The URL can be used to link to this page

Home My WebLink AboutC-7127-5 - San Diego Creek Trash InterceptorCITY OF NEWPORT BEACH 100 Civic Center Drive, Newport Beach, CA 92660 NOTICE INVITING BIDS Bids shall be submitted electronically to PlanetBids, by 10:00 AM on the 91h day of May, 2023, at which time such bids shall be electronically opened and read for SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 $2,620,000 Engineer's Estimate Approved b James M. Houlihan Dep6ty Public Works Director/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings via PlanetBids.- http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 REQUIRED PRE -BID SITE WALK BY PRIME CONTRACTOR: A required job walk will be conducted for this project on April 11, 2023. See Instructions to Bidders for details. - - ---- — ---- - - ------ _- Hard copy drawings are available from Mouse Graphics at (949) 548-5571, 659 W. 1 9th Street, Costa Mesa, CA 92627 Contractor license required for this project: Class A. And, Contractor, or one of its subcontractors, license required for this project-, Class C-27. For further information, email Robert Stein, Project Manager at rstein(a)-newportbeachca.gov BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newr)ortbeachca.gov/qovernment/data-hub/online-services/bids-rfps- vendor-registration City of Newport Beach SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO DRAWINGS, SPECIFICATIONS, AND OTHER CONSTRUCTION DOCUMENTS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) Bids will electronically be opened following Bid Opening Date (Bid Due Date) and the bid results immediately posted on PlanetBids. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). 2. A mandatory pre -bid site walk will be conducted on April 11, 2023 at 9:00 AM. The meeting shall be attended by the company owner, company officer, or senior -level superintendent. Please email Hayley Mackay at hmackay@newportbeachca.gov prior to the meeting date. Include your name, title, contact information, and the names of any additional attendees. A map showing the meeting location and potential parking areas will be emailed to you. 3. The on-line bid package, including the drawings and specifications, is complete. However, note that it is anticipated that an addendum will be issued the week of April 10t' that will include more design details for the catwalk, winch system and foundation, and light pole foundation. 4. Note that the apparent low bidder will be required to meet with City staff prior to project award to discuss in detail: requirements of the construction documents, bid proposal, Contractor's and subcontractors' related experience, and the proposed scope of work for each subcontractor. 5. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has be n reviewed. 709151 A. B, HAZ Ih of Financial Officer Contractor's License No. & Classification Arorizej-gwure it le 1000002928 expires June 30, 2025 DIR Registration Number & Expiration Date WHIGEMPFIMOreMION 1 :.e NTM »1 May 25, 2023 Date City of Newport Beach SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid --------------------_----.__--------.-_--------.--.- __________..____.__-___________ Dollars ($ 10% ofAmount bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PROJECT TITLE, Contract No. XXXX-X in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 24111 Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety Go Performance Bonding Surety & Insurance Brokerage 15901 Red Hill Ave., Suite 100 Tustin, CA 92780 Address of Surety (714) 505-7011 Telephone day of May 12023. BY: Authorized %natur itle M Authorized Melissa Lopez, Attorney -in -Fact Print Name and Title 0" sUq nFL (Notary acknowledgment of Principal & Surety must be attached) M. * * * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Melissa Lopez As true and lawful Attomey(s} in -Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows ALL WRITTEN INSTRUMENTS Principal: Jilk Heavy Construction, Inc. Obligee: City of Newport Beach and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and saki officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the presidentany vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seat when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 20th day of September 2022 OLD REPUBLIC SURETY COMPANY AL ik Assistant Seueta,y F`k .` President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 20th day of September 2022 personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the some, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seat affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. t`r°�h'•� Li��L�Li't• ' e Blh�` .'.�V64�'f V Notary Public My Commission Expires: September 28. 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. e ! Wo°n•t�\p P a e�i SBAL ii Signed and sealed at the City of Brookfield, WI this 24th day of May 2023 % a'a ��W,IiI,1ffY�" ORSC 22262 r3'08i Assistant Secrete y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange } On May 25, 2023 before me, Anna Lisa Paila, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/sho4my executed the same in hislhedtheir authorized capacity(kn), and that by his/her/t6eif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. *my ANNA LISA PAILA Notary Public • California Los Angles County Commission#2326674 Comm. Expires May 14, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature '44� '�&'qnatA of Notary Public Place Notary Seal Above OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: March 24, 2023 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s): Chief Financial Officer O Partner — ❑ Limited ❑ General 0 Individual ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jilk Heavy Construction, Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: 02015 National Notary Association •Jwww.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) >Uex'ii:4 ► III � A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 9 (seal) City of Newport Beach SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Jilk Heavy Construction, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. A firm's total gross revenue for the past three years shall be at least $10,000,000 with a minimum annual gross revenue of $2,000,000. State your firm's gross revenue for the last three years: Year 2022 ($):�� Year 2021 ($): Year 2020 ($): 3 a 33N tW For all public agency projects you have worked on (or are currently working on) in the past 4 years in excess of $1,000,000, provide the following information: No. 1 Project Name/Number Scorpion Pier Project Description Construct new pier Approximate Construction Dates: From 11/2019 Agency Name U.S. National Parks Service Contact Person Dane TO:12/2022 Telephone 003) 969-2398 Original Contract Amount $15 MilliorFinal Contract Amount $-20 Million If final amount is different from original, please explain (change orders, extra work, etc.) Change in lift platform and differing site condition with drilling piles Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No. 4 Project Name/Number Marine Safety Builders Repairs Project Description Various repairs to the marine safety building and bulkhead Approximate Construction Dates: From 09/2019 To:10/2020 Agency Name City of San Clemente Contact Person Amir Telephone 049 361-8322 Original Contract Amount $1.3 Milliq*gnal Contract Amount $1.7 Million If final amount is different from original, please explain (change orders, extra work, etc.) Added scope including re -roofing Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Santa Monica Pier Deck and Nail Patrol Project Description Repairs to deck at Santa Monica Pier Approximate Construction Dates: From 09/2018 Agency Name Santa Monica Contact Person Carlos Collard To: 09/2023 Telephone (31 9 458-8974 Original Contract Amount $ 438,OOO.Ral Contract Amount $1.2 Million If final amount is different from original, please explain (change orders, extra work, etc.) City exercised all options to extend the contract Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 z 0 O Y p 0 cN c O V m m C� O Z O Z O Z y y >- .0 O ZI O ZI O z O ZI O ZI O Z O ZI O Z ai a. 0 o O v O c w' c ro v �x E Q c c a m 3 c a -0 w c O E m � o Cl y c O E c at aa)0 ?' y m �c � a m e .1 �' .p Q a` w z Q ¢ z n' c c c c c c c c c c c c o 0 0 0 0 _o 0 0 o a o 0 C 00 fV m In V fN O li Q h i!F vi N V VF C Vl M V} rV V? N {n N V! �4 Vn 14 V} •4 VT �4 In C C O C O c O C O c O C O C O C O c O C O C O C O 00 O N O N O Q I� .n U1 vT V .ppn m in N 4n C oppf fV to N 4n �••1 v� rl .n ri Vn `•I V� N O lD tJ1 N Ol t0 N h rl N V�i CCh11 O C 8 h O e00 O O O eq N O O pC .-i rn u1 m 00 Ohl 00 In M N 00 M h�y 00 rcl} 00 .-1 C 00 h O1 d IV N O W N N W m e-1 eJ' tD N N W O M 00 M Oh1 m N D m �• 1 t11 h v N s 4 m N N N V N o o .m Y u N N u in 0 N W O Y on .�.. C ` e0 a m c c w w 10 v m c u° o m z a:O E cQ c u c o" 0 ol > o m G L y U 6J y � U L u m � W Q1 Cl L aJ E m m c ¢ o J m c Co ` c c Q c Q m c Q m la to aJ u O q J N J T O d x J J° Ja ID Vi J G O O O O C O O O p O O O �+ LT 0 Z p 0 2 Y �.7 i L?' Lt 00p 4 u U a U U a V V 0 0 V 0 a) Ol 'i N M N N Vt N ON N N NO N N 0 N N m N ON M N N N N C) N N N 0 N N C \ � \ M \ M \ � m m \ N \ h \ \ 1 \ \ N F c 00 N N m N o N m 00 m N N N o N o N m N r N V x e-1 N N O O e-1 O ei N O O O O O O a a �. O] M \ � 1 C \ �-1 \ '•1 \ M \ V \ Ci \ tD \ N \ R \ 00 CL O Q u`. N m n a, m 3 — 3 a m a v -0m m ° m O G y Y y R C C Y C N V ai m V 0� 61 d N a, 5 V u °J a a C y a cn ^ u ii y u m -ro— u 10 O O. '76— a' v c c u m y y [D c 0 0. a U c a E U c mo a ° a m N a z cc O m r O¢ w c c m w m c aJ m d Ln N m m > O a N L Tf m m h N m m C G = N C C. C N y y Z U �' L V aOC -a j '= 100 d Y as E d d c a 00 x y 5 y m m y a a a m w E 'O E w a v m _a e a Z Y U w m o M 3 0° m ma a v c L ; m >° o - w a c a -, 2, '—` E aN' a v, .E O z O z in 2 F: O m > m m 0 w m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On May 25, 2023 before me, Anna Lisa Paila, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/af& subscribed to the within instrument and acknowledged to me that he/>1#1e **y executed the same in hisMeWUleir authorized capacity(iea), and that by his/laer/tom signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. *my ANNA LISA PAILNoury Public • CaliforniaLos Anyeies County Commission 0 2126674 Comm. Expires May 14, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ture of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Non -Collusion Affidavit Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s): Chief Financial Officer ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jilk Heavy Construction, Inc. Number of Pages: 1 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) item #5907 City of Newport Beach SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Jilk Heavy Construction, Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts 1 /! °I 43 48 39 58 Total dollar Amount of �ry M Contracts (in1� ' t<� .�!" 1 $22.1 $32M $31 M $37M Thousands of $ No. of fatalities (1 0 0 0 0 No. of lost f-� 0 Workday Cases 1 0 3 3 No. of lost workday cases 0 0 0 0 involving r, V permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange )} On May 25, 2023 Date personally appeared _. before me, Anna Lisa Paila, Notary Public Here Insert Name and Title of the Officer Jeremiah Jilk Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name() isl4VO subscribed to the within instrument and acknowledged to me that he/s%je/tINy executed the same in his/I}'#/tV#r authorized capacity(ies), and that by his/hdr/tMf r signature(s) on the instrument the person($), or the entity upon behalf of which the person(j) acted, executed the instrument. Notary Public • California Los Angeles County Commission x 2326674 16my Comm. Expires May 14, 2024 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V� Signature ---- oture of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Contractor's Industrial Safety Record Document Date: May 25, 2023 NumberofPages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk G Corporate Officer — Title(s):Chief Financial Officers Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. Jilk Heavy Construction, Inc. .2019 National Notary Association City of Newport Beach SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Jilk Heavy Construction, Inc. Business Address: 500 S. Kraemer Blvd., Suite 380, Brea CA 92821 Telephone and Fax Number: T (310) 830-6323 F (310) 835-2163 California State Contractor's License No. and Class: 709151 A, B, HAZ (REQUIRED AT TIME OF AWARD) Original Date Issued: July 5, 1995 Expiration Date: July 31, 2023 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone James F. Jilk, President 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 Joshua Jilk, Vice President 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 Jeremiah Jilk, Chief Financial Officer 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 Corporation organized under the laws of the State of California 19 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Jilk Heavy Construction, Inc. Bidder Jeremiah Jilk UCor name f Owner or President porati /Company) Chief Financial Officer uthorized Sign/Title Chief Financial Officer Title May 25, 2023 Date On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 (SEAL) City of Newport Beach SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratinq Guide: Property -Casualty. Coverages shall be provided as specked in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 SAN DIEGO CREEK TRASH INTERCEPTOR CONTRACT NO. 7127-5 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11t" day of July, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JILK HEAVY CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 500 S. Kraemer Blvd, Suite 380, Brea, CA 92821, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The Trash Interceptor (San Diego Trash Wheel) project includes a waterborne vessel and boom system supported by a landside rail system and solar power generation unit, as well as other landside improvements and site restoration (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7127-5, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Million Nine Hundred Eighty One Thousand Seventy Four Dollars ($3,981,074.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated David Van Wagner to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Jilk Heavy Construction, Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jeremiah Jilk Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd, Suite 380 Brea, CA 92821 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of Jilk Heavy Construction, Inc. Page 3 conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Jilk Heavy Construction, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Jilk Heavy Construction, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be Jilk Heavy Construction, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Jilk Heavy Construction, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Jilk Heavy Construction, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Jilk Heavy Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: e • 3 • 2—S By: ro C. rp Vi Ci Attorne ATTEST: 11. Date: 70 By: , Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation -4-- CONTRACTOR: JILK HEAVY CONSTRUCTION, INC., a California corporation Date: Signed in Counterpart By: Jeremiah Jilk Chief Financial Officer and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Jilk Heavy Construction, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: j>• 3 • 2-S By: J—� �r � C. a`rp Ci ttorne ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor CONTRACTOR: JILK HEAVY CONSTRUCTION, INC., a California corporation Date: $- H' 23 By: J*rmh *Ji I Chief Financial Officer and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Jilk Heavy Construction, Inc. Page 10 Needed in Duplicate Original Bond No. WCN7449072 EXHIBIT A Premium: $29,923.00 Subject to Change Based on Final Contract Price CITY OF NEWPORT BEACH BOND NO. VVCN7449072 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Jilk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for the Trash Interceptor (San Diego Trash Wheel) project includes a waterbome vessel and boom system supported by a landside rail system and solar power generation unit, as well as other landside improvements and site restoration in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Old Republic Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Million Nine Hundred Eighty One Thousand Seventy Four Dollars ($3,981,074.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Jilk Heavy Construction, Inc. Page A-1 by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 26tn day of July , 2023� Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety 500 S . Kraemer Blvd., Ste 380 Brea , CA 92821 Address of Surety (310) 505-7515 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9 • /• z,:;. By: §;yy n C. H Attorney YW; Chief Financial A thorized Signa Authorized Age t i atu Officer Melissa Lopez, Attorney -in -Fact ¢ � 00 S Print Name and Title two Y,_ c NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jilk Heavy Construction, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On J U L 2 6 2023 , before me, Christina Marie Rogers , Notary Public, personally appeared Melissa who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. 16my CHRISTINA MARIE ROGERS Notary Public - California Orange County T Commission # 2305241 Comm. Expires Sep 14, 2023 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNA Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo nia County of c, SS. On at,4 3 2D23 , 20 before me, Notary Public, personally appeared .c c.c r , who proved to me on the basis of satisfacto evidence to be person(s) whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/site/they executed the same in his/hor/their authorized capacity(ies), and that by his/her/their signatures(s� on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my ANNA LI:A PAILA Notary Public - CaliforniaWITNESS my hand and official seal. Los Angeles CountyCommission ; 2326674 Comm. Expi'es May 14, 2024 P Cnattur (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ? ss. On , 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Jilk Heavy Construction, Inc. Page A-3 * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be _fG__A +kt, 13th day of March 2023 l�nt Secreta STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS `0e��1,5URFrr ; a� W to•roMTe CO s g SEAL ;� re x Xt 1�4_ OLD REPUBLIC SURETY COMPANY President On this 13th day of March 2023 , personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. yN R 4o- . ..ta Notary Public o My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. e YrQ /�u•ro••r� -, O 740053 g SEAL >° Signed and sealed at the City of Brookfield, WI this ORSC 22262 (3-06) " 26th day of July It Secreta 2023 Performance Bonding Surety & Insurance �r it y OLD REPUBLIC SURETY CONIPANX A. 4.45 .` I'LLOW1aI1-1 S�SI ILI, SIHI4 _lI' I. B110. I cIJ 1t I I t `. I - I''1_ 5 . 1 ,._.�:...... ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of told Republic Surety Company. Old Republic Surety Company considers the electronic image of the fallowing corporate seal that is affixed to the bond(s) to be of the same effect as if the seal was physically stamped or impressed onto the bonds )_ ov" \0 SEAL All terms and conditions of the bond(s) remain unchanged. Signed and effective this twelfth day of Flay„ 2020. Old RZb1iiCASU.rety Company/ r _-, .Alan Pavlic, President (1I 1) RVPI:f11.1f' INSI'R MT GROUP Needed in Duplicate Original Bond No. WCN7449072 Premium: $29,923.00 EXHIBIT B Subject to Change Based on Final Contract Price CITY OF NEWPORT BEACH BOND NO. VVCN7449072 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $29,923.00 , being at the rate of $ Tiered Rate First $500,0000 @ $10.00 thousand of the Contract price. Next $21MM @ $7.50 WHEREAS, t e26i y of$'Iewport Beach, State of California, has awarded to Jilk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for the Trash Interceptor (San Diego Trash Wheel) project includes a waterborne vessel and boom system supported by a landside rail system and solar power generation unit, as well as other landside improvements and site restoration in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Old Republic Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Million Nine Hundred Eighty One Thousand Seventy Four Dollars ($3,981,074.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Jilk Heavy Construction, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of nJuly - 2023 Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety 500 S . Kraemer Blvd., Ste 380 Brea , CA 92821 Address of Surety (310) 505-7515 Telephone Chief Financial Officer zed S Authorized Melissa Lopez, Attorney -in -Fact Print Name and Title APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaro C. i ttorn NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jilk Heavy Construction, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j On JUL 2 6 2023 personally appeared Melissa before me, Christina Marie Rogers , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. LOp CHRISTINA MARIE ROGERS Notary Public - California z o Orange County g Commission # 2305241 My Comm. Expires Sep 14, 2023 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. 0A E-d, 0i I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Signer(s) Other than Named Above: ber of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif nia County of i e— ss. On 3f , 20 23 beforerme, a sa- Ca Notary ublic, personally appeared i , who proved to me on the basis of satisfact . evidence to VeAhe person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ature 00"'...,'My ANNA LISA PAILA Notary Public - CaliforniaLos Angeles County Commission k 2326674 Comm, Expires May 14, 2024 0"- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Jilk Heavy Construction, Inc. Page B-3 Ar * OLD Ar *- REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 13th day of March 2023 �"C'"suROLD REPUBLIC SURETY COMPANY V �aevoR�rE C04 o SEAL > 5= J C __--_-_ As_,. ant Secrets President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 13th day of March 2023 personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. yN R., P A ?pSAAy,': 11 .`' Af/96� •' Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. ;,OJT sunfr``; �pRPORRTt o 74 0053 = a SEAL ;> Signed and sealed at the City of Brookfield, WI this 26th 'o rRe ORSC 22262 (3-06) day of July ��t Secreta -. 2023 Performance Bonding Surety & Insurance 01"D REPUBLIC SURETY COMPANY 445 S M001 I I I L-I RO-1d, 5111 I C 200. Bwokf I c IJ %%I �3: — T F- 1 -10' " -'A'. ! - ':0.:' ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old Republic Surety Company. Old Republic Surety Company considers the electronic image of the following corporate -seal that is affixed to the bond(s) to be of the same effect as if the sea[ was physically stamped or impressed onto the bond(s)- All terms and conditions of the bond(s) remain unchanged - Signed and effective this twelfth day of May, 2020. Old R b7 y Company enu ,4ret B'V Alan Pavlic, President 411 D R1:P(:F11.1(- INSI-RAN(T GROUP EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence, ten million dollars ($10,000,000) general aggregate and ten million dollars ($10,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Jilk Heavy Construction, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance limits are exhausted by paid claims; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $10,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non - sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. Jilk Heavy Construction, Inc. Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is Jilk Heavy Construction, Inc. Page C-3 cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may Jilk Heavy Construction, Inc. Page C-4 review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Jilk Heavy Construction, Inc. Page C-5 City of Newport Beach SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. XXXX-X in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: May 25, 2023 Date T (310) 830-6323 F (310) 835-2163 Bidder's Telephone and Fax Numbers 709151 A, B, HAZ ilk Heavy Construction, Inc. Chief Financial Officer is Auttror4zAd Signature and Title 00 S. Kraemer Blvd., Suite 380 Brea, CA 92821 Bidder's License No(s). Bidder's Address and Classification(s) 1000002928 DIR Registration Number Bidder's email address: jeremiah@jilkhc.com PR-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-5 DATE: April 20, 2023 BY: De�uty ublic Works Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same A. MASTER CONTRACT — TITLE SHEET The submittal date is changed as follows, "Bids shall be submitted electronically to PlanetBids, by 10.00 AM on the 18th day of May, 2023, at which time such bids shall be electronically opened and read for SAN DIEGO CREEK TRASH INTERCEPTOR, Contract No 7127-5 " B. DRAWINGS See the revised Addendum 1 Drawings Changes or new information are shown on Sheets 5, 6, 7, 11, 13, 14, 15, 16, 17, 18, 19, and 20 Sheet 19 provides details for the catwalk. Sheet 20 is a newly added drawing showing details for the winch foundation, C. SPECIAL PROVISIONS 2-1 WORK TO BE DONE. 5. Landside Improvements Delete b. Access to Trash Interceptor, and replace with the following: "b Access to Trash Interceptor Access from the trash collection area to the Trash Interceptor is provided by a catwalk secured to the east side of the rail pier pilings, combined with a vertically -pivoting gangway ramp from the catwalk to a platform on the Trash Interceptor The gangway ramp slides on the landing end of the Trash Interceptor platform allowing vertical movement. If the floating Trash Interceptor rises above the (fixed) catwalk elevation during a heavy storm, gangway will rest on the trash interceptor in a fully -supported horizontal position and the hinge pin at the catwalk will allow the gangway to ride up vertical channels. This system prevents the gangway ramp from being submerged during storm events." 2-3.2 Self Performance. Delete the previous addition to this section and replace with the following: "The following Bid Items are designated as Specialty Items: Item No. 1: Mobilization Item No.20: Pile Removal Item No. 21: Pontoon, Railway and Boom Piles Item No. 22: Rail System Item No. 23: Pier Catwalk Item No. 24: Rail Cart Item No. 25: Gangway Ramp Item No. 26: Trash Interceptor Item No. 36: SCADA Control System" 2-5.3 Submittals. In Section C, the Pier Catwalk is removed from the list of pre-engineered or design/build tasks. The revised Section C reads as follows: C. "Submittals for Pre -Engineered or Design/Build Tasks. Contractor shall provide design submittals to Engineer for approval for the following project components: 1. Rail Cart 2. Gangway Ramp 3. Trash Interceptor System 4. Landside Solar Power System and Shelter Structure 5. SCADA Control System" 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete the first two paragraphs and insert the following: "The time of completion as specified in Section 6-7, shall commence on the date of the "Notice to Proceed". City will issue the Notice to Proceed as soon as the contract is executed. With timely contractor submittals of required contract documents, the Notice to Proceed is normally issued within 30 days after contract award. Contract award is anticipated for June 7, 2023. Once the Notice to Proceed is issued, Contractor can provide required submittals and shop drawings for Engineer review. Once shop drawings are approved by Engineer, Contractor may order those materials and/or begin fabrication. No on -site work shall begin until a pre -construction meeting has been conducted, the Stormwater Pollution Prevention Plan and Construction Staging Plan, are received and approved, and a schedule of work has been approved by Engineer. Contractor shall consider and address the following when preparing the work plan and schedule. • Because the project area is in a flood plain, the work plan shall be implemented in a manner to reduce exposure to large scale erosion. • Bird nesting season occurs from March 1 to August 31. • Tasks involving clearing, grubbing, grading and other ground disturbing activities shall be completed outside nesting season to avoid impacts to birds during nesting season. • Pile installation shall be substantially completed prior to the onset of bird nesting season. • Note that ground -disturbing activities may be allowed in August 2023 if the City's biologist determines there will be no impact to bird nesting. Contractor shall notify the Engineer at least 14 calendar days in advance if it is interested in starting construction in August 2023, • Other ground disturbance tasks such as placing the floating trash wheel or truck turnaround and roadway paving may have to be performed after bird nesting season if the City's biologist identifies impacts to bird nesting by those activities." 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs). Add to this section: "Construction Best Management Practices shall comply with the best management practices listed in the Section 10 of the California Coastal Commission's staff report adopted by the Commission on June 9, 2022 (Attachment 1) including Item 11 which states: 'All construction equipment shall use vegetable oil -based hydraulic fluids and/or biodiesel.' " 9-3 PAYMENT. Delete Item No. 23 and replace with the following: "Item No. 23: Pier Catwalk (Lump Sum]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; and furnishing labor, materials, tools, equipment, and incidentals necessary to complete the work in place. The Pier Catwalk includes fiber -reinforced (FRP) walkway grating, guardrails, connections, anchors, gangway guide frame, and other components required to provide an OSHA compliant access to the Trash Interceptor Gangway and along the extent of the Rail Pier " D. Supplemental Specifications Delete supplemental specifications 05 12 00, 05 51 40, 09 96 00, and 31 62 16 and replace with these section revised on April 13, 2023. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Addendum No 1 includes the following changes and clarifications made to the contract documents. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Jilk Heavy Construction, Inc. Bidder's Name (Please Print) May 25, 20 3 D e Chief Financial Officer Aut rized Signature Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Q� �ti,W PART U C`'qC / FO RN�P ADDENDUM NO. 2 SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-1 DATE: May 4, 2023 BY: !M✓ M -k-a� D Public Works Director/City Engineer TO: ALL PLANHOLDERS u The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same A. INSTRUCTIONS TO BIDDERS The following is added to Instruction No. 2: "A mandatory pre -bid site walk is only required for any Prime Contractor who will be submitting a bid. This requirement is not applied to any subcontractor that a prime contractor may place on its team. See Attachment 1 for the list of site visit attendees." B. SUPPLEMENTAL SPECIFICATIONS In the Supplemental Specifications, Section 35 51 40, Subsection 2.02 Geometry, delete Item D. Wheels and Axle and replace with: "D. Wheels and Axle: The wheels shall be polyolefin or aluminum with a molded -on polyurethane tread and roll-on, sealed Delrin bearings with a 1-inch axle, or other material that shall meet the loading and operation requirements and not exceed ambient noise levels during operation. The axle shall be stainless steel conforming to the provisions in ASTM A276, Type 316/316L, and shall pass through double plates welded to the frame." C. SAMPLE CONTRACT WITH INSURANCE REQUIREMENTS Attachment 2 is the sample contract, Please note the insurance requirements. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Addendum No. 2 includes the following changes and clarifications made to the contract documents. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Jilk Heavy Construction, Inc. Bidder's Name (Please Print) y 25, 2023 at Chief Financial Officer A orized Sig ure Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-1 DATE: May 9, 2023 BY: epu # Public Works Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. NOTICE INVITING BIDS Bids shall be submitted electronically to PlanetBids by 10:00 AM on Thursday, the 25t" day of May, 2023. at which time such bids shall be electronically opened. B. DRAWINGS The previous drawing set is replaced with the drawing set labeled in the upper righthand corner with date May 9, 2023. C. LINE ITEMS Line Item 38 — Fifteen Gallon Trees: The quantity is changed to 64 trees. D. SUPPLEMENTAL SPECIFICATIONS In the Supplemental Specifications, Division 40 — Scada Control System, Section 40 60 00 Scada Control System, Part 1 — General, Subpart 1.06 Quality Assurance reads in part: "A. General: 1. The Contractor shall provide the services of a single System Integrator (SI), to provide the material, equipment, labor, and services specified in Sections 40 60 00 — 40 70 00. The SI shall be subcontracted and under the direct supervision of the Contractor. 2. The SI and Electrical Subcontractor shall liase, coordinate, and provide the SCADA system requirements. 3. The communication, instrument and control systems may use Equipment of different manufacturers, but the System Integrator Subcontractor shall assume prime responsibility for the complete instrumentation and control system. 4. Contractor shall submit documentation for approval demonstrating the experience requirements of this article a minimum of two weeks prior to bid opening." Item 4 above is changed as follows: "4. Contractor shall submit documentation for approval demonstrating the experience requirements of this article within one week after bid opening for review by City to check that Contractor's System Integrator has sufficient expertise and experience to implement the required project tasks. An interview with the System Integrator may be required by City. Failure to demonstrate sufficient expertise and experience is grounds for not awarding the project to Contractor." Bidders must sign this Addendum No. 3 and attach it to the bid proposal. Addendum No. 3 includes the following changes and clarifications made to the contract documents. Bid may not be considered unless this signed Addendum No. 3 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Jilk Heavy Construction, Inc. Bidder's Name (Please Print) /Nlay 25, 2023 to Chief Financial Officer orized tihnatur & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 4 SAN DIEGO CREEK TRASH INTERCEPTOR Contract No, 7127-1 DATE: May 19, 2023 BY: Public Works Director/City Engineer TO: ALL PLANHOLDERS %./ The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. SUPPLEMENTAL SPECIFICATIONS The Supplement Specification SECTION 09 96 00 - HIGH PERFORMANCE COATINGS, has been revised and is an attachment to Addendum 4. B. CONTRACTOR QUESTIONS Question 1: Is a design submittal required for the rail to stringer connection shown on Sheet 13, Detail 6? Answer: Yes. As part of Bid Item No. 22: Rail System, the contractor shall provide a design submittal for City review and approval for the rail to stringer connection shown on Sheet 13, Detail 6, including specifications for the Pandrol tie -plate and leveling nuts. Question 2: Are contractor design submittals required for providing power to project's electrical systems including the winch system? Answer: Yes. The electrical system design is performance designed by contractor. As part of Bid Item No. 31, the contractor's system designer shall design the system and account for the battery design capacity, run duration, discharge time, and recharge duration to power project electrical loads. It is noted that batteries will be arranged in parallel to increase amperage delivery. For the winch system, the pull load for each hoist is 13,500 lbs. See notes on Sheet 24. Average line speed (perthe basis of design) averages 12-15 ft/min at full load. Retraction duration is in the range of 6 to 8 minutes. Question 3: Will there be any field welding? Answer: There are field welds as shown on Sheet 17. All field welds are 1/4" and only require periodic inspection. The bolt tabs on the piles are shop welded, and the rail beams and stringers are bolted in the field. After bolting, the tabs are field welded to the wide flanges. There are no field welds for the catwalk girders, but the outriggers and bracing have field welds with the bracing requiring field cut to measured lengths. Coating touch-ups can be performed using InterZone 954, Amerlock 400VOC, or approved equal, which requires minimal preparation work, goes on thick, and can be applied by a laborer (no specialized coating system). Question 4: Which piles and steel members receive an epoxy coat? What steel members are hot dip galvanized? Answer: Please see the revised Supplement Specification SECTION 09 96 00 - HIGH PERFORMANCE COATINGS (an attachment to Addendum 4). Question 5: Does corrosion protection requirements stated in Section 09 96 00 Subsection 1.05 E. refer to cathodic protection? Answer: No. Corrosion protection will be provided by protective coating systems only. There is no external or internal cathodic protection system for this project. Section 09 96 00 has been revised accordingly. Question 6: Who is responsible for permitting fees? Answer: City is responsible for agency permit fees. (Corps, County, Fish & Wildlife). Contractor shall obtain a City business permit. Question 7: Is survey performed by the contractor? Answer: Yes. Contractor is responsible for survey. (Bid Item No. 2.) Bidders must sign this Addendum No. 4 and attach it to the bid proposal. Addendum No. 4 includes the above changes and clarifications made to the contract documents. Bid may not be considered unless this signed Addendum No. 4 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Jilk Heavy Construction, Inc. Bidder's Name (Please Print) y 25, 2023 a Chief Financial Officer Au on Si re S& Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 5 SAN DIEGO CREEK TRASH INTERCEPTOR Contract No. 7127-1 DATE: May 23, 2023 BY: � i ep y Public Works Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. CONTRACTOR QUESTIONS Question 1: The "SCADA Communications" section on sheet 28 of the drawing set provides specifications for 802.11 devices. Is the City intending to implement 802.11 radios for communications between the PV Enclosure Area, the Street Light, and Traffic Light comms systems? Answer: The design intent is as stated to use radio systems to connect to the city's network. The city has an existing radio system in operation between the street lights and traffic lights. The radios will be managed by the City IT department. Question 2: Is a local OIT or thin client for the VTScada system required at C131 or CP2? Answer: A local operator terminal is not intended in the design. The system should be accessible from a computer tablet remotely. Question 3: Drawing sheet 28, DIVISION 40 - SCADA CONTROLS PERFORMANCE SPECIFICATION indicates that there must be "local and remote controls of power to ... water pump" on the Floating Trash Interceptor. Sheet 24 does not indicate a water pump or any 10 related to it. Please clarify. Answer: Water pump should be an additional digital output (DO) from PLC SCADA 1/0. Question 4: Is there an electrical design available for the Floating Trash Interceptor including the rake and conveyors? Answer: The vendor for the Floating Trash Interceptor should have a fully developed design and operational system. See Sheet 9 of 30. Suggest Contractor arrange a pre -bid discussion between both System Integrator and Floating Trash Interceptor vendor to provide a compliant and fully responsive proposal. Question 5: Will the Weather Station be provided by the City? If not, what are the hardware specifications and how and where will it be monitored? Is it intended to be integrated into VT Scada screens? Answer: Weather station shall be provided by Contractor. The Basis of Design, as stated on Sheet 22 of 30, is the Orion Model 536. The design intent is for the system to be viewed thru the VT Scada screens via device ethernet capabilities. Sheet 29 shows the ethernet connection between weather station and landside ethernet switch." Question 6: Please confirm that the Trash Interceptor PLC needs to communicate with the City's SCADA system. If confirmed, will contractors need to develop configurations and screens in the City's SCADA system for system monitoring and control? Answer: The design intent is for City to be able to monitor and control the systems via City SCADA system. System integrator to provide the integration thereof. This SCADA system will be independent and isolated from the Water Wastewater SCADA system. Question 7: Are contractors required to configure any reports in the VTScada system? If so, what are the requirements for the reports? Answer: Reports such as "a basic how much time it has run", "how many times the bins were rotated", "How long it runs before the bin is rotated" are envisioned. The data should be historized so that reports can be created as needed. Question 8: Section 40 60 00 - SCADA Control System, Part 2 - Products, 2.01 General, item C. states, "Liase and collaborate with the Trash interceptor vendor to implement control systems between the SCADA System and the Trash Interceptor." Can the City please clearly define what the Trash Interceptor vendor's scope of work is related to systems integration and controls? What pieces of the control system are being specifically provided by the vendor vs. what is being provided by the integrator? Will they provide control panel."CP2"? Answer: Floating Trash Interceptor vendor is selected by this Contractor. Design intent is for the System Integrator and the Floating Trash Interceptor to coordinate/liase between parties to fulfill the design intent of the SCADA system as listed in the performance specification. CP2 is anticipated to be provided by System Integrator with coordination between Floating Trash interceptor vendor. Design intent for System Integrator and Floating Trash Vendor to coordinate between the design intent of SCADA system remote 1/0 points. Question 9: Can the City please confirm whether or not the Systems Integrator will be responsible for programming and installing the Ethernet Switches, Network Routers, and Firewall appliances which are specified as "supplied by City"? Answer: Design intent for the City to be responsible for programming any city provided devices and installing the switches/devices within vendor panels. Coordination between parties required to confirm space needs are met for City equipment. Question 10: Referring to Section 9, Item No. 37: Hydroseed payment shows "furnishing and broadcasting the hydroseed including liquid humic, compost tea, mycorrhizal inoculum, compost, wood fiber, and organic soil stabilizer..". All material was indicated in 801-4.8.2, Table 3 - application mixture except compost. Please confirm compost is not needed. Answer: Compost is required. Add to Table 3: "Com post/Verm icom post Blend — 2,000 lbs/acre." Question 11: Referring to Section 9, Item no. 38: 15-gallon trees payment includes staking. However, model is not shown in specification or plan. Please provide model of stake and tie support for trees. Answer: The trees will not require staking. Bid Item 38 is modified accordingly. Question 12: Referring to Section 801-4, SP 35 of 41, prior to planting, the planting hole shall be filled 1/3 with compost/vermicompost blend and filled with compost tea, and allowed to drain. Watering basins shall be filled with compost tea after planting. Please specify material and application rate of compost tea. Answer: Compost tea will not be used when planting trees. Bid Item 38 is modified accordingly. Note that compost tea will be used in the hydroseed application mixture shown in Table 3. Question 13: Please provide type and specification for mulch to be installed in plants basin. Answer: 800-1.2.5 Mulch. Replace entire section with the following: "Unless otherwise specified, mulch shall consist of wood chips, tree bark, or shredded bark, or any combination thereof, at Contractor's option. Mulch shall be free of deleterious materials, including but not limited to, salt and foreign materials such as clods, coarse objects, sticks, rocks, weeds, or weed seeds. Mulch produced from tree trimmings that contain leaves or small twigs will not be accepted. Mulch materials produced from pine tree or eucalyptus trees shall not be used. Wood chips shall be manufactured from clean, chemical free wood. The particle size of the chips shall be between one and one-half inch (1-1/2") and three inches (3") in length, and not less than 3/8-inch in width and 1/16-inch in thickness." Question 14: Referring to Section 9, Item No. 39: Contractor shall make connection to the existing 8- inch line as shown on Sheet 3 with master valve, and all wire from controller to remote master valve. However, we couldn't locate location of master valve and controller are on plan, plan does not show symbol of these items. Please clarify. Answer: References to a master valve and controller are deleted. Bid Item No. 39 is deleted and replaced with the following: "Item No. 39: Temporary Irrigation System [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; reviewing the design and preparing a modified design submittal as needed per field conditions (see Section 801.5.1.4 for irrigation design requirements); providing submittals, procurement, approvals, delivering, and storage; for layout and excavation; furnishing and installing a complete and operable temporary irrigation system for the planted areas including connection to the existing 8-inch line as shown on Sheet 3, w" Fnastewalve; installing a 1-inch ball valve upstream of the water meter with water meter in lockable box per City Standard Drawing 502; installing backflow device, valve boxes, quick couplers, galvanized steel pipe casing attached with fasteners along Jamboree Road Bridge, and hose and hose connection boxes; testing and adjustment of system for all piping; ; and all other work items required to complete the work in place." Question 15: Referring to Section 9, Item No. 39, Temporary Irrigatlon System: Payment includes water meter. Please provide model and detail for hot tap. Answer: See City Standard Drawing No. 502 for material and installation requirements. Question 16: Referring to Section 9. Item No. 8 and Detail 1 on Sheet 11: Please provide model of trash guard, material of bioretention soil media and size of stone above underdrain. Answer: Contractor will provide a submittal to the City for review for the biofiltration unit. In the submittal, contractor will indicate trash guard model, bioretention soil media and size of stone above underdrain as recommended by the manufacturer. Question 17: Referring to Section 9, Item No. 10, Disintegrated Granite on 4-Inch Crushed Miscellaneous Base: Please provide model of D.G and bender board. Answer: Refer to Section 200-2.7 for DG material requirements and to Section 302-15 for DG installation requirements. Bidders must sign this Addendum No. 5 and attach it to the bid proposal. Addendum No. 5 includes the above changes and clarifications made to the contract documents. Bid may not be considered unless this signed Addendum No. 5 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Jilk Heavy Construction, Inc. Bidder's Name (Please Print) Mpy 25, 2023 Chief Financial Officer re & Title City of Newport Beach San Diego Creek'rrash Interceptor )7127-5), Lidding on 05/25/2023 1000 AM (PDT) Page I of d Printed 05/25120T3 Bid Results Bidder Details Vendor Name Jilk Heavy Construction, Inc. Address 500 S Kraemer Blvd Suite 380 Brea, California 92821 United States Respondee Jeremiah Jilk Respondee Title Chief Financial Officer Phone 310-830-6323 Email jeremiah@ajilkhc.com Vendor Type License # 709151 CADIR Bid Detail Bid Format Electronic Submitted 05/25/2023 9:53 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 332659 Respondee Comment Buyer Comment Attachments File Title JHC Bid Package.pdf JHC Bid Bond.pdf File Name JHC Bid Package.pdf JHC Bid Bond.pdf File Type General Attachment Bid Bond Planetoids, Inc. City of Newport Beach San Diego Creek Trash Interceptor (71275), Lidding on 05/25/:2023 10 00 AM (PDT) Subcontractors Showing 6 Subcontractors Name & Address Desc License Num CADIR Crown Fence Fence and Gate15 1000005330 12118 Bloomfield Ave Santa Fe Springs, California 90670 Marina Landscape Inc. Landscape 492862 1000000079 3707 W Garden Grove Blvd Orange, California 92868 Pastusak Plumbing Company Plumbing 570076 1000008469 1644 W. 17th Street Long Beach, California 90813 Radiant Electric LLC Electrical 498654 1001014433 935 Sharon Rd. Santa Ana, California 92706 Regional Steel Corporation Rebar 1049001 1000812756 380 W 18th St Upland, California 91784 The J.V. Land Clearing Co Clear & Grubb 759306 1000012258 207 East Arrow Hwy San Dimas, California 91773 Page 2 of 4 Printed 05/25/2023 Amount Type $$65,000.00 $$190,200.00 CADIR $$89,060.00 CADIR $$543,248.00 $$45,000.00 MBE, DBE, VSBE, CADIR $$17,700.00 PlanetBids, I nc. Jlty of Newport be"cn San Dletw .. ek 1 ra,h ,r .. ._. ._.: Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 $3,981,074.00 1 Mobilization/Demobilization LS 1 $590,000.00 5590,000.00 Yes 2 Construction Survey LS 1 $42,900.00 $42,900.00 Yes 3 Clearing and Grubbing ACRE 1 $23,250.00 523,250.00 Yes 4 Weed Grow and Kill LS 1 $4,150,00 54,150.00 Yes 5 Earthwork (On -Site, Cut to Fill) CY 850 522.00 S18,700.00 Yes 6 Earthwork Import CY 500 $79.50 $39,750.00 Yes 7 Fine Grading SF 7500 $6.50 $48,750.00 Yes 8 BioFlhratlon Unit LS 1 $63,145.00 $63,145.00 Yes 9 10-Inch Reinforced Concrete Pavement on 6-Inch Crushed Aggregate Base SF 144 S69-00 59,936.00 Yes 10 4-Inch Disintegrated Granite on 4-Inch Crushed Miscellaneous Base SF 1100 $15,00 $16,500.00 Yes 11 Permeable Grid Paving System on 6-Inch Crushed Aggregate Base SF 2856 $13.00 537,128.00 Yes 12 Reinforced Concrete Edge Footing LF 98 $165.00 516,170.00 Yes 13 10-Inch Reinforced Concrete Pavement on 8-Inch Crushed Miscellaneous Base SF 4100 $31.00 S127,100.00 Yes 14 Curb LF 90 $115.00 510,350.00 Yes 15 Striping LS 1 $5,000.00 55,000.00 Yes 16 Rip Rap LS 1 53,700.00 $3,700.00 Yes 17 6-Inch Perforated PVC Pipe LF 10 $290.00 52,900.00 Yes 18 Winch LS 1 547,425.00 547,425.00 Yes 19 Bollards EA 8 $1,350.00 $10,800.00 Yes 20 Pile Removal EA 15 $1,260.00 518,900.00 Yes 21 Pontoon, Railway and Boom Piles EA 21 $16,210.00 $340,410.00 Yes 22 Rail System LS 1 S198,400.00 $198400.00 Yes 23 Pier Catwalk LS 1 $108,300.00 $108,300.00 Yes 24 Rail Cart EA 1 $47,000.00 547,000.00 Yes 25 Gangway Ramp LS 1 $56,570.00 S56,570.00 Yes 26 Trash Interceptor LS 1 $835,800.00 5835,800.00 Yes 27 Boom System LS 1 $65,350.00 $65,350.00 Yes 28 Automated Vehicular Slide Gate LS 1 $40,250.00 $40,250.00 Yes 29 Security Fencing LF 300 $76.00 $22.800.00 Yes 30 Man Gate LS 3 $3,795.00 $11,385.00 Yes 31 Landside Solar Power System LS 1 $233,750.00 $233,750.00 Yes 32 Cable and Conduit LF 300 $735.00 5220,500.00 Yes 33 Landside Lighting EA 3 53,475.00 $10,425.00 Yes 34 Trash Interceptor Lighting EA 8 $275.00 52,200.00 Yes 35 Security Camera System EA 5 $6,430.00 $32.150.00 Yes 36 SCADA Control System LS 1 $400,000.00 $400,000.00 Yes 37 Hydroseed ACRE 0.75 $30,000.00 $22,500.00 Yes 38 Fifteen Gallon Trees EA 64 $300.00 519,200.00 Yes 39 Temporary Irrigation System LS 1 S110,000.00 $110,000.00 Yes 40 Signage EA 5 $1,300.00 56,500.00 Yes 41 Start -Up and Commissioning LS 1 S38,780.00 $38.780.00 Yes 42 120-Day Plant Establishment & Maintenance LS 1 $17,250.00 S17,250.00 Yes 43 As -Built Drawings LS 1 55,000.00 $5,000.00 Yes City of Ne,mport Beach Tian Diego Greek Trash Interceptor (7127-5), Lidding on 05/25/2023 10*00 AM (PDT) Page 4 or 4 Printed 05/25/ 0 3 Line Item Subtotals Section Title Section 1 Grand Total Line Total $3,981,074,00 $3,981,074.00 SIP 1 OF 41 E. 6 SI CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS �' ,, SAN DIEGO CREEK TRASH INTERCEPTOR tip. csv1t F e CONTRACT NO. 7127-5 INTRODUCTION All work necessary for the completion of this Contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. C-7127-5, (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (Latest Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517-0970. The following Special Provisions and Attachments hereto supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS 1-2 TERMS AND DEFINITIONS. Add the following: "City — City of Newport Beach Trash Interceptor — The Trash Interceptor includes the rakes, conveyor system, water wheel, battery bank, pontoon, canopy and frame, solar panels installed on canopy, and appurtenances. Trash Transfer Facility — The truck turn -around area with the winch system to move the rail sled landside." SECTION 2---SCOPE AND CONTROL OF THE WORK 2-1 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. General components of the project include: 1 Project preparation including design/build submittals 2 Clearing and grubbing with site erosion control Revision Date 3/28/2023 SP2OF41 2. Clearing and grubbing with site erosion control 3. Weed grow and kill 4. Grading 5. Trash interceptor assembly on -site 6. Pile installation 7. Installation of trash interceptor system in creek and boom system 8. Construction of land -side components 9. Construction of rail system with winch and catwalk 10. Construction of solar power supply system 11. Construction of access gate, lighting, and security systems 12. System startup and testing 13. Installation of irrigation system 14. Planting and hydroseeding 15. Maintenance and plant establishment The work associated with Project Preparation includes preparing the Stormwater Pollution Prevention Plan (SWPPP) in accordance with State-wide Construction General Stormwater Permit and the Design Drawings and Water Quality Management Plan for the Project. The Contractor shall submit the SWPPP prior to mobilization for review and approval by Engineer Other associated activities with Project Preparation include performing construction surveying, and implementing measures to protect sensitive habitat in accordance with Project permits. The Trash Interceptor project consists of constructing overwater and landside components, and site restoration. The following project description provides a system overview and does not supersede the requirements in the Construction Documents (Drawings, Special Provisions, Supplemental Specifications and permit documents). The floating Trash Interceptor project includes (1) Boom System, (2) Floating Trash Interceptor, (3) Rail System, Rail Sled and Winch, (4) Landside Solar Power System, and (5) Landside Improvements. 1. Boom System The width of the creek at the location of the Trash Interceptor is approximately 127 feet. Floating trash traveling down San Diego Creek will be captured and funneled to the Trash Interceptor with a trash boom system. The trash boom has two separate segments that are anchored by piles on each side of San Diego Creek and to piles that anchor the floating Trash Interceptor. The north boom spans a shorter distance than the south boom. Each boom is attached to a 20- inch diameter anchor pile on the shoreline with a flexible connection allowing for the forecast range of flood water levels. The connection of the boom to the 30-inch Trash Interceptor guide piles consists of turnbuckle rated to release under a loading condition above that expected under a 25-year, 24-hour duration storm event. Under this storm condition, each boom disconnects at the Trash Interceptor guide pile and is then pushed by creek flow to the stream bank. The boom anchor to the streambank piles is designed to remain connected up to the 100- year storm event. The boom will fully operate up to the velocity and debris loads under a 25- year storm event with the boom designed to contain trash and withstand a load of approximately 18,000 lbs. The boom is designed to collect and hold floatable trash like plastics and other debris during more frequent storm events. Anticipated debris includes reeds and other vegetation. Trash and debris contained by the booms are directed to the Trash Interceptor trash rakes, then onto the conveyor, and then into the trash containers. Revision Date: 3/29/2023 SP3OF41 2. Floating Trash Interceptor a. Pontoon Floats and Guide Piles Trash Interceptor floats on pontoons and is fixed horizontally in the creek with roller brackets connected to three 30-inch diameter steel piles, which allow the machine to rise and fall with the varying water surface elevations. b. Trash Wheel System The power to turn the Trash Interceptor's waterwheel is generated from creek flow and from solar panels mounted on the covering structure. When creek flow is not adequate to turn the waterwheel, the solar electricity generated (stored in batteries on the unit) is used to pump water onto the waterwheel to turn the waterwheel. The waterwheel torque powers trash rakes and a ladder type conveyor that is submerged on the upstream end. Stream flow directs trash and debris that collects behind the booms toward the Trash Interceptor where it is raked onto the conveyor, which elevates the trash and debris. Trash and debris roll off the end of the conveyor and into the two trash containers that sit within a rail cart. Note: Providing trash containers is not a part of this contract; containers will be provided by the waste hauler. c. Canvas Canopy The Trash Interceptor is covered by a canvas canopy for shelter, shade, and screening purposes. The canopy is mounted and supported on the top of the Trash Interceptor's steel barge floating platform. The canopy is designed to enhance the interceptor's aesthetics, as well as frame the display of the Trash Interceptor. The canopy's framing supports a solar array in an efficient manner for solar exposure. The canopy provides equipment protection from the elements and prevents trash from becoming wind-blown. 3. Rail System, Rail Sled and Winch A rail sled carries two 8 cubic yard trash containers and moves on a fixed rail system that is supported on 18-inch diameter steel piles. The rail system starts at a position below the Trash Interceptor conveyor belt and runs approximately 91 feet long to the landside improvements where the trash containers are unloaded by a standard front -loading trash truck. The rail system extends approximately over the creek 53 feet from the streambank. The rails slope at two percent toward the creek, sufficient for keeping tension on the winch cable. A three -horsepower motor winches the rail cart landside. The winch is mounted on a concrete pedestal at the landside end of the rail system. 4. Landside Solar Power System A landside solar power system, located on the top of the north embankment above the 100-year storm water surface elevation, provides power for site lighting, the automatic gate and security/monitoring cameras. The same solar power system powers an industrial winch capable of pulling the rail cart, with two fully loaded trash containers, up the mild slope of the railway. 5. Landside Improvements a. Site Access and Truck Loading Area The site's access roadway ramps down from the top of flood channel berm to the truck turnaround and trash loading area. Minor grading will be required to level the trash loading area and construct the access roadway embankment. The trash loading area will be fenced around its perimeter. An automated sliding gate with an access keypad restricts access to authorized Revision Date: 3/29/2023 SP4OF41 vehicles such as the solid waste collection truck. The site will be posted with no trespassing signs and monitored with video cameras. b. Access to Trash Interceptor Access from the trash collection area to the Trash Interceptor is provided by a catwalk secured to the east side of the rail pier pilings, combined with a vertically -pivoting gangway ramp from the catwalk to a platform on the Trash Interceptor. The gangway ramp slides on the landing end of the Trash Interceptor platform allowing vertical movement. If the floating Trash Interceptor rises above the (fixed) catwalk elevation during a heavy storm, the Trash Interceptor will automatically disengage the gangway hinge pin and secure the gangway ramp in the horizontal position and carry it vertically upward. This system prevents the ramp from being submerged during storm events. c. Water Quality Protection Water quality protection measures include (1) porous pavement in the access ramp and portions of the truck turnaround area not subject to higher stress truck turning movements, and (2) a bio-infiltration unit located south of the paved area that will filter stormwater runoff from the paved area. 2-3.2 Self Performance. Add the following to this section: "Before computing the amount or work required to be performed by the Contractor with its own organization, the following "Specialty Items" are deducted from the Contract Price: Item No. 1: Mobilization Item No.20: Pile Removal Item No. 21: Pontoon, Railway and Boom Piles Item No. 22: Rail System Item No. 23: Pier Catwalk Item No. 24: Rail Cart Item No. 25: Gangway Ramp Item No. 26: Trash Interceptor Item No. 36: SCADA Control System" 2-6.3 Submittals. Add the following to this section: "Contractor shall prepare and submit the following. A. Detailed Project Schedule. It is anticipated that the project will kickoff in September 2023 after Labor Day. Clearing and grubbing, weed eradication, grading, and ideally planting and hydroseeding, shall be completed prior to the start of bird nesting season (March 1). Assembly of the Trash Interceptor on site, paving, installing lighting and SCADA, and all other lower noise construction tasks can be implemented during bird nesting season (March 1 to September 1). Heavy construction tasks, such as pile installation, installing the Trash Interceptor into the creek, and other heavy construction tasks shall not occur during the bird nesting season. See Section 6-1 for additional information. B. Construction Staging and Implementation Plan. Contractor shall submit a detailed Construction Staging and Implementation Plan prior to mobilization for review and approval by Engineer, describing Contractor's plan for performing the clearing and grubbing; creating Revision Date: 3/29/2023 SP5OF41 space site area for storage, trailer, stockpiles and Trash Interceptor assembly. The Construction Staging and Implementation Plan shall: 1. Include a list of major equipment to be used. 2. Include a diagram of the site showing Contactor's designated field office (Class B minimum), staging area, location of trailers, storage areas, stockpile areas, plant storage area, site access locations, and fueling and washdown areas. 3. Provide a description for method and timing for clearing and grubbing area, weed grow and kill, installing irrigation system, planting trees, and broadcasting hydroseed. 4. Provide a description of the method for transporting the Trash Interceptor for assembly on site, coordinated with the construction of the access road. Equipment and vehicle access shall remain within the Project Limits, outside of all identified and fenced off sensitive habitat areas. 5. Provide a description of the method and equipment needs for installing the pontoon piles, the boom pile on the north bank, and the boom pile adjacent to the south bank. An anchored barge is required for installing the boom pile on the south bank. 6. Provide a description of the method for placing the assembled Trash Interceptor in the water. 7. Show how fill materials will be stockpiled and removed in accordance with the SWPPP. All staging and stockpile areas shall be within the Project Boundary and outside of identified and fenced off sensitive habitat areas. 8. Provide a description how existing piles in the creek will be removed. 9. Describe the methods for installing the fixed rail system following pile installation. 10. Include requirements for the use of vegetable oil -based hydraulic fluids and/or biodiesel, as well as pollutant containment products (such as tarps or temporary booms) to protect creek water quality. 11. Present the pile installation methods to minimize impacts to soft -bottom habitat through the use of the vibratory hammer method for pile installation. See Sections 6-1 and 7-7.1 for additional requirements. C. Submittals for Pre -Engineered or Design/Build Tasks. Contractor shall provide design submittals to Engineer for approval for the following project components: 1. Pier Catwalk 2. Rail Cart 3. Gangway Ramp 4. Trash Interceptor System 5. Landside Solar Power System and Shelter Structure 6. SCADA Control System Each design shall meet applicable national, state and local codes, standards, and design manual requirements. D. Product Data. Constructor shall submit to Engineer manufacturer catalog information for all proposed products including, but not limited to: Irrigation system (Supplemental Specifications Section 32 80 00) Shade canopy Solar power system with support structure Revision Date: 3/29/2023 SP6OF41 • SCADA system • Fencing, gates and screening • Winch system • Biofiltration system • Boom and keeper chains • Pavement markers • Pipe casing • Cameras • Intercom system • Light poles and fixtures E. Schedule of Values. Contractor shall provide a Schedule of Values for Bid Items identified by Engineer. F. Record Copy Drawings. During the course of installation, Contractor shall carefully record all field changes in red line on a print of the irrigation system as installed. These drawings shall be labeled "Record Drawing", and shall be made available for inspection. The status of the Record Drawing shall correlate directly with the percentage of work completed as described in Contractor's Pay Request and may be used as a guide when approving payments. G. As -Built Drawings, Maintenance Manuals and Equipment Keys. Upon completion of the work, and as a condition of its acceptance, Contractor shall deliver to Engineer the following: 1. Drawings: Submit redlined As -Built Drawings. As -built drawings shall clearly show all changes. Changes to the Irrigation Drawing shall clearly locate main lines, drain valves, valve boxes and valve markers and other buried equipment located by a minimum of two dimensions each from fixed reference points or with northings and eastings. 2. Maintenance Manual: Submit three copies containing the following: a) Catalog cuts of all irrigation materials installed. b) Contractor's name, address and telephone number. c) The duration of the guarantee periods. d) The name and address of the local manufacturer's representative. e) List and description of routine maintenance procedures, including winterization, start- up, and recommended watering times for each zone. f) Troubleshooting guide. 3. Supplemental Equipment: Submit two keys for each lockable system including the irrigation system. 2-9 SURVEYING. Add the following subsections: "2-9.3 Private Engineers. Contractor's California Licensed Land Surveyor shall utilize/follow the existing survey records used for the project design to provide construction survey services that are required to construct the improvements. Contractor shall be aware that the existing topography may vary from the topography shown on the plans. Any discrepancies that affect the construction of the project improvements shall be brought to the attention of Engineer prior to construction. At a minimum, two (2) sets of staking for all areas shall be Revision Date: 3/29/2023 SP7OF41 included in the bid price and copies of each set shall be provided to Engineer 48-hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. All existing monuments are to be preserved. Contractor will be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with Engineer to walk the project to review the survey monuments. Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, Contractor shall restore the affected survey monuments at his sole expense. Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration." SECTION 3---CHANGES IN WORK 3-3 EXTRA WORK. 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost Delete this section and replace: "(a)Work by Contractor. The following percentages shall be added to Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.2(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by Contractor." SECTION 4---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements. Add the following subsection: "4-1.3.4 Inspection and Testing. All material and articles furnished by Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by Engineer. Contractor shall furnish Engineer full information as to the Revision Date: 3/29/2023 SIP 8OF41 progress of the work in its various parts and shall give Engineer timely (48-hour minimum) notice of Contractor's readiness for inspection. Submittals are required for all construction material. When, in the opinion of Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which Contractor executed the work, such tests and inspections shall be paid for by Contractor. Engineer will provide geotechnical inspection and compaction testing. Contractor shall provide the services of a geotechnical engineering firm, to be approved by Engineer, for review of temporary excavation requirements and subsurface conditions for pile driving, and the placement of fill, crushed rock, or concrete." SECTION 6---PROSECUTION AND PROGRESS OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the "Notice to Proceed". No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, all submittals, including the Stormwater Pollution Prevention Plan and Construction Staging Plan, are received and approved, and a schedule of work has been approved by Engineer. Because the project area is in a flood plain, the work plan shall be implemented in a manner to reduce exposure to large scale erosion. Construction Schedule. Contractor shall submit a construction schedule to Engineer for review and comment a minimum of ten working days prior to commencing any work. Schedule may be bar chart or CPM style. Engineer will review the schedule and may require Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. As the construction area includes a flowing creek within a flood plain, it is a critical project requirement that the project tasks, especially clearing/grubbing and mass grading be accomplished in a manner to reduce the threat of erosion during storm events. It should also be noted that sensitive plant and animal species will be discovered, especially during the clearing, grubbing, earthwork, and excavation activities. Engineer will hire a biological monitors to assist Contractor in identifying potential impacts during construction. In the event that a potential species of concern is discovered, Contractor shall immediately cease operations in that area and notify Engineer. Construction Staginq and Implementation Plan. Contractor shall prepare a Construction Staging and Implementation Plan for the Project prior to mobilization for review and approval by Revision Date: 3/29/2023 SP9OF41 Engineer. The Construction Staging Plan shall include how the floating Trash Interceptor will be transported and staged at the site for assembly and then coordinated with the construction of access roads and the installation of piles prior to the placement of the Trash Interceptor in the water. The access of equipment and vehicles shall be within the Project Limits and outside of all identified and fenced off sensitive habitat areas. The Construction Staging and Implementation Plan shall also include how fill materials will be stockpiled and removed in accordance with the SWPPP. The Construction Staging and Implementation Plan shall describe the method for installing the fixed rail system following pile installation. The order of construction tasks shall be planned and executed in a manner to reduce the threat of mass erosion in the event of a storm event during construction in accordance with the SWPPP. The Construction Staging and Implementation Plan shall state the requirements that vegetable oil -based hydraulic fluids and/or biodiesel, as well as pollutant containment products (such as tarps or temporary booms) shall be used in all heavy construction vehicles used on site to protect San Diego Creek water quality. The plan shall also present the pile installation methods to minimize impacts to soft -bottom habitat through the use of the vibratory hammer method for pile installation. If this is infeasible, the plan may denote the use of the impact hammer method. Contractor shall prepare the Construction Staging Implementation Plan in accordance with State-wide Construction General Stormwater Permit and the Construction Documents, and Water Quality Management Plan for the Project." 6-7 TIME OF COMPLETION. 6-7.1 General. Add to this section: "Once the Engineer issues the Notice to Proceed, Contractor shall have a maximum of 30 working days to provide and complete all submittals outlined in Section 2-5.3. Engineer will review and provide comments within three working days for each submittal. Starting after Labor Day, Contractor shall have a maximum of 320 working days to complete the project, including installation of project irrigation and landscaping. After Engineer has accepted the work as complete, the maintenance and plant establishment period of 120 consecutive calendar days shall commence. Heavy construction, including pile installation, access road and truck turnaround area paving, installation of the fixed rail system, and installing the floating Trash Interceptor in the creek, shall be completed outside of the bird nesting season. Bird nesting season runs from March 1 to September 1. Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Replace subsection 6-7.2 3) with the following: "any Agency holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in Revision Date: 3/29/2023 SP 10 OF 41 November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 251h (Christmas) through January 1 st. If January 1 st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." Add the following section: "6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday. Note that Saturdays are not considered working days. Should Contractor elect to work outside normal working hours, Contractor shall first obtain special permission from Engineer. The request may be for Saturday from 8:00 a.m. to 6:00 p.m. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. Engineer reserves the right to deny any or all such requests. Additionally, Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Access to the site shall be only from Jamboree Road. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, Contractor shall pay to City or have withheld from moneys due it, the daily sum of two thousand dollars and no/100 ($2,000.00). Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by City and Contractor that two thousand dollars and no/100 ($ 2,000.00) per day is the minimum value of the costs and actual damage caused by the failure of Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7---RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS. Add the following to this section: "City is in the process of obtaining and/or finalizing the following agency permits and other approvals for this project to construct the improvements as shown on the construction documents: 1) Department of the Army Corps of Engineers Section 10 Letter of Permission (Permit number to be determined). 2) California Regional Water Quality Control Board Permit (401 Certification WDID number 302021-14). Revision Date: 3/29/2023 SP 11 OF 41 3) California Coastal Commission Coastal Development Permit (Permit number 5-21-0722). 4) Orange County Public Works (FE21-0140 Revision 1). 5) State Water Board Construction General Permit (2012-0006-DWQ). 6) California Department of Fish and Wildlife Lake and Streambed Alteration Agreement (Permit ID ORA-223677). Copies of all permits will be provided to Contractor when permits are received. Copies of the permits shall be kept on site at all times during construction." 7-7 COOPERATION AND COLLATERAL WORK. Add the following to this section: "Engineer will provide geotechnical inspection and compaction testing, and check that excavation requirements and subsurface conditions for the placement of Unclassified and Imported Fill are met. 7-7.1 Protection of Sensitive Biological Resources. Sensitive plant and animal species may be discovered during the clearing/grubbing, mass grading or excavations. Engineer will provide a biological monitor to assist Contractor in spotting and protecting these resources. The attached California Department of Fish & Wildlife Draft Streambed Alteration Agreement (Attachment 1) includes on Page 2 a listing of the protected plants and wildlife that are present or have a moderate to high potential of being present on the site. It the event a sensitive biological resource in encountered, Contractor shall immediately cease operations in that area and immediately notify Engineer. Contractor will not be penalized for delays associated with these work stoppages. As directed by Engineer, a City -hired Biological Monitor will perform pre -construction wildlife surveys of the construction site prior to clearing and grubbing, environmental training, monitoring, and wildlife relocation as summarized in Table 1 below. Biological Monitor will conduct monitoring on a weekly, or more frequent, basis during bird nesting season. Contractor shall cooperate with the Biological Monitor throughout construction and provide adequate notification to Engineer to allow sufficient time for the required bird and bird nests monitoring and survey activities. Contractor shall include in its construction schedule delay of construction activities as needed to allow the Biological Monitor to conduct initial surveys and periodic monitoring. Contractor shall notify Engineer 10 calendar days prior to mobilizing to the site. Contractor shall not start construction until the area has been cleared for wildlife. Revision Date: 3/29/2023 SP 12 OF 41 Table 1: Biological Monitoring Activities Activity When Medium and High Priority Species Pre -construction survey Prior to beginning construction Environmental training Prior to beginning construction Monitoring and relocation, if needed During clearing, grubbing, grading and pile, rail system and Trash Interceptor installation Nesting Raptors and Migratory Birds Nesting survey Within 7 days prior to beginning construction 7-7.1.2 Wildlife Education Training As directed by Engineer, Biological Monitor will conduct education programs for all construction personnel (a) prior to initiating construction. All construction personnel and subcontractors must complete the training before they are authorized to work in the project area. At a minimum, the training will include a description of each of the protected species, their importance, their habitat, an explanation of the status of this species and its protection requirements, the conservation measures that are being implemented, and the work site boundaries within which construction may occur. A fact sheet conveying this information will be prepared for distribution to the above -mentioned people and anyone else who may enter the project site. Upon completion of the program, personnel will sign a form stating that they attended the program and understand all the avoidance and minimization measures. 7-7.1.3 Minimum Wildlife Protection Measures At a minimum, Contractor shall comply with the following measures for wildlife protection: a) Trash and waste material shall be properly disposed of in trash receptacles that prevent the access or trapping of native animals. These containers shall be available and used at all times. b) Trash shall be removed from the site daily. c) All equipment such as buckets, and open holes, trenches or items that may potentially trap sensitive animals shall be covered by the end of each workday. (If this is not possible, one or more escape ramps constructed of earth fill or wooden planks will be established in the hole.) d) Thoroughly inspect all holes or trenches for animals before filling. If at any time, a California red -legged frog or other wildlife is discovered trapped in a trench or pit, Contractor shall halt work and notify Engineer immediately. e) Storage of any pipes measuring four (4) inches or greater in diameter at the site will be avoided, or the ends of any such pipes will be sealed with tape as they are brought to the site. f) No cats or dogs or firearms (except for federal, state, or local law enforcement officers or security personnel) will be permitted onsite. g) Erosion control fabric with plastic netting may not be used. h) Any lighting of the project site by artificial lighting during night time hours shall require approval of Engineer, and will be conditioned to be minimized to the maximum extent practicable. Revision Date: 3/29/2023 SP 13 OF 41 7-8 WORK SITE MAINTENANCE. 7-1.2 Temporary Water. Add to this section: "If Contractor elects to use City water, Contractor he shall arrange for a meter and tender an $813 meter deposit with City. Upon return of the meter to City, the deposit will be returned to Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control 7-8.6.1 Storm Water Pollution Prevention Plan (SWPPP). Add to this section: "Contractor shall prepare and implement a site -specific SWPPP, prepared by a Qualified SWPPP Developer (QSD) as defined by the Construction General Permit and submit the SWPPP to Engineer. The SWPPP shall include the information needed to demonstrate compliance with all the requirements of the Construction General Permit, Construction Documents, and Water Quality Management Plan for the Project. As this project is within a flood plain, clearing and grubbing shall be phased to minimize the potential for erosion during a storm event. Engineer will submit the approved SWPPP to the State Water Board as part of the permit registration document package. Note that no construction activity shall be allowed until the State Water Board approves the permit package. Contractor shall submit the SWPPP prior to mobilization for review and approval by Engineer. SWPPP implementation shall include, but not limited to preparation of a site -specific SWPPP by a Qualified SWPPP Practitioner or Qualified SWPPP Developer; providing submittals; providing and distributing plans to appropriate parties; furnishing all labor, materials, tools, equipment and incidentals needed for implementing the SWPPP (including minimum measures — straw wattles — shown in the Drawings); maintaining all erosion control measures throughout the duration of the project; performing inspections, sampling, and reporting during construction to meet requirements of the project's NPDES Construction General Permit; and all other work items required to complete this task. The SWPPP shall be developed and updated using Section 2 and Appendix B of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook Web Portal for Construction. The CASQA Construction BMP Web Portal can be accessed at the following link: httDs://www.casaa.ora/LeftNaviaation/BMPHandbooksPorta1/tabid/200/Default.aspx Contractor shall amend the SWPPP as needed during the course of work to reflect actual construction progress and construction practices. Contractor shall designate a Qualified SWPPP Practitioner (QSP), as defined to be the Construction General Permit, who will be responsible for compliance with Construction General Permit requirements on the project at all times. By submitting a bid, Contractor acknowledges that he has read and understands the requirements of the Construction General Permit. Revision Date: 3/29/2023 SIP 14 OF 41 Contractor shall be responsible providing all reports required by the Construction General Permit (monitoring, inspection, Rain Event Action Plans, annual reports, etc.) to Engineer for review. Time sensitive reports involving monitoring data shall be provided as soon as the information is available. All other reports shall be provided to Engineer a minimum of two weeks prior to their deadline for submittal to the State Water Board. Full compensation for conforming to the requirements of Construction General Permit shall include, but not limited to, the following: 1. Develop a SWPPP to conform to a Risk Level 2 and Contractor's actual construction practices. 2. Administer, implement, maintain, and ensure adequate functioning of the various water quality control measures identified within the SWPPP during construction including all Numeric Action Level (NAL) and Numeric Effluent Limitation (NEL) sampling, monitoring and reporting requirements statutorily required for the project site. These tasks must be performed by a QSP. 3. Provide and maintain all documentation at the jobsite and administration for the entire Contract period. 4. Perform all work required for compliance with the requirements of the Construction General Permit including preparation of all Rain Event Action Plans and construction of effective treatment control BMPs. 5. Provide all labor, tools, equipment, and materials for any additional BMPs which may be required to comply with the requirements of the Construction General Permit. Failure of Contractor to follow BMP will result in immediate cleanup by City and back -charging Contractor for all costs plus 15 percent. Contractor may also receive a separate Administrative Citation per Section 14.36.030A2,3 of City's Municipal Code." 7-8.6.4 Dewatering. Add the following to this section. "Per the project geotechnical report, groundwater may be encountered below 10 feet NAVD88. As this is a diked area, the source of the groundwater is either infiltrated rain or infiltration from the creek. If groundwater is encountered, groundwater shall be controlled and removed by methods of Contractor's choice subject to the requirements of the California Department of Fish and Game Agreement, Orange County Health Care Agency (OCHCA), the State Water Resources Control Board Certification, and these Special Provisions. Contractor shall comply with the requirements of Section 7.8.6, Water Pollution Control, of the General Provisions of the Contract Documents." 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add the following to this section: "Prior to beginning any construction, Contractor shall make its own assessment regarding the presence of existing utilities and verify all utility information as required by law. Prior to any ground disturbance, contractor shall locate all underground and overhead utilities in accordance with specifications and state law. Contractor shall notify Underground Service Alert at 1-800- 227-2600 prior to start of any construction." Revision Date: 3/29/2023 SP 15 OF 41 7-10 SAFETY 7-10.4 Safety 7-10.4.1 Work Site Safety. Add to this section: "Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. If homeless encampments are discovered or if homeless people are found in the vicinity of the work area, Contractor shall immediately notify Engineer. The right of Engineer to conduct construction review or observation of Contractor's performance shall not include review or observation of the adequacy of Contractor's safety measures in, on, or near the construction site." 7-10.7 Notices to Residents and Businesses. Ten (10) working days prior to starting work, Contractor shall deliver a written construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. Engineer will provide the notice to Contractor. Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by Engineer, but shall be completed and distributed by Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by Engineer. Add the following sections: "7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, Contractor shall possess a "Class A" License. Contractor shall have experience providing design submittals to Engineer for approval for project components including the Pier Catwalk, Rail Cart, Gangway Ramp, Trash Interceptor System, Landside Solar Power System, and SCADA Control System; and in constructing or installing all the components of this project including installation of the subsurface wetlands Biofiltration Unit. Contractor, or one of the Subcontractors, shall possess a Landscaping Contractor's "Class C-27" License. At the start of work and until completion of work, Contractor and all Subcontractors shall possess a Business License issued by City." 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved drawings and specifications shall be on the job site at all times. In addition, Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by Engineer at the time each progress bill is submitted. The As -Built drawings shall be submitted and approved by Engineer prior to final payment or release of any bonds. 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. During this time, the material Revision Date: 3/29/2023 SP 16 OF 41 shall be made available to Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9---MEASUREMENT AND PAYMENT 9-3 PAYMENT. 9-3.1 General. Revise paragraph one to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1: Mobilization / Demobilization [Lump Sum]: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office and restroom facilities; preparing and implementing the Stormwater Pollution Prevention Plan (SWPPP); preparing the Construction Staging and Implementation Plan; complying with General Construction Permit (GCP) requirements; providing construction signage; preparing the construction and material delivery schedule; coordinating with other agencies and utilities; controlling groundwater; notifying businesses and residents; attending all coordination meetings; keeping photographic and video records of project site; demobilization; and all other related work as required by Contract Documents. Item No. 2: Construction Survey [Lump Sum]: Work under this item shall include, but not limited to, providing survey services in accordance with Section 2-9. Item No. 3: Clearing and Grubbing [Acre]: Work under this item shall include, but not limited to, removing all trees, bushes, shrubs, weeds; stumps, roots, and soil adhered thereto and incidentally collected with the project and restoration areas. All cleared and grubbed material shall be removed and disposed of off -site appropriately. This Bid Item also includes removing and disposing of fences, concrete, pipe or interfering portions thereof, and any other native or non-native material to accommodate the project improvements. This item also includes controlling surface water; providing erosion control measures; implementing sediment and erosion control measures around stockpiles per the approved SWPPP; tapering to existing grade at limits of disturbance line; and all other work items required to complete the work in place. This item also includes protecting items in place, including and not limited to utilities, fencing, and power poles. Item No. 4: Weed Grow and Kill [Lump Sum]: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals, procurement, approvals, delivering, storage, removals, and export; for watering cleared area to promote weed germination; applying an approved, aquatic -safe herbicide; and all other work items required to complete the work in place. There will be no additional compensation for hauling out plant and dirt material spoils. Item No. 5: Earthwork (On -Site, Cut to Fill) [Cubic Yards]: Work under this item shall include, but not limited to, excavation, hauling, and placing on -site native fill to rough grade; controlling surface water; preparing subgrade; benching; compacting and compaction testing; Revision Date: 3/29/2023 SIP 17 OF 41 protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utility structures if needed; spoils removal; and all other work items required to complete the work in place. Note: This task includes performing Soil Testing requirements per Section 211 in these Special Provisions. There will be no additional compensation for hauling out excavated material spoils. Note that elevations on Drawings are finished elevations. Contractor shall take into account the thickness of improvements when calculating actual cut and fill. The top of subgrade or bottom of improvements is the basis for final cut and fill. Item No.6: Earthwork Import (Haul -In Fill Material) [Cubic Yards]: Work under this item shall include, but not limited to, procuring, hauling, and placing road embankment Class "B" fill material to rough grade; controlling surface water; preparing subgrade; benching; compacting and compaction testing; protecting interfering portions of existing utilities or improvements; installing temporary and permanent support of utility structures if needed; removing excavated materials spoils; and all other work items required to complete the work in place. There will be no additional compensation for hauling out excavated material spoils. Item No. 7: Fine Grading [Square Feet]: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; for fine grading, compacting and compaction testing in preparation for installing hardscape improvements, and in preparation for all planting areas after performing all operations for weed eradication specified in the construction documents; and all other work items required to complete the work in place including exporting excavated materials spoils. There will be no additional compensation for hauling out material. Item No. 8: Biofiltration Unit [Lump Sum]: Work under this item shall include, but not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment and incidentals; for excavation, preparing and compacting (including compaction testing of) subgrade, exporting excavated materials spoils, managing groundwater and creek water, and/or saturated soils; installing crushed aggregate base; installing biofiltration unit, biofiltration soil media, and sand; backfilling and compacting; providing and connecting pipes within the unit; furnishing and installing media; plants, trash guard, cobble rock; bridging stone, and cast -in -place wall cap; and all other work items required to complete the work in place. There will be no additional compensation for hauling out material. Note: The excavated area is within the upper limits of tidal fluctuations of San Diego Creek. Item No. 9: 10-inch Reinforced Concrete Pavement on 6-inch Crushed Aggregate Base [Square Feet]: Work under this item shall include, but not limited to, providing submittals and manufacturers' certifications, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, reinforcing bars, formwork, and incidentals; for placing, compacting (and compaction testing), and finishing 10-inch concrete on 6-inch crushed aggregate base as indicated on Drawings. Work under this item shall include excavation; subgrade preparation; backfilling; compaction of 12-inch depth of subgrade to 95% of maximum soil density; compaction testing; vibratory compaction of placed aggregate, furnishing and installing geogrid, and all other work items required to complete the work in place. Item No. 10: 4-inch Disintegrated Granite on 4-inch Crushed Miscellaneous Base [Square Feet]: Work under this item shall include, but not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment and incidentals; for preparing the subgrade; compaction and compaction testing; compaction Revision Date: 3/29/2023 SP 18 OF 41 testing; for installing and compacting 4 inches of disintegrated granite with binder on 4 inches of compacted crushed miscellaneous base; installing bender boards (north and south only) and support stakes; filling outside the header boards to match existing grade; and all other work items required to complete the work in place. Item No. 11 Permeable Grid Paving System on 6-inch Crushed Aggregate Base [Square Feet]: Work under this item shall include, but not limited to, providing submittals and manufacturers' certifications; procuring, approving, delivering, material conformance testing, and storing; furnishing all labor, materials, tools, equipment and incidentals; for preparing subgrade; managing saturated soils and/or groundwater; compaction; compaction testing; installing the geotextile over the prepared subgrade; installing permeable grid paving system with clean gravel infill on 6 inches of compacted crushed aggregate base; and all other work items required to complete the work in place., and. Item No. 12: Reinforced Concrete Edge Footing [Lineal Feet]: Work under this item shall include, but not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, reinforcing bars, formwork, and incidentals; placing and finishing concrete on the south and east side of the Truck Turnaround Area as shown on Drawings. Work under this item shall include excavation; subgrade preparation with re -compaction to of 12-inch depth; compaction testing; managing saturated soils and/or groundwater; backfilling; compaction testing; and all other work items required to complete the work in place. Item No. 13: 10-inch Reinforced Concrete Pavement on 8-inch Crushed Miscellaneous Base [Square Feet]: Work under this item shall include, but not limited to, providing submittals and manufacturers' certifications, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, reinforcing bars, formwork, and incidentals; for placing and finishing 10-inch concrete on 8-inch crushed miscellaneous base as indicated on Drawings, Work under this item shall include excavation; subgrade preparation; managing saturated soils or groundwater; backfilling; compaction of 12-inch depth of subgrade to 95% of maximum soil density; compaction testing; vibratory compaction of placed aggregate, furnishing and installing geogrid, and all other work items required to complete the work in place. Item No. 14: Curb [Lineal Feet]: Work under this item shall include but is not limited to furnishing all labor, materials, tools, equipment, and incidentals; providing submittals, procurement, approvals, delivering, and storage; for excavation and preparing subgrade; managing saturated soils and/or groundwater; installing base material with compaction; installing formwork; placing, finishing and concrete; checking for positive drainage of curbs with smoot transitions to the bio-infiltration unit; and all other work items required to complete the work in place. Item No. 15: Striping [Lump Sum]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, and equipment, to paint striping as indicated on concrete pavement; stripe "dot" products as indicated on permeable grid system pavement; and all other works items necessary to complete the work in place. Item No. 16: Rip Rap (Class V, D5o=18 inches, 28-inch Depth) [Cubic Yards]: Work under this item shall include, but not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment and incidentals; Revision Date: 3/29/2023 SP 19 OF 41 providing for dewatering; controlling groundwater or creek water; and installing loose rip -rap per the limits and details in Drawings; protecting existing site conditions surrounding riprap limits; preparation of subgrade; furnishing and installation of geotextile fabric; protecting constructed piping; and all other work items required to complete the work in place. Note: The limits of work for this task are within the tidal prism of San Diego Creek. Item No. 17: 6-inch Perforated PVC Pipe (Drainage) [Lineal Feet]: Work under this item shall include, but not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment and incidentals; and installing 6-inch pipe for drainage collected in the bio-infiltration unit, pipe connections; rock bedding and surrounding geosynthetics shown in typical section; and all other work items required to complete the work in place. Item No. 18: Winch [Lump Sum]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage of winch system components; and furnishing all labor, materials, tools, equipment, and incidentals necessary to construct the foundation; and installing the winch and winch control panel; and all other work items required to complete the work in place. Work under this item shall include subgrade preparation; managing saturated soils or groundwater; compaction; compaction testing; and all other work items necessary to complete the work in place. Item No. 19: Bollards [EA]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, anchors, concrete, formwork, and incidentals; to install bollards per detail, and all other work items necessary to complete the work in place. Item No.20: Pile Removal [Lump Sum]: Work under this item shall include, but is not limited to, providing submittal for the method for cutting piles at or below mudline and removing piles; and furnishing all labor, materials, tools, equipment, and incidentals necessary to remove the piles, install a sediment control curtain, and other work necessary to complete the work in place. Item No. 21: Pontoon, Railway and Boom Piles [EA]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, coatings, pile caps, tools, equipment, and incidentals necessary for mobilization/demobilization for the pile rig including land delivery of crane; construction of pile rig floating platform as needed with placement of crane on float; installing a sediment control curtain; installing piles, pile caps, and coatings; and all other items necessary to complete the work in place. Piles shall be installed per the approved Construction Documents, including the Construction Staging and Implementation Plan, that includes delivery of piles to the project site and installation of the piles landside, within the creek, and on the north and south sides of the creek bank. There will be no additional compensation for hauling out excavated material spoils. Item No. 22: Rail System [Lump Sum]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, and incidentals to install the structural steel components, rails, anchors, screening fence panels, fasteners, connections, coatings, and incidentals necessary to complete the work in place. Revision Date: 3/29/2023 SIP 20OF41 Item No. 23: Pier Catwalk (Pre-engineered or design -build system) [Lump Sum]: Work under this item shall include, but is not limited to, furnishing all professional design services, preparing design documents per the requirements of the Drawings and Specification and submitting design documents to Engineer for approval; providing submittals, procurement, approvals, delivering, and storage; and furnishing labor, materials, tools, equipment, and incidentals necessary to complete the work in place. Catwalk shall be designed and installed within the constraints of the framing provided on the east side of the Railway Pier Piles and shall accommodate the interface components provided and required loadings. Catwalk will include walkway grating or other approved access decking, guardrails, handrails, connections, anchors, gangway guide frame, and other components required to provide an ADA compliant access to the Trash Interceptor Gangway and the extent of the Rail Pier. Item No. 24: Rail Cart (Pre-engineered or design -build system) [Lump Sum]: Work under this item shall include, but is not limited to, furnishing all professional design services, preparing design documents per the requirements of the Drawings and Specifications and submitting design documents to Engineer for approval; providing submittals, procurement, approvals, delivering, and storage; and furnishing labor, materials, tools, equipment, and incidentals necessary to fabricate the rail cart as specified and mount the rail cart on the constructed rail system. Contractor shall provide anchor chains or cables to secure the rail cart to the rail pier system anchor loops and the dumpsters to the rail cart fabricated slide plates. Note: Trash containers will be provided by others. Item No. 25: Gangway Ramp (Pre-engineered or design -build system) [Lump Sum]: Work under this item shall include, but is not limited to, furnishing all professional design services, preparing design documents per the requirements of the Drawings and Specifications and submitting design documents to Engineer for approval; providing submittals, procurement, approvals, delivering, and storage; and furnishing labor, materials, tools, equipment, and incidentals necessary to complete the work in place. Gangway Ramp shall be designed, fabricated, and installed as provided on the Construction Drawings and shall accommodate the interface components provided and required loadings. Gangway Ramp will include walkway grating or other approved access decking, guardrails, handrails, connections, anchors, and other components required to provide an ADA compliant access to the Trash Interceptor Platform. Item No. 26: Trash Interceptor (Pre-engineered or design -build system) [Lump Sum]: Work under this item shall include, but not limited to, furnishing all professional design services, preparing design documents per the requirements of the Drawings and Specifications and submitting design documents to Engineer for approval; providing submittals, procurement, approvals, delivering, and storage; and furnishing all labor, materials, tools, equipment and incidentals for installing the Trash Interceptor including required to complete the work in place. Item No. 27: Boom System [Lump Sum]: Work under this item shall include, but is not limited to, furnishing all labor, materials, tools, equipment, providing submittals, procurement, approvals, delivering, and storage; and other incidentals necessary to install the two booms, floating guides, boom and keeper chains, and sliding attachment system on piles; and all other work items necessary to complete the work in place. Item No. 28: Automated Vehicular Slide Gate [Lump Sum]: Work under this item shall include, but is not limited to, furnishing all labor, materials, tools, equipment and incidentals; providing submittals, procurement, approvals, delivering, and storage; and installing the slide Revision Date: 3/29/2023 SP 21 OF 41 gate and access operator with intercom; and all other work items required to complete the work in place. Item No. 29: Security Fence [Lineal Feet]: Work under this item shall include, but is not limited to, furnishing all labor, materials, tools, equipment, and incidentals; providing submittals, procurement, approvals, delivering, and storage; and installing the fence around Truck Turnaround Area and Solar Power System; and all other work items necessary to complete the work in place. Item No. 30: Man Gate [EA]: Work under this item shall include, but is not limited to, furnishing all labor, materials, tools, equipment, and incidentals and providing submittals, procurement, approvals, delivering, and storage; for installing man gate; and all other work items necessary to complete the work in place. Item No. 31: Landside Solar Power System (Design -build system) [Lump Sum]: Work under this item shall include, but is not limited to, furnishing all professional design services, preparing design documents per the requirements of the Drawings and Specifications and submitting design documents to Engineer for approval; providing submittals; providing submittals, procurement, approvals, delivering, and storage; furnishing all design services, labor, materials, tools, equipment, and incidentals to install the Landside Solar Power System including solar panels on support structure, electrical equipment, equipment cabinets, batteries and battery enclosure, and lighting; and all other work items necessary to complete the work in place. The system shall meet the performance -based design stated in the Construction Documents. Item No. 32: Cable and Conduit [Lump Sum]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment; for installing electrical conduit and conductors, junction boxes, grounding, air switch, and all other work items necessary to complete the work in place. This item includes all cable and wiring connections between the SCADA Control System, Landside Solar Power System, battery array on Trash Interceptor, sliding gate motor and access keypad, winch operation motor and switch/controller, landside lights, lighting on Trash Interceptor, and closed-circuit television security cameras, and all other work items necessary to complete the work in place. Item No. 33: Landside Lighting [EA]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment; for excavation; subgrade preparation; managing groundwater and/or saturated soils; installing light poles with foundations, lights and light fixtures; and all other work items necessary to complete the work in place. Item No. 34: Trash Interceptor Lighting [EA]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment; for installing lights and light fixtures on the Trash Interceptor with air switch; and all other work items necessary to complete the work in place. Item No. 35: Security Camera System [Lump Sum]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, and incidentals to install the Security Camera System including the landside cameras and cameras on the Trash Interceptor; and all other work items necessary to complete the work in place. Revision Date: 3/29/2023 SP22OF41 Item No. 36: SCADA Control System (Design -build system integration) [Lump Sum]: Work under this item shall include, but is not limited to, furnishing all professional design services, preparing design documents per the requirements of Drawings and Specification and submitting design documents to Engineer for approval; providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, instrumentation, equipment, and incidentals necessary to install the SCADA Control System including Trash Interceptor SCADA control panel, conduit and conductors, alarm systems, weather station monitor, and river water level transmitter; and all other work items necessary to complete the work in place. The system shall meet the performance -based integration details presented in the Construction Drawings and Specifications. See Supplemental Specification Sections 40 60 00, 40 66 00, 40 67 00, and 40 68 00 SCADA control system. Item No. 37: Hydroseed [Acre]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; furnishing and broadcasting the hydroseed including liquid humic acid, compost tea, mycorrhizal inoculum, compost, wood fiber, and organic soil stabilizer after performing all operations specified in these construction documents; providing protection for previously installed plant material prior to applying the hydroseed mixture as specified in these specifications; removing all protective material and any overspray immediately following application of the seed application; and all other work items required to complete the work in place. Item No. 38: Fifteen Gallon Trees [Each]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procurement, approvals, delivering, and storage; ordering trees; protecting container trees; pre -watering and installing trees as specified in these construction documents including spotting; excavating plant pits; adding compost/vermicompost blend and filling with compost tea; forming water basin and top dressing with mulch; staking; providing photographic submittals; and all other work items required to complete the work in place. Item No. 39: Temporary Irrigation System [Lump Sum]: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; reviewing the design and preparing a modified design submittal as needed per field conditions (see Section 801.5.1.4 for irrigation design requirements); providing submittals, procurement, approvals, delivering, and storage; for layout and excavation; furnishing and installing a complete and operable temporary irrigation system for the planted areas including connection to the existing 8-inch line as shown on Sheet 3 with master valve; installing water meter, backflow device, valve boxes, quick couplers, galvanized steel pipe casing attached with fasteners along Jamboree Road Bridge, and hose and hose connection boxes; testing and adjustment of system for all piping; all wire from controller to remote master valve; and all other work items required to complete the work in place. Item No. 40: Signage [EA]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, and incidentals necessary to prepare and install signs; and all other work items required to complete the work in place. Item No. 41: Start-up and Commissioning [Lump Sum]: Work under this item shall include, but is not limited to, providing submittals, procurement, approvals, delivering, and storage; furnishing all labor, materials, tools, equipment, and incidentals necessary to establish and Revision Date: 3/29/2023 SP23OF41 demonstrate the proper intended function of all project components. Contractor shall submit all maintenance and operation manuals to Engineer_ Item No. 42: 120-Day Plant Establishment & Maintenance [Lump Sum]: Work under this item shall include, but not limited to, providing all material, labor and equipment necessary to perform the Work required for plant establishment and plant maintenance, including weed removal, as specified in these construction documents. This Work shall not commence until Engineer determines all planting tasks have been completed. Item No. 43: As -Built Drawings [Lump Sum]: Work under this item shall include a redlined set of Drawings submitted by Contractor upon completion of the project. Drawings shall reflect all deviations from Contract Drawings made during construction and show the exact dimensions, geometry, and location of all elements of the work completed under the contract. As -Built Drawings shall be submitted to Engineer." 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 --- ROCK MATERIALS 200-1 ROCK PRODUCTS. 200-2.7 Disintegrated Granite. Add to this section: "The disintegrated granite color shall be an earth tone selected by Engineer. Contractor shall submit a one -gallon container of the proposed Disintegrated Granite mixture to Engineer, prior to purchase or delivery of the Disintegrated Granite material, for approval of the color mix. The gradation of the 3" thick disintegrated granite shall have the following gradation: Retained on 5/8" Sieve 0% Retained on 3/8" Sieve 15% to 25% Retained on No. 4 Sieve 40% to 55% Retained on No. 10 Sieve 65% to 80% Disintegrated granite screenings shall be free from clay lumps, vegetative matter and deleterious material. Additives: Soil solidification comprised of customized co -polymers specifically designed to bind with soils and aggregates such as Technisoil, Natracil or approved equal shall be added to the disintegrated granite." SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE. 201-1.1.3 Concrete Specified by Special Exposure. Add to this section: "Portland cement concrete for Trash Transfer Facility pavement shall be Class 560-C-3250." Revision Date: 3/29/2023 SP24OF41 201-2 REINFORCEMENT FOR CONCRETE. 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 4-inch minimum cover unless shown otherwise on Drawings." SECTION 205 --- PILES 205-2 STEEL PILES This section is superseded in its entirety with Supplemental CSI Specification No. 31 62 16 — Steel Piles, provided in Attachment 1 hereto. Access for the pile installation on the north bank shall be only on designated access roads and within the project boundary. The pile on the south bank shall be installed using an anchored barge. Pile installation within the creek shall be completed by crane or barge with no vehicle directly in contact with creek bottom that may disturbed aquatic species. Equipment and materials shall not enter sensitive habitat outside the project boundary at any time. SECTION 206 --- MISCELLANEOUS METAL ITEMS This section is superseded in its entirety with Supplemental CSI Specification No. 05 12 00 — Structural Steel and CSI Specification No. 35 51 40 — Aluminum Gangway, provided in Attachment 1 hereto. SECTION 211 - MATERIAL TEST Add the following section: "211-7 Agronomic Soil Test. Contractor shall take 2 soil samples on the north side of the creek and one sample on the south side of the creek at locations selected by Engineer. Soil sampling methods shall conform per guidance of the soil testing company. Each composite sample shall be composed of samples collected from the 0 to 6 inch depth with eight to 10 core samples from around a uniform area, mixed in a clean plastic bucket and transferred into a composite sample (approximately 1 pound) soil sample bag. Soil tests shall be performed by an approved soil testing laboratory such as Wallace Laboratories, 365 Coral Circle, El Segundo, CA 90245, telephone number (310) 615-0116, contact Garn Wallace. The minimum tests performed shall be the Agricultural Soils Suitability test, organic matter, Sodium adsorption ratio (SAR) and soil texture for each sample. The test shall include the following: Organic matter content; elements; metals; salinity; pH; SAR; EC; chloride; soil texture (i.e., silt, clay, sand); recommendations for amendments, leaching, and maintenance fertilizations. The results and recommendations of soil testing laboratory shall be submitted to Engineer for review and approval. Revision Date: 3/29/2023 SP25OF41 Products specified by product name in the soil testing laboratory recommendations may be substituted with equal products approved by Engineer." PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 300-1 CLEARING AND GRUBBING. Add the following to Section 300-1.3 Removal and Disposal of Materials: "Piles may be removed by extraction or cutting techniques. Excavation of sediment from around the base of a pile may be required to gain access to portions of the pile that are sound, and to allow for extraction using direct pull methods. Hydraulic jetting devices shall not be used to move sediment away from piling, in order to minimize turbidity and releases to the water column and surrounding sediments. A downstream boom shall be in place if there is a high potential to generate plumes of sediment. If piles will be cut, piling shall be cut at least 6 inches below the mudline." 300-1.5 Removal and Disposal of Materials. Add to this section: "Removal and disposal of non -reinforced concrete, asphalt waste, or other miscellaneous materials shall be done by City -approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the Agency's website at: http://www.AgencV.newport-beach.ca.us/GSV/Frachised Haulers.htm. Limit removals only to areas where earthwork or other construction operations are to be performed. Protect tops, trunks, and roots of existing trees which are to remain on site. Clear areas and dispose of other trees, brush, and vegetation before starting construction. Remove tree stumps and roots larger than 3 inches in diameter and backfill resulting excavations with compacted, suitable material." 300-1.5.1 General. Add to this section: "Contractor shall maintain the job site in a clean and safe condition. Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Contractor shall maintain the job site in a clean and safe condition. Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Contractor is referred to Section 2-9.3-Private Engineers of these Special Provisions for additional information and requirements." 300-4 UNCLASSIFIED FILL. 300-4.1 General. Add to this Section: "Unclassified fill shall be native materials from excavations performed within the limits of the project and shall be approved by Engineer. Imported fill material shall be Class B and shall be similar in color and texture to the on -site material. Contractor will submit samples of the imported material to Engineer for approval. Engineer will provide geotechnical inspection and compaction testing. If testing shows that compaction requirements are not met, costs for geotechnical inspection and compaction retesting of remediation work by Contractor will be invoiced to Contractor." Revision Date: 3/29/2023 SP26OF41 SECTION 302 --- ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT. 302-6.6 Curing. Add to this section: "Contractor shall not open area to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1.2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of Engineer." Add the following: "302-15 Installation of Disintegrated Granite. Placement of disintegrated granite and binder shall follow manufacture's specification. Contractor shall provide Engineer for approval a detailed description of the installation process including preparing subgrade, placing 4 inches of crushed miscellaneous base material and achieving compaction of 95%, installing 4-inch wide bender boards with anchors every four feet, installing 4 inches of disintegrated granite in maximum 2-inch lifts, applying water and Technisoil, Natracil, or approved equal, at every lift to achieve maximum cure and compaction of 95%." SECTION 304 --- METAL FABRICATION AND CONSTRUCTION This section is superseded in its entirety with Supplemental CSI Specification Nos. 05 05 23.16 — Structural Welding, 05 50 00 — Metal Fabrication, and 09 96 00 — High Performance Coatings, provided in Attachment 1 hereto. Add the following: "The Trash Interceptor shall meet the performance -based design shown on Construction Drawings and Specifications. Access for construction of the Trash Interceptor shall be only from the north bank on designated access roads and within the project boundary. Trash Interceptor installation within the creek shall be completed by crane or barge with no vehicle directly in contact with creek bottom that may disturbed aquatic species. Equipment and materials shall not enter sensitive habitat outside the project boundary at any time. The catwalk shall meet the performance -based design shown on the Construction Drawings and Specifications. The catwalk spans from the parking lot to the pier end to provide maintenance workers with access to the trash containers. The design effort includes performing structural engineering calculations for the stringers supporting the catwalk between the already designed cantilever beam supports, as well as additional structural steel that is required including grating (galvanized steel, painted steel, mill finish aluminum, or fiberglass -reinforced plastic), posts, railings, and chains. Catwalk railings shall meet California Division of Occupational Safety and Health requirements." SECTION 305 --- PILE DRIVING AND TIMBER CONSTRUCTION This section is superseded in its entirety with Supplemental CSI Specification No. 31 62 16 provided in Attachment 1 hereto. Contractor shall adhere to the recommendations of the Group Delta geotechnical investigation report for the San Diego Creek Trash Interceptor, February 9, 2021. Revision Date: 3/29/2023 SP27OF41 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-5 DEWATERING. Add the following: "Groundwater may be encountered for excavations below 10 feet NAVD88. Contractor shall refer to the Group Delta geotechnical investigation report for the San Diego Creek Trash Interceptor, February 9, 2021. For excavation and other work below this elevation, Contractor shall be prepared for handling groundwater, diverted creek flow or saturated soil conditions. Additional compensation for these preparations will not be approved." PART 4 EXISTING IMPROVEMENTS SECTION 402 --- UTILITIES 402-1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, Contractor shall remove all utility markings." 402-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to City. The contactor shall protect the existing sewer lines in place. The sewer lines shall be located by Contractor prior to construction. In areas of excavation, the line shall be potholed at a minimum of two (2) locations, and shall be coordinated with Engineer. The results of the pothole data shall be provided to Engineer prior to construction. No material may be stockpiled above the sewer lines. Any damage to the existing sewer lines shall be the sole responsibility of Contractor including all other losses that may occur as a result of the damage." Add the following sections "402-7 ADJUSTMENTS TO GRADE. Contractor shall adjust or replace to finish grade Agency -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. Contractor shall contact other utility Agencies to have other existing utilities adjusted to finish grade. Contractor shall coordinate with each utility company for the adjustment of their facilities. 402.8 SALVAGED MATERIALS. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Steffen Catron, Utilities Operations Manager, at (949) 718- 3402." Revision Date: 3/29/2023 SP 28 OF 41 PART 8 LANDSCAPING AND IRRIGATION SECTION 800 --- LANDSCAPING AND IRRIGATION MATERIALS 800-1 LANDSCAPING MATERIALS. 800-1.1 Topsoil. 800-1.1.1 General. Add the following: "Unless otherwise specified on the Contract Documents or required by Engineer, topsoil shall be Class "B" in accordance with the requirements of 800-1.1.3." 800-1.1.3 Class "B" Topsoil. Add the following: "Class "B" Topsoil shall be the clean native material, free of large stones, and suitable for the project's plants and hydroseed." 800-1 LANDSCAPING MATERIALS. Add the following subsection: "800-1.3.1 Hydroseed Materials. Fiber. Fiber shall be produced from virgin wood fiber mulch and shall be free of synthetic or plastic materials. A Certificate of Compliance for fiber shall be furnished to Engineer. Fiber shall be nontoxic to plant or animal life. Fiber shall have a water -holding capacity by weight of not less than 1,200-percent. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water and when used in the applied mixture, absorption of porous matte, but not a membrane, will result on the surface of the ground. Water content of the fiber before mixing into slurry shall not exceed 15-percent of the dry weight of the fiber. The percentage of water in the fiber shall be determined by California Test 226. Commercially packaged fiber shall have the moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied, and shall not stain concrete or painted surfaces. Seed. Seeds will be procured from either 1) on -site vegetation or 2) from a native seed -supply company and shall originate within coastal Orange, San Diego, Los Angeles County, or Santa Barbara County or, if not available, be commercially grown. Seed shall be less than 2 years old. Seed shall conform to the provisions of Materials in these Specifications. Individual seed species may be measured and premixed prior to delivery by the seed supplier or in the presence of Engineer. Seed not required to be labeled under the California Food and Agricultural Code shall be tested for purity and germination by a seed laboratory certified by the Association of Official Revision Date: 3/29/2023 SP29OF41 Seed Analysts, or a seed technologist certified by the Society of Commercial Seed Technologists. Seed shall have been tested for purity and germination not more than one year prior to application of seed. Results from testing seed for purity and germination shall be furnished to Engineer prior to applying seed. If additional seed is required, then arrangements shall be made with the seed company and Engineer to secure the material in a timely manner. Seed required to be labeled under the California Food and Agricultural Code shall be labeled by the vendors supplying such seed. Contractor shall save seed labels and submit them to Engineer at the time of seeding operations. Seed specified without a purity or germination requirement shall be labeled to include the name, date (month and year) collected, and the name and address of the seed supplier. Said seed, at the time of sowing, shall be from the previous or current year's harvest. All shipments of seed not accompanied by a valid California Nursery Stock Certificate shall be reported to the County Agricultural Commissioner at the point of destination for inspection and shall be held until released by the Commissioner. Seed shall be labeled and furnished in sealed standard containers. The seed shall be pure live seed and not contain more than 0.1 percent weed seed by volume. Seed that has become wet, moldy, or otherwise damaged will not be accepted. Seed in broken or damaged containers will be rejected. Potential seed sources include: S&S Seeds, P.O Box 1275, Carpinteria, California 93014. Contact: Jody Miller, telephone number (805) 684-0436. Irvine Ranch Conservancy. Contact: Riley Pratt, telephone number (949) 307-4060. Humic Acid. Humic acid shall be included in the hydroseed slurry mix as a neutralizer of chlorine and chloramine found in municipal water. Humic acid in liquid form shall be derived from Leonardite. Fulvic acid, legally sold in California as humic acid, is not acceptable. Humic acid shall be dark chocolate in color and verified with Engineer prior to use. Leonardite is used to reduce the take-up of metals by plants in soil, particularly when combined with compost. Soil Stabilizer. Dry powdered mucilloid, derived from seed husks, shall be used to hold seed in place, promote germination, and control erosion, available as Ecology Control M-Binder, or approved equal. Revision Date: 3/29/2023 SP30OF41 Compost/Vermicompost Blend. Compost/vermicompost blend shall: 1. Be derived from green material consisting of chipped, shredded or ground vegetation or clean processed recycled wood products, or Class A exceptional quality biosolids compost, or a combination of the two, as required by U.S. EPA, 40 CFR, part 503c regulations. 2. Be processed to reduce non-native plant seeds and deleterious material; and shall not contain paint, petroleum products, herbicides, fungicides or other chemical residues that would be harmful to plants or animals. 3. Not contain other deleterious materials such as plastic, glass, metal, or rocks, defined as not more than 0.1 percent by weight or volume. 4. Have a minimum maturity level of 7.0 as measured on a Slovita test kit. Compost shall be screened through a minimum of 1/4-inch screen. 5. Have moisture content of 35 percent or less as determined by California Test 226. (Compost products with a higher moisture content may be acceptable, provided the weight of the compost is increased to equal compost with maximum moisture content of 35 percent.) 6. Have a bacterial biomass of 300 micrograms/gram and a minimum fungal biomass of 450 micrograms/gram, with a minimum Fungal to Bacterial biomass ratio of 1.5:1, as determined by microbial assessment. An 80/20 com post/verm icom post blend ("Garden Blend Plus") can be procured from Earthworm Soil Factory in Chico, CA. (530) 895-9676. Vermicompost can also be procured from VeriseTM 17127 Highway 243 Banning, CA 92220, 951-692-1691. Order in advance of application to ensure availability (two to 3 months advance order recommended). Mixing of the compost and vermicompost shall thoroughly blended onsite, if procured from different contractors. The Contractor must coordinate with the Engineer as to when the co m post/verm icom post blend should be delivered onsite. Compost/vermicompost mix shall not be stored more than 5 days onsite. Onsite storage shall be in piles no greater than 4 feet in height and shall be kept moist (35% moisture), but not be saturated. Compost moisture levels shall be monitored daily while stored onsite and moisture levels of outside and center of pile reported to Engineer for approval." 800-2 — IRRIGATION SYSTEM MATERIALS. This section is superseded in its entirety with Supplemental CSI Specification No. 32 80 00 — Irrigation System, provided in Attachment 1 hereto. Add the following to Part 2 — PRODUCTS, 2.01 - MATERIALS, A. General Piping: "Valves shall be the type and size shown on Drawings. Rubber diaphragms shall be EPDM or as approved by Engineer. Manual Drain Valve. Manual drain valves shall be 3/4-inch size bronze angle valve with rising stem and cross -type handle. Shall be Hammond, Buckner, or approved equal." Revision Date: 3/29/2023 SP 31 OF 41 Add the following Part 2 — PRODUCTS, 2.01 - MATERIALS, G. Valve Boxes: "Valve boxes shall be plastic composite with locking lid, size and shape to provide clearances from valve as indicated." Valve boxes shall be heat branded with 2-inch letters denoting the type of valve housed within, per the following: Heat Brand Valve Type MV Master Valve RCV, # Remote Control Valve, Valve Number FS Flow Sensor BV Ball Valve QC Quick Coupler" SECTION 801 —INSTALLATION 801-1 GENERAL. Add the following: "All combustible materials, trash, debris, and other waste materials from any construction operations shall be legally disposed of outside the Project Site. Contractor shall protect all existing structures or facilities that are adjacent to or fall within the limits of the Work to be done under this Contract. Any structure or facility to be protected, which is damaged as a result of Contractor's construction operation shall be replaced by Contractor at his/her cost, to the satisfaction of Engineer. Engineer will review the site preparation and must indicate approval to Contractor before planting or seeding may commence. Contractor must give Engineer at least 72 hours' notice before a site review." Add the following subsections: "801-1.1 Non-native Vegetation Control. During the 120 Plant Maintenance and Establishment period, non-native plants shall be removed according to these Specifications. Eradication of non-native plant species shall be performed by hand pulling and weed whacking. If hand pulling or mechanical methods do not adequately control the weeds, herbicide use or other methods approved by Engineer shall be used. The use of herbicides shall be in accordance with Section 801-1.6 and Project permits that include prohibition of the use of chemical within 25 feet of San Diego Creek and existing storm drain outfalls. Engineer will assist Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided. Weeds shall be manually removed prior to flower development at intervals of not more than 15 days. All portions of the plant will be removed, including the roots. The weeds may not exceed one foot in height or width. If herbicide use is necessary, the type, quantity, and method of herbicide application will be determined by Engineer. Contractor shall confirm with Engineer regarding the selection of target Revision Date: 3/29/2023 SP32OF41 weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible. If herbicide is used it should be done as part of a natural grow -kill cycle where the seed bank is allowed to germinate for approximately 21 days from natural rainfall before the first application. About 2 weeks after the first application, non- native plants should be given another 14 days before the second application. No herbicides shall be used on native vegetation or where Threatened or Endangered species occur and within 25 feet of San Diego Creek or existing storm drain outfalls. Contractor shall coordinate with Engineer to determine the presence of Threatened or Endangered species. Contractor shall notify Engineer at least 48 hours prior to each application of herbicide/pesticide and shall indicate the hours of application. Contractor shall post notices one day prior to any chemical application throughout the site where the public can view. No application of pesticides shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved by Engineer. Pesticides shall not be applied when weather conditions, including wind conditions, are unsuitable for such work. Wind velocities shall not exceed five miles per hour during application of herbicides. Target non-native vegetation to be controlled includes, but is not limited to, the following: Table 2: Examples of target on -native vegetation. Species Name Common Name Arundo donax Giant reed Callistemon citrinus Crimson bottlebrush Carpobrotus edulis Hottentot fig Conium maculatum Poison hemlock Schinus terebinthifolius Brazilian peppertree Washingtonia robusta Mexican fan palm Species list is not all-inclusive. All non-native plants shall be removed from within revegetation areas. Contractor will remove off -site all non-native plant material in a legally acceptable manner to a location that prevents its re-establishment. 801-1.2 Non-native Tree Removal. Tree Removal. In areas of grading, all portions of exotic trees (and other non-native vegetation) shall be removed. Trunks and root balls can be mechanically pulled -out by Contractor prior to excavation, or they can be removed as part of mass grading. Contractor shall present the means and methods to Engineer. Removal of the root ball includes removal of root biomass at least three (3) feet below the current ground surface and within a two and one half (2.5) foot radius centered under the main trunk (i.e., within a 5-foot diameter circle). Contractor is permitted to cut larger tap and/or lateral roots to complete removal of the root ball. Revision Date: 3/29/2023 SP 33 OF 41 Native vegetation shall be preserved and protected in non -grading areas. It will be marked by Engineer and reviewed in the field with Contractor prior to tree removal. Contractor may request permission from Engineer to prune native vegetation to establish an acceptable work clearance area. 801-1.6 Herbicides and Pesticides. The use of herbicides shall be in accordance with the Project permits that include prohibition of the use of chemical within 25 feet of San Diego Creek and existing storm drain outfalls. Contractor shall comply with all rules and regulations of the Department of Pesticide Regulation, Department of Food and Agriculture and the Department of Health, the Department of Industrial Relations, and all other agencies that govern the use of pesticides required in the performance of the Work on the Contract. Pesticides use shall be minimized and used only when hand pulling is not possible. Pesticides shall be limited to herbicides unless otherwise authorized by Engineer. Contractor shall obtain recommendations for the use of all herbicides from a licensed Pest Control Adviser (PCA) in accordance with the requirements of the California Food and Agricultural Code, and these Specifications. Herbicide recommendations shall include, but not limited to, the herbicide to be used, rates of application, methods of application, and areas to which herbicides are to be applied. At no time shall pre -emergent herbicides be used. Herbicides shall be mixed in accordance with the instructions provided on the applicable registered label. Prior to mixing any herbicide, a copy of the registered label for the herbicide to be mixed shall be given to Engineer, or when such copy is unavailable, Engineer shall be permitted to read the label on the container. Herbicides for weed control shall be applied with a photosensitive dye that will produce a contrasting color when sprayed upon the ground. The color shall disappear between 2 and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or animal life when applied at the manufacturer's recommended application rate. Where control of non-native vegetation is required and the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, the Pest Control Advisor (PCA) shall recommend only those herbicides, such as Aquamaster® or Rodeo® (Glyphosate), which are approved for aquatic use. If surfactants are required, they shall be restricted to non-ionic chemicals, such as AgriDex, which are approved for aquatic use. Vegetation killed by herbicide shall be removed and disposed of legally off -site within 2 days." 801-4 PLANTING 801-4.5 Tree and Shrub Planting. Delete entire section and replace with the following: "The success of the revegetation area hinges on proper implementation of this plan, including completion of Contractor responsibilities, proper site preparation, soil amendments, timing of Revision Date: 3/29/2023 SIP 34OF41 planting and seeding, site protection, general seeding specifications, substitutions, sources, and guarantees. Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of trees the plant materials during the Contract period. Contractor shall notify Engineer if any plants are found to (1) not have root systems at a fully developed state within the container, (2) hair roots do not extend to the edge of the container, or (3) any root -bound plants. Root balls may require scarification to the satisfaction of Engineer. No boxed, balled or canned trees shall be planted if the ball is broken or cracked, whether before or during the process of planting. Any tree transplanted by Contractor that dies or has bark, branch or die -back injury shall be replaced at Contractor's expense with an equal tree to the satisfaction of Engineer. Contractor shall not install trees when it is obvious in the field that conditions exist which are detrimental to tree survival and growth. Such conditions shall be brought to the attention of Engineer. No trees shall be transported to the planting areas that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the act of placement. Any tree that, in the opinion of Engineer, is dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at Contractor's expense. No planting shall be done in any area until the area concerned has been prepared in accordance with these Specifications and presents a neat and uniform appearance satisfactory to Engineer. All inspections herein specified shall be made by Engineer. Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the planting work: a) During preliminary grading and initial removal of existing plants. b) When trees are placed for installation, but before planting holes have been excavated. c) When all specified work has been completed (prior to the Maintenance and Establishment Period). d) Final inspection at the completion of the Maintenance and Plant Establishment period. Contractor's failure to obtain inspection will extend the start and/or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by Engineer. Revision Date: 3/29/2023 SP35OF41 As possible, site preparation and hydroseeding shall be seasonally timed to capture winter/spring rainfall with seeding of material occurring just prior to the rainy season and before mid -February. Establishment maintenance will begin immediately following seeding and planting as approved by Engineer. Engineer will direct the City's Biological Monitor to assist Contractor with the tree layout. All trees shall be planted to the following specifications: • Planting holes shall be at a minimum twice the depth and width of the containerized plant, or a minimum of twice the width containerized plants. • Prior to planting, the planting hole shall be filled 1/3 with compost/vermicompost blend and filled with compost tea, and allowed to drain. • Trees shall be set in the planting hole so that the crown of the root ball is approximately 1-2 inches above finish grade. Under no circumstance should the plant crown be buried. • A watering basin shall be provided around each plant from 36 inches in diameter.?? • Watering basins shall be filled with compost tea after planting. • Plant basins shall be mulched with approximately 2 - 4 inches of approved wood mulch or compost after planting. Planting done in soil that is too wet, too dry, not properly conditioned or in a condition not generally accepted as satisfactory for planting as provided in these Specifications, will not be accepted. Container stock shall be thoroughly watered the day before planting. No trees shall be distributed in a planting area than cannot be planted and watered on that day. Planting holes may be excavated by hand digging or by drilling. Water shall not be used for the excavation of planting holes. Contractor shall avoid creating smooth, vertical walls in the planting hole, and scarify the side of planting holes with shovel or digger bar if an auger is used. With the palm of the hand covering the open end, upend the plant container. Carefully tap the container so the plant rests upside down on the hand leaving the root ball completely intact. Plants shall be removed from their containers in such a manner that the ball of earth surrounding the roots is not broken. Plants shall be planted and watered as hereinafter specified immediately after removal from their containers. Plant containers shall not be cut prior to delivery of the plants to the planting area. Examine the plant for a healthy root system. If there are signs of girdling, scarify the root ball. Before placing the container plant on the backfill, work the soil around the roots so that they are not compressed into a tight mass, but are spread and supported by the soil beneath them. Set root ball atop backfill so the root crown is slightly above finished grade. Revision Date: 3/29/2023 SP 36 OF 41 Fill remaining portion of planting hole with backfill. Be sure the crown is still slightly above grade. If the backfill material settles below the top of the root ball after planting and watering, additional soil shall be added to bring the backfill even with the top of the root ball as shown on the Plans. Construct hand -compacted earth berm watering basin, per details on the plans approximately 3-foot wide. Apply two inches (2") of mulch as top dressing within the entire watering basin. Mulch shall be of the size and type as specified in these Specifications. Mulch must not be placed directly against the main stem of the plant." 801-4.8.2 Seed. Delete this section and add the following: "801-4.8.2 Seeding and Hydromulch Application. Contractor may subcontract with a licensed hydroseed installer (hereinafter referred to as "Subcontractor") for hydroseed operations and a specialist for preparing the compost tea. Contractor shall ensure that the Subcontractor will apply seeds, compost, mycorrhizal inoculum, and stabilizing compound conforming to these Specifications. Hydroseeding will proceed after Engineer has certified that the hydroseed site preparation work has been completed. Seed and other additives shall be uniformly applied to those planting areas as specified in the Plans and Specifications. All weeds will be cleared by Contractor prior to hydroseeding. The ground will be thoroughly wetted to a minimum of 4" depth prior to hydroseeding. Hydroseeding of the specified native seed mixes will be applied to all revegetation areas. Seeds shall be supplied on the basis of bulk weight, percent purity, and percent germination from a qualified Southern California native seed supplier. The native seed mix, together with the liquid humic acid, compost tea, mycorrhizal inoculum, compost, wood fiber, and organic soil stabilizer shall be applied by hydroseed as follows: Unless approved otherwise by Engineer, the hydroseed mixture will consist of the following mixture in the proportions indicated, as specified in the table below. The hydroseed mixture shall be applied with hydroseeding equipment within 60 minutes after the seed and mycorrhizae have been added to the mixture: Table 3: Application Mixture Material Quantity per acreage Liquid Humic Acid 2 gallons Compost Tea 5 gallons Specified Seed Mix Asspecified on Drawings M corrhizal Inoculum 30 liters or per manufacturer's recommendation Wood Fiber 2000 Ibs Soil Stabilizer 160 Ibs Revision Date: 3/29/2023 SP37OF41 The mixture of seed and additives shall be applied by a hydro mulching machine. The materials for hydroseeded areas shall be machine mixed before application. The nozzle height shall be between 3 feet and 10 feet above the ground level. Discharged pressure at the nozzle shall be 100 psi. Equipment must have a minimum capacity of 1,500 gallons, and a positive displacement pump with the ability to agitate and properly mix the above materials. Pump must be capable of creating 100 psi pressure with sufficient volume to distribute slurry evenly over 12,000 square feet within a 15-minute period. At the time of hydroseeding, all hydroseed mixing shall be performed in a clean tank (thoroughly rinsed a minimum of three times in the presence of Engineer) with a built-in continuous agitation and recirculation system of sufficient operating capacity to produce a homogeneous slurry and a discharge system that will apply the slurry to the designated areas at a continuous and uniform rate. Humic acid shall be applied to the water in the tank and mixed well prior to the addition of all other ingredients. All native seed will be soaked for 15 minutes in the compost tea and then air dried prior to addition of the seed into the hydroseed tank. Native seed, compost tea, mycorrhizal inoculum, wood fiber, and soil stabilizer should be added to the hydroseed tank and allowed enough time to fully incorporate into the hydroseed slurry. Once the seed, compost tea, and mycorrhizal inoculum are added to the mixing tank, application must be made within 1 hour. The ratio of total water to total stabilizing emulsion in the mixture shall be as recommended by the manufacturer of the emulsion. Any mixture containing stabilizing emulsion shall not be applied during rainy weather or when soil temperatures are below 400 F. Pedestrians or equipment shall not be permitted to enter areas where mixtures containing stabilizing emulsion have been applied. The tanks must be emptied completely during each stage of hydroseeding. Excessive mulch coating on surrounding native vegetation must be removed. Contractor shall be responsible for plant lost due to intentional or unintentional damage caused by hydroseeding activity, and shall be required to replace each lost plant, at the discretion of Engineer. Any slurry mixture that has not been applied by Contractor within 4 hours after mixing shall be rejected and replaced at Contractors expense. In addition, all costs incurred for repair or replacement of bare, sparse, or damaged areas shall be the sole responsibility of Contractor. Following application, all activity on the mulch layer must be kept at a minimum. Any slurry spilled outside of the Project Limits or below the creek's high-water line, on trails, or hardscape shall be cleaned up at Contractor's expense to the satisfaction of Engineer. Contractor shall take responsibility for equipment access on to the work site, protection of the Creek from any equipment fluid leaks and spills, and protection of heavy overspray of hydroseed material. Contractor shall be responsible for all clean-up and repairs of non- hydroseeded area to its original condition as deemed reasonable. Revision Date: 3/29/2023 SP38OF41 All remaining bare spots shall be re-hydroseeded by Contractor within 10 days following initial watering application. Contractor shall be responsible for all reseeded areas for as long after seeding as necessary until an acceptable stand of hydroseeded material is realized and approved by Engineer (95% coverage)." 801-4.9.5 Watering. Delete this section and add the following: "Water shall be applied with a hose, a water disbursement device or pressure -reducing device approved by Engineer. Water shall be applied in an arc to reduce erosion of the hydroseed layer. The planted areas shall be irrigated to the minimum level required to germinate the seeded areas. Contractor shall monitor soil moisture with a soil probe to verify depth of irrigation." 801-5 — IRRIGATION SYSTEM INSTALLATION. This section is superseded in its entirety with Supplemental CSI Specification No. 32 80 00 — Irrigation System, provided in Attachment 1 hereto. Delete Section 3.05 and replace with the following: "Flushing. After irrigation system is constructed, flushing for five minutes or until water flows clearly. Cap risers immediately after flushing. Pressure Testing. Notify Engineer a minimum of 24 hours in advance when requesting inspection of pressure test Conduct test in presence of Engineer. Test shall be conducted with backflow prevention when installation is complete and prior to backfilling. Laterals will be visually inspected for proper solvent welds and leaks prior to backfilling but no pressure test will be required. Piping must not lose more than 4 psi after 60 minutes at 125 psi. Correct defects and retest until approved by Engineer." 801-6 MAINTENANCE AND PLANT ESTABLISHMENT. Delete the entire section and replace with the following sections: "801-6.1 General. Contractor shall maintain the project on a continuous basis from the first day after the hydroseeding is complete and approval for all Work has been obtained from Engineer to start the 120-calendar day Maintenance and Plant Establishment Period. Contractor shall request an inspection by Engineer after hydroseed application for acceptance of the Work in writing. In the acceptance letter to Contractor, Engineer will state the beginning and ending date of the Maintenance and Plant Establishment Period. Contractor shall schedule regular inspection meetings with Engineer during the period. The frequency of the meetings shall be as required by Engineer, but no less than one per month. Contractor shall provide all labor, materials and equipment to perform Work during the Post - Installation Maintenance Period, as specified herein, including but not limited to, adequate Revision Date: 3/29/2023 SP39OF41 watering of hydroseed material, replacing declining hydroseed materials, regular inspections, and controlling weeds. Any day Contractor fails to adequately water or perform work determined to be necessary by Engineer will not be credited as part of the Post -Installation Maintenance Period. Contractor shall replace any vegetation indicating weakness or probability of dying due to Contractor negligence during the Plant Establishment Period at his/her own expense. Contractor shall be available within five (5) working days of request by Engineer for replanting or any other maintenance activity Work determined to be necessary by Engineer. The Plant Establishment Period may be extended by the City if the project is improperly maintained, appreciable replacement is required, or other corrective work becomes necessary. Contractor shall request an inspection within the last five (5) working days of the Plant Establishment Period for acceptance of the Work performed in accordance with the Contract Documents. The request shall be made to Engineer a minimum of five (5) working days prior to the date of the inspection. Engineer will notify Contractor in writing of the satisfactory completion of the Maintenance and Plant Establishment Period." 801-6.2 General Maintenance Duties (120-day Maintenance and Plant Establishment Period). The following tasks to be performed by Contractor as general maintenance duties during the Maintenance and Plant Establishment Period include, but are not limited to: 1. Plant inspection 2. Non-native plant control 3. Trash and debris removal 4. Pest Control 5. Seed replacement 6. Watering 801-6.2.1 Plant Inspection. All native plants shall be maintained in their natural shapes. No pruning is necessary or desirable. All dead wood must remain on the plant or where it has fallen. If during the 120-day period the PSHB has been identified in newly establishing vegetation, Engineer shall be notified immediately and a map prepared. The disease plant shall be removed and appropriate disposal of the dead plant shall occur within 48 hours. 801-6.2.2 Weed Control. The project site shall be maintained free of weeds during the 120 consecutive days of the Maintenance and Plant Establishment Period. Non-native plant eradication will minimize competition that would prevent the establishment of native species. Maintenance personnel will be trained to distinguish weedy plant species from native vegetation to ensure that only weedy species are removed or sprayed with herbicide. During the Maintenance and Plant Establishment Period, weeds shall be manually removed either before they can attain a height of twelve inches (12") or produce flowers, whichever Revision Date: 3/29/2023 SP40OF41 comes first. All portions of the plant will be removed, including the roots. If the site is not weeded within one week of achieving any of the above criteria, a penalty of liquidated damages equal to $500 per day will be imposed on Contractor by City after the seventh day. Pulled weeds will be placed on a "mantilla" to prevent the seeds from coming in contact with the ground, and removed from the project site on a daily basis. A cleared space 12 inches from the base of native vegetation germinating and growing within the hydroseeded areas. Leaf and branch drop, and organic debris of native species shall be left in place. 801-6.2.3 Non-native Tree Control. Contractor shall monitor the project site for regrowth or suckering of non-native tree species removed during construction operations. Trees or suckers that regrow from cut stems or root fragments remaining in the ground shall be manually excavated and disposed of off -site. Any trees that are treated with stem injection or foliar spray shall be monitored for appropriate response and success of treatment. Re -treatment may be required prior to conclusion of the 120-day maintenance period as directed by Engineer. 801-6.2.4 Trash and Debris Removal. All areas of the project site shall be kept clean and free of weeds, litter, trash, and debris during the Maintenance and Plant Establishment Period. The project site shall be well maintained in order to deter vandalism and dumping of trash. Contractor shall, during daily routine maintenance, remove weedy debris, inorganic litter, trash, and other debris from the project site and dispose of off -site as permitted by law. Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall notify Engineer regarding vandalism or dumping of trash immediately upon detection. Dead limbs and tree fall shall be left in place in the revegetation areas 801-6.2.6 Pest Control Contractor is responsible for germinating and maturing herbs, trees and shrubs for signs of disease, insect and/or predator damage, and treating as necessary. Contractor shall repair and/or replace all damaged plants caused by rodents, disease, and/or insects. Badly damaged plants shall be removed or pruned to prevent spreading of the pestilence and replaced in kind if removed. Excessive foraging by predators may necessitate protective screening around plants. 801-6.2.6 Seed Replacement. Hydroseeded areas showing less than 50 percent germination coverage of desired native plant material at 60 days after installations or as determined by Engineer, and showing no signs of vandalism or erosion (not due to excessive irrigation), will be reseeded by Contractor at Contractor's expense. Revision Date: 3/29/2023 SP 41 OF 41 Any reseeding necessary to improve sparsely covered areas will be conducted following the same procedures described in these Specifications. Such reseeding may be performed by hand broadcasting or hydroseeding as approved by Engineer. 801-6.2.7 Watering Once seed is in place, Contractor will be responsible for supplying sufficient water to adequately germinate and establish the seed. The frequency of irrigation will depend on plant health/vigor, soil moisture and the rate of evapotranspiration occurring between irrigation events. The irrigation schedule will be based on planting zones and related water needs of the plants. The following management scheme is recommended: • Initially keep hydroseeded areas moist, until seeded material has germinated. • Allow soil to dry down to approximately 50 to 60 percent of field capacity (in the top 6 to 10 inches after germination and during seedling establishment) before the next irrigation cycle. Wetting of the full root zone and drying of the soil between irrigation events is essential to the maintenance of the plants and the promotion of a deep root structure that will support the vegetation after establishment. A soil probe or shovel is useful to directly examine soil moisture and rooting depth." Revision Date: 3/29/2023 SPECIAL PROVISIONS ATTACHMENT 1 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SOUTH COAST REGION 3883 RUFFIN ROAD SAN DIEGO, CA, 92123 STREAMBED ALTERATION AGREEMENT EPIMS-ORA-22367-R5 SAN DIEGO CREEK ROBERT STEIN CITY OF NEWPORT BEACH SAN DIEGO CREEK TRASH INTERCEPTOR PROJECT This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Newport Beach (Permittee), as represented by Robert Stein. RECITALS WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on September 2, 2021 that Permittee intends to complete the project described herein. WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The project is located at San Diego Creek, in the City of Newport Beach, County of Orange, State of California; Latitude 33.651364, Longitude-117.865831; or Section 13, Township 6 South, Range 9 West, U.S. Geological Survey (USGS) map Tustin 7.5- minute series topographical quadrangle. The project is bound by Jamboree Road and the Upper Newport Beach Ecological Reserve to the west, natural open space to the north and south, and California State Route 73 to the east. The project is located within the County of Orange Central and Coastal Subregion Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) Reserve. PROJECT DESCRIPTION Ver. EPIMS 03/08/2022 EPI MS-O RA-22367-R5 Streambed Alteration Agreement Page 2 of 16 The project is limited to the installation of a water wheel, floating boom, floating trash interceptor, fixed rail transfer system, gangway, and solar power supply on the northern bank of the San Diego Creek (creek); grading; and, creation of an access road as part of an overall trash collection system (Exhibit A). The trash collection system will use floating booms to collect and guide surface trash and debris towards a rake and conveyor belt system powered by the water wheel. The boom net depth will be a maximum of three feet underwater with about five to seven feet of open water at low tide, and the mesh size of the net is 3/8 inches thick. The rake and conveyor belt system will lift floating debris and deposit it on to a second conveyor belt that will transport the debris into a dumpster located on a concrete pad adjacent to the water wheel. The water wheel will generate its own power from the currents of the creek. Supplemental power will be obtained by an array of solar panels on top of the water wheel in events of low water flow. Excess energy will be stored in a battery array to be utilized during periods of little to no sunlight. The project site will first be graded to create an access road from an existing maintenance road east of Jamboree Road that connects to a concrete pad for the dumpster and the water wheel. Creek banks within the project site will be re -graded in order to provide proper drainage of the site and to prevent erosion. Erosion control in the form of straw wattles will be installed along the limits of disturbance as needed throughout earthwork activities. The graded pad will then be filled with concrete in order to support the dumpster. Fifteen existing abandoned piles within the creek will be removed and 19 new piles for the water wheel system will be installed via pontoons and spud piles. The containment booms will then be installed in the creek. The water wheel, trash transfer rail system, and fixed access catwalk will then be assembled (Exhibit B). A chain link fence will be erected around the concrete pad containing the dumpster and the access catwalk. Equipment will access the project site from the existing maintenance road east of Jamboree Road. Heavy equipment to be used include graders, concrete/industrial saws, tractors/loaders/backhoes, rubber -tired dozers, cranes, air compressors, cement and mortar mixers, aerial lifts, forklifts, pavers, rollers, a pontoon, and a pile driver. Project activities are anticipated to take 4 months to complete. Mitigation activities include the restoration and enhancement of the site via the removal of non-native vegetation (Exhibit C) and seeding with a native seed mix (Exhibit D). Non-native vegetation will be removed by hand or by herbicide where hand removal is not practicable. The project shall not prevent or impede the passing of fish up and down stream, which may violate Fish and Game Code section 5901. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect include: Fish: sea mullet (Mugil cephalus); Reptiles: western fence lizard (Sceloporous occidentalis); Birds: blue -winged teal (Anas discors), mallard (Arras platyrhynchos), Ver. EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 3 of 16 gadwall (Anas strepera), lesser scaup (Aythya affinis), redhead (Aythya americana), bufflehead (Bucephala albeola), Anna's hummingbird (Calypte anna), American goldfinch (Carduelis tristis), great blue heron (Ardea herodias), house finch (Carpodacus mexicanus), snowy egret (Egretta thula), American coot (Fulica americana), common yellowthroat (Geothlypis trichas), song sparrow (Melospiza melodic), northern mockingbird (Mimus polyglottos), ruddy duck (Oxyura jamaicensis), osprey (Pandion haliaetus), double -crested cormorant (Phalacrocorax auritus), eared grebe (Podiceps nigricollis), California towhee (Pipilo fuscus), bushtit (Psaltriparus minimus), Allen's hummingbird (Selasphorus sasin), California thrasher (Toxostoma redivivum), house wren (Troglodytes aedon), least Bell's vireo (Vireos bellii pusillus), mourning dove (Zenaida macroura); Mammals: coyote (Canis latrans); Plants: western ragweed (Ambrosia psilostachya), Menzies' fiddleneck (Amsinckia menziesii), California sagebrush (Artemisia californica), quailbush (Atriplex lentiformis), spear orache (Atriplex patula), coyote bush (Baccharis pilularis), mulefat (Baccharis salicifolia), hairy sun cup (Camissoniopsis pubens), clearwater cryptantha (Cryptantha intermedia), western tansy mustard (Descurainia pinnata), salt grass (Distichlis spicata), bush sunflower (Encelia californica), common eucrypta (Eucrypta chrysanthemifolia), alkali heath (Frankenia salina), seaside heliotrope (Heliotropium curassavicum), Menzie's goldenbush (Isocoma menziesii), marsh jaumea (Jaumea carnosa), common phacelia (Phacelia distans), pickleweed (Salicornia pacifica), arroyo willow (Salix lasiolepis), California bullrush (Schoenoplectus californicus), Douglas' nightshade (Solanum douglasii), blue elderberry (Sambucus nigra spp. caerulea). The adverse effects the project could have on the fish or wildlife resources identified above include: loss of natural bank; change in contour and gradient of bank; increase of bank erosion during construction; soil compaction; short-term release of contaminants; colonization by exotic plant species; creation of predatory fish habitat; hydroacoustic impacts to fish by pile driving; disruption to nesting birds and other wildlife; disturbance from project activity; and, change in shading leading to vegetative change. The project will permanently impact 0.18 acre consisting of 0.07 acre of fennel stands, 0.06 acre of quailbush scrub, 0.03 acre of disturbed quailbush scrub, and 0.02 acre of highway ice plant from the installation of the water wheel system. The project will temporarily impact 0.32 acre consisting of 0.16 acre of quailbush scrub, 0.07 acre of disturbed quailbush scrub, 0.05 acre of highway ice plant, and 0.04 acre of fennel stands from the grading of the site. MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Protect Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily Ater. EPIMS 03108/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 4 of 16 available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Protect Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. 2.1 Qualified Biologist. Permittee shall have a qualified biologist on site daily during project activity to ensure that Agreement conditions are being met and minimize impacts to fish and wildlife habitat. The biologist shall be familiar with native wildlife species, including least Bell's vireo, and shall be authorized to stop construction if necessary to protect fish and wildlife resources. If any Species of Special Concern or California Endangered Species Act (CESA)-listed threatened or -endangered species are found, the biologist shall inform CDFW immediately. If there is a threat of harm to any listed or otherwise sensitive species, including aquatic wildlife, the biologist shall halt construction and notify CDFW Lake and Streambed Program immediately. Consultation with CDFW is required before re -commencing work. The qualified biologist shall have all applicable handling permits before handling any species that requires one. 2.2 Protected Species. This Agreement does not authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a species listed under the CESA (Fish & G. Code § 2050 et seq.) and/or Endangered Species Act (16 U.S.C. § 1531 et seq.); a species identified by CDFW as a Species of Special Concern (SSC); or any other species for which take is prohibited under state or federal law. No direct or indirect impacts shall occur to any protected species, except as may be authorized by a NCCP or one or more individual permits that authorize such impacts. Ver. EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 5 of16 2.3 Season Restrictions for Least Bell's Vireo. Permittee shall not remove vegetation or conduct earth -moving activities between March 15 and August 15, the recognized breeding season of the least Bell's vireo (vireo), unless and until a current survey has been conducted for least Bell's vireo, according to U.S. Fish and Wildlife protocol, and vireo are found not to be present. Permittee shall provide CDFW copies of the survey reports upon request. If vireo are found to be present, or if surveys are not conducted, Permittee may conduct non -mechanized mitigation activities (e.g., follow-up spray, hand planting, hand watering, etc.) during vireo breeding season provided vireo are not disturbed by the activity and the qualified biologist with stop -work authority is present to ensure that there is no disruption to vireo behavior or impacts to eggs or nests of vireo or other birds. 2.4 Nesting Birds. To protect nesting birds, no vegetation removal or earth -moving activities shall occur from March 15 to August 15 until surveys are completed for nesting birds by a qualified biologist. If active nests are found, a minimum 100-foot (500 feet for raptors and fully -protected species, 300 feet for SSC and CESA-listed species) flagged buffer zone shall be erected around the nest site. No project activities shall occur within the fenced nest zone (even if the nest continues to be active beyond August 15) until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by project activities. 2.5 Cowbird Trapping. If cowbirds have been detected on or within 300 feet of the nesting site, a cowbird trapping program shall be implemented a) immediately if detected between March 15 to August 15; or b) within one week before the beginning of the next least Bell's vireo breeding season if detected between August 16 to March 14. The cowbird trapping program will run through commencement of project activities and continue for five years following completion of project activities. As part of the program, at least one brown -headed cowbird trap shall be installed and maintained along San Diego Creek within 300 feet of the project site. The presence of breeding vireo pairs shall be documented in the third year after construction is complete and, should the cowbird trapping in the third year yield more than more than two pairs of cowbirds, Permittee shall coordinate with CDFW to determine if additional trapping efforts beyond the five- year span are necessary to support breeding vireos. A report shall be submitted to CDFW each year detailing the trapping efforts, traps set and locations, number of cowbirds trapped, vireo breeding pairs, and any cowbird eggs or young observed in or near vireo nests. 2.6 Work Period in Low Rainfall / Dry Weather Only. The work period within San Diego Creek shall be restricted to periods of low rainfall (less than '/4" per 24 hour period) and periods of dry weather (with less than a 20% chance of rain). All erosion control measures shall be initiated prior to all storm events. Revegetation, restoration and erosion control work is not confined to this work period. Permittee shall monitor the National Weather Service (NWS) 72-hour forecast for the project area. No work shall occur during a dry -out period of 24 hours after the above v'er. EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 6 of 16 referenced wet weather. Weather forecasts shall be documented upon request by CDFW. 2.7 Post Storm Event Inspection. After any storm event, Perm ittee shall inspect all sites scheduled to begin or continue construction within the next 72 hours. Corrective action for erosion and sedimentation shall betaken as needed. National Weather Service 72 hour weather forecasts shall be reviewed prior to the start of any phase of the project that may result in sediment runoff to the stream, and construction plans adjusted to meet this requirement. The National Weather Service forecast can be found at: http://www.nws.noaa.gov. 2.8 Wildlife Sheltering in Supplies or Equipment. Supplies or equipment where wildlife could hide (e.g., pipes, culverts, pole holes) shall be inspected prior to moving or working on them to reduce the potential for injury to wildlife. Supplies or equipment that cannot be inspected or from which animals could not be removed shall be capped or otherwise covered at the end of each work day. Old piping or other supplies that have been left open shall not be capped until inspected and any species found in it allowed to escape. Ramping shall be provided in open trenches when necessary. If an animal is found entrapped in supplies or equipment, such as a pipe section, the supplies or equipment shall be avoided and the animal(s) left to leave on its own accord, except as otherwise authorized by CDFW. If necessary, the Qualified Biologist may guide, handle, or capture an individual non -listed wildlife species to move it to a nearby safe location within nearby refugium. 2.9 Herbicide Use in Conformance with Applicable Laws. Nothing in this Agreement represents a pesticide use recommendation that allows for an action that conflicts with pesticide use regulations. All herbicide use conditions for mixing, application and clean-up shall conform to all applicable federal, State, and local regulations. Any application of herbicide shall be done by a licensed or certified applicator in accordance with all applicable, federal, state, and local laws. 2.10 Herbicides Approved for Use Near Water. Any herbicide used where there is the possibility that the herbicide could come into direct contact with water shall be approved for use in an aquatic environment (e.g. Rodeo). Great care shall be taken to avoid contact with any native vegetation, and it shall only be applied on calm days to prevent airborne transfer of the herbicide. 2.11 Erosion Control Measures. Erosion control measures shall be utilized throughout all phases of operation where sediment runoff from exposed slopes threatens to enter waters of the State. No synthetic materials shall be used as erosion control. At no time shall silt laden runoff be allowed to enter the stream or directed to where it may enter the stream. 2.12 Siltation Curtain. Permittee shall deploy a silt curtain in the creek around the in - water project site to prevent heavily silted water from impacting areas downstream from the project site. The curtain shall be maintained throughout the in -water Ver, EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 7 of 16 phases of the project. No other siltation control method shall be use without authorization of CDFW. If another siltation control method is preferred, Permittee must submit a plan detailing the desired siltation control method. Authorization of any other siltation control method shall be at the discretion of CDFW. 2.13 Equipment Maintenance and Fueling. No equipment maintenance or fueling shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas. 2.14 Operating Equipment and Vehicle Leaks. Any equipment or vehicles driven and/or operated within or adjacent to the stream shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. Permittee shall maintain all vehicles and equipment in proper working condition to minimize fugitive emissions and accidental spills from motor oil, antifreeze, hydraulic fluid, grease, or other fluids or hazardous materials. All fuel or hazardous waste leaks, spills, or releases shall be stopped or repaired immediately and cleaned up at the time of occurrence. Permittee shall be responsible for spill material removal and disposal to an approved offsite landfill and spill reporting to the permitting agencies. Service construction equipment shall be stored at designated areas only. Service/maintenance vehicles shall carry appropriate equipment and materials to isolate and remediate leaks or spills. A spill containment kit shall be available onsite for all fueling, maintenance, and construction activities. 2.15 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream/lake shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. 2.16 Hazardous Substances. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. Any of these materials, placed within or where they may enter the stream by Permittee or any party working under contract, or with the permission of Permittee, shall be removed immediately. 2.17 Spill Cleanup. Permittee shall begin the cleanup of all spills immediately. CDFW shall be notified immediately by Permittee of any spills and shall be consulted regarding cleanup procedures. Permittee shall have all spill clean-up equipment on site during construction. 2.18 Personnel Compliance on Site. Permittee, its contractors, subcontractors, employees, and visitors to the site are prohibited from 1) feeding wildlife, 2) bringing domestic pets to the project site, 3) collecting native plants, or 4) harassing wildlife. It shall be the responsibility of Permittee to ensure compliance. Ver. EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 8 of 16 2.19 Litter and Pollution Control. Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance. All trash and food - related items shall be disposed in self -closing, sealable containers with lids that latch to prevent wind and wildlife from opening containers. Trash containers shall be emptied daily and removed from the project site when construction is complete. 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Compensation for Unauthorized Impacts. Permittee shall mitigate habitat at a minimum 5:1 ratio for impacts beyond those authorized in this Agreement. In the event that additional habitat mitigation is required, the type of habitat mitigation shall be determined by CDFW and may include creation, restoration, enhancement, and/or preservation. 3.2 Mitigation for Authorized Impacts. Permittee shall mitigate for 0.18 acre of permanent impacts and 0.32 acre of temporary impacts through the restoration of 0.75 acre on site which currently consists of 0.27 acre of highway ice plant mats, 0.21 acre of fennel patches, 0.16 acre of quailbush scrub, 0.05 acre of pepper tree grove, and 0.04 acre of developed ground. 3.3 Mitigate According to Plan. All mitigation work shall be done according to the San Diego Creek Trash Interceptor Project Habitat Monitoring and Mitigation Plan prepared by Tidal Influence and submitted to CDFW in August 2021. Permittee shall notify CDFW of any modifications made to this mitigation plan. Modifications to the mitigation plan must be reviewed and approved by CDFW prior to their implementation. 3.4 Success Criteria. To ensure a successful revegetation effort, all plants shall be monitored and maintained as necessary for five years. Total seedings shall attain 75% cover after five years and at least 10 distinct species shall be established after five years. If the cover requirements are not meeting these goals, Permittee is responsible for replacement planting, seeding, additional watering, weeding, invasive exotic eradication, or any other practice, to achieve these requirements. Replacement plants shall be monitored with the same cover requirements forfive years after planting. At the completion of the monitoring period, the mitigation site shall have received no supplemental irrigation for a period of two consecutive years, non-native plants shall not make up more than 5% of the entire cover of the site, no more than 10% of the site shall consist of bare ground, and the site shall be free of invasive exotic plant species such as Arundo donax and tamarisk. 3.5 Written Release from Monitoring Obligation. Permittee shall not be released from these maintenance and monitoring obligations until such time as Permittee has Ver. EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 9 of 16 requested and received written concurrence from CDFW that the success criteria have been met. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Mitigation Annual Reports. Permittee shall submit an annual report to CDFW by December 31 of each year for a minimum of five years after Project completion until the mitigation has been signed off. This report shall include photographs from designated photograph stations, an overview of the enhancement and restoration effort, a summary of invasive species control, methods used to remove non-native plants, and a list of wildlife observed on site. 4.2 Notification to the California Natural Diversity Database. If any protected species is observed in project surveys, Permittee shall cause a California Native Species Field Survey Form and survey map to be submitted to the Natural Diversity Database within 5 working days of the sightings. Instructions for submittal are available online at https://wildlife.ca.gov/Data/CNDDB. 4.3 Dead or Injured Protected Species. Any dead or injured protected species found along roads or in project areas shall be reported to CDFW within 24 hours. The biologist shall report the location, cause of death, species found, and any other relevant information. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be submitted through EPIMS as instructed by CDFW. To Permittee: Dr. Robert Stein City of Newport Beach E P I M S-O RA-22367-R5 San Diego Creek Trash Interceptor Project RStein(o)_newportbeachca.gov To CDFW: Department of Fish and Wildlife South Coast Region E P I M S-O RA-22367-R5 San Diego Creek Trash Interceptor Project EPIMS.R5(aD-wildlife.ca.gov LIABILITY Ver. EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 10of16 Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with, the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the project or an activity related to it. For example, if the project causes take of a species listed as threatened or endangered under the Endangered Species Act (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. Ver. EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 11 of 16 (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall use the "Amendments & Extension" form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall use the "Amendments & Extension" form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall use the "Amendments & Extension" form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions (b) through (e). Ver. EPIMS 0310812022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 12of16 If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code § 1605, subd. (f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at htps://www.wildlife.ca.gov/Conservation/CEQA/Fees. TERM This Agreement shall expire on September 30, 2027, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires. EXHIBITS The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. A. A map of the project site and CDFW jurisdictional delineation along the San Diego Creek. Ver, EPIMS 03/08/2022 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 13 of 16 A eauT-w cccW.Ud, v.gaa unwa+w�,.ve�,non.m, V&ace:RWOCBccc w—ft usace N« Woft a W*. cores A.%ftk—1 va— Stsl ntee , B. The project layout plans describing the placement of each component of the trash collection and water wheel system. Ver. EPIMS 03/08/2022 EPI MS-O RA-22367-R5 Streambed Alteration Agreement Page 14 of 16 i c� Q ,may Q Figure2 UR wv+ ac. _h- mn-ur—m..+fs+. �y PROJECT LAYOUT PLAN - O '"'='+'^°°"'� "'` �MLDONNELL NEWPORT BEACH, CA JUNE 2021 C. Current vegetative conditions and land cover types of the project site. Ver. EPIMS 03/08/2022 EPI M S-O RA-22367-R5 Streambed Alteration Agreement Page 15of16 Qelolagkal Survey Area Glam Reed&.9 - Panpea&au Pardus ;.�,�,�., Pra�d lmPatl Arm lPertwnemj - loe Pkm Mars - Pepper Tree Grnre - Nroyo WOav T.a- ®MarsM1 Jaemea Mal, - F&I—d M. Dietmbad9avabped MJefat Thickets OaailWsh SttuC ® Stantec""... _... �' Fence PetcM1es C 4Yater YeOetafion CommenAes and Land Coro TyO D. The planned enhancement and restoration areas of the site. tN 0 30' 60' SCALE IN FEET Ver, EPIMS 03/08/2022 s�€o. FIGURE 4 "f-01YXVimu1ON.aue+cEim, ®.o wn a:sT-.. -«. , + u xnewfce REVEGETATION PLAN NEWPORT BEACH, CA JUNE 2021 EPIMS-ORA-22367-R5 Streambed Alteration Agreement Page 16 of 16 AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602. CONCURRENCE Through the electronic signature by Permittee or Permittee's representative as evidenced by the attached concurrence from CDFW's Environmental Permit Information Management System (EPIMS), Permittee accepts and agrees to comply with all provisions contained herein. The EPIMS concurrence page containing electronic signatures must be attached to this agreement to be valid. Ver. EPIMS 03/08/2022 Lrf. r- 4� 9