little opportunity for erosion. NOISE ' The 1981 EAIP EIR considered the impact of excavation operations for the Upper Bay basin (pp 6 -33 to 6 -35). Excavation by both dredge and drag line was considered. Noise levels for dredge operations were predicted at 65 dBA up to 84 feet from the ' dredge. No homes are located less than 250 feet from the area to be dredged. Therefore, no impacts are anticipated. ' The use of a drag line was also considered in the 1981 EIR. A drag line of two to three engines typically generates noise levels equivalent to a dredge, but since a drag line is land based, it is generally closer to residences than a dredge. Noise levels could increase by 3.3 to 4.0 dBA over the dredge at existing homes. However, since no home is located closer than 250 feet from where the drag line will be operating, noise levels will not exceed City standards. -20- ' VL CUMULATIVE IMPACTS As noted in Relevant Planning herein, several projects are in the process of permit approvals in the vicinity of this project. The extension of the Corona del Mar Freeway is currently under construction and is likely to still be under construction when the ' Unit I project begins. Although the exportation of spoil materials is speculative at this time, it is necessary to consider the cumulative effects of truck traffic from the ' Unit I project as combined with freeway construction traffic. The average daily traffic on Jamboree is estimated to be 29,000 trips per day. This represents an ' increase of .80% to .86% to the existing volumes. Although specific estimates of truck traffic for freeway construction were not available at this writing, it is assumed that truck traffic related to freeway expansion will be primarily supplied for actual ' construction by the time the Unit I project is underway. Although not insignificant in and of itself, the freeway truck traffic is not anticipated to approach 284 trips per day; the Unit I traffic represents the lesser proportion of temporary traffic. Since even this traffic is predicted to have a nominal effect on intersection capacity, and since it is of a temporary nature, both individual and cumulative impacts are considered insignificant. L -21- ' VII. CONCLUSIONS Based on the City's independent review of all pertinent data, as well as the ' documentation provided in this Addendum, it is concluded that the EAIP EIR, as updated by this Addendum, is adequate to serve as the compliance with CEQA for this ' project. _22_ VUL ORGANIZATIONS AND PERSONS CONSULTED City of Newport Beach Pat Temple, Environmental Coordinator John Wolter, Public Works Department Department of Fish and Game Carl Wilcox, Manager, Upper Newport Bay Ecological Reserve Outside Parties Don Simpson, Consultant -23- APPENDIX MOU 2, FISH AND GAME DRAFT, REVISED 1/10/83 AGREEMENT BET14EEN THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME, THE CITY OF NEWPORT BEACH, THE CITY OF IRVINE, THE COUNTY OF ORANGE, THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, AND THE IRVINE COMPANY FOR ' CONSTRUCTION AND MAINTENANCE OF SEDIMENT CONTROL FACILITIES IN UPPER NEWPORT BAY IN FURTHERANCE OF THE NEWPORT BAY WATERSHED -SAN DIEGO CREEK COMPREHENSIVE STORM'WATER SEDIMENTATION CONTROL PLAN This AGREEMENT is made by and between the State of California, acting through its Department of Fish and Game, hereinafter referred to as "State "; the City of Newport Beach, hereinafter referred to as "Newport Beach "; the ' City of Irvine, hereinafter referred to as "Irvine "; the County of Orange, hereinafter referred to as "County "; the Orange County Harbors, Beaches and Parks District, hereinafter referred to as "District "; and The Irvine ' Company. The six entities are hereinafter sometimes jointly referred to as the "Parties ". W I T N E S S E T H WHEREAS, Newport Bay is located entirely within Newport Beach, and the ' environmental and scenic values of the Bay are important attributes of the City, providing fisheries, navigation, recreation, birdwatching, and other ' amenities related to a coastal salt -water wetland environment accessible to a large urban and suburban population; and WHEREAS, State owns and operates the Upper Newport Bay Ecological Reserve, hereinafter referred to as "Reserve ", comprising the upstream portion of ' Upper Newport Bay, and is responsible for master planning, development, operation, and maintenance of the Reserve; and - 1 - WHEREAS, the sedimentation of Newport Bay threatens to impair the navigation, fish and wildlife, recreation, scenic and water quality values of the Bay, to the detriment of Newport Bay and the surrounding community; and WHEREAS, Irvine, Newport Beach and County occupy portions of the watershed tributary to Newport Bay, and administer ordinances related to control of erosion and sedimentation; and WHEREAS, District and Newport Beach operate boating and recreational facilities in Newport Bay that will be adversely affected by continued sedimentation; and WHEREAS, The Irvine Company owns extensive land holdings in the watershed, including agricultural land and construction sites, and is willing to participate in the construction and maintenance of sediment control facilities in Upper Newport Bay; and WHEREAS, the Parties share a concern for the protection and maintenance of the Bay as a high quality environmental resource; and WHEREAS, the sediment affecting Newport Bay originates from natural open space land as well as from land disturbed by man for agriculture and urban uses; and WHEREAS, Newport Beach and Irvine have previously entered into an agreement with the Southern California Association of Governments to conduct studies to achieve three objectives: - 2 - ' 1. To develop an Early Action Plan, hereinafter referred to as "EAP ", for Upper Newport Bay and San Diego Creek which could be implemented to begin controlling sediment while the studies icontinued. 2. To analyze the causes, nature, and extent of the sedimentation problems adversely affecting Upper Newport Bay. 3. To develop a Comprehensive Stormwater Sedimentation Control Plan; ' and ' WHEREAS, the EAP proposal was constructed and consists of two in- channel basins excavated in San Diego Creek upstream of Jamboree Road and an excavated basin in Upper Newport Bay below Jamboree Road; and WHEREAS, Newport Beach, Irvine, The Irvine Company, County and State have contributed toward the construction of the EAP facilities, County is operating, administering and maintaining the two existing in- channel basins ' in San Diego Creek constructed as part of the EAP, and State is operating, administering, and maintaining the excavated basin below Jamboree Road in ' Upper Newport Bay constructed as part of the EAP; and WHEREAS, the analysis of the causes, nature, and extent of the sedimentation problem has been completed and information on the sources and amounts of sediment is now available so that a sedimentation control program can be implemented; and WHEREAS, the Newport Bay Watershed -San Diego Creek Comprehensive Stormwater Sedimentation Control Plan, hereinafter referred to as "Sedimentation Control Plan ", has been completed; and ' - 3 - ' WHEREAS, the recommended facilities phase of the Sedimentation Control Plan includes building additional in- channel facilities in San Diego Creek and additional sediment control facilities below Jamboree Road; and WHEREAS, Newport Beach, Irvine and The Irvine Company anticipate entering ' into a separate agreement with County for the construction of additional in- channel facilities in San Diego Creek; and ' WHEREAS, the other elements of the Sedimentation Control Plan along with additional in- channel facilities and additional sediment control facilities in the Bay below Jamboree Road comprise an economical plan for reducing the ' further sedimentation of the Bay; and ' WHEREAS, the Parties recognize the need for a Management Plan for the Reserve which incorporates a Sediment Element along with enhancement of the ' Bay and other features necessary for the Reserve. This Agreement is intended to implement only the sediment control facilities as shown on ' Exhibit A attached hereto and hereinafter called "Sediment Control Facilities "; and WHEREAS, the Parties wish to join together to accomplish the construction, operation, and maintenance of the Sediment Control Facilities; and ' WHEREAS, the proposed Sediment Control Facilities will improve fish and wildlife values in the Bay. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the respective Parties hereto do agree as ' follows: - 4 - Section 1. Definitions. Capital Outlay: That portion of the budget devoted to the design and construction of Sediment Control Facilities. Local Funds: Funds provided by Newport Beach, Irvine, County, District, and The Irvine Company, as distinguished from State funds, grant funds, and other financial support. Maintenance: Work required to restore the Sediment Control Facilities to their as -built capacity and condition, including periodic removal of sediment and repair of damage. Management Plan: A plan for the Reserve which incorporates but is not limited to the facilities required for sediment management in Upper Newport Bay as shown on Exhibit A. Phased Implementation Program: The scheduling of the construction and maintenance of the Sediment Control Facilities over a sufficient period of time to allow the acquisition of State funding, grant funding and other outside funding, to the extent possible and to allow the Parties to plan and budget their financial contributions. Sediment Control Facilities: The Sediment Control Facilities contemplated in this Agreement are shown on the attached Exhibit A which by this reference is made a part of the Agreement. The Sediment Control Facilities as shown on Exhibit A include a plan for construction, cost estiinates, a Phased Implementation Program, and an operations plan. The Sediment Control Facilities are divided into two units which are defined as Unit I and Unit - 5 - II on Exhibit A. They may not be changed without the written approval of all Parties. They are deemed to be those facilities that will substantially control the fine sediments which will not be trapped by the in- channel facilities in San Diego Creek. Sedimentation Control Plan: The study prepared for Newport Beach, Irvine, and the Southern California Association of Governments entitled, "The Newport Bay Watershed: San Diego Creek Comprehensive Stormwater Sedimentation Control Plan ", August 1983 by Boyle Engineering Corporation. Section 2. Purpose. This Agreement is made for the purpose of constructing the Sediment Control Facilities, and providing a permanent mechanism for operating and maintaining them. Section 3. Management Plan. The State is developing a Management Plan for the Reserve which incorporates a Sediment Element which will include the Sediment Control Facilities attached as Exhibit A. Since State owns the Reserve and is fully responsible for its development and operation, State will be Lead Agency in compliance with the California Environmental Quality Act. Since it is the intent of this Agreement that the other Parties provide financial assistance to State toward the construction, operation, and maintenance of the Sediment Control Facilities, State will consult with the other Parties in developing the Sediment Control Facilities, and will not adopt or later modify those portions of the Management Plan without the written concurrence of all the other Parties. With termination of this Agreement State will be free to modify the Management Plan without prior approval of the other Parties. - 6 - ' State will bear the cost of the development of the Management Plan and will ' process all environmental documents, obtain all permits, conduct all hearings, and secure all approvals required. The other Parties will assist State in the development and public processing of an acceptable Management Plan and Sediment Element. Section 4. Eligible Facilities. Sediment Control Facilities as shown on Exhibit A are eligible for financing of project administration, construction and maintenance under this Agreement. ' Section 5. Executive Committee. This Agreement will be administered by the Executive Committee provided for in the agreement entitled COOPERATIVE AGREEMENT SAN DIEGO CREEK /UPPER NEWPORT BAY WATERSHED, dated September 30, 1983. The Executive Committee shall meet as necessary, ' and in accordance with the objectives of Section 15, but at least once every six months. The Executive Committee shall make recommendations to the Parties toward accomplishment of the objectives of this Agreement; approve budget recommendations to the Parties for capital outlay, operation and maintenance, contract administration; provide communications among the Parties; evaluate policy options; develop strategy; implement decisions; and monitor performance. The Executive Committee may appoint subcommittees as needed. Section 6. Phased Implementation Program. The Phased Implementation Program incorporated in Exhibit A is adopted by the Parties. The Phased Implementation Plan shows the construction of Unit I of the Sediment Control Facilities as first priority work to be initiated within eighteen months from the signing of this Agreement. Unit II of the Sediment - 7 - Control Facilities is shown as work to be carried out over several years following completion of Unit I. The Executive Committee will review the Phased Implementation Program each year. The Phased Implementation Program shall be adjusted as necessary to reflect progress made in implementation, availability of funding, and the funding requirements for maintenance work; however, in any event it is the Parties' objective that the construction of both units of the Sediment Control Facilities shall be completed within ten years after its original approval. Section 7. Financing for the Construction and 'Maintenance of Units I and II. (a) Unit I. It is agreed that upon execution of this Agreement each Party will fund in its 1984 -1985 fiscal year budget or otherwise make available in the 1983 -1984 or 1984 -1985 fiscal year its apportionment of the construction of Unit I as set forth in Section 8 and deposit its apportionment by October 1, 1984 with the Party administering the project. (b) Unit II. It is agreed that the budgeting and depositing of funds for the construction of Unit II will take place through the routine annual process described in Section 15. It is agreed by the Parties that every reasonable effort will be made to finance their apportionments for the construction of Unit II as set forth in Section 9. (c) Maintenance. It is agreed that the budgeting and depositing of funds for the maintenance of Unit I and Unit II will take place as . described in Section 15 and in accordance with the apportionments set forth in Section 10. Section 8. Basis for Distribution of Costs for Construction of Unit I of the Sediment Control Facilities. The Parties agree that the cost - 8 - of constructing Unit I of the Sediment Control Facilities will be apportioned as follows and that the cost of construction includes all the costs for project documents, administration, engineering, approvals, rights of way, and inspections: Party Apportionment State $2,662,000 The Irvine Company 623,325 Newport Beach 124,310 District 118,990 Irvine 11,170 County 7,992 Total $3,547,787 Should the funds available for Unit I from State within eighteen months of the signing of this Agreement be less than $2,662,000 as shown above, Unit I will be reduced in scope to meet the available funds and the Local Funds contribution for Unit I will be reduced proportionately and a new exhibit to be called Exhibit B showing the new scope, costs, and schedules of Unit I and Unit II, will be developed immediately by State and submitted for approval by each of the Parties. When approved by all of the Parties, Exhibit B will be attached to this Agreement and replace, for the purposes of this Agreement, Exhibit A. Further adjustments to the Exhibit may be made by unanimous approval of the Executive Committee. Should portions of the State funds identified in this Section be made available at different times, Unit I may be subdivided into more than one project and each of the Parties will pay their share in the same proportion as shown above. Party Percentage State 75.00 The Irvine Company 17.51 Newport Beach 3.45 District 3.32 County 0.45 Irvine 0.27 100.00 Section 11. Factors Used in Arriving at Apportionments. The various factors set forth in Section VI, C of the "Sedimentation Control Plan" were taken into consideration in arriving at the apportionments in Section 8, Section 9, and Section 10. ' Section 12. Adjustment of Apportionments. The percentages set forth in Section 9 and Section 10 may be adjusted by unanimous vote of the Executive Committee. Any Party requesting an adjustment must submit information supporting the need to reapportion the distribution of costs set forth in Section 9 and Section 10 based on new information being provided or change of conditions. It is agreed that adjustments in the type and extent of land use and jurisdictional boundary changes will be among the bases for the adjustment of percentages in Section 9 and Section 10. ' Section 13. Reimbursement of Party's Advances. An advance contribution of $9,250.00 has been made by The Irvine Company to facilitate ' hiring experts to assist the State in developing Exhibit A. These funds are to be credited to The Irvine Company's share of the first project to be built. Should additional advances be proposed by any Party and approved by - 11 - the Executive Committee they will be credited to the contributing Party's contribution for the next project. Section 14. Contract Administration. The following applies to contract administration for construction or operation and maintenance of projects: (a) The Executive Committee will designate one of the Parties to administer the project or projects approved. Administering a project includes arranging for the preparation of project documents including but not limited to soils analyses, surveys, plans, specifications, bid documents, approvals, rights of way, collecting and disbursing funds and other administrative functions normally associated with public works projects. The cost of project documents is eligible for financing under this agreement provided that such costs are in the approved Executive Committee budget. All Parties will be consulted in the development of project documents. When bids have been opened, if the lowest responsible bids for the projects exceed the amount budgeted, the Party administering the projects will not award contracts without deposit of the necessary additional local funds by each Party in proportion to its.percentage. Should all such deposits not materialize the administering Party may with the approval of the Executive Committee proceed with a contract at a reduced level, may arrange for other Parties to voluntarily contribute the deficiency, or may terminate the project. (b) Prior to advertising any contract for construction or maintenance of Sediment Control Facilities, the Party administering the project will collect the contributions from the other Parties. State will accomplish the advance of its share through a joint powers agreement with - 12 - the Party administering the project. State procedures prevent such a itransfer of funds to private parties. (c) Upon completion and acceptance of each contract the Party administering the contract will render a final accounting. If the cost is less than the amount on deposit, the Party will issue a refund to the other IParties on a pro rata basis in relation to their original contribution. (d) The Party administering the project will maintain complete and accurate records for the term of the project and three years thereafter and make them available to any of the other Parties for audit. The Party's necessary and reasonable administrative costs for administration of the project shall be reimbursable under this Agreement and shall be budgeted as part of the project costs. Section 15. Budgeting. The following provides the objectives for the annual budgeting for construction of Unit II and operation and /or maintenance: By March 1, or as soon thereafter as possible, State will identify a project or projects to be implemented (capital outlay or operation and maintenance) in the fiscal year commencing approximately sixteen (16) months later and for the year 'thereafter based upon the Phased Implementation Program. State will present an analysis of funding requirements to the Executive Committee including the estimated cost of the proposed projects for both years, ' estimated grant funding, estimated funding to be provided by the Parties, and estimated contributions of the Parties. By April 1, or as soon thereafter as possible, State will request a budget ' meeting of the Executive Committee and present a budget recommendation. - 13 - Adoption of the budget will require the unanimous approval of the Executive ' Committee. The Executive Committee will recommend the budget to the Parties and designate a Party(ies) to administer the project(s) for both fiscal years. By August 1, upon approval of the budget by the Executive Committee, State will present a statement to each Party indicating the Party's contribution toward funding the project budget for the following fiscal year. By October 1 of the fiscal year in which construction is proposed, the Party administering the project will collect from each Party its share of the cost of the project. ISection 16. State, Grant and Other Financial Support. State will be the Lead Agency for State, grant and other financial support applications. The other Parties will support the lead agency's efforts in preparing applications and in encouraging favorable consideration of the applications by funding agencies at their own expense. It is contemplated ' by the Parties that substantial financial assistance in the construction, operation, and maintenance of approved Sediment Control Facilities will be forthcoming. Section 17. Monitoring. A monitoring program to gage sediment movement in San Diego Creek will be developed and agreed to by the Parties in a separate implementation agreement. Section 18. Term. The term of this Agreement shall commence upon approval and execution of this document by each and every Party and ' shall continue for so long as is necessary to carry out the purposes of this - 14 - Agreement but not to exceed ten years from date signed. It may be extended beyond ten years upon written unanimous approval of the Parties. Section 19. Termination and Amendment. (a) This Agreement may be terminated or amended at any time by the unanimous consent of the Parties, or as otherwise provided herein, except that no termination or amendment may be made which is contrary to any contract and /or grant agreement entered into by Party(ies) for the purposes approved by the Executive Committee or with any other Department or branch of the State or with the United States of America or any other outside source of funds for the purpose of implementing this Agreement. (b) Subject to Section 19(a), the failure of the Executive Committee to adopt a budget as provided in Section 15 shall terminate this Agreement, unless the Executive Committee has concluded that no funds are needed in the ensuing Fiscal Year for capital outlay, operation and maintenance, and Administrative Costs. (c) This Agreement may be suspended for one or more years by unanimous vote of the Executive Committee should any Party not be able to contribute its share of the funds and if the other Parties do not wish to assume the unmet contribution. At the time any suspension is agreed to, the length of time of the suspension will also be agreed to and the Executive Committee shall be responsible for reinitiating its functions as described herein following the suspension period. Section 20. Additional Parties. Additional entities may become parties to this Agreement with the unanimous consent of the Parties. Section 21. Liability. It is mutually understood and agreed that merely by virtue of entering this Agreement each Party neither - 15 - relinquishes liability for its own actions nor assunes liability for the 1 actions of the other Parties. It is the intent of the Parties that the liability, if any, of each Party shall remain the same while this Agreement is in force as it would be without the Agreement. This Agreement represents a cooperative effort to accomplish the construction of an important public project. It is based upon compromise taking into account the benefits to and interests and responsibilities of the Parties. Neither the Agreement itself, nor any provision herein, shall constitute an admission or be used by any person as evidence of liability of any kind against any of the Parties. The Parties designated to administer the projects will require each and every contractor involved with the project to obtain and to maintain throughout the term of their contract, liability insurance with limits of bodily injury coverage of not less than $100,000 per person and $300,000 per occurrence and property damage limits of not less than $50,000 per toccurrence, which names the Parties hereto, their officers, agents, employees and servants as additional insureds and which will not be cancelled by the insurer without fifteen (151 days prior written notice to the Party administering the project. ' Section 22. Availability of Funds. The State's obligation hereunder is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the State to expend or as involving the State in any contract or other obligation for the future payment of money in excess of appropriations authorized by law. Section 23. National Labor Relations Board Certification. In Isigning this agreement, each Party certifies under penalty of perjury that 16 - no, or that no more than one final unappealable finding of contempt of court by a Federal court has been issued against that Party within the immediately preceding two -year period because of the Party's failure to comply with an order of a Federal court which orders the Party to comply with an order of the National Labor Relations Board. Section 24. Nondiscrimination. During the performance of this Agreement, the Parties shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. The Parties shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Parties shall give written notice of their obligations under this section to laoor organizations with which they have a collective bargaining or other agreement. The Parties designated to administer the projects shall include the non - discrimination and compliance provisions of this section in all contracts to perform work related to the project. - 17 - Exhibit "A" Draft 1 -9 -84 Upper Newport Bay Sediment Control Facilities This Exhibit identifies the Sediment Control Facilities (Table 1) to be constructed as part of the Upper Newport Bay Enhancement Program (Figure 1). These facilities are designed to localize the deposition of fine sediments delivered from San Diego Creek. At the same time they will provide benefits to the fish and wildlife resources of the Upper Newport Bay Ecological Reserve. The construction of the Sediment Control Facilities is phased in two units (Tables 2 and 3). Implementation of both units will be required to provide efficient sediment capture and protect the wildlife values of the Bay. Following construction of Units I and II periodic maintenance will be required to maintain the efficiency of the system. Maintenance operations will be instituted when the average invert elevation of either the saltworks basin or the "Narrows" channel reach -1.0 MLLW' ,( -4.0 MSL). This elevation has been selected as the trigger for initiating maintenance operations to insure the preservation of fish and wildlife values associated with lower intertidal and subtidal elevations. At this elevation, the saltworks basin will have a capacity of 150,000 cu. yds. while the "Narrows" channel will have a capacity of 130,000 cu. yds. Maintenance dredging may not be required more often than once every five years. This is an estimate based upon projections contained in the 208 Sediment Source and Delivery Analysis prepared by Boyle Engineering. With installation of three additional upstream facilities the Boyle report indicates that approximately 50,000 cu. yds. of sediment will be delivered to the bay on an average annual basis. If the in -bay facilities were 100% effective, maintenance would be required every five years. Boyle though has calculated that the saltworks basin is only 30% effective indicating that maintenance would not be required more frequently than once every 7 to 10 years. Periodic maintenance based upon the criteria outlined above may require the removal of approximately 250,000 cu. yds. of material. Based upon 1984 cost estimated for hydraulic dredging and ocean disposal ($7.50 /cu. yd.), this would require the expenditure.of approximately $1,875,000. ' Figure 3 provides a phased implementation schedule for construction and maintenance of the Sediment Control Facilities.' I I Table 1 UNBER Sediment Management /Enhancement Project; Quantity and Cost Estimates* *Costs based on 1984 estimates +Yardage estimate may change following survey Element Cubic Yards Rate Cost A. Saltworks Improvements A -1 Island Removal 41,000 $3.50 $ 143,000 A -2 Deepen basin to -4.0 MLLW 330,000 $5.00 $1,650,000 A -3 35+ acre expansion 290,000 $4.00 $1,162,000 661,000 $2,955,000 B. Channel widening saltworks .. - main dike; 500 feet wide to -0.0 MLLW 100,000 $5.00 $ 500,000 C. Subtidal Channel Main Dike - Narrows: 500 feet wide to -4.0 MLLW+ 330,000 $7.50 $2,475,000 D. Remove 1,000 foot section of main dike 26,000 $5.00 $ 130,000 E. Down -bay dredging to provide dredge access+ 50,000 $7.50 $ 375,000 Project Totals 1,167,000 $6,435,000 *Costs based on 1984 estimates +Yardage estimate may change following survey RN a a F a a E- rn � S i 1 f m 4�Cd 0 E rl m o CU {. m 4a . x o U >a C b O W 4 f N o h � 1 t, m to a c0. ❑ 0. ID c. i W E cn � 3 O 1 °b Iz t0. a] 3 m a ti c°1o£ 0 '2 _-j U 3 1 ma v° m �w v > > o o M N F >N f. ..7 O •. vCa U F. A •O E'O 0 a m S i d O o N S. H CL 3 N 0 N ..ri m > �+� x m NC.4 N 0 fY. A w 0 0 N ' 0 d. xn y r-1 C c] co 0 cy r C •rC+ M W rl d C C G1 C 'p N •0 v Y m O E d V •0 U r d '0 i+ C x o.l v O m m A h m m� E > `" 4 > 1 N r,Cj � rl rl r-1 •O GI U O E V C 0,0 .+ t x O Cs •� 3 .+ W to i 1 f m 4�Cd 0 E rl m o CU {. m 4a . x o U >a C b O W 4 f N o h � 1 t, m to a c0. ❑ 0. ID c. i W r Table 2 Unit I Upper Newport Bay Sediment Control Facilities* Element A. Saltworks Improvements A -1 Island Removal A -2 Deepen basin to -4.0 MLLW A -3 35+ acre expansion C. Subtidal Channel - main dike to the Narrows and down bay dredging required for equipment access Total *Costs based on 1984 estimates r r 1 r 1 1 t Cubic Yards 41,000 330,000 290,000 661,000 79,000 740,000 Rate Cost $3.50 $ 143,000 $5.00 $1,650,000 $4.00 $1,162,000 $2,955,000 $ 592,787 $3,547,787 l •� N N � TA IL 03 ap _ a Ctl z. � F r 3 mp ca a 3 _ a� fl cd L'-t fu .0 N a o Table 3 Unit II Upper Newport Bay Sediment Control Facilities* Element Cubic Yards Cost B. Widen channel between saltworks 100,000 $ 500,000 and main dike C. Complete subtidal cannel main dike — Narrows 251,000 $1,882,500 D. Main dike removal 26,000 $ 130,000 E. Down bay dredging to provide dredge access as necessary 50,000 $ 375,000 Total 427,000 $2,887,500 *Costs based on 1984 estimates lCost and yardage estimate depends upon amount of material removed in Unit I 2Cost and yardage may vary depending upon hydrographic survey and material removed as part of Unit I H OD O i4 w v .o M u m .0 d G a0i W � p4 an r:: m a a u C v m U3 v m m m x P4 1 CD CD 0 O N O O O N ON O� O% O% co O� co m m O\ N T O\ b O� O� u'f d _ a cn o. m \ N O� N C% \ rn rn 0 rn 0 rn \ C% m m m \ m m m m \ G n m n G C m o \ O u co m u .o u •� u co u \ u C co H Gtl m CO 7 D U co m C El \ TId G G C •O o O u u u •� u H u H u C N H Gtl y.� CO 7 D U C El G G •r G G U C C a W U R C W fei S