Loading...
HomeMy WebLinkAboutC-4555 - Rhine Channel Contaminated Sediment Cleanupcy March 6, 2012 Mr. Bill T. Dutra CITY OF NEWPORT BEACH Dutra Dredging Company 2350 Kerner Boulevard, Suite 200 San Rafael, CA 94901 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Rhine Channel Sediment Cleanup Project - C-4555 Dear Mr. Dutra: On January 10, 2012, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 23, 2012, Reference No. 2012000035475. The Surety for the bond is Safeco Insurance Company of America and the bond number is 07S201512 Enclosed is the Labor & Materials Payment Bond. Sincerely, a, �. OVV� Nw-- Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 • www. city. newport-beach. ca. us PREMIUM IS FOR CONI, . tCT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. Executed in Duplicate CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINS CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4665 BONE) NO. 07S201512 Premium Included LABOR AND MATI5IRIALS PAYMENTBOND WHEREAS, the City Council of the City of Newport Beach, State of Califomis, by motion adopted, has awarded to Dutra Dredging Company , hereinafter designated as the "Principal; a contract for construction of MASTER FORMAL CONTRACT, Contract No, C-4555 in the City of Newport Beach, In strict confoWly with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which arta incorporated heroin by this reference, WHEREAS, Principal has executed or is about to execute Contract No. C-4555 and the terms thereof require the furnishing of a bond, providing that it Prtnclpall or any of Principal's subcontractors, shall fait to pay for any matorla(s, 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, Safeco Insurance Company of America duly authorized to transact business under the laws of the State of Carrfomla, as Surely, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, In the sum of ( $3,967,966.00 ) 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 Contrast; 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 136nolpal's subcontractors, fall to pay for any materials, provisions, or other supplies, Implements or machinery used In, upon, for, or about the performance or 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 rEmployment Development Department from the wages of employees of the Prktcipal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then tate Surety will pay for the same, in an amount not exceeding the sum specked In this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to ba fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entified to file claims under Section 3484 of the California Civil Code so as to give a right of action to them or their assigns. In any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 ot, seq. of the Civil Code of the State of Callfornia, 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 worts to be performed thereunder 36 or the specifications accompanying the some shag 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 speci8catlons. 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. 1N WITNESS. WHEREOF, this Instrc Principal and Surety, on the 13th day of Dutra Dredging Company Name of Contractor (Principal) has been duly executed by the above named Ry , 2011. Hasty K. Stewart, President/COO Safeco Insurance Company of America Name of Surety A rized t Signature 1001 Fourth Ave, Safeco Plaza Seattle, WA 98154 Address of Surety Ed Campos 1-925-979-6705 Telephone Kathy Rangel, Attorney -In -Fact Print No me and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR ATTACHED 37 ACKNOWLEDGMENT rurwrrawsrwwursra*■wwIt" rasra■asawwramp 0■r■■arOno' w■all raraasawaRun rwrraaIgo aam%V State of California County of } s& On _ before me, Notary Public, personally appeared who proved to me on the basis'of satisfactory eviderice to be the person(s) whose name(s) Islare subscribed to the within instrument and acknowledged to me that he/sWthey executed the same in his/her/their authorized capacity(les), and that by hisiherltheir signatures(s) on the Instrument the person(s), br 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 taeal) ■raw■rrawwrrr■awaaa■aarawrraarsa■ra■aa■a•rwrrr■•rrwsawa■■sarrswrrruwrwwaMrrra� OPTIONAL MFORMATION Date of Document - Type or Tike of DoournW Number of pages In Document Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee Power of Attorney CE01CF0/COO President I Vice -President I Secretary I Treasurer Other: Other Information: Thumbprint of Signer Q chews Tiara if Tia thumbprint or fterpria Is avaitable. ACKNOWLEDGMENT arrwrrrrrwr■rrwrrarrrrrrrrrrrrrrr rrwrrwrr wrrr rrwrarrarrrrarrr�rrrrwrrwrrwar rrr� State of Califorrtia County of 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) Istare subscribed to the within Instrument dnd acknowledged to me that helshelthey executed the same in hislherAheir authorized capacity(ttes), and that by hlslherltheir signatures(s) on the instrument the persons). or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand end official seat, Signature (seal) ■rrwrrarrrrarwu wrraru rrrrrrrrrrrrrrrrrrrrrrrrrrrwrrrrwrurrrrrrarrru rwrrrrwr OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a f=oreign Language Type of Salisfactory Evidence: Personally Known with raper identification Paper Identification — Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO 1000 President l Vice -President i Secretary l Treasurer Other: 01her Information: 39 Thumbprint of Signer [] Check here if no thumbprint or itnperprini Is evailabie. ACKNOWLEDGMENT State of California County of Placer On May 13, 2011 before me, Jana B. Pilgard, Notary Public (insert name and title of the officer) personally appeared Kathy Rangel 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JANA B. PILGARD oa COMM. #1835709 aNOTARY PUBLIC • CALIFORNIA > { PLACER COUNTY $ , , commission Expires March S, 2013 Signature (Seal) ;L,��'""'1"'�x`Y'w CIVIL CODE § 1189 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA} ss COUNTY OF MARIN} On May 17, 2011 before me, Diana M. Britting, a Nota Public personally appeared_ Harry K. Stewart who proved to me on the basis of satisfactory evidence to be the person(o) whose name( is/ate subscribed to the within instrument and acknowledged to me that he/AwAhey executed the same in his/hoAkoif authorized capacity( and that by his/h@Mhoir signature(o) on the instrument the person(o), or the entity upon behalf of i�M which the person(o) acted, executed the instrument. DIAN M. IT NG Caemlaaion # 1OW42 I certify under PENALTY OF PERJURY under the laws Notary N* - Cawornia of the State of California that the foregoing paragraph is Marin County Expires Feb 13, 2015 true and correct. Comm. WI SS my hand and official seal. - Diana M. Britting, Notary Public Commission Expiration Date: February 13, 2015 OPTIONAL 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: _ Labor and Materials Payment Bond: City of Newport Beach Rhine Channel Contaminated Sediment Cleanup Contract No. 4555 Bond No 07S201512 Document Date Mgy 13 2011 Number of Pages: Two 2 Capacity(ies) Claimed by Signer(s) Signer's Name: Harry K. Stewart ® Corporate Officer — Title(s) President/COO ❑ Individual ❑ Partner -- ❑ Limited R. General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: Dutra Dredging Company Signer's Name: ❑ Corporate Officer — Title(s) ❑ Individual ❑ Partner _-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: THIS POWEP OF ATTORNEY IS NOT VA. ESS IT IS PRINTED ON RED BACKGROUND. 4551501 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DONA LISA BUSCHMANN, JANA B. PILGARD, ROBERT D. LAUX, KATHY RANGEL, ALL OF THE CITY OF ROSEVILLE, STATE OF CALIFORNIA................ .................................................................................................................................................................................................................... .................................................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THREE HUNDRED MILLION AND 00/100** ******_DOLLARS ($ 300,000,000.00*************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. F That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV -Execution of Contracts: Section 12. Surety Bonds and Undertakings. a Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations y y CL as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, _ a execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- �W ac y fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and .O executed, such instruments shall be as binding as if signed by the president and attested by the secretary. _ C R a� By the following instrument the chairman or the president has authorized the officer or other official named thereinto appoint attorneys -in -fact: d Im Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to _ v v d O appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety AW aany L and all undertakings, bonds, recognizances and other surety obligations. c ' That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. CL _� C•y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of aM O L Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of April 0.0 —L O 2011 3M SAFECO INSURANCE COMPANY OF AMERICA a R d rss Garnet W. Elliott, Assistant Secretary O d C C COMMONWEALTH OF PENNSYLVANIA ss'"' 'p A E COUNTY OF MONTGOMERY On this 27th day of _ April 2011 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and co (D oet 'a v acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he s N �p executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the co > i direction of said corporation. E Z v IN TESTIMONY WHEREO I v(P o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year cN� O o first above written. $. �gONW rsresa f'a�ie�a, 'tictary PUE;iic Cai p., t?ent,Eomery i:c untV By F— r YAt'iymruth'?, Y commission inxpires Mar. 2a, 20'.a Tere a Pastella, Notary Public CERTIFICATE ® Mornbor, enrsyNan;a svciatorofNotaries I, the undersigned, Assis ¢rVt Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and c et^e°Spy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my na xed the corporate seal of the said company, this 13th of May 201----_day 4�> QtF ,NA n y�ag r ., David M. Carey, A gistant Secretary PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. Executed in Duplicate CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4556 BOND IVO. 07S201512 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ Z1.o62.Qo being at the rate of $ Various thousand of the Contract price. WHEkEAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Dutra Dredging Company, hereinafter designated as the "Principal", a Contractfor construction of MASTER FORMAL CONTRACT, Contract No. C-4555 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, ail of which are Incorporated herein by this reference. WHEREAS, Prinoipal has executed or is .about to execute Contract No. C-4555 and the terms thereof require the furnishing of a Bond for the Faithful performance of the Contract; NOW, THEREFORE, we, the Principal. and Safeco Insurance Company of America duly authorized to transact business under the taws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of (. $3,967,966.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of tine Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be rrade, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severely, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that tf the Principal. or the Principal's heirs, executors, administrators, successors, or assigns, fait to abide by, and weft 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 lime and In the manner therein specified, and in all respects according to its true intent and meaning, or falls 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 the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specificallons accompanying the same shall in any way affect its obligations on this Bond, and 32 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 the 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 obilgations under this Bond - IN WITNESS WHEREOF, this instrument has bean duty executed by the Principal and Surety above named, on the 13th day of May , 2011, Dutra Dredging Company Name of Contractor (Principal) HarAy K. Stewart, President/COO Safeco Insurance Company of America Name of Surety 1001 Fourth Ave, Safeco Plaza Seattle, WA 98154 Kathy Rangel, Attorney -In -Fact Address of Surety Print blame and Title Ed Campos 1-925-979-6705 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHER 33 ACKNOWLEDGMENT aar*open raNrararara•aOsr Yrrsaasfswlr OPP■Pssrwf Or■ on rarara Orr■rlaarr■■ arrsr■ame, State of California County of 186. 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) 3s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capecity(ies), and that by his/herltheir 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 P15RJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (seat) r rr rsawrrraa.r Praraarrwaraaar ararraaaa err arrsr•■arrrrrrrrrPPwsraaaraaa ra ra aarar OPnONAL rN"RMAT'ION Dale of Document Type or Tito of Document Number of Prins In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known wilh Paper Idenlldoatlon Paper identification Credible Wilness(es) Capacity of Signer: Trustee Poway of Attorney CEO / CFO J coo President J Vies -president / Secretary! Treasurer other: Other Information: 34 Thumbprint of Signer ❑ Check here If no thumbprint or bngerprynt is avaUable. ACKNOWLEDGMENT State of California County of Placer On May 13. 2011 before me, Jana B. Pilgard, Notary Public (insert name and title of the officer) personally appeared Kathy Rangel 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ JANA B. PILGARD COMM. #1835709 CALIFORNIA a NOTARY PUBLIC • CA { PLACER COUNTY 4—�' Commission Expires March 8, 2013 Signature (Seal).,,�..ti.,.r:.YWM••wm ACKNOWLEDGMENT .BMW sea trrrrtrrrssrrrrrww.rrrrw.rata.•raitrrwrrrssrrrrrrrrrrrrw.rr.rrrarwas mouse State of California Countyof _ -- )SS. 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/shelthey executed the same in hislher/their authorized capacity(tes), and that by iris/her/their signatures(s) on the Instrument the persan(s), or the entity upon behalf of which the parson(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 •rsrrrrrrrrsrrrr. a wrr. rrrrrrrrrrrrr.rrrl�.rrrrrarr. wsrrrrwrrr. rr t.■■rrarrr...wr OPTIONAL JNFORMATIM Date of Document Type or Title of Documant Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identtfiicadon Paper [dentftMlon Credible Witness(es) Capacily of Signer: Trustee Power of Attorney CF -O / CFO I COD President I Vice -President I Secretary I Treasurer Other: Other Informatlon: 35 Thumbprint of Signer ❑ ct%ck here If no 1humbont or ringerpdnt is evadable. CIVIL CODE § 1189 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA} ss COUNTY OF MARINI On May 17, 2011 before me, Diana M. Britting, a Notary Public personally appeared Harry K. Stewart who proved to me on the basis of satisfactory evidence to be the person( whose name(:R) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhoy executed the same in his/hopWwif authorized capacity(k and that by his/hon4h@4 signature( on the EN NAM 9R17TING instrument the person(o), or the entity upon behalf of Commission #1922342 which the person(#) acted, executed the instrument. Notary Public - California Marin County I certify under PENALTY OF PERJURY under the laws M Comm. Ear fires Feb 13, 2015 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Diana M. Britting, Notary Public Commission Expiration Date: February 13, 2015 OPTIONAL 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: Faithful Performance Bond: City of Newport Beach, Rhine Channel Contaminated Sediment Cleanup Contract No. 4555 Bond No. 07S201512 Document Date Mqy 13 2011 Number of Pages: Two 2 Capacity(ies) Claimed by Signer(s) Signer's Name: Harry K. Stewart ® Corporate Officer — Title(s) President/COO ❑ Individual ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: Dutra Dredging Company Signer's Name: ❑ Corporate Officer — Title(s) ❑ Individual ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: R EC E I\/E DRecorded in Official Records, Orange County Tom Daly, Clerk -Recorder RECORDING REQUESTED BY AND Illlllllllllilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll NO FEE WHEN RECORDEDi119-TA0fOa 10' 36 2012000035475 11:12 am 01/23/12 City Clerk Oi- ICE OF City of Newport Beach( THE CITY CLERK 3300 Newport BouIev9 n '' -):14j'-' BT Bc�1�'H Newport Beach, CA 92663 47 412 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Dutra Dredging Company of San Rafael, CA, as Contractor, entered into a Contract on June 13, 2011. Said Contract set forth certain improvements, as follows: Rhine Channel Contaminated Sediment Cleanup - (C-4555) Work on said Contract was completed, and was found to be acceptable on January 10, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on J'Ah*q I II k l2 BY 4.1 - City Clerk , at Newport Beach, California. January 11, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC RE: Notice of Completion for the following project: • Rhine Channel Sediment Cleanup Project - C-4555. Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, a, Mv" NW111-- Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Dutra Dredging Company of San Rafael, CA, as Contractor, entered into a Contract on June 13, 2011. Said Contract set forth certain improvements, as follows: Rhine Channel Contaminated Sediment Cleanup - (C-4555) Work on said Contract was completed, and was found to be acceptable on January 10, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �I Executed on �hlv �11 20!'2 , at Newport Beach, California. ►� h %► VERIFICATION City Clerk 41 Prolk �EWP0 CITY OF is NEWPORT 6 City Council Staff Report Agenda Item No. 6 January 10, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager APPROVED: G` TITLE: Rhine Channel Se invent Cleanup Project — Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post -Dredge Sediment Sampling and Analysis ABSTRACT: On May 10, 2011, City Council awarded Contract No. 4555 to Dutra Dredging Company ("Dutra") for a total contract cost of $3,450,405 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council accept and close out of the contract. In addition, Amendment No. 6 to the Professional Services Agreement ("PSA") with Anchor QEA, LP ("Anchor QEA") is requested for unforeseen project management costs as well as -for a new scope of services for required, post -dredge confirmation sediment sampling. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion; and 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in acceptance with applicable portions of the Code; and 3. Release the Faithful Performance Bond one year after Council acceptance; and Rhine Channel Sediment Cleanup Project – Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post -Dredge S January 10, 2012 Page 3 There were six change orders associated with this contract and are detailed below: CO # Description Cost 1 Deletion of Sea Spray Boat Yard bid quantity reduced b $ -42,000.00 2 Deletion of ETCO property (bid quantity reduced b $ -32,205.00 3 Steel frame pile guides 16" & 18" $ 11,000.32 4 Double height steel frame pile guides 16" & 18" $ 6,461.20 5 Additional pile replacements at the American Legion $ 62,380.00 American Legion marina relocation and d—redging $ 71,479.75 :f6 7f TOTAL $ 77,116.27 The final construction cost was 8.0% below the original bid amount. As denoted in addition the above contract change orders, the project realized large savings due to the deletion of the Sea Spray Boat Yard and the ETCO property from the project. Additional bid quantity savings resulted from the contractor not fully dredging the "1' paid over -dredge" amount allowed in the contract. A summary of the project schedule is as follows: Estimated completion date per July 2011 schedule: November 4, 2011 Project awarded for construction: May 10, 2011 Contract Completion Date plus Approved Extensions December 1, 2011 Actual Construction Completion Date: November 9, 2011 DISCUSSION – ANCHOR QEA Anchor QEA is currently assisting the City with construction management services for the Rhine Channel Dredging Project ("Project"). During the course of the Project, several unforeseen tasks that were outside of the contract scope were required to be immediately addressed or implemented by Anchor QEA staff. Authorization to proceed with these unforeseen tasks was granted by the City at the time of occurrence to ensure that project delays did not result. A brief summary of these changes is described below, with a detailed summary provided in the Appendix. (The Task Numbers correspond to the respective Tasks in Anchor QEA's original proposal.) Task 1: Port of Long Beach Coordination ("POLB") $737 Although Anchor QEA was on budget for most of the project, a concerted effort with POLB coordination was needed at the end of the Project to present and discuss final placement of material within the Middle Harbor Slip 1 fill site. Task 2: Contractor Selection and Pre -Dredge Deliverables $55,40.4 Rhine Channel Sediment Cleanup Project — Completion and Acceptance of Contract No. 4555; and Consideration of Sixth Amendment to Professional Services Agreement with Anchor QEA, L.P. for Additional Construction Management Tasks and Necessary Post -Dredge S January 10, 2012 Page 5 This task was not included in the original scope of work because it was not possible at the time to predict the magnitude of the study that might be required to comply with the RWQCB permit. Staff now understands the work necessary to comply with the RWQCB post -dredging requirements. A total of five tasks for the sampling program are briefly summarized below with a full explanation in the Appendix. Task 1: Preparation of a Sampling and Analysis Plan $12,210 This task involves preparing a plan to be submitted and approved by the RWQCB. Task 2: Meeting with Regulatory Agencies Task 3: Sediment Sampling $15,010 This task involves sediment sampling at approximately 15 stations using a piston core deployed from a vessel. Task 4: Chemical Analysis $22,670 This task analyzes the sediment samples by Calscience Environmental Laboratories with Anchor QEA performing the data review, validation, and verification to ensure that data quality objectives have been met. Task 5: Reporting $18,420 A final report will be prepared by Anchor QEA documenting all activities associated with collecting, processing and analyzing sediment samples. Chemistry will be compared to numeric targets listed in the San Diego Creek/Newport Bay Toxic TMDL. The final concentrations of chemical contaminants in the surface layer of the Rhine will be presented using GIS with a project map of the actual sampling locations included. Task 6: Contingency $31,250 Unforeseen Costs for Final Testing Requirement from the RWQCB and additional cores or samples. Total Post -Dredge Confirmation Sediment Testing Scope of Work: 105 640 ATTACHMENT A JI III II111 1.111: I 11 - Il lllll�i 1111111)i I llillrl 11 l; r' HILI j!f!I!1 JI AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, LP FOR RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. SIX "), is entered into as of this day of , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and ANCHOR QEA, LP a California Limited Partnership, whose address is 26300 La Alameda, Suite 420, Mission Viejo, California 92691 ("Consultant"), and is made with reference to the following: RECITALS: A. On July 14, 2009; City and Consultant entered into a Professional Services Agreement ("Agreement") to develop a Conceptual Design Plan for a Confined Aquatic Disposal Site in Newport Harbor ("Project"). B. On November 10, 2009, City and Consultant entered into AmendmentNo. One to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. One"). C. On June 22, 2010, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work, to increase the term of the Agreement to August 30, 2012; and to increase the total compensation ("Amendment No. Two'). D. On October 12; 2010, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and to increase the total compensation. ("Amendment No. Three"). E On April 28, 2011, City and Consultant entered into Amendment No. Four to the Agreement to increase the scope of work and .to increase the total compensation ("Amendment No. Four"). F. On June 7, 2011, City and Consultant entered into Amendment No. Five to the Agreement to increase the scope of work, to increase the total compensation, and update insurance requirements. G. City desires to enter into this Amendment No. SIX to reflect additional services not included in the Agreement or prior Amendments and to increase the total compensation. H. City and Consultant mutually desire to amend the agreement, as provided below. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. SIX on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation Date: I -z-/ 13.111 Date: By:�lor By: Aaron . arp f( Michael F. Henn City Attorney „nrA Mayor ATTEST, CONSULTANT: ANCHOR QEA, LP , a Date Limited Partnership Date: By: By Leilani I. Brown Steve Capellino City Clerk Senior Partner Attachment: Exhibit A - Additional Services to be Performed ANCHOR QEA, LP Page 3 13 ANCHOR OEA`' 263001a Alameda, Suite 240 - Mission VieJo, California 92691 Phone 949.347.2780 Fax 949.334.9646 December 7, 2011 Mr. Chris Miller City of Newport Beach, Harbor Resources Division 829 Harbor Island Drive '= .Newport Beach; California 92660 Re: Request for additional funds for out -of -scope Construction Management tasks, and scope of work for Post -Dredge Confirmational Sediment Sampling and Analysis for Rhine Channel Contaminated Sediment Cleanup Project Dear Mr. Miller: Anchor QEA, L.P.; is currently assisting the City of Newport Beach (City) with construction management services for the Rhine Channel contaminated sediment cleanup project. This letterrequests funds for several out -of -scope construction management tasks related to the dredge effort; and Proposes an additional scope of work. for conducting post -construction sediment confirmational testing within the Rhine Channel. Each is described below in more detail. CONSTRUCTION MANAGEMENT OUT -OF SCOPE ITEMS As the City is aware, dredging. of sediments within the Rhine Channel, as well as other nearby City -managed areas was recently completed. To comply with several last minute requirements horn the "Santa Ana Regional Water Quality Control Board (RWQCB), as well as numerous operational changes required during construction to account for daily water quality exceedances from the dredge operation, several out -of -scope tasks were required to be immediately implemented by Anchor QEA staff. Authorization to proceed with these tasks was granted by the City at the time of occurrence to ensure that project delays did not result from the agency changes. This letter requests Mr. Chris Miller December 7, 2011 _ Page 3 The scope and associated costs for these tasks are presented below. Proposed Tasks Task 1: Preparation of a Sampling and Analysis Plan Anchor QEA will develop a SAP presenting details on the sampling and analysis strategy. It will be designed to .determine the final concentrations of contaminants within Rhine Channel following the removal of chemically impacted sediments. It will include procedures for sediment sample collection, sample handling, chemical analysis, quality assurance/quality control (QA/QQ, and data. analysis. A draft SAP will be submitted to the RWQCB for review: and. approval. One round of comments is anticipated. Following approval of the SAP, sampling will be initiated. Costs associated with this task are estimated at $12,210. Task 2; Meeting with Regulatory Agencies Anchor QEA will work closely with regulatory agencies to ensure sampling and analysis complies with regulatory requirements. This may include meetings with regulatory agencies, project updates, response to comments, and a presentation of results. Costs associated with this task are estimated at $6,080. Task 3: Sediment Sampling Sediment sampling will be conducted at approximately. 15 randomly placed stations using a piston core. The piston core will be deployed from Anchor QEA's sampling vessel, a 20 foot AquaSport. ;Sediment cores will be processed landside: Each core will be logged and photographed then segmented into .6 inch increments. The top 6 inches will be submitted for chemical and physical analysis. Remaining core segments will be archived for additional analysis, if needed. It is assumed that this task will require 3 days of field work for two Anchor QEA personnel. Costs associated with this task are estimated at $15,010. Task 4: 'Chemical Analysis Approximately 15 samples will be submitted for chemical analysis. In addition, archived samples may be analyzed if the upper residual layer indicates elevated contaminants. Chemical analysis will include constituents that are listed and have numeric targets for the Rhine Channel water body within the San Diego Creek/Newport Bay Toxics Total Maximum Mr. Chris Miller December 7, 2011 Page 5 We propose to conduct this work on a not -to -exceed, time -and -materials basis, as has been done for our work to date. Throughout the conduct of these tasks, Anchor QEA will provide detailed comments and summarize staff efforts on all invoices. Table 2 Summary of Confirmational Testing Project Costs .f;si* )i u�'�I,uT, � vrr 0. re ��t�. 1, Preparation of a Sampling and Analysis Plan 12,210 2. Meeting with Regulatory Agencies 6,080 3. Sediment Sampling 15,010 4. Chemical Analysis 22,670 5, Reporting 18,420 6. Contingency for additional cores/samples 31,250 Tota( (with and w/out contingency) 74,390 —105,640* 'Base costs do not include analysis of archived samples. A range in costs is provided to account for uncertainty in final .testing requirements from the Water Board. Work on this task would begin as soon as authorization is received from the City. Preparation of the draft SAP is expected to take three weeks to complete, followed by RWQCB review. Immediately upon receipt of comments, the SAP will be revised and finalized. Upon approval, field sampling will be. conducted. Sampling is.expected to last 3 days. The standard turnaround tune for chemical analysis is 10 to 15 days, The final report will be submitted to RWQCB 45 days following:the completion of sampling_ SUMMARY OF COSTS The total additional amount requested for both items is summarized in Table 3. Table 3 Summary of Requested Change Order Costs *Range in costs provided to account for uncertainty in final testing requirements from the Water. Board. Construction Management Out -of -Scope Items $244;266 Rhine Channel Confirmational Sediment Sampling and Testing $74,390—$105,640* Total $318,656 - $.3491906 *Range in costs provided to account for uncertainty in final testing requirements from the Water. Board. Summary of Anchor QEA Out of Scope Items Task 1 — POLB Coordination Throughout the majority of the project's duration, the level of effort needed for this task was commensurate with initial expectations and budget projections. However, in November, a significantly more concerted effort was required by Anchor QEA personnel (Steve Cappellino, Shelly Anghera, Rob Walker and Michael Whelan) to present and discuss final placement of Rhine Channel material within the Middle Harbor Slip 1 fill site with Port of Long Beach (POLB) Construction Management staff. Task 2:— Contractor Selection and Pre -Dredge Deliverables This task required significant effort above and beyond initial expectations and budget.projections to work with the contractor on finalizing their pre -dredge deliverables while meeting the needs of the Regional Water Quality Control Board (RWQCB) with regards to the water quality permitting and compliance process. The original scope of work assumed one review/comment cycle for each of the contractor's pre -construction deliverables. However, multiple drafts and rounds of comments were needed for some of the key submittal documents (most notably the dredge and disposal plan and environmental protection plan). Similarly, several discussions and meetings were needed to make sure the final submittals were suitable for submittal to agencies and POLB. A similar expenditure of labor time was needed prior to construction in responding to contractor questions regarding work,planned for the floating docks and. guide piles. It was anticipated that some discussions would be needed; but the amount of time spent prior to construction was more than budgeted. These efforts required several meetings and communications so as to ensure that, these aspects of the project would be coordinated and handled properly: For the RWQCB permit, a Sampling and Analysis Plan (SAP) and Quality Assurance Project Plan. (QAPP) were required prior, to construction, although these Were not originally anticipated as being necessary for the project. This was an intensive process that required significant effortand numerous internal and external meetings, in part because the RWQCB determined that the documents needed to be consistent with guidelines issued by the Surface Water Ambient Monitoring Program (SWAMP), significantly increasing the level of effort needed. The following reviews some of the key steps in the process: • A meeting was held on 8/5/10 to discuss water quality monitoring and post -sediment sampling. • A WQMP was submitted on 8/20/1.0 by Anchor QEA. • Comments were provided on 9/9/10 by the RWQCB. Summary of Anchor QEA Out of Scope Items December 7, 2011 Page 3 of 4 Task 3 - Pre -Construction Tenant Coordination Out of scope activities for this task was fairly limited and included working with the contractor to coordinate with the POLB on delivery schedules, coordinating with various tenants on the Rhine Channel regarding their participation on the project, and numerous meetings regarding schedule coordination for dredging the Channel Road area and the accompanying dock relocation. At project's end considerable effort was expended in ensuring that piles and docks met the approval of the various property owners and representatives. Task 5 — Rhine Channel Construction Management Although in aggregate this task ended up under budget, there were a few notable out of scope items. For instance, change orders were needed to reduce the dredge footprint for certain properties based on discussions immediately prior to (or during) construction between these property owners and the CIty. Both change order efforts required adjusting the plan sheets, calculating adjusted quantities for contract volume estimates, and preparation of updated specifications and/or narrative descriptions for the ,modified work efforts. In a similar fashion, five separate areas of additional dredging turned out to be needed, each of which also required generation of figures and coordinates depicting the additional dredging, calculation of resulting dredge quantities, additional analysis of progress surveys, and a second round of confirmatory sampling at each location. Although it was anticipated that additional dredging might be needed, and budgeted accordingly, the incidence of five separate areas ended up requiring more effort than originally expected. Task 6 = Water Quality and Air Quality Monitoring Implementation of the expanded water quality monitoring program was the single largest out of scope item required for completion of the Rhine Channel construction effort. Based on early water quality monitoring results, an expanded monitoring program was required by the RWQCB which included daily monitoring, special studies, more frequent data reports to the State, and additional chemical analytes. The following highlights the major differences in project assumptions that changed as a result of the Water Board requirements. e Budgeted for 64 samples for chemical analysis and ended up with 218 in total. • Budgeted for 5 QA/QC samples for chemical analysis and ended up with 13. in total. • Budgeted for 23 sampling events and ended up with 66 in total. • Budgeted for three reports to the RWQCB (pre -dredge, midpoint and final) and ended up requiring six (pre -dredge, midpoint, final, Pt week, revised schedule, and two special studies). • Conducted special studies to evaluate the following issues for the RWQCB: turbidity/TSS comparison, water quality at additional reference stations, plume tracking studies, follow-up CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663, until 10:00 AM on the 24TH day of March 2011, at which time such bids shall be opened and read for RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP Contract No. C -4555 $4,000,000 Engineer's Estimate Works Director The AADPL and UDBE Goals are 12.3% and 6.8 %, respectively. Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548 -5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Chris Miller at (949) 644 -3043 BID INFORMATION IS AVAILABLE ON THE CITY'S WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 TABLE OF CONTENTS NOTICE INVITING BIDS ..................................................................... ............................... Cover INSTRUCTIONS TO BIDDERS .................................................................... ..............................4 BIDDER'S BOND. ....................................................................................................................... 6 DESIGNATION OF SUBCONTRACTOR( S) ................................................. ..............................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ......................... .............................10 NON - COLLUSION AFFIDAVIT ............................................... .............................14 DESIGNATION OF SURETIES ................................................... .............................15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ................................... .............................16 ACKNOWLEDGEMENT OF ADDENDA ...................................................... .............................18 INFORMATION REQUIRED OF BIDDER .................................................... .............................19 NOTICE TO SUCCESSFUL BIDDER .......................................................... .............................22 CONTRACT................................................................................................. .............................23 FAITHFUL PERFORMANCE BOND ............................................................ .............................32 LABOR AND MATERIALS PAYMENT BOND .............................................. .............................36 PROPOSAL........................................................................................... ............................... PR -1 SPECIALPROVISIONS ................. ............................... ............... ............................... SP -1 TECHNICAL SPECIFICATIONS DEMOLITION........................................................... ............................... ........................02050 -1 DREDGING AND DISPOSAL ...................................... .................................................... 02300 -1 PRECAST CONCRETE PILING ............................... ............................... ........................02350 -1 TIMBERWORK......................................................... ............................... ........................02891 -1 METAL FABRICATIONS ............................ ......... ................................. ........................... 05500 -1 PRESERVATION TREATMENT AND COATING FOR WOODS ............... .......................06310 -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 LIST OF APPENDICES Appendix A Regulatory Permits Appendix B Disposal Acceptance Letter and Memorandum of Agreement Appendix C Exploratory Sediment Sampling Results and Core Logs Appendix D Chemical Testing Results Appendix E Rhine Channel Debris Survey K3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES CONTRACTOR'S INDUSTRIAL SAFETY RECORD ACKNOWLEDGEMENT OF ADDENDA INFORMATION REQUIRED OF BIDDER PROPOSAL 2. Cash, certified check, or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. ' 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in sucti bids. Pursuant to Public. Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the Contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 4 8. In accordance with the California Labor Code (Sections 1770 et seq.); the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, class cation,' 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] 7034774), and requesting one from the Department of Industrial Relations. All parties to the Contract shall be governed by all provisions of the California Labor Code, including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for ensuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act.' 10. 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. The signature below represents that the above has been reviewed. 707580 "A" Contractor's License No. & Classification DREDGING COMPANY (A wholly -Owned Subsidiary of The Dutra Group) -i rr, t f c) Au(hori a Sighatureffitle Ap it 5, 2011 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 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 finely bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid Dollars ($ 10% of Bid __).to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MASTER FORMAL CONTRACT, Contract No. 0-4555 in the City of Newport Beach, fs 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 executir it is agreed that the death of any such obligations under this Bond. Witness our hands this 22nd da, Dutra Dredging Company Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 1001 Fourth Ave, Safeco Plaza Seattle, WA 98154 Address of Surety Ed Campos 1- 925- 979 -6705 Telephone Jana B. Pilgard, Attorney in Fact Print Name and Title (Notary acknowledgment of Principal and Surety must be attached) State of California County of Placer On March 22, 2011 ACKNOWLEDGMENT before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared Jana B. Pilgard 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal AMM.YMlMAMM1Y.4A ,g=: Zi KATHI' R4NIGEL '�' ® COMM. #1828403 v p�yw6'i� NOTARY PUttUC oCALIFC� {f!!Aa /� }{ i" U j o PLACER. COUNTY Signature �Q Z ( Seal) {811\Al'AYhR1YAVK'.i1RRVryYAX1Y. l.1 Liberty :rty POWER "'A. R. I t a ( OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 13401 Salem Insurance Company of America General Insurance Company of America 10014th Avenue Suite 1700 Searle, WA 90154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *" *"DONA LISA BUSCHMANN; J. BUSCHMANN; SUSAN FOURNIER; JANA B. PILGARD; KATHY RANGEL; ROBERT D. LAUX: Roseville, its true and lawful attorney(s) in-fact, with full authority to execute on its behaff fidelity and surely bonds or undertakings and other documents of a similar character issued in the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March 2009 Dexter R. Legg, Secretary Timothy. A. Mikolalewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary; and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as adomeys -In -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company In the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or an any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 20, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and Ifi) A copy of the power-cf- attorney appointment, executed pursuant thereto, and (Iii) Certifying that said power -of- attorney appointment Is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, i have hereunto set my hand and affixed the facsimile seal of said corporation this SEAL I� jJ�S,E 22nd day of March • 2011 ptx* R, kjj Dexter R. Legg, Secretary 5- 097410S 3/09 WES PGF CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of • � \I[Iirlfi/.�.1 personally appeared S. DAWES Commiulon M 1737226 MWE tMory rubllo - California Morin County Place Naary Seal Above who proved to me on the basis of satisfactory evidence to be the person(srwhose name(e)(gare subscribed to the EEiRt and acknowl dged to me that the s me In &hWAhsirauthorized by (hedthe r signature(g) on the instrument the person(sf, or the entity upon behalf of which the personK 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 d off' ' I seal. Signature gnaNre of NOlary Pu Ilc OPTIONAL 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 Docu(ment:�\1J r� 9� p U - �IIi�Q. , Q ` ,,��'('(�� n�l(: e(t\ ��1 �.Q/(,� u+ Document Date: 1\ \Q� �r\pUN \\ h \ �w Number of Pages: L(T lvT -* '1SSF, Signer(s) Other Than Named Above: Capacity(fes) Cllaimed by Signer(s) �� �+ ff 1 Signer's Name: � l a • , yk •�Q DJOI Signer's Name: ❑ Individual ❑ Individual W- Corporate Officer — Titie(s): l /� .v�) ❑ Corporate Officer — Titie(s): ❑ Partner —❑ Limited ❑ General _ ❑ Partner —❑ Limited ❑ General - • Attorney in Fact ❑ Attorney in Fact • Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: ­Signer Is Representing: Signer Is Representing: 02D07 National Notary Assocletlan•9350 De SOW Aw., P.O.Bor2402•Chatarrorth,CA 91313- 2402 -w ..NationalNOtaryorg Item05907 Rewder.Cell Toll- Freei-8O0.B7"(127 ACKNOWLEDGMENT e a o e. s n o v v e o e e e v e e v o o e e v e v e e n e o o e e s e e neeo a n e n n n n v e v e u e n v eee v o o. o e o o a n o o v o o o o o v. State of California County of On Public, personally appeared ss. before me, Notary , 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 Califomia that the foregoing paragraph is true and correct. ' WITNESS my hand and official seal. / Signature (seal) c e o n c e u c e u u n u u v c u u u n n n o n v e n n n e o v n n u e v env v,e n v n e v e n v e e e c n o e n c u u c c u u u o u c a e n u e n... OPTIONAL INFORMATION Date of Document / Thumbprint of Signer Type or Title of Document / + Number of Pages in Document i Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Piper Identification Paper Identification C/ Credible Witness(es) ' ❑ Check here if Capacity of Signer: no thumbprint Trustee orfingerprint Power of Attorney Is available. CEO /CFO /COO President / Vice - President I Secretary 1 Treasurer Other: Other Information: 7 ACKNOWLEDGMENT a a a a a 9 o a a a e a a e a o o a o a a a a o a e e a s a a o a o a v a v a a 0 a o a o o o v a v a a a o a a s a a a a e e a v e a e v a a as aav o. State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to same in his /her /their authorized capacity(ies), and that b y instrument the person(s), or the entity upon behalf of which instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary who whose name(s) is /are me that he/she/they executed the his / er /their signatures(s) on the the person(s) acted, executed the if the State of California that the (seal) l vaveeaaoovoavoaooaveavoaoaovoaavavaeavoou avaaaoo vavoaavaaaacavaaaaaavavaaavaa.. OPTIONAL INFORMATION Date of Document / Thumbprint of Signer i Type or Title of Document I Number of Pages in Document i Document In a Foreign Language Type of Satisfactory Evidence: —Personally Known with Paper Identifi / tion Paper Identification Credible W itness(es) I F1 Check hem if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO I CFO /COO _ President / Vice - President / Secretary I Treasurer Other: Other Information: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) DUTRA DREDGING COMPANY (A [wholly -Owned Subsidiary of The Du ra Group) Bidder fi Ad N,-r- I,- Au ' e Vku rritie % of Bid Item Total Subcontractors Information- Number Description of Work Bid Name: Address: Phone: State Ucense Number. Name: N O hf L Address: Phone: State Ucense Number: Name: O N t \ Address: Phone: State License Number: DUTRA DREDGING COMPANY (A [wholly -Owned Subsidiary of The Du ra Group) Bidder fi Ad N,-r- I,- Au ' e Vku rritie CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form. Please print or type. Dutra Dredging Company Bidder FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Tampa Harbor, 34 & 43 FT Project (W912EP -10 -C -0030) Project Description Dredging Approximate Construction Dates: From February 2011 T Agency Name USACE, Jacksonville Contact Person Jose Toro 2011 Telephone (904) 232 - 3688 Original Contract Amount $2,935,950Final Contract Amount $ 1,846,195 If final amount is different from original, please explain (change orders, extra work, etc.) Differences in dredge quantity 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 claims filed against or by the Agency No. 2 Project Name /Number Richmond Inner & Outer Harbor Maintenance Dredging (W912P7 -10 -C -0032) Project Description Dredging Approximate Construction Dates: From October 2010 To: March 2011 10 Agency Name USACE, San Francisco Contact Person Gere Prado Telephone (415) 859 -6325 Original Contract Amount $4,015,900 Final Contract Amount $ 2,976;108 If final amount is different from original, please explain (change orders, extra work, etc.) Differences in dredge quantity 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 claims filed against or by the Agency No. 3 Project Name /Number IDIQ Dredging Equipment Rental (W91278 -10 -D -0099) Project Description Dredging Approximate Construction Dates: From September 2010 To: March 2011 Agency Name USACE, Mobile Contact Person Jeffrey Hall Telephone (251) 957 -6019 Original Contract Amount $ 6,000,000 Final Contract Amount $ 6,000,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Nro claims filed against or by the Agency No. 4 - Project Name /Number Larkspur Ferry Terminal Berths & Channel Dredging (2010- FT -18) Project Description Approximate Construction Dates: From July 2010 To: December 2010 Agency Name Golden Gate Transportation Contact Person Lynford Edwards Telephone (415) 923 -2349 Original Contract Amount $6,339,955Final Contract Amount $ 5.190.692 11 If final amount is different from original, please explain (change orders, extra work, etc.) - Differences in dredge quantity 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 claims filed against or by the Agency No. 5 Project Name /Number IDIQ Dredging Equipment Rental (W91278 -10 -D -0051) Project Description Dredging Approximate Construction Dates: From February 2010 To: August 2010 Agency Name USACE. Mobile Contact Person Jeffrey Hall Telephone (251) 957 -6019 Original Contract Amount $ 5,999.980 Final Contract Amount $ 5,999,980 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No claims filed against or by the Agency No. 6 Project Name /Number Upper Newport Bay Restoration, Subcontract (w912PL -09 -C -0032) Project Description Dredging Approximate Construction Dates: From October 2009 To: August 2010 Agency Name USACE, Los Angeles Contact Person Larry Romero Telephone (951) 898 -6145 Original Contract Amount $5,000,000 Final Contract Amount $ 6,281,146 If final amount is different from original, please explain (change orders, extra work, etc.) Differences in dredge quantity Did you file any claims against the Agency? Did the Agency file any claims 12 against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO CLAIMS WERE FILED AGAINST OR BY THE AGENCY. Attach additional sheets if necessary. PLEASE SEE ATTACHED Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. DENNIS SALVERS, GENERAL CONSTRUCTION & DREDGING MANAGER Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractors current financial conditions. DUTRA DREDGING COMPANY Bidder (A Wholly -Owned Air on d 8ibnatui6rritle Subsidiary of The Dutra Group) I \ \\ 13 DENNIS SALYERS General Construction and Dredging Manager (Expertise: Mr. Salyers has over 21 years of operational and supervisory experience in Marine Construction and Dredging. Education: ENTERPRISE HIGH SCHOOL Redding, CA (Certification: Master Captain's License, 200 ton,USCG (1996) Confined Space Training, 2000 Crane Certification, 2004 30 -Hour OSHA, 2000 Experience: 1989 — Present THE DUTRA GROUP San Rafael, CA Dredge Captain, Operator Representative Project Experience: Crescent City Harbor Emergency Recovery Operations, Current Kyle Watson, Global Diving Man 206/963 -8138 Emergency tsunami response: recovery of boats, salvaging and pile removal. $2,500,00 Valero Benicia Refinery Maintenance Dredging 2010 — 2014 $5,000,000 + Doug Rose, Manager 77/745 -7463 Dredging episodes at the Valero Refining Company from August 1, 2010 through July 31, 2015 with disposal at various sites (SF -9, SF -11, Winters Island and Hamilton Wetlands Restoration Project HWRP). Richmond Inner & Outer Harbor Channel Maintenance Dredging, 09/10 -03/11 $4.015,900 W912P7 -10 -C -0032 Department of the Army, San Francisco District James E. Garror, USACE, San Francisco, CA 415/503 -6988 Work consisted of maintenance dredging of Richmond Inner & Outer Harbor Channel of approximately 634,000 cubic yards of materials to provide a project authorized depth, -38 feet plus 1 foot allowable paid over- depth for the Inner Harbor Channel and -45 feet plus 1 foot allowable paid over -depth for the Outer Harbor Channel. Dredged material excavated from the Richmond Inner Harbor Channel, transported and offloaded at the Hamilton Wetland Restoration Project (HWRP). Additional material transported to the SF -11 Disposal site and SF -11 or SF -DODS disposal site. DENNIS SALVERS General Construction and Dredging Manager Larkspur Ferry Terminal Berths & Channel Maintenance Dredging, June -Oct., 2010 $6,339,955 Lynford Edwards, PM 415/923 -2349 Dredging and surveying the Larkspur Ferry Terminal Berth Nos. 1,2,3 and 4, Turning Basin, and Navigational Channel including furnishing all materials, tools, equipment, services, supervision, and incidental work items as required to complete the project. Port of Oakland Annual Maintenance Dredging and Berth Deepening May — June 2010 Tony Chu 510/627 -1100 $1,765,000 On -Call dredging of berths; berth deepening; disposal of suitable for unconfined aquatic disposal (SUAD) material at various sites, including the U.S. Army COE Alcatraz Disposal Site (SF -11), Montezuma Wetlands Project (MSP), Hamilton Wetlands Restoration Project (HWRP), SF Bay Disposal Site (SF -8), and the SF Deep Ocean Disposal Site (SF DODS). Disposal of non suitable for unconfined aquatic disposal (NUAD) material at the Berth 10 Rehandling Facility. Redwood Citv Channel Maintenance Dredging (JV Project), 10/12/09- 2/5/10 $8,568,831.50 W912PY -09 -C -0023 James Garror, USACE, San Francisco, CA 415/503 -6988 Maintenance dredging of the Federal channel located at or near the Port of Redwood City Harbor Channel, San Mateo County, Ca. All dredging, material transportation and material placement in accordance with the project plans, specifications, permits, regulatory guidance and applicable contract clauses. Dredged material excavated from the Redwood City Harbor Channel transported and offloaded at the Hamilton Wetland Restoration Project (HWRP). (The Government provided off loading at the HWRP.) Los Angeles River Estuary, Maintenance Dredging, January 2008 -March 2008 $3,717,391 W912PL -08 -C -0006 Stanley Fujimoto, USACE, Los Angeles 213/452 -3241 Dredging of the Los Angeles River Estuary channel to Queen's Way Marina, approximately 300,000 cubic meters (project was dependent upon funding) Approximately 60,000 cubic meters placed within Slip G at the Port of Long Beach. 100,000 cubic meters disposal in near- shore. Remaining material placed at Ocean Disposal site LA -2. Additional Projects Available Upon Request No. 7 Project Name /Number Pinole Shoals. Suisun Bay Channel Maintenance (W912P7 -09 -C -0016) Project Description Dredging Approximate Construction Dates: From September 2009 To: December 2010 Agency Name USACE, San Francisco Contact Person Gere Prado Telephone (415) 859 -6325 Original Contract Amount $ 6,309,300 Final Contract Amount $ 6,334,894 If final amount is different from original. Please explain (change orders, extra work, etc.) Differences in dredge quantity 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 claims filed against or by the No. 8 Project Name /Number Columbia River Channel lmprovements , Subcontract (W9127N -09 -C -0026) Project Description Approximate Construction Dates: From January 2010 To: November 2010 Agency Name USACE, Portland Contact Person John Cannon Telephone (971) 227 -1724 Original Contract Amount $ 16,569,000 Final Contract Amount $ 14,814,902 If final amount is different from original. Please explain (change orders, extra work, etc.) Differences in dredge ouantity 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 claims filed against or by the Agency No. 9 Project Name /Number South Coast Mechanical Dredging (W9127N -09 -C -0022) Project Description Approximate Construction Dates: From August 2009 To: September 2010 Agency Name Contact Person Portland Travis Davidson Telephone (360) 355 -6504 Original Contract Amount $ 4.193,369 Final Contract Amount $ 6,004,472 If final amount is different from original. Please explain (change orders, extra work, etc.) Differences in dredge quantity 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 claims filed against or by the Agency No. 10 Project Name /Number Transitional Dredging, Port of Anchorage, Subcontract (W91 IKB- 09- C- 0022) Project Description Approximate Construction Dates: From July 2009 To: November 2009 Agency Name USACE_ Alaska Contact Person Ze Telephone (907) 753 -2503 Original Contract Amount $ 3,000,000 Final Contract Amount $ 2,741,070 If final amount is different from original. Please explain (change orders, extra work, etc.) Differences in dredge quantity 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 claims filed against or by the Agency No. 11 Project Name /Number Los Angeles River EstuM (W912PL- 098 -C -0006) Project Description Approximate Construction Dates: From February 2008 To: June 2010 Agency Name USACE, Los Contact Person Jim Fields Telephone (213) 452 -3403 Original Contract Amount $ 5,135,589 Final Contract Amount $ 8,296,302 If final amount is different from original. Please explain (change orders, extra work, etc.) Differences in dredge quantity 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 claims filed against or by the Agency CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 NON - COLLUSION AFFIDAVIT State of Califomia ) ) ss. Countyof Marin ) Harry K. Stewart being first duly sworn, deposes andsays that heei iris President C00 of Dutra Dredging Company the party making the foregoing bid; that the bid Is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made In the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fm any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the St a of Calf is that the foregoing is true and correct. DUTRA DREDGING COMPANY Bidder (A Wholly —Owned Au rized ig tu7elfRle Subsidiary of The Dutra Group) 2011 Subscribed and sworn to (or affirmed) before me this 5thday of April , 201:a el)%5 by Harry K. Stewart * * * * * * * ** personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. )� Notary Public— Diana M. Britt [SEAL] A111131NIN. if 8 CrrnMnhfbrr • 1922342 Netnp PnbMe • CMilornb IT Meb C"ty rn Fhb 19 2010 PJ 14 My Commission Expires: February 13, 2015 i is r i' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 DESIGNATION OF SURETIES Bidder DUTRA DREDGING COMPANY (A Wholly -Owned Subsidiary of The Dutra Group) Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): PLEASE SEE ATTACHED 15 SAFECO INSURANCE COMPANY OF AMERICA (owned by Liberty Mutual Surety — which also owns Ohio Casualty) 1340 Treat Boulevard, Suite 550 also 1001 Fourth Avenue Walnut Creek, CA 94597 Safeco Plaza Concord, CA 94520 Seattle, WA 98154 Phone: 925/979 -6705 800/332 -3226 FAX: 925/256 -4349 Ed Campos Eduardo.CamposQLibeMMutual.com AM BEST RATING: AXV Available Bonding Capacity: $80,000,000 single $150,000,000 aggregate Providing: Bid, Performance, Payment, Labor & Material as well as Warranty Bonding. AGENT: BB &L Surety Services ( Buschmann, Buschmann & Laux) 300 Harding Boulevard, Suite 209 Roseville, California 95678 Phone: (916) 782 -6637 FAX: (916) 782 -7878 CA License #OG13571 Organization is out of Washington State. Bob Laux rlaux e,bblsurety.com Jana Pilgard jpilgard ,bblsurety.com Joel Buschmann Kathy Rangel Dona Lisa Buschmann Sue Fourier INSURANCE AGENT MARSH RISK & INSURANCE SERVICES 345 California Street, Suite 1300 San Francisco, CA 94104 -2679 CA License No.: 0437153 P ®C: Mr. Paul Seeth Phone: 415/743 -8505 FAX: 415/743 -8078 Providing General Liability, Auto, Workers Compensation, Excess Liability, USL&H, and all insurance coverages required by Contracts. Millions CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL DUTRA DREDGING COMPANY (A Wholly -Owned Subsidiary of The Dutra Group) Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102, DUTRA DREDGING COMPANY Legal Business Name of Bidder (A Wholly -owned Subsidiary of The Dutra Business Address: 2350 Kerner Blvd., Suite 200 roup) Business Tel. No.: (415) 258 -6876 San Rafael; CA 94901 State Contractor's License No. and 707580 / "A" Classification: ill ( , Title (IJI.1 f J rt, President /C00 Current Year of Record Record Record Record Record Record for for for for for 2011 2010 2009 2008 2007 2006 Total No. of Contracts 24 68 65 102 91 108 458 Total dollar of Amount tof 14,029 125,070 97,675 84,044 121,219 145,103 587,139 Contracts (in Thousands of $ No. of fatalities NONE NONE NONE NONE NONE NONE NONE No. of lost Workday Cases -0- 10 2 3 6 6 27 No. of lost -0- 3 -0- 6 1 3 12 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102, DUTRA DREDGING COMPANY Legal Business Name of Bidder (A Wholly -owned Subsidiary of The Dutra Business Address: 2350 Kerner Blvd., Suite 200 roup) Business Tel. No.: (415) 258 -6876 San Rafael; CA 94901 State Contractor's License No. and 707580 / "A" Classification: ill ( , Title (IJI.1 f J rt, President /C00 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. � o, Signature of bidder Date AAp Title H Signature of bidder _ Date A Title /,Ch Signature of bidder Date Apr Title G . w Signature of bidder _ Date Title .G 11 5, '2011" ief Executive i it 5, 0 Gilfi lan, it 011 President /C00 T. Dutra tive Vice President If bidder is an individual, name and signature of individual must be provided, and, if he /she is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partnersfjoint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. (NOTARY ACKNOWLEDGMENT MUST BE ATTACHEDI 17 CIVIL CODE § 1189 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA} ss COUNTY OF MARIN} On April 5, 2011 before me, Diana M. Britting, a Notary Public personally appeared Ham IC Stewart, President/COO; Bill T. Dutra, CEO; who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hebtite/they executed the same in hioAlwhheir authorized capacity(ies), and that by der /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ING I certify under PENALTY OF PERJURY under the laws 1922342 of the State of California that the foregoing paragraph is Ullorele :4p: ® true and correct. unty Feb 13.2015 WI SS my hand and o7fficial cal. n iL�/JZGP 4/ Diana M. Britting, Notary Public Commission Expiration Date: February 13, 2015 OPTIONAL 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 ofthis form to another document. Description of Attached Document Title or Type of Document: Bid Documents for Rhine Channel Contaminated Sediment Cleanup — Contract No. 4555 Document Date: April 5, 2011 Number of Pages: 22 —(to signature page # 17) Capacity(ies) Claimed by Signer(s) Signer's Name: Harry K. Stewart Signer's Name: Bill T. Dutra E Corporate Officer — Title(s) President / COO ® Corporate Officer — Title(s) CEO ❑ Individual ❑ Individual ❑ Partner -- ❑ Limited ❑ General ❑ Partner _— ❑ Limited El General OMM raoofthw6 ❑Attomey in Fact ae rap ofth m re El in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer is Representing: Dutra Dredging Signer is Representing: Dutra Dredging Companv Company CIVIL CODE § 1189 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) ss COUNTY OF MARIN} On April 5, 2011 before me, Diana M. Brittin2, a Notary Public personally appeared G.W. Gilfillan, Exec. VP: James M. Haeood, CFO /ANA M. BRITTING Commfsalon * 1922323 /2 Notary Puetle - camomh Mari" courtly Comm. 40001041 13, 2015 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hokka/they executed the same in hieArer/their authorized capacity(ies), and that by him4mr /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 the State of California that the foregoing paragraph is true and correct. WI /SS mx hand p official se 1. / Diana M. Britting, Notary Public Commission Expiration Date: February 13, 2015 OPTIONAL 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: Bid Documents for Rhine Channel Contaminated Sediment Cleanup — Contract No. 4555 Document Date: Aril 5 2011 Number of Pages: 22 —(to sip-nature page #17) Capacity(ies) Claimed by Signer(s) Signer's Name: G.W. Gilfillan ® Corporate Officer — Title(s) Exec. V.P. ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: Duna Dredeine Comnanv Signer's Name: James M. Hapood ® Corporate Officer — Title(s) CFO ❑ Individual ❑ Partner_ — ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: Dutra Dredeine Company CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 ACKNOWLEDGEMENT OF ADDENDA Bidder DUTRA DREDGING COMPANY (A Wholly -Owned Subsidiary of The Dutra Group The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received I Signature ONE (1) 02/28/2011 1 TWO (2) 03/18/2011 THREE (3) 03/23/2011 FOUR (4) 03/29/2011 ig 03/29/2011 TUE 8:28 FAX CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT j ADDENDUM NO. 4 RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 DATE: March 29 2011 BY: I Public Works Director TO: ALL PLANHOLDERS ®002/002 1. The bid opening date and time has been changed to 10:00 AM on Tuesday, April 5, 2011. 2. Please revise Section F - Insurance, Item 1(d) Builders Risk -to read as follows: "Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss for the value of the pile and float /dock construction work only and not for the dredging work. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy -" Bidders must sign this Addendum No. 4 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. DUTRA DREDGING COMPANY Bidder's Name (Please Print) March 29, Date 11 (A Wholly -Owned Subsidiary of S ignature & Title f:\ users \pbw \shared\contracts \ fy10- 11 \rhine channel dredging c- 4555 \addenda \addendum -4.doc The Dutra Group) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 RHINE CHANNEL CONTAMINATED SEDIMENT CLEAN UP CONTRACT NO, 4555 DATE: March 23, 2011 BYC CQn Public Works Director TO: ALL PLANHOLDERS 1. Please delete: "The AADPL and UDBE Goals are 12.3% and 6.8 %, respectively" from the cover page of this contract. This is not a federally funded project, so that statement is not applicable. 2. A bathymetric survey of Lower Newport Bay (to the Corona Del Mar entrance) is available for bidder review and use. The bathymetric survey was performed by the U.S. Army Corps of Engineers in March, April, and May of 2010. The survey is available as a package of five full -size (24" x 36 ") sheets, and can be obtained from Mouse Graphics, 659 W. 19`h Street, Newport Beach, CA, 92627; phone number (949) 548 -5571. fausers 1pbwlshared\contractskfy10 -1 Whine channel dredging c- 4555 1addendaladdendum - 31addendum no 3.doc ?5 2 G; "I Bidders must sign this Addendum No. 3 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. DUTRA DREDGING COMPANY (A Wholly -Owned Name (Please Print) Subsidiary of The Dutra Group) 23, 2011 flusers 1pbvAsharedlcontractslfy10 -1 Whine channel dredging c- 45551addendaladdendum - 3laddendum no 3.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 DATE: March 18, 2011 TO: ALL PLANHOLDERS BY: L✓1/ Oublic Works Director (VOTE; The due date and time for sealed bids has been changed. Sealed bids are now due to the office of the City Clerk on THURSDAY, MARCH 31, 2011 at or before 10 AM. This addendum includes the following on the subsequent pages: - Questions received from potential bidders, and City responses - Modifications to contract document - Attachments as noted Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. DUTRA DREDGING COMPANY (A Wholly -Owned Subsidiary Bidder's Name (Please Print) of The Dutra Group) March 18, 2011 DA e (PIX Aut[ on ed ignature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT ISO. 4555 DATE: BY: Public Works Director TO: ALL PLANHOLDERS 1. There will be a non - mandatory job walk for all prospective bidders on March 8, 2011, at 10:00 AM at the Rhine Wharf public pier located at the the end of the Rhine Channel and Lido Park Drive. (Closest street address to this location would be 613 Lido Park Drive). Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. DUTRA DREDGING COMPANY (A Wholly -Owned Subsidiary Bidder's Name (Please Print) of the Dutra Group) Feb ,ruary 28, 2011 & Title q:\1- bidding logs \project files\2011 projects bid\1 1-037—ca—newport-beach—rhine—channel dredging \addenda \addendum -1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 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: DUTRA DREDGING COMPANY (A Wholly-Owned Subsidiary of The Business Address: 2350 Kerner Blvd., Ste 200; Dutra Group) San Rafael, CA 94901 Telephone and Fax Number: 415/258 -6876 FAX: 415/459 -3295 California State Contractor's License No. and Class: 707580 "A" (REQUIRED AT TIME OF AWARD) Original Date Issued: 6 / 1 / 19 9 5 Expiration Date: 06/30/2011 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: CHRIS PETERSON AND MIKE LARISON 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 CORPORATE OFFICERS: 2350 Kerner Blvd., Suite 200 RTTr T. nnTRA,s FO San Rafael, CA 94901 (415)258 -6876 HARRY K. STEWART PRESIDENT /COO Same Rama G.W. GILFILLAN EXECUTIVE VICE PRESIDENT Same Lama JAMES M. HAGOOD CFO Same Rama LELEAND R. SELNA, JR. - Secretary Same Same Corporation organized under the laws of the State of CALIFORNIA The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: In January of 1997, The Dutra Group filed a petition under•Chapter 11 of the Bankruptcy Act, 19 successfully completed a plan of reorganization and was discharged from bankruptcy in 1998. All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Dutra Dredging Company; Dutra Construction Co., Inc.; and the San Rafael Rock Quarry, Inc. are all Wholly -Owned Subsidiaries of The Dutra Group. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; M Have you ever had a contract terminated by the owner /agency? If so, explain. 001 Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab ompliance (i.e., failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes o Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) 20 Failure of the bidder to provide ALL requested Information in a complete and accurate manner may be considered non - responsive. Harry K. Stewart DUTRA DREDGING COMPANY Bidder (A Wholly —Owned Subsidiary of The Dutra Group) (Pri t name of Owner or President of Pbrporation /Company) Pbesident /C00 Title April 5, 2011 Date On April 5, 2011 before me, Diana M: Brittinq Notary Public, personally appeared * * * * * * * * * * * * * * * * * who proved to me on the basis of satisfactory evidence to be the person(%) whose name( is/4 subscribed to the within instrument and acknowledged to me that helshehhey executed the same in hislherllheir authorized capacity(ies), and that by his /her/their signature(') on the Instrument the person, or the entity upon behalf of which the personN 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. WffNESS,my hand and official seal. (SEAL) Notary Public in and for said State GIA lA M. /RITTIRG C on s 1922912 Non otary Pu PuDlle • CaUlorMa Mann County DWSCOMM. Fab 19, 2015 My Commission Expires: Febr_uary 13, 2015 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award' to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract Documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty- Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all Contract Documents have been received and approved by the City. 10A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 CONTRACT THIS CONTRACT entered into this 13k6ay ofioAj912011, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Dutra Dredging Company, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: This project entails dredging approximately 92,500 cubic yards of contaminated sediment from the Rhine Channel and nearby portions of the Newport Channel in Lower Newport Bay, Newport Beach, California. Proposed dredged material was determined to be high in contaminants (mercury) and organics (polycyclic aromatic hydrocarbons [PAHs] and pesticides) and, therefore, will be removed to protect the biological resources and public beneficial uses of Lower Newport Bay. Required dredge depths within the Rhine Channel vary depending on location, ranging from -13 to -18 feet mean lower low water (MLLW). Dredge depths for the nearby portions of the Newport Channel (Marina Park, American Legion, and 15th Street Pier) range from -6 to -13 feet MLLW. Dredged material will be disposed of at the Middle Harbor Slip Fill site located in the Port of Long Beach (POLB), strictly within the timeframe and guidelines for sediment disposal established by the POLB as expressed in their Memorandum of Agreement (MOA) with the City, which is attached hereto and incorporated by reference. An exception to this disposal location is sediment removed from a 10- foot -by -10 -foot isolated area of the Rhine Channel, which will be disposed of at an approved upland facility. WHEREAS, 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, City and Contractor agree as follows: A. 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 Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C -4555, the MOA between the POLB and the City, and any amendments thereto, 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 "). 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. 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: 23 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. In particular, disposal operations at the POLB Middle Harbor Fill Site shall be strictly limited to the time period allotted by the MOA. Failure to complete dredging operations within the allotted timeframe will require the Contractor to complete dredging and disposal operations using an upland disposal site at no additional cost to the City. Furthermore, if the Contractor fails to complete all work within the timeframe allotted by the MOA, the City shall be entitled to liquidated damages at a rate of $20,000 day. C. COMPENSATION 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, Four Hundred Fifty Thousand, Four Hundred Five and 001100 Dollars ($3,450,405.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Chris Miller (949) 644 -3043 PZAI Dutra Dredging Company 2350 Kerner Blvd., Suite 200 San Rafael, CA 94901 415 -258 -6876 415 - 459 -3295 Fax F. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Coverage and Limit Requirements. a. Workers' Compensation. 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 type for Contractor's employees 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 the laws of the State of California, Section 3700 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 required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss for the value of the pile and float/dock construction work only and not for the dredging work. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 25 2. Other Insurance Provisions. 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to . commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Contract. All of the executed documents referenced in this Contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, volunteers, and individual property owners upon whose property Contractor is performing Work under this Contract (collectively, the "Additional Insured Parties ") are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insured Parties. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects the Additional Insured Parties to all claims, losses, or liability arising directly or indirectly from the Contractors operations or services provided to the City. Any insurance or self- insurance maintained by the Additional Insured Parties shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. 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. W. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If Contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the 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. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. 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. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 27 k. 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 Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the 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 within five days of the expiration of the coverages. 3. Port of Long Beach Insurance. a. Specialty Insurance. Contractor shall procure and maintain in full force and effect during the term of this Contract, Watercraft Liability Insurance including Protection and Indemnity with minimum limits of ten million dollars ($10,000,000) per occurrence, Jones Act for employees performing services under said Act, and Water Pollution Liability. Water Pollution Liability shall include coverage for bodily injury (including death and mental anguish), property damage, defense costs, and cleanup costs with minimum limits of ten million dollars ($10,000,000) per loss and ten million dollars ($10,000,000) total all losses. Insurance policies will not be in compliance with this Contract if they include any limiting endorsement that has not been approved in writing by City and the City of Long Beach. The policy or policies of insurance for Watercraft Liability shall contain the following provisions or be endorsed to provide the following: i. The City and the City of Long Beach, the City of Long Beach's Board of Harbor Commissioners and their officials, commissioners, employees, consultants, advisors, and agents ( "Insured Parties ") shall be additional insureds with regard to liability and defense of suits or claims arising out of this Contract. Additional Insurance Endorsements shall not - Be limited to ongoing operations. - Exclude contractual liability. - Restrict coverage to the sole liability of Contractor. - Contain any other exclusion contrary to this Contract and the MOA. M ii. This insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the Insured Parties shall not contribute with this primary insurance. F. The policy shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City and the City of Long Beach's Executive Director of the Harbor Department except notice of ten (10) days shall be allowed for non- payment of premium. Any deductible or self- insured retention must be approved in writing by the City and the City of Long Beach's Executive Director of the Harbor Department and shall protect the Insured Parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self- insured retention. Contractor shall deliver either certified copies of the required policies or endorsements on forms approved by the City ( "evidence of insurance ") to the City and the City of Long Beach's Executive Director of the Harbor Department for approval as to sufficiency and as to form. 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 and the City of Long Beach's Executive Director of the Harbor Department. If such coverage is canceled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City and the City of Long Beach's Executive Director of the Harbor Department evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Contract and the Contract Documents but this insurance provision in no way limits the indemnity provisions. Contractor agrees to suspend and cease, and cause the suspension and cessation of, all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been approved by the City and the City of Long Beach. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. If coverage is written on a claims -made basis, the retroactive date on such insurance and all subsequent insurance shall coincide with or precede the effective date of the MOA and continuous coverage shall be maintained or Contractor shall obtain and submit to the City and the City of Long Beach an extended reporting period endorsement of at least three (3) years from termination or expiration of this Contract. 29 Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to the City and the City of Long Beach evidence of "tail" coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from termination or expiration of the MOA. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (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, attorney's 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 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 or any or all of them). 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 attorney's 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 the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. ii 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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. I. CONFLICT. If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first written above. ATTEST: Leila I. Browny /`_ CITY CLERK o�HEW u APPROVED AS TO FORM: �0h /11 Leonie Mulvihill Assistant City Attorney A� 4'vllk 31 CITY OF NEWPORT A Municiljal Corporat in 0 Mayor Chief Executive Officer Print Name: Bill T. Dutra Chief Financial Officer Print Name: James M. Hagood CO. PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. Executed in Duplicate CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Ri-0INE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 BOND NO. 07S201512 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 31 069 00 being at the rate of $ various thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Dutra Dredging Company, hereinafter designated as the "Principal', a Contractfor construction of MASTER FORMAL CONTRACT, Contract No. C -4555 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, alf of which are Incorporated herein by this reference. WHEREAS. Principal has executed or is.about to execute Contract No. C -4555 and ft terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Safeco Insurance Company of America 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 (. S3,967,966.00 ) 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 tnily 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 9 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 Cfly 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 vold. 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 atlomeys fees, Incurred by the City, only in the event the City is required to bring an action In taw or equity against Surely to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and 32 It does hereby waive notice of any such change, extension of time, alterations or additions of the Contract orto the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force end effectfor one (1) year following the date of formal acceptance of the Project by the 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 obllgations under this Bond. IN WITNESS WHEREOF, this instrument has bean duly executed by the Principal and Surety above named, on the 13th day of May, 2011, Dutra Dredging Company P Name of Contractor (Principal) t ed , tgKaturefTitle Ha r,,y K. Stewartf, President /COO Safeco Insurance Company of America Name of Surety 1001 Fourth Ave, Safeco Plaza Seattle, WA 98154 Address of Surety Ed Campos 1 -925- 979 -6705 Telephone Kathy Rangel, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST 8E ATTACHED 33 ACKNOWLEDGMENT nee.........• ................... ............................•.. o............... State of California County of tEIA On before me. Public, personalty appeared Notary proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within Itistrumenl and acknowledged to me that he /she /they executed the same in histherltheir authorized capacily(ies), and that by hislhentheir 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 fseel) ............... eve................... ....................•.......... e.......... opnoNAL rNFORmArrON Dale of Document Type or TWO of Document Number of Pages in Document Document in a Foreign language Type of Satisfactory Evidence: Personally Known with Paper Idenlficalion Paper Identification — Credible W ilness(es) Capacity of Signer: Trustee _ Power of Attorney _ CEO / CFO I coo President Vice-president / Secretary I Treasurer Other: Other 34 Thumbprint of Signer Chack here if no thumbprint or Ongetpnnf Is awliable. ACKNOWLEDGMENT State of California County of Placer On May 13. 2011 before me, Jana B. Pilgard, Notary Public (insert name and title of the officer) personally appeared nanny mange) 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .,�, JANA B. PILGARD a 53 COMM. #1835709 6 0 ^ao< NOTARY PUBIC'- CALIFORNIA a PLACER COUNTY �� m nyw.•nnrc:ommm+sx mEuN tre a Mv arc n 8, 20Signature (Seal) 10 ACKNOWLEDGMENT ....... vv o eove.DIP. a veo v e e e v a v p e D e o o. e o vtl o v v e e G V O O e e e.. v e n i e e e v o e e n. e e e... I O a n n . State of California County of as. On before me, Public, personally appeared Notary 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 helshelthey executed the same In hislhadtheir authorized capacity(iss), and that by his /her /their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the parson(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 (coal) ..................... ..........1v ....... b........... v........... v.............. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee — Power of Attorney CEOICFOIC00 _ President I Vice- President I Secretary 1 Treasurer Other: Other Information: 35 Thumbprint of Signer ❑ Check hero if no IhungWnt or GngeNrinl Is auagahia. CIVIL CODE § 1189 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) ss COUNTY OF MARK On May 17, 2011 before me, Diana M. Brittine, a Notary Public personally appeared Harry K Stewart who proved to me on the basis of satisfactory evidence to be the person(#) whose name(#) is /to subscribed to the within instrument and acknowledged to me that he /shvAhey executed the same in his/hen4he4 authorized capacity( and that by his 4 signature(o) on the NI NA M. GRITTING instrument the person(#), or the entity upon behalf of • 1922342 which the person(#) acted, executed the instrument. 0ComrhAsbm Notuy Public • CalUomis Merin County I certify under PENALTY OF PERJURY under the laws 11111y Comm. ExDirss Feb t3 2015 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Diana M. Britting, Notary Public Commission Expiration Date: February 13, 2015 OPTIONAL 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 farm to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond: City of Newport Beach, Rhine Channel Contaminated Sediment Cleanup Contract No. 4555 Bond No. 07S201512, Document Date May 13, 2011 Number of Pages: Two 2 Capacity(ies) Claimed by Signer(s) Signer's Name: Harry K. Stewart Signer's Name: M Corporate Officer — Title(s) President/COO ❑ Corporate Officer — Title(s) ❑ Individual ❑ Individual • Partner -- ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General _— Top of dwmb here Top of Mmnh hue • Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer is Representing: Dutra Dredgine Signer is Representing: Company PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. Executed in Duplicate CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4556 BOND NO, 07S201512 Premium Included LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Doo-a Dredging company , hereinafter designated as the "Principal," a contract for construction of MASTER FORMAL CONTRACT, Contract No. C -4555 In the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents In the office of the Pubfic Works Department of the City of Newport Beach, all of which are incorporated heraln by this reference. WHEREAS, Principal has executed or is about to execute Contract No, C -4555 and the terns thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall 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, Safeco In Company of America _ duly authorized to transact business under the laws of the State of Cardomia, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of ( $3,967,966.00 ) 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 orthe Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance or 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 end 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 attorney's fee, to be fixed by the Court as required by the - provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Cade so as to give a right of action to them or their assigns. in any suit brought upon this Bond, as required by and in accordance with the provislons of Sections 3247 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 Ifine, alterations or additions to the terms of the Contract or to the work to be performed thereunder 36 or the specficationa accompanying the some shay in anywise 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 Instru Principal and Surety, on the 13th day of Dutra Dredging Company Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 1001 Fourth Ave, Safeoo Plaza Seattle, WA 98154 Address of Surety Ed Campos 1- 925 - 979 -6705 Telephone has been duly executed by the above named ay , 2011. Hai fty R. Stewart, President /C00 rized A4&t Signature Kathy Rangel, Attorney -In -Fact Print Name and T{Ue NOTARY ACKNOWLEDGMENTS OF CONTRACTOR ATTACHED 37 ACKNOWLEDGMENT •... v ....................... ............................... v a.... o. v.......... o. State of California County of ss. On before me, Public, personalty appeared Notary who proved to me on the basis'of satisfactory evidence to be the parson(s) whose name(s) Islare subscribed to the within instrument and acknowledged to me that he /sWthey executed the same in his/her/their authorized capacily(les), and that by hisfherltheir 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 PrRJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature (seal) .. vv .................. oev 1, eevveq. ea.... a. ............................... no .... I OPTIONAL INFORMATION Date of Document, Thumbprint of Signer Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: „ Personally Known with Paper Identification Paper Identification Credible witnass(es) ❑ cheOR hero if Capacity of Signer no thwnWInl Trustee or ftarprint Power of Attorney is available. _ CEO 1 CFO / COO _ President I Vice - President I Secretary f Treasurer Other: Other Information: _ 38 ACKNOWLEDGMENT .................. ev...........................I. e e v a a..... n n.... o v v n o npvev ¢¢¢� State of California County of ss. 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) Ware subscribed to the within Instrument dnd acknowledged to me that helshelthey executed the same in hWher/thelr authorized cspacity(ies), and that by hielherlthetr 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 ttry hand and official seal. Signature (Deal) .......¢. e¢.... v..¢... vv. v........... vv¢vvv....v .v ..............v.........v..ar OPTIONAL INFORMA710N Date of Document Type or Tide of Document Plumber of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Idantifiration Credible Witness(es). Capacity of Signer: _ Trustee Power of Attorney CEOICFOICOO _ President I Vlce•Presldent I Secretary / Treasurer Other. Other Information: I Thumbprint of Signer El check here if no thumbpdnr or nnuenvInt ID eveHame. ACKNOWLEDGMENT State of California County of Placer On May 13, 2011 before me, Jana B. Pilgard, Notary Public (insert name and title of the officer) personally appeared Kamy manger , 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r"^^' ;" JANA B. PILGARO COMR M. #1835 NOTAY PUBLIC • CALIFORNIA 709 a k1- PLACER COUNTY C =missan Ex Magiµ 2�1x Signature `J (Seal) " """�"""" CIVIL CODE § 1189 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) ss COUNTY OF MARIN) On _May 17. 2011 before me, Diana M. Britting, a Notary Public personally appeared Harry I{ Stewart who proved to me on the basis of satisfactory evidence to be the person(#) whose name(#) is/we subscribed to the within instrument and acknowledged to me that he/#y executed the same in his/h authorized capacity(iee} and that by hiss signature(e) on the instrument the person(o), or the entity upon behalf of which the person(@) acted, executed the instrument. MN MM K OUR ff f N0 Cwwjsw n r lonm I certify under PENALTY OF PERJURY under the laws Le Ny Potdte cm en" of the State of California that the foregoing paragraph is f. Ex County Comm. ' a Feb t 3, 2015 true and correct. WITNESS my hand and official seal. C/ Diana M. Britting, Notary Public Commission Expiration Date: February 13, 2015 OPTIONAL 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 ofthis form to another document. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond: City of Newport Beach, Rhine Channel Contaminated Sediment Cleanup Contract No. 4555 Bond No. 07S201512 Document Date May 13 2011 Number of Pages: Two 2 Capacity(ies) Claimed by Signer(s) Signer's Name: Harry K. Stewart Signer's Name: ® Corporate Officer— Title(s) President/COO ❑ Corporate Officer — Title(s)_ ❑ Individual ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General _— Top d NUM hm Tcpdta*hm ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer is Representing: Dutra Dredgine Signer is Representing: Company THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4551501 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the 'Company), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DONA LISA BUSCHMANN, JANA B. PILGARD, ROBERT D. LAUX, KATHY RANGEL, ALL OF THE CITY OF ROSEVILLE, STATE OF CALIFORNIA ................ , each Individually if there be more than one named, Its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THREE HUNDRED MILLION AND 00/100 ** * * * * ** DOLLARS ($ 300,000,000.00 * * * * "* "* * * * * ** * * * * * *) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as dthey had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-m- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By -laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now In full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of April 2011 SAFECO INSURANCE COMPANY OF AMERICA Oa By C� -.-^ -� G✓- 1- cc -�'� Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA as a.*.^ COUNTY OF MONTGOMERY On this 27th day of April , 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHERn1wsubscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year of: first above written. /- ,,��% .�/. �,�/ � /!l¢�CC,C.C.0 g C� E, uv aaxo -3 Ter Pastella, Notary Public CERTIFICATE I, the undersigned, AsslsW$ecr0* o(Safeeo Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct �y, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in -fad as provided in Article N, Section 12 of the By -laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my nartle and -fgxed the corporate seal of the said company, this 13th day of Maur 2011. David M. Carey, As9stant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Drawings and Special Provisions, and hereby proposes to fumish all materials except that material supplied by the City and shall perform all work required to complete Contract No. C-4555 in accordance with the Drawings and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Base Bid Items 1. Lump Sum Mobilization 1 ha1n��d Demobilization 2Q ye I `1 :n hvn4i�.M -1&L1SMFi Fjtje @ Dollars J and 2r z, Cents $ -7053C1, Per Lump Sum 2. 92,500 CY Dredging, Transport, and Disposal 60n d Dollirs��� y and �.e c Cents $ Per Cubic Yard ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. LUMP SUM Dredging, Transport, and Disposal for Unsuitable Sediment Dredge Area 4r% pp iiu,�sc J N,����c�reki @ Dollars and Cents $95 3ca3 Per Lump Sum 4. 5,000 CY Additional Dredging, Transport, and Disposal (if required) nin� 1-Tire I.ko -us nel @ Dollars and �LerC' Cents $ )9. °� $ °I 5, Per Cubic Yard 5. LUMP SUM Environmental Protection @ , evs c n c� Dollars and Ze r� Cents $ con Per Lump Sum 6. 55 EACH Guide Pile Removal and Replacement (12 -Inch Diameter) Dollars and ��ri Cents $6, ;kco $ '3q Per Each 7. 10 EACH Guide Pile Removal and.Replacement (14 -Inch Diameter) Dollars and o Cents $ Per Each 8. 33 EACH Guide Pilel Removal and Replacement (16 -Inch Diameter) oy- l(nli 1 Dollars and Ze�u Cents $ 77.00O $ X31 , 000. It Per Each PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 18 EACH Guide Pile Removal and Replacement (18 -Inch Diameter) Z E,)wn�res>)Z��) f�geJen -)iw,6nr.�4wo hondrzd Dollars and 7F u-0 Cents $ InAon Per Each Contingency Bid Items 10. 30 EACH Replace Guide Rolle fKV i-zen {�il5nnci ��u Per Each Set of Four rs (Set of Four) Slx�'vn�r�% _Dollars and _Cents $ Z/ 5 $ 13 _S0 . °O 11. 30 EACH Replace Guide Roller Framing UDollars and u Cents $ l( o $ Rq.060 , °a Per Each 12. LUMP SUM Allowance for Dock Reconstruction ��sane) Dollars and zee r� Cents $ 50.000 Per Lump Sum TOTAL PRICE OF BASE BID AND CONTINGENCY BID ITEMS IN WRITTEN WORDS R and -7-2j`o Cents $ -3 �L, 1 I S5.5. ao Total Price (Figures) Details regarding all bid items are included in the °Measurement and Payment" portions of the Technical Specifications. The City will award the Contract based on the total of Base Bid Items and Contingency Bid Items. The City reserves the right to award to the lowest bidder, or to rebid the project, based solely on the City's assessment of the submittals. PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Optional Bid Items. 13. 3,000 CY Dredging, Transport, and Disposal — Channel Road Property Description: Additional localized dredging of sediments from area adjacent to Channel Road Property, in the vicinity of Stations 18 +00 to 24 +00, near the northeast side of Rhine Channel, with disposal at the Middle Harbor Fill Site. er�i�- ty- 1t,�,�5<�rd ely ool�dc�d and Cents $�%.�5 $`,�5�_oc7 Per Cubic Yard April 5, 2011 Date 415/258 -6876 FAX: 415/459 -3295 Bidder's Telephone and Fax Numbers 707580 "A" Bidders License No(s). and Classification(s) DREDGING COMPANY I � er's Authorized Signature and Title V2 50 Kerner Blvd., Suite #200 an Rafael, CA 94901 Bidders Address Bidder's email address: hstewart@dutragroup.com 9:El1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beads This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/23/2011 Dept. /Contact Received From: Shari Rooks Date Completed: 5/24/2011 Sent to: Joel By: Joel Company /Person required to have certificate: Dutra Dredging 1. GENERAL LIABILITY A. INSURANCE COMPANY: AGCS Marine Insurance Co. B. AM BEST RATING (A-: VII or greater): A +: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes aX No 0 D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes IX No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes No 0 H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Phildelphia Indemnity Insurance Company B. AM BEST RATING (A-: VII or greater) A +: XI V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No ;._____I, F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wonting lit. WORKERS' COMPENSATION A. INSURANCE COMPANY: Scabright Insurance Company B. AM BEST RATING (A -: VII or greater): A -: IX C. LIMITS: $1,000.000 Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes FX No F HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: 4' Agent of Alliant Insurance Services Broker of record for the City of Newport Beach May 24. 2011 0 Requires approval /exception /waiver by Risk Management Comments: Approved: Management Date * Subject to the terms of the contract. Date Yes rX No B &B initials 7 °® D DATE (MMIODNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER C CONTACT WC. N ac Nn . CALIFORNIA LICENSE NO. 0437153 E E-MAIL PRODUCER CUSTOMER ID A INSURERS AFFORDING COVERAGE N NAIC0 08475- MARIN- BUILD -0849 I INSURED I INSURER A: AGCS Marine Inmmnoe Company 2 22837 DUTRA DREDGING COMPANY P Philadelphia Indemnity lnsumnce Company 1 18058 INSURER C: (See AOached) INSURER D: Sealltht Insurance Company 1 15563 INSURER Deal COVERAGES CERTIFICATE NUMBER: SEA - 001936164-01 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADD S BR POLICYNUMBER MWDDYEFF MMMDY� umns LTR A GENERALUABIUTY OMLS2004590 0410112011 0410112012 EACH OCCURRENCE $ 1,000.000 DAMAGE TO RENTED X COMMERCIALGENERALLABIOTY PREMISES Eaoccvrmnce $ 503'000 CLAIMS -MADE M OCCUR MED EXP (Any ors person) $ 5,000 X COMPREHENSIVE FORM PERSONAL &ADV INJURY $ 1,000,000 X ADU'L COVERAGE PG. 2 GENERALAGGREGATE $ 2,000,000 GEHL. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S 2,000,000 POLICY 7 PRO- LOC $ JFCT B AUTOMOBILE LABILITY PHPK702454 0410111011 04/0112012 COMBINED SINGLE LIMIT S 1,000,000 (Eaacddent) IXXX ANY AUTO BODILY INJURY (Per person) $ ALLOWNEDAUTOS BODILY INJURY (Per ew3dent) $ SCHEDULED. AUTOS P er a wid Y DAMAGE $ HIREDAIrfOS (Peraceident) NON -OWNED AUTOS $ HIRED PHYSICAL DAMAGE $ ' UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS UAe. " "BUMBERSHOOT' C CLMMSMADE MMSF- 11.4114 0901/2011 04/0117012 AGGREGATE $ DEDUCTIBLE RUP.D. GSLXS $ 24,000,000 RETENTION $ $ WORKERS COMPENSATION X I WCSTATU- OTH- AND EMPLOYERS- LABILITY YIN TORY LIMITS PR D ANYPROPRIETORMARTNERIEXECUTIVE MN NIA BB1111896 0410111011 04/0112012 51- EACH ACCIDENT S 1,1300,01M OFFICERIMEMBEft E%CLUOEDT (Mandatoryin NH) E.L. DISEASE -EA EMPLOYEE $ 1.000.000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A PROPERTYICOM'. EQUIP., etc. MXI93030183 0410112011 04/012012 BLANKET LIMIT 10,000,000 A PROTECTION & INDEMNITY OML92004590 0410111011 04/0112012 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AIdch ACORD 101, Additional Remarks Schedule, Renate space Is requlrad) RE RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP. THE CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONALS INSUREDS AS THEIR INTEREST MAY APPEAR. ALL COVERAGES ARE PRIMARY AND NON - CONTRIBUTORY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF NEWPORT BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PUBLIC WORKS DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS. 3300 NEWPORT BOULEVARD P.O. BOX 1768 AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA 92658 of Marsh Risk& Inssues. soraicaa P- Seeth ACORD 25 (2009109) ©19882009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF NEWPORT BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PUBLIC WORKS DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS. 3300 NEWPORT BOULEVARD P.O. BOX 1768 AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA 92658 of Marsh Risk& Inssues. soraicaa P- Seeth ACORD 25 (2009109) ©19882009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2009109) ©19882009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION SEA-0019361" DATE(MAVDo" PUBLIC WORKS DEPARTMENT 09118011 PRODUCER MARSH RISK& INSURANCE SERVICES 345 CAUFORNIA STREET, SUITE 1390 CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94104 P. Seeth 7iTTT� C _ �cIIi 084754MRIN-6I11L0-0809 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER G. DUTRA DREDGING COMPANY 2350 KERNER BOULEVARD NSURER H: NSURER 1: SAN RAFAEL CA 94901 INSURER J: TEXT Other PoticyCovers POLLUTION LIABILITY Policy DetaOs InsrLm E Policy Number. OMH 3492727 E8. DL 041018011 Exp. DL 0410112012 Umis :5,00D,DDO COMPANY A AGCS MARINE INSURANCE COMPANY (100%) GENERAL LIABILITY ADDITIONAL COVERAGES 6 DESCRIPTIONS: PREMISESIOPERATIONS UNDERGROUND EXPLOSION AND COLLAPSE HAZARD PRODUCTSICOMPLETED OPERATIONS CONTRACTUAL BROAD FORM PROPERTY DAMAGE PERSONAL INJURY BROAOFORM HULL 8 MACHINERY COVERAGE CARRIER: AGCS MARINE INSURANCE COMPANY (100 %) POLICY NO. OML 92004590 EFFECTIVE: 04-0141 EXPIRATION: 04-01 -12 LIMITS RE: AS SCHEDULED COMMERCIAL OUTPUT PROGRAM INCL MOBILE EQUIPJCONTRACTORS EQUIP., BUILDINGS, MACHINERY 8 BUSINESS PERSONAL PROPERTY AGGS MARINE INSURANCE CO. POUCY: MXI 93030183 EFFECTIVE 04-01 -11 EXPIRATION: 04-0142 'ALL RISKS', INCL EARTHQUAKE 8 FLOOD WITH SPECIFIC SUBUMITS. COMPANY C: AGCS MARINE INSURANCE COMPANY (50 %) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (50 %) When the Named Assured is required by a vm0en contrad to name offer entities as Additional Assured[s) on Ws General Liability and Emoess Liability Policies writer to Indemnify, andlor defend( andfor hold harmless such enb'fies, the Assured may amide evidence m the Additional Assured per the follvMng wording It is understood and agreed that the Certificate Holder and the Commissioners, officers, directors and employees Taneof while operating In lheb Capacity as such are hereby named as ADDITIONAL ASSUREDS under this policy as respects liabilities to Chad parties and defense of claim and famuits arcing cut of the use of premises of theAd6FnrW Assured aldlornegligent worker operations andlorownership or operdlon of vessels of One Named Awed and is ofiwas, employees andforsubaonbadors during Ux tam of these Policies. These policies shag be the pdncipal coverage as respects the 6ab60ies of the NAMED ASSURED and my otter Insurance timed by One ADDITIONAL ASSURED shag rot be contnbuleryas respects the FsbOdes of The Named Assured. NM shag the Additional Assured be responsible for anypremum crdeductibles hereunder. ThesepolidesshaDindWe 'Savaabi6tyofWe rasr�pecf;lhetiabiGGasofach Asslsedn ,edhereon but One arnbg of Additional Assured(s) hereto shall not bwase the lint of liability ofthese policies arising outof my one accident arawrrence. CERTIFICATE HOLDER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658 Au QAU!EO nEYRESENTAiIVE of Marsh Risk 6lnsuanee Services P. Seeth 7iTTT� C _ �cIIi ADDITIONAL INFO RMATION SEA- 001936164.01 DATE(MAVDDNY) PUBLIC WORKS DEPARTMENT 051112011 PRODUCER MARSH .RISK & INSURANCE SERVICES 345 CALIFORNIA STREET. SUITE 1300 CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94104 P. Seelh. 08475 - MARIN- BUILO.08.09 INSURERS AFFORDING. COVERAGE NAIC# INSURED INSURER G: DUTRA DREDGING COMPANY 2350 KERNER BOULEVARD INSURER H' INSURER I: SAN RAFAEL, CA 94901 INSURER J: Property /Cons Equipment polleymcludes Bailees Coverage. Protection & Indemnity coverage includes Janes Ad Coverage. Excess Uablli(y coverage .(Bumbershoal) provides excess Protection & Indemnity coverage. CERTIFICATE HOLDER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH. CA 92658 ADTHDRDED REPRESEMAME of Marsh Rtsk& Insurance Services P. Seelh. Pa e CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODN'YYY) 051112011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CONTACT NfJ1E: PHONE ac ; el E-MAIL ADDRESS, CAUFORNW LICENSE NO. D437153 SAN FRANCISCO, CA 94104 PRODUCER 08475- MARIN- BUILD-0309 INSURER(S) AFFORDING COVERAGE HAIG0 INSURED INSURERA: AGCS Marine lnmmnm Company 22837 DUTRA DREDGING COMPANY 2350 KERNER BOULEVARD INSURER s: Philadelphia Indenmity Immune Company 18058 INSURER C: (See Attached) SAN RAFAEL, CA 94901 INSURER D: SeabigM lnmisnce Company 15563 INSURER E: Great Ameican 1m"ae CO. 16691 .SURER F: COVERAGES CERTIFICATE NUMBER: SEA-00193616"I REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSfl LTR TYPE OF.SURANCE SUER POLICYNUMBER POLICY EFF Mm POLICY EXP MND LIMBS A GENERAL LUeILnY OML 92004590 041012011 04MI 012 EACH OCCURRENCE E 1.000.000 X COMMERCIAL GENERAL LIABILITY REMISE T PREMISES e m E 500000 a 5,000 CLAIMS -MADE OCCUR MED EXP (My Dire person E X COMPREHENSIVE FORM PERSONAL 6 ADV INJURY E 1,000,000 X ADDL COVERAGE PG. 2 GENERAL AGGREGATE $ ZOOD,DDO GEHLAGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG E ZOOD,0D9 $ POLICY PRP LOC JPCT B AUTOMOBILE LIABILITY PHPK702454 041012011 04/012012 COMBINED SINGLE LIMB $ 1000000 (Fe academy BODILY INJURY(P. $ ANY AUTO X ALL OWNED AUTOS BODILY INJURY (Pa $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOS (Peaonl) S NONOWNED AUTOS E HIRED PHYSICAL DAMAGE S UMBRELLA LIAB OCCUR EACH OCCURRENCE S —BUMBERSHOOT- AGGREGATE S C EXCESS UAB c1aMSMnDE MMSFI7 -0114 041012011 611D12U72 DEDUCTIBLE BJR.D. CSLXS E 24,00.000 S RETENTION f WORKERS MWENSATION X I ORYUMIf OTF4 AND EMPLOYERS• LU181LrfY E.L EACH ACCIDENT $ 1,000,000 D ANYPROPRIETORIPARTNERIEXECUTIVE BB1N1896 041012011 041012012 OFFICER/MEMBER EXCLUDED? NIA EL DISEASE -EA EMPLOYE S 1,000,000 (Mandatary in NN) Ifyyes.d"e under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A PROPERTY /CONY. EQUIP., etc MXI93030183 04/012011 04/012012 BLANKET LIMIT 10,000,000 A PROTECTION& INDEMNITY OIL 92004590 04/012011 04AI72012 1,000,OW DESCRIPTIONOFOPERATIONSILOCATIONSIVEH ICLES(At ACORD101,Ad iff al Remar S edule,IImomapembm ulmd) RE RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP. THE CITY OF NEWPORT BEACH, ITS ELECTED ORAPPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONALS INSUREDS AS THEIR INIERESTMAY APPEAR ALL COVERAGES ARE PRIMARYAND NONCONTRIBUTORY. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1786 NEWPORT BEACH, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. of Mamh RMIC d Iwumnm Sorvlcm P. Seeth` ©1988 -2009 ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION SEA-00193616"I DAM(KAfDDNY) PUBLIC WORKS DEPARTMENT 05/1112011 PRODUCER MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET. SUITE 1300 , CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO. CA 94104 P. Seeth 084754ARIN4BUI1D08-09 INSURERS AFFORDING COVERAGE NAICt7 INSUR® NSURER G: DU0 KERN DG OU COMPANY 235D KERNr7i BOULEVARD wSURER H: SAN RAFAEL. CA 949D1 INSURER I: INSURER J: TEXT Dow Polly Covers POILUIION LABILITY Poky Detalls hrsrUr E Policy Number. OMH 3492727 EB. DI-040101i Exp. DL 041012012 Wins :5,000,000 COMPANY A: AGCS MARINE INSURANCE COMPANY (1(10%) GENERAL LABILITY ADDITIONAL COVERAGES & OESCRIPITONS: PREMISESIOPE2ATIONS UNDERGROUND EXPLOSION AND COLLAPSE HAZARD PRODUCfSICOMPLETED OPERATIONS CONTRACTUAL BROAD FORM PROPERTY DAMAGE PERSONAL RUURY BROADFORM HULL & MACHINERY COVERAGE CARRIER: AGCS MARINE INSURANCE COMPANY (100%) POLICY NO. DIAL SZOD4590 EFFECTIVE: 001 -11 EXPIRATION: 04-01 -12 LIMITS RE AS SCHEDULED COMMERCIAL OUTPUT PROGRAM INCL MOBILE EQUIPJCONTRACTORS EQUIP., BURDINGS, MACHINERY & BUSINESS PERSONAL PROPERTY AGCS MARINE INSURANCE CO. POLICY: MXI93D3w83 EFFECTIVE 04.01-11 EXPIRATION: 04-01 -12 'ALL RISKS', INCL. EARTHQUAKE & FLOOD WITH SPECIFIC SUBUNITS. COMPANY C: AGCS MARINE INSURANCE COMPANY (50 %) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (50 %) When the Nark Assured is required by a wd0en contract to name other wffiwas Additional Accaad(s) on Ifs Gmaral Liability and Euess Uab01y Policies andfor to Inderm*. andror delendf andlor hold harmless such enbbas, the Assured may provide evidence to the Addllmal Assured per the fd1wing wmd[W. N is understood and agreed that the Certificate Holder a d the commissioners, officers, directors and employees theedwh0e oporaft N their capacity as such am hereby named as ADDITIONAL ASSUREDS under this poky a respects tabflties to third parties and defense at Balms and lawsuits adsirry out tithe use of premises of theAddtinnal Assured andlor regIgent work or operations ardforownership or operation of vessels of the Named Assured and its officers, employees andlarsub<onaactms during the term of these polices. These policies shall be the pdncpal coverage as respects the Iablllles of the NAMED ASSURED and any other msuranm canted by the ADDITIONAL ASSURED shall nil be contributory as respects the IiablNes of the Named Assured. Nor shall the Addtbnal Assured be respons@le for any premium or deductibles hereunder. These pokes shall brdude' Sevemdityd lntemsr as respects the llabdIies leach Asuured named hereon. but the namingafAdOorlal Assured(s)herelosbdl nd'maeasetlermdd bablityof these polder altsing outdany one acddeda cownmhco. CERTIFICATE HOLDER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658 , aMaahRIAIs tsarns E W Mash Nek & Irrzumnao Securers P. Seeth ADDITIONAL INFORMATION SEA-001936164-01 DATE(MWUDIM PUBLIC WORKS DEPARTMENT 0511112011 PRODUCER MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94104 P. Swth TJ C M �T 084757AAWN- BUILD-0&09 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER G: DUTRA DREDGING COMPANY 2350 KERNER BOULEVARD INSURER H: SAN RAFAEL, CA 94901 INSURER I: INSURER J: PmpeglConL EgWpmem poM.y Includes Balieee Cavmage. Pmted n & Indemnity mverdge Includes Jdires Act Coverage. Excess Liab0ly coverage (BumbembwQ pmvides excess PmWon & Indemnity coverage. CERTIFICATE HOLDER CHY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768 NEWPORT BEACH, CA 92658 vn Oo �Am e Risk &lmu=o SmNCOs P. Swth TJ C M �T Pa 3 III Marine Package Policy THE OUTRA GROUP, ETAL. ENDORSEMENT NO.5 The following Terms and Conditions are attached to and form a part of Policy No. OML 92004590 issued to: THE DUTRA GROUP, eta[ BLANKET ADDITIONAL INSURED ENDORSEMENT In consideration of an additional premium of $Included and subject to all terms, conditions and exclusions contained in this policy, and further subject to the conditions of this endorsement, it is agreed that: 1. Clause 11 - Persons Insured of Section I: General Conditions is amended to include as an insured any person of organization whom the Named Insured is required to add as an additional insured on this policy under: (1) a written contract; or (2) an oral agreement or contract where a Certificate of Insurance has been issued showing that person or organization as an additional insured; but the oral agreement or written contract must be: (a) An "insured contract "; (b) Currently in effect or becoming effective during the term of this policy; and (c) Executed or agreed to prior to an "occurrence" or "offense" that gives rise to a claim or "suit ". 2. Such person or organization is an insured only: (1) With respect to liability arising out of the Named Insured's ongoing operations performed for that additional insured. A person or organization's status as an additional insured under this endorsement ends when the Named Insured's operations for that additional insured are completed. (2) Where a contract or agreement for the lease or rental of premises obligates the Named Insured to add the manager or lessor of such premises as an additional insured. Such manager or lessor is an additional insured only with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased to the Named Insured, and this insurance does not apply to: (a) Any "occurrence" which takes place after the Named Insured has ceased to lease or rent the premises; (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 100 Marine Package Policy THE OUTRA. GROUP, ET AL. (3) Where a contract or agreement for the lease or rental of equipment obligates the Named Insured to add the lessor of such equipment as an additional insured. Such lessor is an additional insured only with respect to their liability arising out of the maintenance, operation or use by the Named Insured of that leased equipment, and this insurance does not apply to: (a) Any "occurrence" which takes place after the equipment lease expires; (b) "Bodily injury" or "property damage" arising out of the sole negligence of such additional insured. When an additional insured is a partner or member of a partnership, joint venture, or limited liability company, this policy will only respond for liabilities insured hereunder for an amount not exceeding the additional insured's participation in such partnership, joint venture or limited liability company. 4. The inclusion of an additional insured under this insurance does not: (1) Increase the Limits of Insurance set forth under Clause 7, Limits of Insurance, of Section I: General Conditions. (2) Obligate the Company to send notice of cancellation or change of coverage to an additional insured. (3) Apply to an "insured contract" entered into by the additional insured. 5. Insurance afforded to an additional insured under this policy shall not exceed the coverage and /or limits required by the contract or agreement between the named and additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the Terms, Conditions, Provisions, Agreements or Limitations of the above mentioned Policy, other than as stated above. 101 Marine Package Policy THE DUTRA GROUP. ET AL. a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 6. Other Insurance The insurance afforded by this policy is: a. Primary insurance and we will not seek contribution from any other insurance available to you except if the other insurance is provided by a contractor other than the designated contractor for the same operation and "job location"; and b. If the other insurance is available, we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Premium And Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Contract cost, the premium base shown in the Declarations, means the total cost of the operations described in the Declarations. c. The premium shown in the Declarations as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the contractor designated in the Declarations. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the contractor designated in the Declarations. In no event shall the payment of premium be your obligation. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request., the insured will bring "suit" or transfer those rights to us and help us enforce them. 121 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 000913 (Ed. 484) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any acre not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. THE MINIMUM POLICY CHARGE FOR THIS ENDORSEMENT SHALL NOT BE LESS THAN 5500. This endorsement changes the purity to which it is aeachad and is effeelwo on the date issued unless otherwise staled. (rho information below Is required only when this erelorserlcrd is issued subsequent to preparation of the ,ollcy.) Endorsement Effective 04701/17 Policy No. BBI111895 Endorsement No_ 8 Insured Dutra Group, The Policy Effective Date 04101/11 Insurance Company Sea Bright Insurance Company Countersigned By WC 00 0311 (Ed. 4.84) CopJeghl 1083 Nullonol Cowcil on co,nr enovJm Innmwm 05 * 04/04/2011 * OM H 3492727 10 Great American Insurance Company New York AGENT COPY 0127198 Ed. 01 01 ADMINISTRATIVE OFFICES GAI2298 (Ed. 301 E. 41h Street • Cincinnati. OH 45202 GREAT ay(_R)CAnr 513.369.5000 IRSURARCE GROUP �.GreatAmericanlnsurance.com OCEAN MARINE GENERAL ENDORSEMENT BLANKET ADDITIONAL INSURED Effective April 1, 2011, it is agreed that such insurance as is afforded under this policy shall also apply to: Any person or organization the named insured is required to name as an additional insured, but only with respect to such operations as are conducted by the named insured in connection with the insured vessel provided that: A. such insurance is to be primary and not contributing with any other insurance maintained by such additional insured; B. such additional insured is required by a written contract between the named insured and such additional insured and should such written contract require terms of coverage or limits of liability less than such as are afforded by this policy, then such reduced terms or limits shall be applicable with respect to such named additional insured; C. other than as stated herein, the naming of such additional insured shall not act to extend the terms of this policy; D. the naming of more than one insured in this policy shall not act to increase the liability of the company; E. by issuance of this endorsement the Company does not waive its right of subrogation. ALL OTHER POLICY TERMS AND CONDITIONS REMAIN UNCHANGED. GAI 2298 (Ed. 01/01) (Page 1 of 1) PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5 -2 PROTECTION 3 5 -8 SALVAGED MATERIALS 3 ' SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 6 7 -8.8.6 Water Pollution Control 6 7 -8.6.1 Best management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 TECHNICAL SPECIFICATIONS SECTION 02050 DEMOLITION 02300 -1 SECTION 02300 DREDGING AND DISPOSAL 02050 -1 SECTION 02350 PRECAST CONCRETE PILES 02350 -16 SECTION 02891 TIMBERWORK 02891 -1 SECTION 05500 METAL FABRICATIONS 05500 -1 SECTION 06310 PRESERVATIVE TREATMENT AND COATINGS FOR WOOD 06310 -1 APPENDIX A REGULATORY PERMITS APPENDIX B DISPOSAL ACCEPTANCE LETTER AND SAMPLE MEMORANDUM OF AGREEMENT APPENDIX C EXPLORATORY SEDIMENT SAMPLING RESULTS AND CORE LOGS APPENDIX D CHEMICAL TESTING RESULTS APPENDIX E RHINE CHANNEL DEBRIS SURVEY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP CONTRACT NO. 4555 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Contract Drawings; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of the base bid of this contract consists of dredging approximately 92,500 cubic yards of sediment from the Rhine Channel and specified areas of Newport Channel in Lower Newport Bay, with disposal at the Middle Harbor fill site within the Port of Long Beach (POLB) within a strictly defined time period as dictated by the POLB in a Memorandum of Agreement (MOA) with the City. Concurrent with the dredging operation, a total of 116 guide piles will be removed and replaced to accommodate the deeper dredge depths." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Gahagan & Bryant Associates, Inc. and can be contacted at (310) 521 -8127. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to the Engineer 48 -hours in advance of any work. In addition, the filing of a Corner SP2 of 9 Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the Engineer a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the 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- 3.2.3(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 the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special SP3 of 9 Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3432. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The time of completion for this project is dictated, in part, by the schedule set forth by the POLB for placing fill within the Middle SP4 of 9 Harbor Fill Site. The required schedule during which sediment placement is allowed is described in the MOA between the POLB and the City. Refer to Technical Specifications Section 02300, Subsection 1.04, for a description of the required Time of Completion for this project and its component elements. If the Contractor fails to complete any element of the Work within the specified timeframe, the City shall be entitled to liquidated damages as described in Section 6 -9. Furthermore, failure to complete dredging operations within the allotted timeframe may require the Contractor to use an alternative, upland disposal site to complete dredging and disposal operations; which, if required, shall be accomplished at no additional cost to the City. The Contractor is also subject to time limitations at individual slips and floating docks that are present around working areas. Refer to Technical Specifications Section 02350, Subsection 1.04, for a description of the required completion time for slips and floating docks. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th, or December 31st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th, November 11th, December 24th, December 25th, or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 6:30 PM Monday through Friday and 8:00 AM to 6:00 PM on Saturday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. SP5 of 9 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the dredging and disposal work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $20,000.00. Furthermore, the Contractor shall be responsible for penalty payments of $200 per day per slip (or, equivalently, per each 40 feet of side -tie length) for each day that a slip or side -tie length remains incomplete beyond 60 calendar days following the start of construction activity at that slip or side -tie length." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $20,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the dredging and disposal Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to meet the sediment disposal window at the POLB and 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 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718- 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power, and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." SP6 of 9 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual, which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: 'The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. SP7 of 9 Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours, and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." SP8 of 9 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. SP9 of 9 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a License Classification "A" — General Engineering Contractor License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT I:IIW7\91ri1:►k1 9 -3.1 General. Revise paragraph two 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." For delineation of the items of work that pertain to each bid item included within the Proposal, refer to "PART 4 — MEASUREMENT AND PAYMENT' included within the Technical Specifications of Sections 02300, 02350, 02891, and 05500. TECHNICAL .SPECIFICATIONS Prepared by Anchor QEA, L.P. 26300 La Alameda, Suite 240 Mission Viejo, California 92691 URS Corporation 5772 Bolsa Avenue, Suite 100 Huntin.-ton Beach, California 92649 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal PART 1 — GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Special Conditions, and Supplemental Conditions, apply to this work as specified in this section. 1.02 DESCRIPTION OF WORK This project entails dredging contaminated sediment from the Rhine Channel and nearby Newport Channel Properties in Lower Newport Bay, Newport Beach, California. Proposed dredged material was determined to be high in metals (mercury) and organics (polycyclic aromatic hydrocarbons [PAHs] and pesticides) and, therefore, will be removed to protect the biological resources and public beneficial uses of Lower Newport Bay. Required dredge depths within the Rhine Channel vary depending on location, ranging from -13 to -18 feet mean lower low water (MLLW). Dredge depths for the nearby Newport Channel Properties (Marina Park, American Legion, and 15th Street Pier) range from -6 to -13 feet MLLW. Dredge depths refer to the project area identified on the Contract Drawings. Approximately 92,500 in situ cubic yards (CY) of sediments, including up to 2 feet of allowable overdepth (1 foot paid and 1 foot unpaid), is estimated to be dredged. Sediments shall be mechanically dredged and loaded onto bottom -dump barges for transport to the POLB and disposed of within the Middle Harbor Fill Site. Transport and disposal of dredged material shall comply with all regulatory permits (Appendix A) and with all requirements of the Memorandum of Agreement (MOA) between the City of Newport Beach (City) and the POLB (Appendix B). One exception to the sediment disposal requirements is the Unsuitable Sediment Dredge Area (identified on the Contract Drawings). Sediment from this area shall be disposed of at an approved upland facility. All material within the dredge prism and above the required dredge elevation shall be removed and disposed of as indicated on the Contract Drawings, unless otherwise directed by the Engineer. It is the responsibility of the Contractor to ensure existing structures are not undennined by excessive overdredging. Man -made debris and any solid objects larger than 2 feet in dimension are considered debris, per this Contract, and shall be separated from dredged material. Debris shall not be disposed of at the Middle Harbor Fill Site and shall instead be transported to an approved Class III landfill facility. The Contractor shall use sill curtains at and around the point of dredging and shall implement additional best management practices (BMPs) as well as other operational controls and /or specialized equipment as may be appropriate and necessary to meet project water quality control requirements stipulated in project permits. BMPs may also be Rhine Channel Contaminated Sediment Cleanup 02300 -1 Fehruarr 201 / DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal required at the point of disposal in the Middle Harbor Fill Site, as detailed in regulatory permits and the MOA (Appendices A and B, respectively). The Contractor shall remove and replace specified guide piles to facilitate dredging operations and to ensure that floating marine facilities remain stable after the dredging work is completed. Guide pile removal and replacement shall be accompanied by temporary dock stabilization measures, as required to keep the dock in a stable condition until replacement piles have been successfully installed. Guide pile removal and replacement shall also include the removal and subsequent reinstallation of dock elements at and adjacent to the guide piles. The Contractor shall be responsible for furnishing all materials, labor, tools, equipment, supervision, and quality control (QC) procedures necessary to perform the work as specified. All work shall be conducted in strict compliance with all applicable permits, approvals, and agreements as well as the Contract Documents. 1.03 DEFINITIONS A. Allowable Overdepth is 2 feet below the required dredge elevation or grade within the specified dredge cut areas (the first foot of which is payable) and 1 foot below the required dredge grade for side slopes (which is not payable). B. Contract Documents consist of the Master Formal Contract; Supplemental Information; Proposal; Special Provisions; Contract Drawings; Technical Specifications and appendices (including all bulletins, addenda, or other modifications incorporated into the documents prior to their execution); regulatory permits as provided and as otherwise necessary; and any and all other relevant documents that are referenced within the bid package. C. Debris is any solid object other than sediment (such as logs, wire, cable, settle bands, anchors, lumber, and trash) that measures more than 2 feet in any dimension. Debris is not suitable for disposal at the Middle Harbor Fill Site and shall be separated from the dredged sediment and disposed of separately. D. Dredging Plant is all inter- related dredge equipment, scows, tugboats, barges, hoppers, and associated equipment needed to meet the requirements of the work. E. Engineer is the individual who is authorized by the City to act as the City's representative during construction. The Engineer is authorized to make judgments and decisions related to construction and design issues and will be acting as an agent of the City. F. Excessive Dredging is material dredged from outside the dredging horizontal limits and /or from below the allowable overdepth limits. Excessive dredging shall be strictly prohibited as required by regulatory pennits, as to not undermine the foundation of adjacent bulkheads and marine structures. Rhine Channel Comrtminated Sediment Cleanup 02300 -2 Fehruary 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal G. Nonpayable Allowable Overdepth is the lower 1 foot of allowable overdepth and will not be included in the pay volume. Allowable overdepth on side slopes is considered nonpayable allowable overdepth. H. Pay Volume is the calculated quantity of in situ dredged material that will be paid to the Contractor, including material dredged above the payable allowable overdepth line. I. Payable Allowable Overdepth is the upper I foot of allowable overdepth within the channel (not including side slopes). Sediment removed from within this limit will be considered payable and will be included in the pay volume. Required Dredge Elevation and Grade is the minimum elevation and grade (as measured below MLLW) that the Contractor is required to achieve within the dredge prism. K. Side Slope is the slope between the outer edge of the dredge cut at design depth (toe) and the intersect point at the Limit of Side Slope Dredging, as indicated on the Contract Drawings. Side slopes that are specified for the Rhine Channel portion of the project shall be dredged as shown. At the Newport Channel Properties dredge areas, dredging shall not occur on side slopes, as they are defined only for the purposes of payment if materials slough off of the side slopes and into the required dredge prism. L. Slough Material is the sediment on a side slope that sloughs into the dredge prism from the slope above, which results from making a vertical cut to grade along the toe of dredging. 1.04 CONSTRUCTION PERIOD The MOA between the City and the POLB (Appendix B) stipulates a time period for disposal of sediment in the Middle Harbor Fill Site. Dredging and sediment disposal operations, therefore, can commence no earlier than the start date stipulated in the MOA. All dredging and disposal operations as described in these Technical Specifications shall be completed before the end date stipulated in the MOA. Should the Contractor not complete and receive final acceptance of the specified dredging and disposal activities within this time limit, the City will be entitled to liquidated damages totaling $20,000 per day. Furthermore, failure to complete dredging operations within the allotted timeframe may require the Contractor to complete dredging and disposal operations using an alternative, upland disposal site; which, if required, shall be accomplished at no additional cost to the City. The Contractor will also need to remain mindful of the time period for returning private docks following dredging within the slips and associated removal and replacement of guide piles. Refer to Section 02350 for more details on timing requirements for work within individual slips. Rhine Channel Contaminated Sediment Cleanup 02300-3 Febi uarc 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal All other associated project requirements shall be completed by October 15, 2011. There will be no reward for early completion of the work. Refer to Section 6 -9 of the Special Provisions for further discussion of Liquidated Damages as they relate to the project. 1.05 WORK HOURS Dredging, placement of sediment into barges, and removal and installation of guide piles shall occur only during allowable construction hours, per the City's Noise Ordinance (Section 10.28.040), as described in Section 6 -7.4 of the Special Provisions. Work will occur between the hours of 7 AM and 6:30 PM on weekdays and between 8 AM and 6 PM on Saturday. There are no work hour restrictions on the transport of barges /scows from the project site to the disposal site in the POLB or on disposal of dredged sediment into the Middle Harbor Fill Site. No dredging is allowed on Sundays or federal holidays, although transport and disposal of previously dredged sediment may occur on Sundays. Refer to Section 6 -7.4 of the Special Provisions for further details on allowable working hours. 1.06 SITE CONDITIONS A bathymetric condition survey of the site was performed by Gahagan and Bryant Associates, Inc. (GBA), in June 2010. Results of this condition survey are presented on the Contract Drawings. The Contractor shall verify the quantity of sediment to be dredged, as indicated by the June 2010 condition survey, to its satisfaction before bid submittal. A. Character of Materials In June 2010, the City conducted exploration and sampling to detenine the character of materials to be removed. Subsurface logs and results of physical testing on selected samples are included in Appendix C. Sediments to be dredged appear to consist primarily of loose or soft silts and clays that are dark grey in color, underlain by medium dense beach -type sands. Prior to bid submittal, the Contractor shall review the provided sediment sampling data and interpret the data to determine sediment properties to its own satisfaction. If the Contractor's interpretation of sediment sampling data differs from the characterization provided in these Technical Specifications and appendices, the Contractor shall notify the Engineer of its interpretation as part of its bid. The explorations are representative of the subsurface conditions at their respective locations but may not be representative of conditions elsewhere within the project area. Variations in the type of material encountered may occur but are not expected to differ materially from those indicated in this Contract and, therefore, will not be considered as basis for claims due to differing site conditions. Rhine Channel Cunrnminarerl Sedin¢ru Cleanup 02300 -4 Fehrunrr 2011 DIVISION 2 —SITE WORK Section 02300 — Dredging and Disposal Hard material in its natural state is not anticipated to be encountered under this Contract. Hard material in its natural state is defined as material requiring blasting, including boulders or fragments too large to be removed in one piece by the dredge. If hard material is encountered, the Engineer shall be promptly notified (within 24 hours) and a determination will be made as to the material's disposition. B. Chemical Characteristics of Dredged Sediment Rhine Channel sediment samples were subjected to chemical testing in 2004. The locations of sediment samples and a tabulation of chemical test results are presented for the Contractor's reference in Appendix D. These data were used by the POLB in making its determination of the sediment's suitability for disposal at the Middle Harbor Fill Site. Based on the results of explorations and sampling conducted in 2004, the City has identified a localized instance of elevated lead concentration that renders a small section of the Rhine Channel (N 2171470.44, E 6051196.58) unsuitable for disposal in the Middle Harbor Fill Site. Because of heightened lead concentration in this isolated area, the I0- foot -by -l0 -foot area encompassing the location has been delineated from the rest of the dredging within the Rhine Channel and is termed the Unsuitable Sediment Dredge Area (see Contract Drawings). Material from within this defined area is not suitable for disposal at the Middle Harbor Fill Site and shall be disposed of in accordance with all applicable federal, state, and local regulations. The City does not anticipate hazardous materials to be encountered within the dredge prism. If, however, deposits of such material /waste are encountered, the Contractor shall immediately notify the Engineer to determine the course of action to be taken. If encountered, hazardous materials or waste —such as creosote piles, batteries, and polychlorinated biphenyls (PCBs) —shall be disposed of in accordance with applicable federal, state, and local regulations. C. Debris Because the Rhine Channel has a significant history of industrial use, there is a potential for debris to be encountered while dredging. To ascertain the prevalence of debris in the channel, a side -scan sonar survey was conducted by GBA in the fall of 2004. Results of the survey indicated 87 pieces of apparent debris detected (Appendix E). The exact size or nature of the debris is unknown. To further investigate the potential debris that may be located within the Rhine Channel dredge area, selected diver observations were conducted at the site on October 24, 2010. Divers visited several locations identified in the side -scan sonar survey (Appendix E). The divers reported that the majority of debris consisted of small (less than 12 inch by 12 inch) objects made up of concrete, wood, and metal. Rhim, Channel Conla ninarcd Seelimcru Cleamrp 02300 -5 Febraarn 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal The only notable debris encountered pertained to the area identified as `B" on the side -scan sonar, which consists of sunken dock floats comprised of 4- feet -by -8- feet hollow plastic floats that rise above the existing mudline approximately 6 to 8 inches. Debris shall be handled separately from dredged material and shall not be disposed of at the Middle Harbor Fill Site. Debris shall be separated from the sediment, dewatered as necessary, and salvaged by the Contractor or disposed of at an approved upland Class III landfill facility or other permitted off -site location if approved by the Engineer. The Contractor may use the Rhine Wharf Offloading Area for handling and loading of debris, provided that the offloading area is properly prepared and managed in accordance with the approved Solid Debris Management Plan, a stand -alone component of the Contractor's Dredging and Disposal Workplan ( Workplan) as outlined in Section 1.10.A. All encountered debris is incidental to the Contract, and all work and costs associated with segregating, offloading, handling, transporting; dewatering, and disposing of debris shall be factored into the bid price for Bid Item No. 2 "Dredging, Transport, and Disposal." D. Underground Utilities No existing underground utilities are known to be located within or near the dredge prism. If the Contractor has evidence or reason to believe that such utilities are in fact present near or within the dredge area, the Engineer shall be immediately notified, so a course of action (if any) can be determined. Similarly, if any utilities are encountered during dredging operations, the Contractor shall stop work at that location and immediately notify the Engineer. Work at the affected location will not resume until the Engineer indicates in writing that the Contractor may proceed. The Engineer shall also provide any special precautions required to protect such utilities. h1 such cases, the Contractor shall use extreme caution when dredging in the vicinity of any identified utilities and shall protect utilities throughout the construction process. it will be the Contractor's responsibility to repair, or cause to be repaired, any damage to buried utilities or pipelines caused by dredging operations. Existing Structures and Shorelines There are various existing structures within and immediately adjacent to the required dredge area. Structures include floating docks, guide piles, marine rails, shipways, sinker lifts and support structures, and miscellaneous marine structures. The perimeter of the Rhine Channel and the shoreline along portions of the Rhine Channel Cnmmoinmed Sediment Cleanup 02300-6 Febrwa y 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal Newport Channel Properties are comprised of a variety of shoreline treatments, primarily consisting of concrete -panel walls. Any structures that are to remain in place shall be dredged around in such a manner as to ensure no damage occurs to these structures. Extreme care shall be taken while dredging near bulkheads, shorelines, floating docks, and any other type of hardened shoreline protection (such as rock revetments), as to not damage or undermine these structures. Care shall be taken when dredging in the vicinity of Marina Park (Stations 29 +80 to 35 +80), as to not undermine or cause loss of the intertidal beach. The Contractor shall ensure that dredging operations (including side sloughing) do not cause disturbance above the -I- foot -MLLW contour at any time during the course of the project. The City will coordinate with property owners to relocate vessels, as needed, before dredging operations begin. Vessel relocations will be completed in phases, based on the Contractor's planned sequence of operations, such that no more than one -third of the Rhine Channel's length is cleared of vessels at any one time. Other marine structures (such as guide piles and gangways) will remain in place during project construction and shall be protected by the Contractor. The Contractor will be responsible for removing and replacing existing guide piles identified on the Contract Drawings and as specified in these Technical Specifications. The remainder of existing piles and structures will remain in place. 1.07 MISPLACED MATERIAL Should the Contractor, during the execution of the work, lose, dump, throw overboard, sink, or misplace any material, dredge, barge, machinery, or appliance, the Contractor shall promptly recover and remove such obstruction(s). The Contractor shall immediately give verbal notice, followed by written confirmation, to the Engineer of the description and location of such obstruction(s) and shall mark and buoy obstruction(s) until they are removed. Should the Contractor refuse, neglect, or delay compliance with this requirement, obstruction(s) may be removed by the City or its agents, and the cost of operations may be deducted from any money due to the Contractor or may be recovered from the Contractor's bond. The Contractor is advised that its liability for removing a wrecked or sunken vessel unrelated to its fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the Rivers and Harbors Act of 1899 (33 United States Code [USC) 410 et seq.). 1.08 INHERENT DELAYS The Contractor shall anticipate inherent delays while conducting dredging operations in the Rhine Channel and nearby Newport Channel Properties dredge areas. Similar delays shall also be anticipated during transport operations and disposal operations at the Middle Harbor Fill Site. Inherent delays include, but are not limited to, other commercial or Rhine Channel Contaminated Se<hment Cleanup 02300-7 Fehrunrr 20 /I DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal recreational vessel traffic, adverse weather delays (i.e., wind and fog), and work slowdowns or temporary shutdowns to comply with water quality criteria. The Contractor shall also anticipate that the POLB may, at various times, require delays to sediment placement within the Middle Harbor Fill Site, as part of its management and coordination of the fill site. The Contractor shall fully abide by these mandated delays in each instance and shall anticipate as many as 7 such days' worth of delays, for which no additional compensation nor extension of project timeline will be granted. 1.09 REGULATORY COMPLIANCE A. The City is applying for or has obtained the following permits and approvals: U.S. Army Corps of Engineers ( USACE) Individual Permit 2. California Coastal Commission Coastal Development Permit Regional Water Quality Control Board (RWQCB) 401 Water Quality Certification 4. MOA with the POLB for sediment disposal at the Middle Harbor Fill Site B. Permits and approvals received by the City prior to the time of bid are attached as Appendix A. The MOA with the POLB, either in final or draft form, is attached as Appendix B. The Contractor shall adhere to and conform to all requirements stated in these permits, approvals, and agreements. Any adjustments made by the Contractor to comply with these requirements will not be considered cause for additional compensation. C. Any pen-nits listed in Section 1.09.A but which are not contained in Appendix A shall be considered to be pending and expected to be issued in the near future. Once these permits have been obtained, the Contractor shall review permit conditions and assess if they are consistent with the executed Contract. If any newly received (i.e., post -bid) permit conditions are not consistent with the Contract Documents, the Contractor shall identify to the Engineer where new permit conditions conflict with Contract Documents. The Engineer will determine whether the Contractor has a valid claim to funds that may relate to changed items not originally included in the Contractors bid or subsequent contract. D. A Notice to Proceed (NTP) letter will be provided by the USACE in response to the Contractor's Workplan. The Contractor shall be responsible for ensuring that all dredging operations comply with the requirements of the NTP. The Engineer will request the NTP from the USACE, and the Contractor shall not proceed with dredging until the NTP has been received. E. Any apparent conflicts between these Technical Specifications and the requirements of issued permits, approvals, and agreements (Appendices A and B, Rhine Channel Contaminated Sedimew Cleanup 02300 -5 Fehruwy 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal respectively) shall be immediately brought to the attention of the Engineer. Nothing within the Contract Documents shall be construed as authorization to violate the requirements of any permit or regulatory authorization. F. The Contractor shall make all arrangements and pay all costs associated with meeting applicable permit and regulatory requirements. G. The Contractor shall obtain and submit any and all permits required for the work, above and beyond those already secured by the City. 1.10 SUBMITTALS The Contractor shall submit the following items during the course of the work: A. Pre - Construction Submittals (to be submitted within 14 calendar days after Notice of Award): All Contractor- Obtained Permits 2. Contractor Quality Control Plan a) Personnel, procedures, methods, instructions, records, and forms to be used to control the work and verify that the work conforms to the Contract Documents b) Description of the QC organization, including an organization chart showing the various QC team members along with their designated responsibilities and lines of authority C) Acknowledgement that the QC staff will conduct inspections for all aspects of the work specified and shall report to the QC supervisor or someone of higher authority in the Contractor's organization d) Names, qualifications, duties, responsibilities, and authorities of each person assigned a primary QC function e) Procedures for scheduling and managing submittals; including those of subcontractors, off -site fabricators, and material suppliers 3. Equipment Audit by Independent Contractor Prior to commencing construction, the Contractor shall hire an independent third -party inspector to conduct a pre-construction audit of the emissions systems for all construction equipment. This third -party inspector shall be acceptable to and approved by the City and the Engineer before the audit takes place. The audit shall include a verification that all meters on each piece of equipment are working properly and shall be in accordance will all Rhine Channel ConiumLimed Sediment Cleanup 02300-9 Fcbnwo. 2011 DIVISION 2 —SITE WORK Section 02300 — Dredging and Disposal requirements set forth by the South Coast Air Quality Management District (SCAQMD). Results of the audit shall be documented in a report prepared by the independent, third -party inspector and submitted to the Engineer. No dredging shall begin until this report is approved, in writing, by the Engineer. Contractor's Dredging and Disposal Workplan The Workplan shall be a written document detailing how the work will be accomplished in full conformance with these Technical Specifications. The Contractor shall ensure that the Workplan complies with all permit and regulatory requirements. After submitting the Workplan to the Engineer, the Contractor shall address the Engineer's comments, if any, and resubmit the Workplan within 3 business days of receipt of the Engineer's comments. If the Engineer approves of the Contractor's revisions, the Engineer will submit the Workplan to the USACE and request the NTP from the USACE. If the USACE deems the Workplan satisfactory, the USACE will issue a NTP letter to the City within 15 days of receiving the submittal. Once received, the Engineer will provide this letter to the Contractor. Approval of the Workplan must be received from the Engineer, and an NTP received from the USACE, before dredging can commence. The Contractor shall perform all dredging work in accordance with the Workplan, as approved by the Engineer and the USACE, and in compliance with all permits, approvals, and agreements. At a minimum, the Workplan shall contain the following: a) Equipment list and general operational procedures 1) Personnel list and organization chart, including at a minimum, superintendent, project engineer, health and safety officer, QC representative, and environmental compliance representative 2) A list of equipment to be used for perfonning dredging work, including sketches or diagrams of all floating equipment to be used in the project, including the geometry and dimensioning of the equipment. (Diagrams shall Provide access locations and details [sizes, locations, and quantities] of materials that could be environmental or personnel hazards in case of collision or capsize.) Rhine Channel Conlominaled Sedinienu Clenmp 02300 -10 February 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal 3) Name and telephone numbers for the Contractor's on -site representative, including cell phone number for 24 -hour contact with dredging operations superintendent 4) Order in which the work is to be performed, indicating the work sequence by stationing, regions, zones, and seasons 5) Number, types, and capacity of equipment to be used 6) The Contractor's proposed hours of operation 7) Methods of operation and time required to complete each activity b) Means and methods for dredging, transport, and disposal l) Methods, procedures, and equipment to be used for dredging sediments 2) Methods and procedures to be used for protecting existing structures from damage or undermining during dredging operations 3) Methods, procedures, and equipment to be used for transport and disposal of sediments at Middle Harbor Fill Site, such as a listing of data on each barge, including: o Name of barge(s) O Length, beam, and molded depth of each barge C Dredged material capacity of each barge a Plotted relationship between measured barge displacement and load (in tons), per each I foot of displacement between loaded and light drafts (Data shall be certified by a naval architect.) U Expected draft of barge loaded to capacity with dredged material 4) Methods, procedures, and equipment for preventing sediment loss and uncontrolled release of effluent from the haul barge 5) Incoming and outgoing scow/barge routes through Newport Harbor and to the Middle Harbor Fill Site Rhine Channel Coummlualed Sediment Cleanup 02300 -11 Febriuu-r 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal 6) Estimated scow/barge speed within Newport Harbor 7) Preventative measures planned to avoid conflicts with recreational boating, ferries, and other vessel traffic within Newport Harbor during scowfbarge transit 8) Methods and procedures to prevent damage to City facilities 9) Procedures and equipment for collecting and disposing of submerged and floating debris encountered during dredging operations 10) Methods, procedures, and equipment for cleanup and removal of the project staging area c) Methods and equipment for positioning and surveys I) Procedures and equipment for coordinating and performing daily bathymetric progress surveys 2) Procedures and equipment for layout of the work and positioning of dredging equipment 3) Procedures and equipment for real -time positioning, scow monitoring, and recording of the draft and location of dump barges at the Middle Harbor Fill Site 4) Procedures and equipment shall comply with the requirements of the USACE permit d) Solid Debris Management Plan The Contractor shall prepare a pull -out Solid Debris Management Plan that addresses the specific requirements of the USACE permit and includes the following: I) Procedures and equipment for collecting, screening and segregating, offloading; stockpiling, dewatering, and transporting of submerged and floating debris that are encountered during dredging operations 2) Location, preparation, management, and cleanup of debris offloading area (Rhine Wharf Offloading Area, Lower Castaways Staging Area, or other, subject to the Engineers approval) Rhine Channel Cntaminanrd Sediment Cleanup 02300 -12 February 2O1 1 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal 3) Methods, procedures, and equipment to be used for off -site transport of debris, including procedures for preventing release of water from the dredged material barge 4) Methods, procedures, and equipment to be used for any offloading of debris 5) Disposal location (i.e., name of upland landfill facility) for debris C) Safe Passage Plan The Contractor shall develop and submit a plan for approval detailing the means and methods in which it will provide safe passage for emergency vessels if needed during dredging operations. 5. Project Construction Schedule The Contractor shall submit a construction schedule that details the timeline of all construction- related activities. The construction schedule shall be presented in Gantt format, show interdependencies between tasks, and identify all major construction elements. The construction schedule will be used by City staff to coordinate necessary vessel relocation occurring within dredge areas, and therefore, the Contractor's adherence to the schedule is imperative. Any schedule changes occurring during construction shall be immediately brought to the attention of the Engineer. 6. Health and Safety Plan The Contractor shall prepare and submit a site - specific Contractor's Health and Safety Plan (HASP) detailing arrangements to provide for the health and safety of the Contractor's employees, the City's inspectors and representatives, and the public. The intent of the HASP is to reduce the exposure of workers and the public to chemical and physical hazards that could be encountered or present during project operations (as required in relevant regulations and statutes, including; but not limited to, those of the Occupational Safety and Health Administration [OSHA] and U.S. Coast Guard [USCG]). The Contractor shall ensure that its HASP is approved by a Certified Industrial Hygienist (CIH) and shall submit the CIH - approved HASP to the Engineer for review. The Engineer will review the HASP for general conformance with relevant regulations and statutes and with the Contract Documents. Rhine Channel Contaminator/ Sediment Cleanup 02300- 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal Environmental Protection and Monitoring Plan The Contractor shall prepare and submit an Environmental Protection and Monitoring Plan, which when finalized and approved by the Engineer shall be maintained at the site at all times during the work. At a minimum, this plan shall contain: a) A Water Quality Control Plan describing BMPs and operations used to prevent water quality exceedances as well as contingency actions taken to meet water quality criteria should water quality exceedances occur. The Contractor's Water Quality Control Plan shall meet the requirements of all pen-nits, approvals, and agreements (Appendices A and B, respectively). b) A Silt Curtain Deployment Plan per the requirements of the Section 401 Water Quality Certification or other permits. This plan shall: 1) Detail the type, size, and characteristics of silt curtains 2) Provide diagrams showing the planned layout of silt curtain deployment(s) throughout the dredging project 3) Provide a schedule for deployment, maintenance, and repositioning If water quality monitoring requirements are not met, then other devices and /or operational methods may also be required to be employed during dredging operations. Such devices and /or techniques shall be fully described in this submittal. C) A Spill Prevention Control and Countermeasures (SPCC) Plan that shall: 1) Identify construction - planning elements and recognize potential spill sources at the site 2) Outline responsive actions in the event of a spill or release and identify notification and reporting procedures 3) Outline Contractor management elements, such as personnel responsibilities, site security, site inspections, and training 4) Outline measures to be taken by the Contractor to prevent the release or spread of hazardous materials (either found on site or encountered during construction, including any that are not identified in the Contract Documents) or any hazardous materials that the Contractor stores, uses, or Rhine Channel Contaminated Sediniem Cleanup 02300 -14 February 2011 DIVISION 2— SITE WORK Section 02300 — Dredging and Disposal generates on the construction site during project operations, including, but are not limited to, gasoline, oils, and chemicals The Contractor shall maintain at the site the applicable equipment and material designated in the SPCC Plan. Hazardous materials are defined by the state of California per Code of Regulations Title 22, Division 4.5. d) A Stormwater Pollution Protection Plan (SWPPP) that details all measures undertaken by the Contractor to manage and prevent uncontrolled loss of sediment and particulate matter to stormwater and site runoff. The SWPPP shall include details on products, materials, deployment, inspection, and maintenance for all BMPs that are employed to protect stormwater and properly manage runoff from areas of upland use (including, but not necessarily restricted to, the Lower Castaways Staging Area, the Rhine Wharf Offloading Area, and any other staging or offloading areas that are proposed, subject to the Engineer's approval). e) Identification of the third -party independent inspector who will conduct the required audit of Contractor's emission systems 8. Sequence of work for dredging and guide pile removal and reinstallation, including potential subdivision of project area into individual segments Equipment, means, and methods to be employed for ensuring that floating docks remain stabilized after their guide piles are removed and before new guide piles are installed B. Construction Submittals Daily Construction Report The Contractor shall prepare a Daily Construction Report for each calendar day of dredging and /or demolition. Forms to be used shall be submitted to the Engineer for approval prior to use. Forms shall be filled out completely and legibly, including signatures, using black ink. Original forms shall be provided to the Engineer by noon on the day following the date shown on the form. Daily Construction Reports shall be completed for every calendar day and every dredge on site, even when equipment is not working, for each day of dredging. At a minimum, the Daily Construction Report shall include a record of. a) The dimensions of the area dredged that day b) The elevations of dredging Rhine Channel Contaminated Sediment Cleanup 02300 -15 Febmmy 201 / DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal C) The number of barges or scows filled that day d) An estimate of the total volume dredged e) The total tonnage of sediment dredged (measured by barge displacement) f) Hours of operation of all major equipment used during that day g) Hourly reading for each piece of metered equipment (per SCAQMD requirements) h) A summary of other significant details of the work Daily Log of Material Placed The Contractor shall keep a Daily Log of Material Placed at the Middle Harbor Fill Site. For each load of material deposited at the Middle Harbor Fill Site, the logs shall contain the following information: a) Disposal event (barge load) number b) Date C) Time at commencement and completion of disposal, recorded to the nearest minute d) Coordinates (northing and casting) of disposal, both at commencement and completion of each disposal event, using the approved horizontal positioning system or differential global positioning system (DGPS), or grid disposal number, if applicable e) Bearing of scow during disposal f) Depth of water in which disposal is made (in feet) g) Estimated quantity ofdisposal (in CY) and basis for estimate (by barge displacement markings or other means) h) Cumulative quantity disposed (in CY) i) Vessel identification J) Overall vessel size and capacity k) General weather conditions Rhine Charnel Conrrrminmed Sediment Cleanup 0 2300 -16 February 201/ DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal 1) Printouts of the real -time positioning and draft monitoring logs generated from the primary disposal tracking system, as described in the regulatory permits, as applicable Daily Progress Surveys Daily progress surveys shall be provided to the Engineer in both electronic data form (x, y, z point files) and as printed contour plots, with a contour interval no greater than 0.5 foot. Surveys shall be submitted with the Daily Construction Reports. 4. Weekly Reports The Contractor shall summarize the weeks work in a Weekly Report to be submitted to the Engineer the following Monday by noon. The Weekly Report shall identify work completed to date, anticipate work to be completed in the present week, and present the latest progress survey. Weekly reports shall include a sum total of equipment use and hours of operations for the week. Weekly Construction Schedule Updates The Contractor shall prepare weekly updates of its construction schedule that reflect the progress of the work. The updated scheduled shall be submitted each week to the Engineer at the weekly construction meeting. The construction schedules shall be presented in Gantt format and shall show interdependencies between tasks and identify all major construction elements. C. Post - Construction Submittals (to be submitted no more than 14 days following approved completion of the work): The Contractor shall submit a Closure Report to the Engineer, summarizing the following items: a) All Weekly Reports b) Contractor estimates of total volume dredged (in CY) C) Contractor estimates of total debris volume or tonnage d) Tabulation of barge disposal events e) Graphical depiction of areas dredged and Contractor's post- dredge condition survey (i.e., as -built conditions and bathymetry per the Contractor's progress surveys) Rhine Channel Comaminaied Sedimem Cleanup 02.300-17 rebruary 201/ DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal I) All data acquired by the disposal monitoring system required by the regulatory permits g) All water quality monitoring data 1.11 NOTIFICATIONS A. At least 2 weeks prior to the start of the work, the Contractor shall provide in writing to the Engineer and the USCG the following information, in accordance with the USACE permit: 1. Name and telephone number of the project manager 2. Size and on -site placement of all floating construction equipment 3. Location of temporary moorings used to stage idle floating construction equipment 4. Radio frequencies and call signs of all marine equipment 5. Work start and completion dates 6. Any additional information that maybe required per USCG regulations to allow publication of the Notice to Mariners B. The Contractor shall coordinate all vessel movements with the USCG and shall ensure that working vessel operators follow the Inland Rules of Navigation or the USCG Vessel Traffic Control Service. All vessels shall have the proper day shapes, navigation lights, and a marine band radio. C. The Contractor shall coordinate vessel movements into and out of Newport Bay with the Orange County Sheriff s Department, Harbor Patrol /Marine Operations Bureau (Newport Harbor), reachable by phone at (949) 723 -1002. D. The Contractor shall coordinate vessel movements into and out of the Long Beach Harbor with the City of Long Beach's Marine Safety Division Headquarters. Division Headquarters can be reached via phone at (562) 570 -1360 or reached on Channel 16 with call sign Long Beach Lifeguards. E. The Contractor shall coordinate vessel movements into and out of the Middle Harbor Fill Site with the POLB and /or its designated representative, as detailed in Section 3.14. 1.12 WEEKLY MEETINGS The Contractor and Construction Foreman /Supervisor shall attend weekly meetings with City personnel and the Engineer to review past work and to discuss the Contractor's Rhine Channel Conmminn(ed Sednnenr Cleanap 02300-18 Fehnmrp 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal schedule for upcoming work. The Contractor's surveyor shall be available to attend these meetings, as needed, to discuss daily progress surveys. PART 2 — PRODUCTS Not used. PART 3 — EXECUTION 3.01 QUALITY CONTROL The Contractor is solely responsible for QC on the project and shall follow its QC procedures and the methods in its approved Workplan. The Contractor shall not deviate from the approved Workplan without prior written permission from the Engineer. The sequence of operations shall be described in the Contractor's Workplan, which is subject to the approval of the Engineer. 3.03 DREDGING A. General Requirements The Contractor shall attend a pre - construction meeting for all project stakeholders and interested parties at least 2 weeks prior to receiving the NTP for dredging from the City. The required dredge elevations and extents for the various dredge areas are as noted on the Contract Drawings, based on the National Ocean Survey (NOS) MLLW datum. The Contractor shall excavate the dredge prism to the lines, grades, slopes, and elevations shown on the Contract Plans. The Contractor shall dredge only in areas where the pre - construction mudline is higher than the required dredge elevation. Dredging shall be accomplished using mechanical methods only (no hydraulic dredging permitted). All dredged material shall be disposed of in the specified and approved manner. All volumes shall be provided in situ quantities and do not include allowances for bulking or consolidation. Debris shall be handled separately from dredged material. Should debris be encountered that cannot be removed with reasonable means and methods, the Contractor shall remove all overlaying material as determined feasible by the Engineer. Rhine Channel Cleamp 01300 -19 Fehraarr -'0!l DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal Overdredge Allowance To cover inaccuracies in the dredging process, an allowable overdepth of 2 feet (first foot of which is payable) applies to dredging within the channel areas (excluding side slopes). The Contractor will be allowed to dredge within the limits of allowable overdepth solely for the purpose of achieving design depths. 2. Excessive Dredging and Potential Regulatory Fines Material dredged from below the allowable overdepth and from beyond the specified dredge limits will be considered excessive dredging. Excessive dredging is considered to not be in compliance with regulatory permits; thus, excessive dredging may result in fees and /or fines being imposed by regulatory agencies. In the event that such fees and /or fines are imposed, these fees shall be paid by the Contractor. Similarly, the MOA with the POLB (Appendix B) prescribes a limitation on total sediment volume, which shall not be exceeded as a result of the Contractor's excessive dredging. The City reserves the right to withhold all or a portion of the retention amount (defined by the Contract Documents) to cover any potential fees and /or tines for excessive dredging or for any other reason set forth under the Contract Docui vents. Regulatory approval of the completion of the project is not typically expected until approximately 3 months following the post- dredge survey. Regardless of the time required to obtain such approval, if the regulatory agencies indicate that extra fees or fines may be possible as a result of excessive dredging or any other cause, the City may continue to retain sufficient retention to cover all fees and fines levied by the regulatory agencies until theses fees are resolved and borne by the Contractor. Should the retention amount be insufficient to cover the fees and /or fines, and the Contractor refuses to pay the outstanding balance, the City reserves the right to declare the Contractor in default and seek the appropriate remedies under the Contractor's bonds. The City's release of retention or other payment to the Contractor shall not relieve the Contractor's surety fi-om its responsibility to pay any outstanding fees and /or fines imposed by the reviewing agencies. frothing herein is intended to relieve the Contractor from its other obligations under the Contract Documents, including, but not limited to, the payment of liquidated damages in the event of delay. 3. Excessive Dredging and Protection of Existing Structures Material dredged from below the allowable overdepth and fi-om outside of the specified dredge limits has the potential to compromise the structural integrity of marine structures (guide piles, seawalls, etc.) The Contractor is responsible for conducting dredging operations in a manner such that excessive dredging does not destabilize or undermine these structures. Any Rhine Channel Comandntued Sedunenr Cleanup 02300 -20 Fehrearp_'011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal failure or damage to existing structures will be the responsibility of the Contractor. 4. Dredging of Side Slopes within the Rhine Channel Side slopes along the boundaries of the Rhine Channel dredge areas shall be dredged as depicted on the Contract Drawings. The inclination of the slope, which is estimated at approximately 4 HorizontiaLl Vertical (4H:1 V), is defined by the Extent of Required Dredging, and the Limit of Side Slope Dredging, both depicted on the Contract Drawings with control provided. All sediment removed from above a plane defined by that inclination angle will be considered part of the pay volume. A tolerance of 1 foot above and below the resultant slope grade will be acceptable for side slope dredging. Material within 1 foot above the projected slope will not be paid but would be deemed acceptable by the Engineer and would not require redredging. Similarly, the Contractor may remove material to a depth of up to 1 foot below the projected final slope grade. This volume will NOT be payable overdepth, and no payment will be made for material removed from below the projected slope inclination. Any material removed by the Contractor from more than 1 foot below the projected side slope grades will be considered excessive dredging (subject to the conditions and issues described in Section 3.03.A.2) and will not be included as part of the payable dredge volume. No undercutting (i.e., excessive dredging) at toes of cuts will be allowed. The Contractor may dredge sediment at the bottom of the slope to promote sloughing of upslope material into the toe of cut but may not dredge below the allowable overdepth elevation. Material that has sloughed into the toe of cut shall be removed from within the required dredge prism to ensure that the dredge prism is below the required elevation at the time of project completion. Sloughing side slopes shall not be the basis for claims against the City. The projected slope inclinations are for measurement and payment purposes only and do not necessarily equal the angle of repose of the material. Material that assumes an angle of repose flatter than the specified side slope inclinations due to natural processes, and not the Contractor's actions, will not be considered excessive dredging. Rhine Chawwl Confaminaied Sediment Cleennip 02300 -21 Fehruan 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal 5. Dredging of Side Slopes within Newport Channel Properties Dredge Areas Dredging within the Newport Channel Properties dredge areas (Marina Park, American Legion, and 15th Street Pier) shall be limited to the horizontal extents shown on the Contract Drawings. Dredging side slopes along the perimeter of these dredge areas is not necessary and shall not be done unless approved in writing by the Engineer. Any material that sloughs into the required dredge prism during construction shall be removed by the Contractor as to ensure that the required depths are achieved within the dredging extents shown on the Contract Drawings. The payable quantity of sediment removed from side slopes shall be defined by a plane extending from the edge of the required dredge prism (at the required dredge depth) upward at an inclination of 3H:1 V. Sediment removed from above a plane defined by that inclination angle will be considered part of the pay volume. Note that the side slopes are indicated for measurement and payment purposes only and do not necessarily equal the angle of repose of the material. Any material removed by the Contractor below the indicated 3H:1 V slope in the side slope areas will be considered excessive dredging (subject to the conditions and issues described in Section 3.03.A.2) and will not be included as part of the payable dredge volume. Material that assumes an angle of repose flatter than the specified side slope inclinations due to natural processes, and not the Contractor's actions, will not be considered excessive dredging, although again this material will not be included in the payable dredge volume. No undercutting (i.e., excessive dredging) at toes of cuts will be allowed. The Contractor may dredge sediment at the bottom of the slope to promote sloughing of upslope material into the toe of cut but may not dredge below the allowable overdepth elevation. Material that has sloughed into the toe of cut shall be removed from within the required dredge prism to ensure that the area is below the required elevation at the time of project completion. Sloughing side slopes shall not be the basis for claims against the City. 6. Misplaced Material The Contractor shall take every precaution to avoid loss or escape of any dredged material, sediment, or debris back into the water column at any time during dredging. loading, and transporting. Any material that overflows from barges, dredge buckets, or other equipment and is redeposited within or around the dredge areas, at any point along the haul route to the final disposal location, or outside of the designated disposal location, shall be brought to the attention of the Engineer, and, if required Rhine Channel Cnnmminaled Sedimou Cluaimp 02300-22 February 10 1/ DIVISION 2 —SITE WORK Section 02300 — Dredging and Disposal by the Engineer, redredged and placed in the designated disposal area at the Contractor's expense. Shoaling The City, at its sole discretion, may require the Contractor to remove Contractor - created shoals that occur in areas within the dredge prism that did not originally require dredging (i.e., areas that were deeper than required dredge elevations prior to the start of work). Contractor- created shoals would include those caused by Contractor spillage or inadvertent loss of sediment during dredging operations. No payment will be made for removal of such shoaling. Shoaling that occurs due to slope sloughing will not be paid, because slope slough material is considered part of the originally specified dredge prism and, therefore, shall be removed. Additional Dredging (if required) Full removal of contaminated sediment from the prescribed dredge areas, as shown on the Contract Drawings, will be verified by the Engineer after dredging in each area has been completed to the extents and depths specified on the Contract Drawings (and as approved by the Engineer). Verification will be accomplished through a series of confirmatory samples collected from the remaining sediment surface. Sampling is intended to determine whether chemically impacted sediments have been adequately removed from the individual dredged areas. Based on this evaluation, the Engineer may require an additional dredging pass in selected areas of the site. Should additional dredging be required, the minimum thickness of additional dredging would be expected to be 1 to 3 feet in thickness, with 1 foot of payable overdepth. Additional dredging (if required) shall occur after the required dredging of contaminated sediment areas is completed and the depths and extents are approved by the Engineer. Should additional dredging be required, it will be payable at the unit contract bid price for Bid Item No. 4 "Additional Dredging, Transport, and Disposal (if required)." After additional dredging, if any, is completed to the Engineer's satisfaction, the Engineer may elect to perform another round of confirmatory sampling, subject to the same clauses and requirements as previously stated in this section. Additional dredging that may be required as a result of this additional sampling round will also be payable at the unit contract bid price for Bid Item No. 4 "Additional Dredging, "fransporl, and Disposal (if required)." Rhine Channel Contaminated Sedimem Cleanup 01300 -13 Februan, 1011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal The Contractor shall be prepared to allow for a time period of as much as 5 business days after completion of dredging in a given area for the Engineer to perform confirmatory sampling and complete the subsequent evaluation. The Contractor shall not consider these time periods to constitute a delay of work. The Engineer may also elect to require alternative management approaches for instances where chemically impacted sediments extend deeper or over greater areas than expected. Such management approaches could include obtaining clean sand material from other areas in or near the project site and placing the sandy material over the affected areas. Such work would be completed at the specific direction of the Engineer as a change order to this Contract. 9. Preparation of Floating Docks for Dredging Activity The dredge area extends below many existing floating docks within the Rhine Channel and at the Newport Channel Properties. In selected locations (depicted on the Contract Drawings), the Contractor shall remove existing guide piles prior to conducting dredging at the location and shall subsequently replace the guide pile with equivalently sized new piles, after the dredging is completed and approved by the Engineer. The Contractor may elect to removal all identified guide piles prior to starting any dredging or may divide the project site into segments and removal (and replace) guide piles on a segment -by- segment basis. The approach to the work shall be documented in the Workplan, subject to the Engineers approval. Indicated guide piles shall be removed in their entirety and disposed of by the Contractor at an approved location (not at the Middle Harbor Fill Site). If the guide pile breaks during removal; the Contractor shall make every reasonable attempt to remove the broken portion of the pile, as directed by the Engineer. Refer to Section 02050 for further details regarding guide pile removal. New guide piles shall be reinstalled at the location of the previously removed guide piles, after dredging of the immediate area is completed and approved by the Engineer. The Contractor shall complete the guide pile reinstallation and have the floating docks ready for use, within 60 calendar days following the start of construction work at that location. Refer to Section 02350 for further details regarding guide pile replacement and timing. Between the times that guide piles are removed and when they are ultimately replaced, the Contractor shall be responsible for ensuring that the floating dock(s) are sufficiently stabilized and protected, which can be accomplished via anchoring cables or other method to be developed by the Rhine Channel Cnnlnminaled Sediment Cleanup 02.100 -24 Fchraarp 201 l DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal Contractor subject to the Engineer's approval. Refer to Section 02050 for further details regarding temporarily securing floating dock elements. All activities associated with guide pile removal, replacement, and associated dock work, are covered by Sections 02050, 02350, 02391, 05500, 06310, and the Contract Drawings. 3.04 DEBRIS REMOVAL AND TRANSPORT Debris is defined as any solid object or material other than sediment (such as logs, wire, cable, settle bands, anchors, lumber, and trash) that measures more than 2 feet in measured dimension. The Contractor shall segregate debris from dredged material to the degree feasible. The method for segregating debris from dredged material shall be documented in the Workplan and approved by the Engineer. Debris segregated from dredged material shall be considered property of the Contractor and shall not be disposed of in any waters of the United States. The Lower Castaways Staging Area and /or the Rhine Wharf Offloading Area (identified on the Contract Drawings) may be used for the propose of offloading debris. Debris shall be disposed of at the location specified in the Workplan and approved by the Engineer. The cost for removal and disposal of such debris is incidental to the Contract and is considered part of the bid price for Bid Item No. 2 "Dredging, Transport, and Disposal." 3.05 EQUIPMENT A. The Contractor's equipment shall be of sufficient size and capacity to meet the production requirements of the project work and schedule. Equipment shall be maintained in safe and efficient working order at all times. B. Barges shall be maintained in safe and efficient working order. Doors and door operating equipment shall allow controlled operation. Doors shall close and latch to form a watertight seal. The Contractor shall submit certification from a marine surveyor that all barges and vessels are seaworthy. C. All floating equipment shall be kept in safe working condition. D. Dredge equipment will be required to meet current SCAQMD requirements. E. Prior to commencing dredging operations, the Contractor shall hire an independent, third -party inspector to conduct a pre - construction audit of the emissions systems and metering devices for all construction equipment. This audit shall be conducted by an independent, third -party inspector and shall be in accordance will all requirements set forth by SCAQMD. The results of the audit shall be documented in a report prepared by the independent, third -party inspector and then submitted to the Engineer. No dredging shall begin until this report is approved, in writing, by the Engineer. Rfrrire Channel Cnurnnrinored Sedir�umr Clcrrnup 023011 -15 February ?011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal F. If the Contractor proposes to use electric- powered equipment, the Contractor shall make all arrangements and pay all costs associated with installing and decommissioning electrical service for dredging operations. This cost shall be included in the Contractor's mobilization bid. G. The Contractor shall make all arrangements and pay all costs associated with meeting applicable regulations and permit requirements of regulatory agencies. H. Push tugboat/tenders and work/crew boats shall use Tier 3 main engines. Tugboats used to tow disposal barges to Middle Harbor Fill Site shall use Tier 2 main engines. All diesel - powered equipment shall be equipped with a meter to record hourly usage (not including worker vehicles, haul trucks, or delivery trucks). The hourly reading for each piece of equipment shall be recorded and provided with the Daily Construction Reports. J. Equipment use and hours of operations shall be recorded by the Contractor and verified on a weekly basis by an independent monitor. 3.06 CONTRACTOR STAGING AND OFFLOADING AREAS A. An upland staging area is available for the Contractor's use at the Lower Castaways Park site in Upper Newport Bay. This site, referred to as the Lower Castaways Staging Area, is identified and detailed on the Contract Drawings, and can be used for equipment storage and stockpiling, temporary Contractor facilities (including field offices and trailers), and stockpiling of debris or material dredged from the Unsuitable Sediment Dredge Area. If the Contractor wishes to gain approval to use a different location, that alternate location shall be identified in the Workplan and must be approved by the Engineer. B. A waterside offloading area near the head (north end) of the Rhine Channel, on a portion of the City's Rhine Wharf is available for the Contractor's use. This site, referred to as the Rhine Wharf Offloading Area, is identified on the Contract Drawings. This location can be used for offloading and haul -off of debris and material dredged from the Unsuitable Sediment Dredge Area, but no staging of contractor equipment or facilities will be permitted at this site. C. The Contractor shall protect all existing facilities from damage due to its operations and shall repair or replace such damage to the satisfaction of the Engineer. D. The Contractor shall Pence off, place signs, and secure the staging and offloading area(s) to prevent the public from entering work areas. Signage shall be clearly viewable and readable to public passers -by and shall clearly indicate that public entry to the controlled areas is prohibited for the duration of the areas' use. The Contractor shall inspect the integrity of the fencing and signage on a daily basis Rhine Channel Conanminaied Sediment Cleanup 02300 -26. Februw:y201 1 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal and make any necessary repairs. It is the responsibility of the Contractor to maintain site safety at all times within the work areas. E. Vehicle parking is expected to be limited to the Lower Castaways Staging Area. If the Contractor wishes to gain approval to use one or more alternative parking location(s), the alternate parking location(s) shall be submitted to the Engineer for approval. F. The Contractor shall cleanup and/or repair the staging and offloading areas and return them to their pre - construction conditions, to the satisfaction of the Engineer. G. Requirements for Debris and Sediment Offloading and Transport The Contractor shall abide by all storm water and runoff protection measures as described in its SWPPP, including contain all free flowing water that results from its operations. No water shall enter into the surrounding areas of the staging area or re -enter the waters of Lower Newport Bay either directly or via stormwater pipeline. Spill aprons, upland spill control barriers (such as curbing or k- rails), and other spill control measures shall be used when transferring material from barges to the offloading area. If a bucket is used to offload debris or dredged material from the barge, a dribble apron shall be used to catch and collect any material dropped during offloading operations. The swing path of the crane shall be maintained over and within the constructed spill control barriers during all material transfer activities. No material shall be allowed to re -enter site waters at the offloading facility; the Contractor shall continuously monitor for any spillage. Clean tarping of the truck loading area shall be provided, as necessary, to prevent tire contact with materials. Following loading of each truck, the truck and area immediately around the truck will be visually inspected for spilled material. Spilled material shall be immediately cleaned up. 4. Cleaning of tires (if necessary), including dry brushing and /or tire /wheel washing, is required before leaving the offloading site. Once the truck is cleared to leave the site (following inspection and cleaning, if applicable), the load shall be docurnented in a manifest that will be carried by the driver. Copies of all project records, including manifests and weigh tickets, will be maintained for the project file. The Contractor will provide copies of the manifest and documentation that loads were received by the landfill. 6. Trucks shall be watertight and coveted during transport to off =site disposal location(s). Trucks shall be loaded on disposable pads or tarps and Rhine Channel Caniaminared Smimem Cleanup 02.100 -27 Febr(imy 2011 DIVISION 2 — SITE WORK Section 02300— Dredging and Disposal underloaded to minimize loss during transport. Caution shall be exercised so that material does not leak out of the vehicles, slosh over the tops, or be blown off during transport from the offloading facility to the final disposal site. Routine visual inspections of the loading area and access routes shall be performed. Street sweeping using non - compressed air is required from the offloading area to the street. 3.07 MOORING OF CONTRACTOR VESSELS A. Available vessel mooring locations are present within Lower Newport Bay at the locations identified on the Contract Drawings. Vessel and Dredging Plant mooring shall be coordinated with the City Harbor Resources Division, and all requirements set forth by Harbor Resources shall be strictly followed. B. The Contractor may propose alternative mooring locations that better suit dredging operations; such alternative locations shall be submitted to the Engineer for approval. 3.03 ENVIRONMENTAL PROTECTION A. General Throughout dredging and transport operations, the Contractor shall ensure compliance with regulatory permit conditions related to turbidity, resuspended sediments, and other potential environmental impacts. Similarly, the Contractor shall prevent any leakage, spillage, overflow, or loss of dredged material or suspended solids back into the water column at any location other than the prescribed final disposal location. All stonnwater and runoff management requirements shall be met throughout the duration of the project, as documented in the Contractor's SWPPP and as required by Section 3.06 of these Technical Specifications. Equipment operators and all other project workers shall not harass any marine mammals, waterfowl, or fish encountered in the project area. B. Silt Curtains Floating silt curtains arc required to be installed in an arrangement that completely surrounds dredging activities and shall be maintained throughout all dredging operations. Silt curtains shall extend a minimum distance of 10 feet below the water surface and shall be floating, continuous, and fully interconnected at all ends throughout their entire length (such that no gaps are present in the curtain deployment). Silt curtains shall be installed and anchored in such a way as to Rhine Channel Conleaninated Sediment Cleanup 02300 -28 FeGrunn: 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal remain in place and functional (i.e., not damaged or separated) throughout the full range of tidal cycles. The floating silt curtain enclosure shall remain closed, continuous, and functional during all periods of dredging operations. If the silt curtain needs to be opened to allow passage of vessels, sufficient time needs to pass to allow suspended sediment to settle out within the curtain, based on a visual observation, before the curtain is opened to prevent a release of a plume with high turbidity. If the floating silt curtain tears, separates, becomes disconnected, or otherwise presents openings through which turbidity could possibly escape from the work area, the Contractor shall immediately repair the floating silt curtain(s), suspending all work activities until the silt curtain is repaired or replaced to the satisfaction of the Engineer. C. Potential Additional Measures for Controlling Water Quality The Contractor may elect to use other methods and /or equipment (e.g., environmental closed buckets) as necessary to comply with all permit and regulatory requirements. All means and methods required for controlling and maintaining water quality standards because of dredging shall be the responsibility of the Contractor. The Contractor shall provide all materials and equipment necessary to maintain water quality in accordance with the permits (Appendix A). Non - compliance of water quality criteria by the Contractor's operations may be grounds for stopping operations until changes are made to comply with permit requirements. All costs associated with maintaining water quality will be included in the unit price bid item for Bid Item No. 5 "Environmental Protection." The Contractor is responsible for selecting its method (or combination of methods) to ensure that water quality criteria are met throughout the execution of the work and that the work is in full compliance with permit and regulatory requirements. D. Limitations on Dredging, Transport, and Disposal Methods The following actions are prohibited: Stockpiling of sediment underwater 2. Leveling of the completed dredging surface by dragging a beam, bucket, or similar device, unless approved in writing by the Engineer Effluent release from the dredged material barge (All water must be contained during dredging and transport.) 4. Dredging from land -based equipment Rhine Channel Conmminnrad Sedimoit Cleanup 02300 -29 February 201 1 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal During dredging operations, no release of effluent water shall occur from the dredged material barge. Similarly, once the dredged material barge leaves the dredge prism for transport of material to the Middle Harbor Fill Site, all water must be fully contained without any release of effluent water. The vessel that contains and transports the sediment shall be watertight and equipped with watertight sideboards at all times. The scuppers shall be sealed so that no free water or sediment is discharged back into the receiving water. No overtopping of sideboards will be allowed during barge filling or transport operations. E. Water Quality Monitoring The City will perform water quality monitoring during dredging to confirm that operations are meeting water quality requirements, as set forth in all permits, approvals, and agreements. Meanwhile, the Contractor shall visually monitor its in -water operations for the presence of visible turbidity and shall bring any noted turbidity to the immediate attention of the Engineer. F. Response to Water Quality Exceedances If water quality criteria are exceeded during dredging and /or disposal operations, the Contractor shall immediately take appropriate measures to reduce turbidity to an acceptable level, at no additional cost to the City. Some contingency measures that may be employed by the Contractor to comply with water quality criteria area as follows: 1. In addition to the floating silt curtains that are required for the work, the Contractor may deploy additional floating silt curtains around dredging operations. 2. The Contractor may pause the bucket at the water surface after its ascent through the water column to minimize turbidity by allowing free water to drain from the bucket prior to swinging the bucket to the barge. 3. The rate of ascent and decent of the bucket may be slowed to reduce potential sediment loss. 4. The Contractor may attempt to use an enclosed bucket (i.e., environmental closed bucket) if it is determined that an enclosed bucket can be feasibly and effectively used for the site and sediment conditions. 5. A containment boom may be placed around the perimeter of the project area during dredging if tloatable debris or sheen occurs because of the work. Rhine Channel Commndnared Sediment Ocaimp 02300 -30 February, 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal G. Control of Pollutants Other than Sediment All pollutants (other than sediment) that occur on site during construction shall be handled and disposed of in a manner that does not contaminate surface water. The Contractor shall avoid and prevent fuel spills and leaks. Fueling of marine vessels and equipment is prohibited in the Rhine Channel and the Lower Newport Bay. Absorbent oil pads and drip pans shall be placed beneath any land -based vehicles being 'fueled (if any) and under parked vehicles (overnight and otherwise). Absorbent materials, shovels, and 5- gallon buckets shall be provided and maintained for spill cleanup. No vehicle maintenance other than emergency repair shall be performed at the site nor are engine fluids to be stored at the site. Spill protection material shall be in place prior to performing emergency repairs. 4. In the event of a spill on land or in water, work shall be immediately stopped and the source of the spill controlled. Steps shall be taken to contain the spilled material and appropriate notifications made, followed by cleanup. In the event of a spill, the Contractor shall notify the City Fire Department, the Engineer, the Harbor Resources Manager (Chris Miller, [9491644-3043), Harbor Patrol ([949] 723- 1002), and any other agencies requiring notification, including, but not limited to, the USCG, depending on the size of the spill. In addition, the Contractor shall adhere to all applicable federal, state, and local rules and regulations pertaining to reporting and responding to a spill. 5. Any sheen due to leakage or spills from equipment, sediment, or debris shall be contained by a boom and cleaned up with oil absorbent materials. 6. The Contractor shall have oil containment equipment that will be kept on site at all times during dredging operations. Oil containment equipment shall include oil booms stockpiled adjacent to the ongoing dredging operations that are available for immediate deployment for containment of oil or hydrocarbon materials. if necessary, oil shall be cleaned up per the Environmental Protection and Monitoring Plan. If multiple dredging operations are being performed at the same time, multiple containment booms are required. Upon any indications of hydrocarbons occurring from dredging operations, the Contractor shall immediately deploy oil booms, immediately contact the Engineer, and monitor to ensure the oil boom containment is effective in containing any sheen. If it is determined by the Engineer that the oil boom is not effective in containing the sheen, the Contractor shall suspend Rhine Channel Cbmnminmed Sediment Cleamrp 02300 -31 Fe Grunnr 201 / DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal operations and fix the cause of the hydrocarbon release. Oil booms shall be capable of quick disconnection of boom sections for access as well as quick latches for towing and tie off. 3.09 SPUDS The Contractor shall use spuds to control the position of its equipment. Anchors, chains, lines, cables, and similar equipment are not permitted as they have the potential to interfere or cause harm to passing vessel traffic and existing structures. 3.10 LIGHTS AND BUOYS A. Throughout dredging operations, lights and day shapes shall be maintained upon floating plants, equipment, buoys, and moorings in locations that could endanger or obstruct navigation. Lights; day shapes, and buoys shall be in accordance with USCG regulations. B. The Contractor shall be responsible for damages resulting from any failure or neglect to comply with these requirements and shall pay all costs associated with non - compliance to the extent that there shall be no cost to the City. C. The Contractor shall maintain, from sunset to sunrise, such lights on or above the Dredging Plant or construction activity as, in the opinion of the Engineer, are necessary for observance of the Contractor's operations. D. The Contractor shall set and remove upon conclusion of work all aids to navigation required for this Contract. E. The Contractor shall furnish to the Engineer, and upon regulatory agency request, a sketch showing the location of lights, buoys, and other marking devices being used during the project. The Contractor shall update this sketch as often as required to reflect actual conditions. 3.11 HORIZONTAL AND VERTICAL CONTROL A. Horizontal and Vertical Controls The Contractor shall establish an accurate method of horizontal and vertical control before dredging begins. The Contractor shall furnish, set, and maintain in good order all necessary ranges, buoys, and other markers in addition electronic positioning equipment needed to define the work and to facilitate inspection. 1 The proposed method and maintenance of the horizontal and vertical control system shall be described in the Workplan and shall be subject tc the approval of the Engineer. If, at any time, the method fails to provide accurate location for dredging operations, the Contractor shall notify the Rhine Channel Cuaaninaed Sediment Cleanup 02300 -31 February 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal Engineer of the failure, and the Contractor may be required to suspend dredging operations until such time that horizontal and vertical control is re- established to the satisfaction of the Engineer. Suspension of work due to failure of horizontal and vertical control methods will occur at the Contractor's own expense and with no additional cost to the City. 3. The Contractor shall lay out the work from horizontal and vertical control points indicated on the Contract Drawings and shall be responsible for all measurements taken from these points. The Contractor shall furnish all stakes, templates, platforms, equipment, range markers, transponder stations, and labor as may be required to lay out the work from the control points shown on the Contract Drawings. 4. It shall be the responsibility of the Contractor to maintain all points established for the work until authorized to remove them. If such points are destroyed by the Contractor or disturbed through its negligence prior to an authorized removal, they shall be replaced by the Contractor at its own expense. 3.12 POSITIONING EQUIPMENT AND METHODS During dredging and disposal, the Contractor shall adhere to all permit and NTP requirements relating to the use of electronic monitoring equipment. Any submittals or data required shall be submitted to the Engineer, as indicated in the regulatory permits or per the NTP. The Contractor shall employ a suitable electronic, real -time method to locate and control horizontal position of dredging. Equipment may include DGPS, range -range electronic positioning system, or range - azimuth electronic positioning system. The positioning system shall have the capability of providing the required level of accuracy for horizontal and vertical control for dredging and surveying operations. The positioning and survey system shall use California State Plane, Zone 5, North American Datum (NAD) 83 feet. All positioning data shall be continuously recorded and tracked electronically in a format that can be readily used to provide documentation. Horizontal accuracy of the dredge position shall be within plus or minus 3 feet. The Contractor shall install and maintain instrumentation to measure and display the depth of buckets during excavation, including a sensor on the dredge head or crane. The Contractor shall install a display system capable of displaying to the operator in real -time the position either in cross section or in plan view of the location of the dredge and the position of the bucket /dredge head relative to the required dredge depth and dredge prism. An acceptable system is to use DGPS tied into a real -time kinematic (RTK) positioning system. Other real -time positioning systems may be acceptable and will require approval by the Engineer. Rhine Channel Contnminnied &diment Cleamip 02300-33 rehruary 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal 3.13 CONTRACTOR SURVEYS A. Survey Equipment and Requirements Surveys shall be conducted using a survey -grade depth sounder and electronic distance - measuring device with a frequency of 200 kilohertz (KHz) or other frequency if approved by the Engineer. Bed elevations, converted to the NOS referenced MLLW daturn, shall be determined using depth soundings and tide gauge readings for each trackline. Water level and other corrections shall be applied and corrected depth shown on the survey sounding sheets. Accuracy for measured depths shall be plus or minus 0.25 feet; accuracy of horizontal position shall be plus or minus 3 feet the 95 percent confidence interval. The top return of the survey signal trace shall be the point of interpretation of the soundings. Surveys shall be converted to bottom elevation with respect to NOS MLLW and plotted to the nearest 0.5 foot. 4. Complete survey drawings and back -up survey data files shall be submitted to the Engineer electronically after each survey, in both Adobe Acrobat and AutoCAD format (or approved equivalent). Electronic drawings shall be prepared at a clearly delineated scale. Cross - section plots shall be prepared with an x -axis scale (units per inch) as an integer multiple of 10 and a y -axis scale as an integer multiple of five. Sounding and survey lines shall extend a minimum of 50 feet beyond the project catch points or as otherwise approved by the Engineer. The interval between soundings on each trackline shall not exceed 5 feet, and the interval between survey lines shall not exceed 25 feet. Survey results may be used to adjust dredging procedures to ensure that the configuration of the dredging prism conforms to the Contract Drawings and permit requirements. The Engineer may direct the Contractor to adjust dredging procedures to ensure compliance with the Contract Drawings and permit requirements, at no additional expense to the City. The Contractor shall furnish, set, and maintain in good order all ranges, buoys, and other markers necessary to define the work area and to facilitate inspection. The Contractor shall establish and maintain a tide gauge or board in a location where it may be clearly seen during dredging operations and inspections. The Contractor may also install an automatic recording tide gauge with a water -level sensor. The tide gauge shall provide a continuous Rhine Charnel Contaminated Sediment Cleanup 02300-34 February 201 l DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal recording of tidal change for every 15-minute interval or each 0.1 -foot change, whichever occurs first. Tidal changes shall be recorded in NOS referenced MLLW datum, with these changes visually provided to the dredge operator at all times during the dredging process to allow for the proper adjustment of dredge depth. All costs for providing the tide gauges and other survey controls shall be included in Bid Item No. 2 "Dredging, Transport, and Disposal.' B. Pre - Dredge Survey The City will perform a pre- dredge survey after bid opening but prior to NTP. This pre- dredge survey will be provided to the Contractor and will be the basis for payment quantities. C. Progress Surveys The Contractor shall provide to the Engineer daily bathymetric surveys of the previous day's work, at no greater than 25 -foot trackline intervals. For each progress survey, the Contractor shall compute quantities to the nearest CY based on the progress sounding lines surveyed, pre - dredge survey, and dredging section indicated on the Contract Drawings. "Tabular summaries shall be submitted to show required elevation, allowable overdepth, and total dredging quantities both incremental and cumulative per 50 -foot stations or less of the channel length involved. The results of each progress survey shall be submitted to the Engineer within 24 hours of that progress surveys completion. Plan and cross- section plots and quantity calculations from each progress survey shall be submitted to the Engineer on a weekly basis. A surveyor's stamp is not required for progress surveys. D. Final Post- Dredge Survey The Contractor shall notify the Engineer at least 5 business days prior to the anticipated completion of dredging and request that the City conduct a final post - dredge survey once dredging is complete. The City will conduct the final post - dredge survey to determine whether dredging has been satisfactorily completed and to determine payment quantities. If all required dredging has not been satisfactorily completed, as determined by the Engineer, the Contractor shall dredge the high spots' indicated in the survey and these area(s) will be rechecked by the Engineer. in this event, the cost for the City to resurvey will be deducted from the Contractors payment. Rhine Channel Cleanup 02300-35 Fehnimy 2011 DIVISION 2 — SITE WORK Section 02300 —Dredging and Disposal The post- dredge survey will be used as the basis for determining final pay volumes and acceptance of the work. Final pay volumes will be calculated by the Engineer using the AutoCAD TIN method, which will generate surfaces and compute pay volumes to the nearest CY. Upon request, the Contractor will be provided a copy of the bathymetric soundings and quantity calculations. The City's surveys will be the only surveys used for determining acceptance of the work and determining dredge volumes for payment. 3.14 TRANSPORTATION AND DISPOSAL OF SEDIMENTS A. Sediment Transportation Through Newport Harbor All scows must be pushed from the project site or alternate contractor mooring areas to Corona del Mar bend when bound for the Middle Harbor Fill Site. Similarly, all scows must be pushed from the Corona del Mar bend to the project site or alternate moorings areas when returning from the Middle Harbor Fill Site. Changing from pushing to towing configuration (or vice versa) shall occur at the Corona del Mar bend. Lookout personnel with communications equipment (marine radio) shall be in position on the scows, tugs, and /or auxiliary vessel(s) to warn boaters to avoid the scows while transiting Newport Harbor. B. Sediment Disposal at Middle Harbor Fill Site Sediment shall be loaded onto bottom -dump barges and transported to the Middle Harbor Fill Site. Dredged material shall be deposited within the disposal limits of the areas indicated in the MOA and any attachments (Appendix B). The Contractor's disposal activities shall comply with all permit, approvals, and agreements (Appendices A and B, respectively). Any dredged material that is deposited other than in the area indicated on the Contract Drawings, or as approved by the Engineer, will not be included in the measurement for payment, and the Contractor may be required to remove such misplaced material and deposit it where directed at its own expense. Trash and debris encountered shall become the property of the Contractor and shall be removed from the site per the methods identified in Section 3.04. Disposal of dredged material at the Middle Harbor Fill Site is governed by the conditions set forth in the MOA (Appendix 13), including, but not limited to, requirements for prevention of leakage, positioning of the vessel within the authorized disposal area, and use of a continuous real -time disposal tracking system. Refer to the MOA for all requirements. The barge dump event shall be considered to start at the moment of bottom -dump or split -hull opening. The end of the dump event shall be the time when all material has exited the barge. Rhine Channel Coruanin led Sedimon Cleanup 02300 -36 Fehroag 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal No material shall be dumped unless approved positioning equipment is operational. Overflow will not be permitted from haul barges. Haul barges must have tightly sealing doors and compartments to minimize leakage of material during transit. Any barge that exhibits more than minor leakage shall be removed from operations until satisfactory repairs are made. C. Coordination with the POLB The POLB can be contacted at several locations: Planning Division, Matt Aims at (562) 590 -4160; Program Management, Tom Baldwin at (562) 901 -1755: and Terminal Services, Yvonne Allen at (562) 254 - 8188. 2. The Contractor shall coordinate placement of dredged material with the tenant shipping schedules (i.e., Long Beach Container Tenninal and California United Terminals) and shall not impact their operations. The Long Beach Container Terminal point of contact is Anthony Otto, reachable at (562) 983 -2201. The California United Teninals point of contact is George Lang, reachable at (562) 499 -2404. D. Water Quality Considerations during Disposal It is anticipated that fill activities will generate sediment (turbidity) plumes that may flow toward the East Basin. The Contractor shall employ sufficient BMPs as required by the regulatory agencies and in accordance with all requirements set forth in the MOA (Appendix B) as needed to prevent fill generated turbidity plumes that are visible in surface waters at distances greater than 1,000 feet from the designated dredged material placement area. 3.15 PREVENTION OF INTERFERENCE WITH NAVIGATION A. The project site in Lower Newport Bay, the disposal site within the POLB, and the transport route between the two are areas of active recreational and commercial activity that experience daily navigation use by powerboats, sail boats, catamarans with water -jet engines, wind surfers, and other human- powered vessels. The Contractor shall be alert to the presence of recreational and commercial traffic in the area and, when possible, shall provide for safe navigation around its operations. B. The Contractor shall be prepared to allow for emergency access for waterborne vessels whenever needed and shall allow for passage of harbor patrol vessels at all times as needed. C. The Contractor shall maintain communications on active marine channel at all times. D. The presence of commercial and recreational traffic shall not be considered justification for any delay claims. Rhine Channel Contaminated Sedimem Cleanap 02300 -37 Fehrunrr 2011 DIVISION 2 – SITE WORK Section 02300 – Dredging and Disposal 3.16 POST - CONSTRUCTION SITE CLEANUP Upon completion of the work, and its final acceptance by the Engineer, the Contractor shall promptly remove the Dredging Plant and associated equipment, including ranges, buoys, piles, and other markers or obstructions placed by the Contractor in water or on shore. The Contractor shall cleanup any staging areas and return them to pre- construction conditions. 3.17 FINAL INSPECTION The Contractor shall notify the Engineer at least 5 business days prior to the anticipated completion of dredging. The Engineer will initiate the post- dredge survey once the Contractor notifies the Engineer that dredging is complete. Should the work be determined to be incomplete, the Contractor shall immediately perform such additional work as may be necessary to satisfactorily complete the project, as detenmined by the Engineer. The cost to the City for resurveying to verify completion of the work after the initial post - dredge survey shall be deducted from payments due to the Contractor. If the Engineer's analysis of the site indicates that the Contractor has left the site in satisfactory condition —that design grades have been achieved; that no existing utilities, structures; or slope has been damaged during construction operations; that all temporary structures have been removed; and that the staging site is in satisfactory condition —the work will be accepted as complete. PART 4 – MEASUREMENT AND PAYMENT 4.01 MOBILIZATION AND DEMOBILIZATION Payment for "Mobilization and Demobilization" will be made at the Contract lump sum price for Bid Item No. 1 "Mobilization and Demobilization." This price and payment shall be the full compensation for moving all dredge plant, labor, materials, and equipment to the site to perform dredging, preparing equipment for work, and removing it from the site upon completion of the work. Mobilization and demobilization shall consist of all preparatory work and operations, including, but not limited to, that necessary for the movement of personnel, equipment, supplies, and incidentals to the site; for the establishment of staging and offloading area(s); for the preparation and installation of all offices, temporary buildings, and other facilities necessary for work on the project; for the preparation for dredging and positioning controls; and for all other work and operations that must be performed (or costs incurred) prior to beginning work on the various Contract items at the site. Mobilization shall consist of pre - construction expenses and costs for preparatory work and operations performed by the Contractor, which occurs before 10 percent of the Awarded Contract Price is earned from other bid items. Rhine Charnel Coniandnated Sedimeu C/ennup 01300 -35 Fehramy ?01/ DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal Demobilization shall consist of all work required to prepare the Dredging Plant and equipment for removal from the site and removing all plant, equipment, labor, and unused supplies and incidentals from the site at the completion of the work, including any land -based staging area used in the prosecution of the work and cleanup of all facilities to pre - project conditions. Demobilization shall consist of post - construction expenses and work that occurs after 95 percent of the Awarded Contract Price is earned. Items not to be included in the item of "Mobilization and Demobilization" are: Any portion of the work covered by a specific bid item or incidental work that is to be included on a bid item or items 0 Profit, interest on bond money, overhead, or management costs Partial payments will be made as follows: o When 10 percent of the Awarded Contract Price is earned, excluding mobilization and amounts paid for materials on hand, 60 percent of the amount bid for "Mobilization and Demobilization" will be paid. When 95 percent of the Awarded Contract Price is earned from other bid items, excluding mobilization and amounts paid for materials on hand, the remaining amount bid for "Mobilization and Demobilization" will be paid. 4.02 DREDGING, TRANSPORT, AND DISPOSAL The total amount of sediment removed will be measured by the in situ CY, which is determined by computing the volume between the bottom surface shown by the soundings of the pre - dredge survey and the bottom surface shown by the soundings of the post - dredge survey using the AutoCAD TIN method. The final pay volume will be calculated by taking the total amount of sediment removed, minus sediment volume removed outside of the required dredge limits, and minus sediment volume removed below the payable overdepth elevation. Payment will be made at the Contract unit price for Bid Item No. 2 "Dredging, Transport, and Disposal." The price and payment, therefore, shall constitute full compensation for dredging, sediment transport, and disposal at the specified disposal site. The price and payment for "Dredging, Transport, and Disposal" also includes all surveying work, associated QC, record keeping, reporting and submittals, maintenance and other downtime, debris screening and removal, and all other incidental items required for dredging and disposal operations. No payment will be made for sediment removed outside of the required dredge limits or below the payable elevations and grades as indicated on the Contract Drawings, including nonpayable allowable overdepth and excessive dredging volumes. Rhine Channel Conunninated Sediment Cleanup 02300 -39 Fc'hrumy 2011 DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal All encountered debris is incidental to the Contract, and all work and costs associated with segregating, offloading, handling, transporting, dewatering, and disposing of debris shall be factored into the bid price for Bid Item No. 2 "Dredging, Transport, and Disposal." A volume deduct of 20.5 CY will be made from the final amount of sediment removed, to account for Bid Item No. 3 "Dredging, Transport, and Disposal for Unsuitable Sediment Dredge Area." The City reserves the right to modify the total volume of Bid Item No. 2 "Dredging, Transport, and Disposal" by as much as 30 percent above or below the quantity stated herein, without any change to the Contract bid price for this item. 4.03 DREDGING, TRANSPORT, AND DISPOSAL FOR UNSUITABLE SEDIMENT DREDGE AREA As depicted on the Contract Drawings, a 10- foot -by -10 -foot area located at the north end of the Rhine Channel is not suitable for disposal at the Middle Harbor Fill Site and must be disposed of at an approved upland location. The estimated volume, including l foot of overdepth, is 20.5 CY. Payment for the removal of the material within the designated 10- foot -by -]0 -foot area will be made at the Contract lump sum price for Bid Item No. 3 "Dredging, Transport, and Disposal for Unsuitable Sediment Dredge Area." The price and payment, therefore, shall constitute full compensation for dredging, sediment transport, and disposal at the approved disposal site location. The price and payment also includes all surveying work, associated QC, record keeping, reporting and submittals, maintenance and other downtime, debris screening and removal, and all other incidental items required for dredging and disposal operations. The volume of material contained within this isolated area (20.5 CY) will be subtracted from the overall dredge volume for the project, covered in Bid Item No. 2 "Dredging, Transport, and Disposal." 4.04 ADDITIONAL DREDGING, TRANSPORT, AND DISPOSAL (IF REQUIRED) Payment will be made for costs associated with additional dredging of sediments from areas identified by the Engineer as a result of conformational sampling results, including transporting and disposing of dredged material at the Middle Harbor Fill Site, and other operations incidental thereto, including hydrographic progress surveys, debris removal, positioning control, QC, and water quality control. Payment for additional dredging will be made at the Contract unit price for Bid Item No. 4 "Additional Dredging, Transport, and Disposal (if required)." The City reserves the right to modify the total volume of Bid Item No. 4 "Additional Dredging, Transport, and Disposal (if required)" as needed to meet the cleanup requirements of the project, without any change to the Contract bid price for this item. Rhine Chunne! Conlauiinnled Sediment Clemoq? 02300-40 Februar 201 l DIVISION 2 — SITE WORK Section 02300 — Dredging and Disposal 4.05 ENVIRONMENTAL PROTECTION Payment for envirommental protection will be made at the Contract unit price for Bid Item No. 5 "Environmental Protection." The price and payment shall constitute full compensation for all labor, materials, equipment, tools, and other related incidental items of work related to environmental protection, including furnishing, installing, maintaining, repairing, and removing silt curtains, oil booms, upland BMPs, and other equipment and measures necessary to maintain water and air quality at the site. The price and payment for environmental protection shall also include associated QC, reports, submittals, monitoring (by the Contractor), and all other incidental items required for maintaining water quality. 4.06 DREDGING, TRANSPORT, AND DISPOSAL— CHANNEL ROAD PROPERTY Payment will be made for costs associated with additional dredging of sediments from the property fronting Channel Road, as depicted on Sheet C5 of the Contract Drawings and identified as "Optional Bid Item No. 13," inclusive of the transportation and disposal of the sediments at the Middle Harbor Fill Site. The price and payment for Bid Item No. 13 shall include all operations incidental thereto, including, but not limited to, hydrographic progress surveys, debris removal, positioning control, QC, and water quality control. No payment will be made for sediment removed outside of the required dredge limits or below the payable elevations and grades as indicated on the Contract Drawings, including nonpayable allowable overdepth and excessive dredging volumes. This is an optional bid item and the City reserves the right to not proceed with this additional work. 4.07 FINAL PAYMENT Final payment will be subject to deductions or corrections of deductions already made on account of excessive dredging, dredging outside of authorized areas, material disposed of in an unauthorized manner, or damage to the City's existing structures or infrastructure. No payment will be made for dredging or placement outside the limits and elevations detailed in these Technical Specifications. Final acceptance of all or part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error. END OF SECTION Rhine Channel Comamiraied Sedimew Cleumgr 02 300 -41 Febrvum 201 l Division 2 — SITE WORK Section 02050 — Demolition PART 1 - GENERAL 1.01 WORK INCLUDED A. Demolition consists of furnishing transportation, labor, equipment, and incidentals necessary to demolish items as described in this Specification as well as items noted on the Drawings. B. All materials resulting from the demolition work unless specified otherwise shall become the property and responsibility of the Contractor for both demolition and disposal. C. The work includes, but is not strictly limited to: Demolition and disposal of identified guide piles. 2. Removal of associated guide rollers and guide roller framing around identified guide piles. 3. Removal of localized decking around identified guide piles. 1.02 REFERENCE STANDARDS A. Standard Specifications for Public Works Construction. B. State of California Division of Industrial Safety: Construction Safety Orders 2. General Industrial Safety Orders 1.03 SUBMITTALS The Contractor shall submit details of their pile demolition activities in a Guide Pile Demolition and Replacement Plan for the Engineer's review. This plan shall include, but may not be limited to, the following items. No work on guide pile demolition or replacement shall begin until the Engineer has approved the Guide Pile Demolition and Replacement Plan. A. Equipment to be used for guide pile removal. Q. Disposal location of removed guide piles. C. Methods of removal and staging. Rhine Channel Contaminated .Sediment Clemnip 02050 -1 Eebnmrp 2011 Division 2 — SITE WORK Section 02050 — Demolition D. Environmental measures planned to prevent contamination of groundwater, beach heads during transport of material, and /or the bay during the course of work. E. Protection of existing docks and seawalls. F. Means of temporarily securing floating docks after removal of one or more guide piles. G. Trucking, barging and disposal routes and sites. H. Anticipated governmental agency coordination and permits. PART 2- PRODUCTS Not Applicable. PART 3 - EXECUTION 3.01 GENERAL A. Dust resulting from demolition and removal work shall be controlled to prevent the spread of dust and to avoid creation of a nuisance in the surrounding area. B. The use of explosives of any kind is prohibited. C. Existing Materials to be Removed: No on -site sale of salvage will be allowed. No removals shall be made from the site by any person other than the Contractor or employees of the Contractor. The Contractor shall not interfere with the use of or access to adjacent facilities. The Contractor shall provide supports for existing structures that shall remain to prevent movement or damage to these structures and improvements during the demolition and pile installation process. The Contractor shall cease operation and notify the City and the Engineer immediately if the safety of any facility appears to be endangered. The Contractor shall not resume operations until safe conditions have been restored. Removal work shall be perfonned in accordance with applicable requirements of authorities havingjurisdiction and under the Engineer's Rhine Channel Coumminated Sedinnea Cleanup 020.50 -2 Fehruory 2011 Division 2 — SITE WORK Section 02050 — Demolition inspection. The Contractor shall have, at the work site, copies of applicable extracts of: Construction Safety Orders and General Industrial Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and other applicable laws, ordinances, and regulations. Burning of material on site shall not be permitted. D. Disposition of Material: Unless otherwise noted, all materials and equipment to be removed, except for equipment or material listed for salvage, shall become the property of the Contractor and shall be promptly removed from the property. Reuse of materials: If required, materials to be reused or relocated shall be carefully removed and stored to prevent damage, and reinstalled as the work progresses. The Contractor may stockpile and reuse existing excavated rockwork found on the site, if such material meets all specifications as may be noted in the Specifications as made part of these Construction Documents. 3.02 PROTECTION OF SLIPS, DOCKS, AND EXISTING UTILITIES A. Protection of Slips, Docks, and Existing Utilities During Demolition The Contractor shall protect all electrical and fire protection facilities and utilities where removal of existing materials is necessary to accomplish the work. The Contractor shall provide all necessary labor and material to build barricades and temporary services or connections for electrical and mechanical utilities. 2. The Contractor shall protect from damage existing utility lines that are made known to the Contractor prior to demolition work. The Contractor shall initiate a "USA Alert" survey to identify all existing utilities. The Contractor shall repair damaged utility lines caused by the Contractor as directed by the Engineer at no additional cost to the Engineer. 3. Where the publics safety is endangered in the area of removal work, barricades for traffic shall be used and advance notice shall be given to the Engineer prior to beginning any such work. 4. The Contractor shall protect and prevent damage to existing docks, berthed vessels, and facilities adjacent to the work area and project site. Vessels that may become damaged based on activities of the Contractor Rhine Chmviel Cnnunninaed Sediment Cleoimp 02050-3 Feb; uorn 2011 Division 2 — SITE WORK Section 02050 — Demolition must be immediately repaired. If necessary, the City may retain and /or re- allocate funds, due to the Contractor, for the purpose of repair of vessels that the Contractor has damaged. B. Protection of Floating Docks Following Demolition The Contractor shall secure floating docks after one or more guide piles have been removed from the dock(s). The means of securing the dock(s) shall be documented in their Guide Pile Demolition and Replacement Plan and shall be sufficient to protect the floating docks from damages from waves, wakes, and other forces inherent to their position. The temporary securing measures shall be sufficiently maintained throughout the period that the floating dock(s) remain without their missing guide pile(s). 3.03 CLEANUP Debris and rubbish shall be removed and transported in a manner that will prevent spillage onto existing streets or adjacent areas. All debris shall be removed off site at the Contractor's expense. All applicable federal, state, and local regulations regarding handling and disposal shall be strictly complied with. PART 4 — MEASUREMENT AND PAYMENT Payment for demolition activities associated with guide pile removal and replacement will be considered part of the Contract unit price for Bid Items No. 6, 7, 8, or 9 "Guide Pile Removal and Replacement," according to the diameter of the replacement guide pile (12, 14, 16, or 18 inches, respectively) and is described in detail in Section 02350. The price and payment shall constitute full compensation for preparing docks for removal of existing specified guide piles, including temporary removal of decking and guide rollers as necessary to accommodate the activity; and completely removing and disposing the existing guide piles. END OF SUCTION Rhine Charnel Contaminated Sediment Cleanup 020;11 -4 Februmv 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles Contractor in laying out the work. The Contractor shall maintain these points and locate all the lines and grades necessary from them. The Contractor is responsible for installing the piles to the required elevations. Immediately after completion of the driving of each day's piling, the Contractor shall survey the actual location of the pile head and shall also establish the location of the pile. E. The Contractor shall submit details of the following items for the Engineer's approval: A Pile Hammer Data Sheet. Certification of calibration of the pressure gauge used for measuring the air or steam pressure adjacent to the pile hammer. Type and model of cranes, type and length of leads, details of templates, if used, pumps and other equipment to be used during pile installation. 4. Manufacturer's specifications for the pile hammer and auxiliary equipment. Driving Records: The Contractor shall engage the services of independent quality control personnel to keep records of pile driving data and inspect piles prior to driving. The Engineer may engage other quality control personnel to observe the pile driving and inspect piles. Piles judged to be broken or otherwise unacceptable shall be removed from the site and disposed of at no cost to the Engineer. 6. Pile Location Drawing: Prepare a drawing giving an identification number to each pile location. Submit this drawing to the Engineer prior to pile driving. Use this drawing to record the identification number of the pile actually driven at each location and the date each pile was driven. P. Handling of Piles Particular care shall be exercised to avoid producing impact or shock stresses in the piles or sudden stress reversals while lifting or during subsequent handling. Piles may be removed From the casting beds when concrete has attained a compressive strength of more than 4,000 psi as determined by cylinder tests. Rhine Channel Comammuted Sedimem Cleunp 02350 -I6 February 201 1 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles Equalizer bars or slings, designed to suspend the piles at their designated pickup points in a manner calculated to limit deflection and damage to the pile, shall be provided on all lifting equipment. Chain slings around the piles shall not be used. Wire rope slings, tongs or other lifting apparatus shall be so designed as to minimize jerking of the slings or swinging. 4. Storage of piling shall be upon substantial and unyielding foundations. Sufficient blocking shall be provided and installed to ensure that stored or stacked members will be supported at the designated pickup points plus one intermediate row of supports between each pickup point. 6. Tiered members shall have their bearing points located one above the other. Tiering of piles more than four high or storage of materials or equipment upon the piles will not be permitted. 8. All members secured for shipping shall have adequate hold -down ropes or bands and shall be properly chocked to prevent movements and damage during transportation. All piles damaged and /or overstressed by improper handling shall be replaced by and at Contractor's expense. G. Installation of Piles Prestressed (precast) concrete piles shall not be driven at an age less than 21 days and until a test cylinder, made from the concrete pour for the piles involved and cured with the piles, shows a strength of at least the required values shown on the drawings for 28 day strength. 2. Precast prestressed concrete piles shall bejetted to within four (4) feet of the tip elevations. The pile shall be driven the remaining four (4) feet to the calculated tip elevations. 3. Each pile shall be marked at one -foot intervals for the purpose of recording the penetration resistance and depth of penetration of the pile. The marks shall be clearly visible. Provide additional marks at 0.1 -foot intervals at selected locations as requested by the Engineer. 1-1. Use special precautions when handling and driving piles to avoid damage to any facilities either existing or under construction. Tolerances and Driving Criteria Rhine Channel Conmminnwd Sediment Ccnmip 02350-17 Fehrunrr 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles Piles shall be driven with a variation of not more than 2.0 percent from the vertical. Pile tops shall not vary from the design horizontal control position shown on the drawings by more than 2 inches. After driving pile, no lateral force shall be applied to the piling by the Contractor except as approved in writing by the Engineer. 2. The piles shall be driven using fixed leads, unless otherwise approved by the Engineer. The leads shall hold the pile in its proper position during initial driving and be able to maintain axial alignment with the hammer at all times. Also, the leads shall be designed so as not to restrain the pile from rotating about its axis during driving. 3. Pile behavior during driving will be monitored and recorded by the Engineer. Provide the Engineer with a suitable means or device that will indicate the penetration of the pile from a reasonable and safe distance from the pile and driving leads. Allow the Engineer to have access to any pile driving or survey information in the Contractor's records. 4. The heads of all prestressed (precast) concrete piles shall be protected during driving by a helmet containing suitable thicknesses of capblock and cushion to prevent damage to the piles. Pile Extraction Damaged piles and out -of- tolerance piles that are rejected by the Engineer may be extracted by means of vibrating, pulling, and /or other methods acceptable to the Engineer. The use of external jetting to remove piles will not be permitted. The extracted piles shall be made available to the Engineer to inspect for damage. PART 4 - MEASUREMENT AND PAYMENT 4.01 GUIDE PILE REMOVAL AND REPLACEMENT (12 -, 14 -, 16 -, or 18 -inch Diameter) A. Payment for removal and replacement of guide piles will be made at the Contract unit price for Bid Item No. 6, 7; 8; or 9 "Guide Pile Removal and Replacement," according to the diameter of the replacement guide pile (12, 14, 16, or 18 inches, respectively). The price and payment shall constitute full compensation for preparing docks for removal of existing specified guide piles, including temporary removal of decking and guide rollers as necessary to accommodate the activity; completely removing and disposing the existing guide piles; fabricating, purchasing, and transporting to the site new replacement guide piles; installing the Rhine Chamiel Comaminoled Sediment Cleanup 02350-18 February Ml Division 2 — SITE WORK Section 02350 — Precast Concrete Piles new replacement guide piles; and reaffixing decking and guide rollers to accommodate the new guide piles. B. The price and payment for "Guide .Pile Removal and Replacement" also includes all surveying work, associated quality control, recordkeeping, reporting and submittals, maintenance and other downtime, and other incidental items required for the operations of guide pile removal and replacement, and associated dock preparation work. C. The Contract unit prices for "Guide Pile Removal and Replacement" shall NOT include replacement of faulty or insufficient guide rollers or guide roller framing, which, if necessary and authorized by the Engineer, shall be paid under separate bid items No. 10 and I 1 as described below. Nor shall the Contract unit prices for "Guide Pile Removal and Replacement" include any additional carpentry, modification, or repairs to dock framing, which, if necessary and authorized by the Engineer, shall be paid as Change Order work and charged against Bid Item No. 12 "Allowance for Dock Reconstruction." 4.02 REPLACE GUIDE ROLLERS A. Payment for replacement of guide rollers will be made at the Contract unit price for Bid Item No. 10 "Replace Guide Rollers (Set of Four)." The price and payment shall constitute full compensation for purchasing and installing new guide rollers in cases where previously existing guide rollers were judged to be insufficient for the replacement guide piles and their replacement specifically authorized by the Engineer. 4.03 REPLACE GUIDE ROLLER FRAMING A. Payment for replacement of guide roller framings will be made at the Contract unit price for Bid Item No. 11 "Replace Guide Roller Framing." The price and payment shall constitute full compensation for purchasing and installing new guide roller framing in cases where previously existing guide roller framings were judged to be insufficient for the replacement guide piles and their replacement is specifically authorized by the Engineer. 4.05 ALLOWANCE FOR DOCK RECONSTRUCTION A. It is anticipated that some minor carpentry, modification, or repairs to dock framing may be required on an individual case -by -case basis over the course of the pile removal and replacement portion of the project. lip deemed necessary by the Engineer, such additional dock reconstruction shall be paid as Change Order work and charged against Bid Item No. 12 "Allowance for Dock Reconstruction," provided that the work is done in a manner and only to [lie extent that is approved Rhine Channel Caivaminnied Sedimeni Cleanup 02350-19 February -'011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles by the Engineer. Any work that is not expressly approved, identified, or directed by the Engineer shall not be considered for payment. END OF SECTION Rhine Channel Comuninated Sediment Cleanup 023 i0 -20 Feb, uaro 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles PILE HAMMER DATA SHEET HAMMER TRIPPING RAM ANVIL CAPBLOCK PILE CAP CUSHION PILE Manufacturer Type: Rated Energy @ Explosive Force: (Air /stream hammers only) Location of Valves with Respect to Top of Cap Block in Inches Intake Cut -Off Ram Weight: Ram Cross Sectional Area (With diesel hammers) Material: Thick Model Serial No.: Length of Stroke Ram Length: (for diesel hammers) Anvil Weight: Area: Modulus of Elasticity - E (P.S.1) Coefficient of Restitution - e Helmet Bonnet- Weight: Anvil Block Drivehead Cushion Material: Thickness Modulus of Elasticity - E _ Coefficient of Restitution - e Type: _ Pile Size: Length (In Leads) - Diameter - Material: Design Pile Capacity: Area: (P.S.I) Weight/Ft: (Tons) Attachment I Rhine Chmmnel Contaminated Sediment Cleanup 02350-21 Fehrnarr 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles PART 1 - GENERAL 1.01 SUMMARY A. This section covers design criteria for the guide piles including design, manufacture, and installation. The proposed guide piles locations are indicated on the Drawings. The guide piles shall meet all pertinent requirements of these Performance Specifications. All material shall be compatible and intended for the salt -water environment. 1.02 EXPERIENCE A. All guide piles shall be furnished by a firm having a minimum of ten (10) years experience in the design, manufacturing, and installation of similar type units. 1.03 WORK INCLUDED A. Pile design is provided in the Construction Documents. B. The work includes furnishing and installing Precast Concrete Piles as shown on the Drawings. C. Manufacture of Precast Concrete Piles: Piles shall be internally jetted, solid precast units, cast monolithically and employing high - tensile steel wire reinforcing previously preloaded in a suitable pile casting bed. 2. Precast concrete piles shall be furnished by a fabricator with at least ten (10) years of experience in the manufacturing of precast piles. Each pile shall be stamped or marked with the date of its manufacture, length, and a sequential casting number. Lifting points shall be designated and marked as indicated on the reviewed Shop Drawings. Except as hereinafter specified, casting tolerances shall comply with requirements of Division 6, Section 6.4 of the "Manual for Quality Control for Plants and Production of Precast and Prestressed Concrete Products" published by the Prestressed Concrete Institute; Publication Number MNL -I 16. Section C6.4.1 which states that the "tolerances shown in Article 6.4 must be considered as guidelines for an acceptability range and not limits for rejection" shall not apply. Pile dimensions that exceed the prescribed tolerances will be cause for rejection as determined by the Engineer. When tolerances are exceeded, grinding, or patching will not be permitted. Rhine Channel Contaminated Sediweni Cleaonp 02350-1 February 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles 1.04 CONSTRUCTION SEQUENCE AND TIMING A. The Contractor shall work to reasonably minimize the time period that elapses between demolition of specified guide piles and their replacement with new guide piles (and the corresponding return of the affected floating docks to a usable condition). The Contractor shall be given 60 calendar days between the following events at any given slip: Start of construction work at the slip, defined as the point at which the Contractor begins work at a slip and its adjoining floating docks, to such degree that the slip is not reasonably usable by its owner or by corresponding private or public entities. 2. Completion of construction work at the slip, defined as the point at which dredging and guide pile replacement(s) are completed and approved by the Engineer at the subject slip and its adjoining floating docks, and the floating docks returned to a condition that is usable by the owner or by corresponding private or public entities. B. The Contractor will be responsible for penalties of $200 per day per slip (or, equivalently, per each 40 feet of side -tie length) for each day that the slip or side - tie length remains incomplete beyond 60 calendar clays following the start of constriction activity in that slip or side -tie length, as defined above. 1.05 REFERENCE STANDARDS A. Prestressed Concrete Institute (PCI) B. American Society for Testing and Material (ASTM) ASTM C 494 ASTM A 82 ASTM A 416 C. California State Specification 8040- 01P -03 1.06 QUALITY ASSURANCE A. Quality assurance procedures shall be in conformance with PCI Manual MNL- 116. B. Concrete mix design shall be designed by the Contractor and reviewed by the Engineer. Rhine Chonnel Conmminoled Sedimem Clennrnp 023J0 -2 Fehrnare 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles C. The Contractor shall provide at least one person who shall be present at all times during pile casting operations and who shall be thoroughly familiar with the methods involved and the design requirements. 1.07 SUBMITTALS A. The Contractor shall submit details of its pile replacement activities in a Guide Pile Demolition and Replacement Plan for the Engineer's review. This plan shall include, but may not be limited to, the following items. No work on guide pile demolition or replacement shall begin until the Engineer has approved the Guide Pile Demolition and Replacement Plan.. 1. Submit details of quality control procedures established, in accordance with PCI Manual MNL -116, by the precasting manufacturer. 2. Certificate of compliance, mill certificates, samples, and test results for prestressing steel, spirals, non - prestressed reinforced steel, and pile anchorage steel. 3. Concrete mix design. 4. Certificate of compliance, samples, and test results for cement, aggregates, and admixtures. 5. A list of equipment and the methods and procedures for the manufacture, curing, transport, handling, lifting, driving, testing, and cutting off of piles. Calculations of expected pile handling stresses, assuming a minimum 50 percent impact factor, shall be signed by a Civil or Structural Engineer currently registered in the State of California. 6. Submit Shop Drawings for piles showing placement of the steel, and the use of special embedded or attached lifting devices, and the employment of other pickup points or any other method of pickup. Any deviation from the Contractors drawings pertaining to length of pile, design, or any other deviation that may affect the structural integrity of the pile shall be conspicuously shown on the Shop Drawings. The Shop Drawings shall show that the steel layout and details conform with those shown on the Drawings. The Shop Drawings shall be signed by a Civil or Structural Engineer currently registered in the State of California, with experience in designing prestressed, precast concrete pile. S. Prepare and submit to the Engineer for approval a schedule and sequence of pile driving prior to commencing pile driving. Each pile location shall have a unique identification number. Rhine Channel Conluminnred Sedimen Cleanup 02350 -3 Fehruary 2011 Division 2 — SITE WORK Section 02350 —Precast Concrete Piles 9. Provide the Engineer with the method(s) proposed to align and maintain alignment. The Contractor shall also provide details on the methods and equipment to be used to measure alignment. 10. Completed Pile Hammer Data Sheet, attached to this specification section as Attachment 1. 11. Jetting is permitted. A permit must be obtained by the Contractor at no cost to the City from the appropriate State and Federal agencies. a. Provide Engineer with information about Contractor's jetting equipment, details, methods and procedures for review prior to commencing work. However, Engineer's review will not relieve Contractor's responsibilities for installation of piles as indicated on the Drawings and in these Specifications. PART2- PRODUCTS 2.01 CONCRETE A. Concrete shall contain no calcium chloride, thiocyanate, or other admixtures containing more than 0.05 percent chloride ions. If approved, use a water - reducing admixture that complies with ASTM C -494, Type A, except it shall meet the above requirements and shall be nontoxic after 30 days. The amount of admixture added to the concrete shall be in accordance with the manufacturer's recommendations. Furnish a compliance statement that the admixture used satisfies all requirements of this Special Provisions Section. B. The Contractor shall make six, 6 -inch diameter by 12 -inch long test cylinders for the Engineer for each pile manufactured. The Engineer may, at its discretion, reduce the required number of cylinders at any time if satisfied that the required concrete strength is being attained and that the concrete and curing processes are uniform. The cylinders shall be properly labeled with the date and pile number of the pile being manufactured. After curing, the cylinders shall be delivered to the Engineer. 2.02 HI- TENSILE REINFORCING A. Small- diameter prestressing strands shall be of the uncoated seven -wire high - tensile -steel cold -drawn type, stress relieved after the wires have been formed into strands. The strand shall conform in physical properties to those set forth in ASTM A -416 Grade 270. Nominal size of strand shall be as shown on the drawings. High - strength single -wire and high - strength alloy bars when shown on Rhine Channel Contaminated Sedimew Ocunup 03 50.4 rehrura'tr '01/ Division 2 — SITE WORK Section 02350 — Precast Concrete Piles drawings, or required, shall meet standards of the Prestressed Concrete Institute unless otherwise specified. B. A microscopic and metallographic examination will be made by the Engineer on representative sections of the wire, which have been previously stressed, to 70 percent of its ultimate strength. The appearance of laminated structure or metallurgical defects will be grounds for rejection. C. All strands shall be free of dirt, rust, oil, grease, or other deleterious materials and shall be accurately positioned, held in -place and tensioned before concrete is placed. 2.03 REINFORCING BAR AND WIRE A. All spiral reinforcing wire shall meet the requirements, of ASTM A82. The pile shall contain spiral steel reinforcing of the pitch and size shown on the drawings. B. Reinforcing steel shall be ASTM Grade 60 smooth or deformed. C. All reinforcing bar and wire shall be epoxy coated meeting the requirements of ASTM A934. 2.04 PILE MANUFACTURING CRITERIA A. Piles shall have suitable identification numbers, at least 5 inches in height, impressed in the concrete, as specified elsewhere in these Specifications, indicating the sequence in which piles were manufactured. These numbers shall be located on the same face of the pile, approximately 3 feet from each end. A record shall be kept on each pile showing the date manufactured, results of test cylinder testing and any other pertinent data required by the Engineer. B. The piles shall be manufactured to the following dimensional tolerances: I . Length, +/- 1 inch. 2. Deviation from a straight line shall be less than 1/8 inch within any 10 feet of pile length. The total deviation from true centerline (straight line drawn between centerline of pile ends) of pile shall not exceed % inch at any point along the length of the pile when pile is in true plumb position. 3. Cross sections shall be within -1/4 inch to +112 inch. 4. Pile head +/- %2 degree hrom a true right angle plane. 5. Surface irregularities, +/- 1/3 inch. Rhine Channel Commnluaanl Sediment Cleanup 023.10-5 February 201 / Division 2 — SITE WORK Section 02350 — Precast Concrete Piles 6. Location of reinforcing steel shall be as follows: a. Reinforcement cover, -0 inch, +1/4 inch. b. Spacing of spiral +/- %, inch. Location of prestressing strands in relation to the longitudinal axis of the pile shall be minus 1/4 inch plus 0.0 inch from that indicated throughout whole length of pile. C. Failure to maintain the pile dimension tolerance and the reinforcing location tolerances will be cause for rejection of the pile. D. When lifting anchors are used in concrete piles they shall be not less than one inch clear from the reinforcing or prestressing steel in the pile. E. Lifting anchors shall be removed to a depth of not less than one inch below the surface of the concrete and the resulting depression shall be scrubbed and blown clean of all loose material, then filled with epoxy mortar before piles are delivered to the job site. Epoxy adhesive shall comply with the requirements of California State Specification 5040 -OI F -03 and only the product of one manufacturer shall be used for all of this work. Submit a certificate of compliance for the product selected. 2.05 FORMS A. Forms shall be steel and shall be designed, fabricated, setup, and maintained so as to produce a finished pile ready for driving, free from defects and conforming to the tolerances specified herein. Forms shall be made with sufficient rigidity and shall be supported as necessary to prevent deformation and settlement during placing, vibrating, finishing, and curing of concrete. Forms shall be constructed and assembled to prevent damage to the pile upon form removal. Fors shall be setup and arranged to provide ample working space and easy access to conduct all necessary operations. Forms shall permit longitudinal movement of the pile without damage during the transfer and release of the prestressing force. Forms shall be free ofdents, creases, and other irregularities. Forms shall be thoroughly cleaned and oiled prior to each use. B. Forms shall be designed to allow prestressing of (lie strands and subsequently allow adequate access for placing and tying reinforcement and for positioning and anchoring all embedded items. C. Take particular care to ensure that end bulkheads are plane and square to the axis of the pile. Rhine Channel Conmminaled Sediment Cleanup 01350 -6 Fehrutun 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles D. Except for the top horizontal surface that may be hand finished, all concrete surfaces of the pile shall be formed. Methods of forming that involve extruding any portion of the pile are not acceptable unless otherwise approved by the Engineer. Such approval will be based on satisfactory prior experience of both the pile manufacturer and the Superintendent in producing prestressed concrete piles of the size required. 2.06 PLACEMENT OF REINFORCENIENT UNITS A. The reinforcing steel shall be installed in the casting beds in the exact shape and dimensions as designed by the Contractor. Strands and reinforcing bars shall be positively held in position so that the assembled steel will retain its position after stressing and during placement of concrete. B. Templates shall be used to properly and accurately space strand. Before assembling the steel, the spiral hooping shall be formed as indicated by the Contractor. C. The spiral reinforcing shall, as a minimum, be firmly tied to at least four prestressing strands. These ties shall be approximately equally spaced and in separate quadrants. Ties shall be made at every other intersection resulting in ties at two pitch distances apart along four strands. At both ends of the unit, ties shall be made at every intersection for the first six hoops. Ties shall be with No. 16 annealed steel wire. To gain access, it may be necessary to leave some strands unstressed until after the spiral ties are made. In such case, the unstressed strands must be in a symmetrical pattern. All splices in the spiral shall be lapped one circumference and shall be wired together at three points. Take particular care to ensure that spirals near the ends of the pile are not displaced during concrete placement. D. If concrete spacer blocks are used the strength of these shall not be less than the design strength of the pile concrete. 2.07 JETTING TUBES A. Jetting of piles is permitted as indicated in these Specifications. Piles shall be provided with jetting tubes internally cast. 2.08 PRESTRESS A. Anchors for the prestressing steel shall be designed to adequately resist the prestressing forces without excessive deformation and enable the operation to be carried out safely. Tendon anchorages shall be designed to hold the tendon safely at prestress tension without creep. Rhine Channel Contaminated Sedimeal Cleanup 02350 -7 Febrnay 201 l Division 2 — SITE WORK Section 02350 — Precast Concrete Piles B. Uniformly prestress the steel prior to being brought to design prestress. Induce the same initial prestress in each unit when several units of prestressing steel in a pile are stretched simultaneously. C. Initial prestress in strands and final prestress in the concrete after allowing for losses, shall be as indicated on the drawings. D. All strands shall be individually and uniformly stressed, in a symmetrical sequence, to the design load; before concrete is placed, by means of hydraulic jack, or jacks, equipped with accurate pressure gages permitting the stresses to be computed at any time. Elongation of the strand shall be measured at the completion of the tensioning operation and shall conform to elongation tables furnished by the manufacturer of the strand. If there is a difference of over 5 percent between the steel stress determined from adjusted elongation and from the gauge reading, the cause of the discrepancy shall be determined and rectified before additional casting is allowed. 2.09 DEPOSITING AND FINISHING CONCRETE A. All strands, spirals, and other embedded items shall be secured in position and then approved by the Contractor before any concrete is ordered for any particular pile. B. Concrete shall be deposited continuously and as rapidly as practicable after the placing of each pile section has started and until the entire pile section has been completed in the casting bed. The concrete shall be deposited in successive layers. Hand mixing of concrete for piles will not be permitted, nor will retempering be permitted. C. The top surface shall be screeded and troweled to a uniform even texture similar to that produced by the fornns. 2.10 VIBRATING A. During and immediately after depositing concrete for piles, electric or pneumatic vibrators of approved design, in numbers approved by Engineer, but not less than two, shall be used to vibrate and thoroughly compact the mixture. Particular care shall be taken to handle the concrete in such a manner as to ensure dense concrete with a good surface free from honeycomb or voids. B. The frequency of vibrators shall be not less than thirty -six hundred (3,600) cycles per minute. Intensity of vibration shall be sufficient to cause the concrete to 'flow and settle into place and to make the effect on the concrete visible over a radius of at least 2 feet. Vibrators shall be applied at points not over 2 feet apart, and there shall be an average of not less than 20 seconds of vibration per foot of pile. Rhine Channel Cannuninrned Sediment Cleanup 02350 -8 Fehrung 201 l Division 2 — SITE WORK Section 02350 — Precast Concrete Piles 2.11 TRANSFER OF PRESTRESS A. Prestress shall not be transferred until the concrete in the pile has attained a strength in compression of at least 4,000 psi as determined by a test cylinder testing. Transfer of prestress shall be accomplished by the simultaneous gradual release of all strands, with hydraulicjack(s). Where release by jack is impracticable, each strand shall be burned at exposed points between anchorages. The sequence of burning shall follow a pattern calculated to equalize the forces being transferred throughout the cross section of the member. Heating for release shall use a low- oxygen flame. At least a 4 -inch section of wire shall be uniformly heated to relax the prestress tension and prevent the shock encountered when strands are burned with a high- oxygen flame at a single point. Following detensoning, remove the strands to not less than one half inch below the surface and patch the resulting depression with epoxy grout as used for lifting anchors. 2.12 SURFACE DEFECTS A. Except as specifically permitted, no rock pockets, voids, fissures, or honeycombing will be allowed. Repair of such defects will also not be permitted. Such defects will be cause for rejection of the pile. B. Individual small surface air bubble defects, which are defined as not exceeding Yi inch in mean diameter or 3/8 inch in depth, and small fissures, which are defined as penetrating less than 3/8 inch, will be accepted without repair. Defects that are up to one inch in mean diameter and 3/8 inch to 3/4 inch in depth may be repaired as hereinafter required. C. Surface defects that are greater than one inch in mean diameter or are more than 3/4 inch in depth, will be cause for rejection of the pile. 2.13 REPAIR OF SURFACE DEFECTS A. The Contractor shall repair small surface air bubble defects and small fissures throughout the length of the pile according to the criteria outlined. B. The grout and dry patching material shall consist of Portland cement mortar mixed in the proportion of one part Portland cement (Type 11) to three parts of fine sand (passing a No. 14 to 20 mesh sieve) by volume. No more water than necessary for proper placing shall be used. No mortar shall be used which has been prepared for longer than 30 minutes, and if stiffening should occur within this period, the mix shall be discarded. Under no circumstances shall water be added to the mortar after it has first been prepared. Preparation Rhine Channel Canmminnted Sediment Cleanup 02.450 -9 Febi nan -20/l Division 2 — SITE WORK Section 02350 — Precast Concrete Piles a. The depth and direction of any and all small fissures shall be ascertained by probing with a 12 -gauge wire, after which a 3/8- to V2-inch drill shall be used to enlarge the fissure to the depth and in the direction that was indicated by the probing. In the event the drill is broken off in the concrete, it shall be removed by any feasible means, an in no case shall it be left embedded in the concrete. b. All concrete surfaces to be repaired shall first be thoroughly scrubbed with a coarse stiff, short- bristle brush before the application of the dry packing. The object of this cleaning is to uncover holes, which may be concealed by a thin film of laitance or mortar. C. The brushed surfaces shall be thoroughly hosed with a pressure nozzle to remove dirt and foreign objects. Repair Methods a. After the free water has disappeared, but while the concrete surface is still damp, dry patching shall be applied to all indented, damp concrete surfaces, followed by methods prescribed herein, in a manner that will provide a positive bond between the patching material and all surfaces of the concrete, to the satisfaction of the Engineer. b. Mortar grout shall be compacted into the predrilled fissures in a manner that will pen-nit no voids of entrained air to remain and will provide a positive bond between the concrete and the mortar at all interfaces. Following this step, all surface voids shall be dry packed by means mutually acceptable to the Contractor and the Engineer. C. Mortar patches shall be kept moist for not less than 5 days after placement. Patches, which show secondary fissures or are not bonded properly, shall be redone. In the event shrinkage occurs in the hardened patches, these shall be removed and re- patched. Provide new key ways by drilling or any other means acceptable to the Engineer. Failing to obtain a satisfactory patch will be considered as grounds for rejecting the pile or piles in question. Rhine Channel Coutruninuied Sedimew Cleanup 02350_;10 Fchruary 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles 2.14 CURING PILES A. Piles shall be cured by a combination steam and water curing method or by combinations of other methods, when approved by the Engineer in writing. Submit proposed curing method to the Engineer prior to casing. B. Curing duration: Piles shall be cured in the casting bed until concrete test cylinders poured during the pile manufacturing and cured in the same manner as the piles have attained a minimum compressive strength of at least 4,000 psi. Curing may be discontinued, with the approval of the Engineer according to the following schedule; steam curing for 24 hours followed by water curing for a total curing time of not less than seven days or water curing for a total of 10 days. Curing by membrane compound will not be allowed. C. Steam Curing Immediately after the piles have been cast and finished, they shall be enclosed in a suitable tight enclosure, which will protect the pile from wind and drafts. Such chambers and enclosures shall be adequately sized to allow full circulation of steam around all surfaces of the pile. 2. Instrumentation: a. Install recording thermometers with suitable enclosures and an adequate power source along with all wires and other expendables and locate the recording thennometer pickup points at intervals not to exceed 50 feet along the length of all steam curing chambers used for curing piles under this specification. The placing or location of the thennocouples shall alternate from the top of the piles to the bottom of the piles. The Contractor shall not commence concrete placement until all temperature- recording devices have been installed and checked to the satisfaction of the Engineer. A uniform curing temperature shall be maintained throughout the entire length of all piles. b. Thermocouples shall be housed in metallic conduit stubbed off 3 inches above the bottom of the enclosure. The proximity of the couple in relation to the piles shall be mutually agreed upon by the Engineer and manufacturers representative. At the end of the metallic conduit, flexible rubber hose shall be used to protect the wires 'from mechanical damage. The wires shall have at least 2 feet of slack to allow for new couples to be made without splicing, should it become necessary. Rhine Channel Guunminared Sediment ch-am p 01350 -11 Fehrunrr 1011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles C. For the purpose of checking the Contractor's recording thermometers, the Engineer may install its own recorders. In this case, the Contractor shall furnish the power source, necessary wires, and other expendables at locations designated by the Engineer. Commencing not earlier than 3 hours and not later than 4 hours after completion of concrete placement, the piles shall be subjected to the continuous action of thoroughly saturated vapor having an ambient curing temperature of not more than 150 °F. Care shall be exercised to see that heat is introduced gradually to avoid thermal shock to the concrete. The rate of rise of temperature shall not exceed 40 °F per hour. If the forms have been released from the piles, curing temperatures may be raised to a maximum of 160 °F, with the approval of the Engineer. 4. Following this steaming cycle, the piles shall be cooled gradually. Care shall be exercised to protect the piles from rapid drops in temperature, mechanical injury, and any other conditions likely to cause damage or loss of strength. The rate of drop of temperature shall not exceed 50 °F per hour. Steam hoods shall remain in place until the difference between inside and outside temperatures has reduced to less than 20 °F. 6. After steam cuing, moist cure using water and moisture retaining covers until a total steam and moist curing time of not less than 7 days is achieved. 2.15 DRIVING EQUIPMENT A. General: Provide and maintain, in good operating condition, all equipment, complete with ancillary equipment (striker plates, capblock, adapters, helmets) recommended by the hammer manufacturer as being necessary for the proper and efficient handling and installation of the piles to achieve the penetration shown on the drawings. Barges and other floating equipment shall be of ample size and capacity to handle piles of the required lengths and be stable under site sea conditions without excessive movement or tilting during the operations of pile installation, and without causing delay to the work. Have necessary equipment items available for inspection by the Engineer. Any deficiencies in quality, quantity, or type of equipment shall be corrected prior to commencing work. This inspection shall in no way Rhine Channel Conuunienred Sediment Cleanup 0 1350 -12 Fehrunrr 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles relieve the Contractor's obligation to provide all equipment required to properly perform the work. 3. Equipment shall be maintained in good condition and shall be capable of supporting continuous operation of the pile hammers at full rated speed and energy. Any equipment failing to meet these requirements shall be taken out of service, removed from the site and replaced with equipment of adequate size an in the appropriate operating condition to accomplish the work as specified and shown on the drawings. All at Contractor's sole expense. B. Hammers: The pile- driving hammer shall be of the size and type able to consistently deliver an effective dynamic energy suitable to the piles to be driven and the material into which they are to be driven. Diesel hammers shall be used. Hammers shall be provided with proper driving helmets suited for the piles. The hammers shall be maintained in good operational condition and shall be operated at the rated speeds given by the manufacturer for the energy levels required. Minimum recommended hammer energy level is 50,000 ft -lbs. 2. Notwithstanding Paragraph 1 above, it is the sole responsibility of the Contractor to provide a hammer that will deliver the energy that is required to install the piles, without damage, to the specified pile tip elevation as shown on the Drawings. Provide suitable measuring system so that hammer stroke is easily observed by the Engineer. Use a "barber pole" for diesel hammers. Stroke measuring device shall be attached by two independent methods for safety. Provide hearing protection as required by OSHA. Pile driving equipment shall be shrouded to reduce noise and vibration emitted fi-om the machinery. C. Jetting Equipment Jetting equipment shall be of sufficient design and size to maintain the required flows and jet tip pressures to install piles to indicated depths (i.e., within four (4) feet of tip elevations). D. Protection of Pile Head: Rhine Channel Comaminafed Sediment Cleanup 02350-13 Februnri ='011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles 1. Capblock material shall be made of a stable and predictable material such as aluminum- micarta, FORCE 10, as manufactured by Metex Corporation, aluminum and CONBEST as manufactured by Penn State Metal Fabricators or other manufacturers determined by the Engineer to be equivalent. The helmet shall seat onto the pile and bear evenly and concentrically with minimum play upon the pile. The pile head shall be free to rotate in the helmet. 2. The helmet shall contain a cushion pad consisting of laminated wood placed in the pile- driving helmet. The thickness of the cushion to be used can range between 6 inches and 15 inches. The actual thickness to be used for pile driving will be determined by the Engineer. A new cushion shall be placed in the helmet at the start of driving of each pile. In addition, the cushion shall be replaced in the helmet as soon as it is evident that it has begun to deteriorate. E. Pile Driving Equipment: Provide fixed leads, crane, and other equipment necessary to drive piles within the tolerances specified hereinafter. Leads shall be of sufficient length so the use of a follower is not necessary. Leads shall be straight and parallel and shall not deviate from a straight line by more than 1/2 inch over any 15 -foot length. Leads shall be easily adjustable to permit axial driving without interruption if piles deviate from their shown attitude. 2. The use of either swinging, hanging, or semi -fixed leads with or without location templates, will only be permitted after written approval of the Engineer. Such approval will be based on successful prior experience in achieving specified tolerances. PART 3 - EXECUTION 3.01 GENERAL REQUIREMENTS, PILE INSTALLATION A. This work consists of furnishing all labor, transportation, equipment, material, and incidentals necessary for the installation of precast pre - stressed concrete piles in accordance with the drawings and Specifications. B. Definitions: Elevations: Elevations are referenced to the benchmark indicated on the Drawings. 2. Set: Set is defined as the pile penetration in inches per blow. Rhine Channel Connaminared Sediment C leaimp 02350 -14 February 2011 Division 2 — SITE WORK Section 02350 — Precast Concrete Piles Blow Count: Blow count is defined as the number of blows required to advance the pile into the soil by I foot without the assistance of water jet or other means. 4. Termination Blow Count: Termination blow count is defined as the blow count at which driving may be terminated. Termination blow count will be established by the Engineer, if appropriate. Rated Hammer Energy: The rated hammer energy is defined as; for diesel hammers, the product of the rated stroke times the ram weight. Transferred Hammer Energy: Transferred hammer energy is defined as the energy transferred to the pile head as determined from measurements using the pile driving analyzer. Fixed Leads: Fixed leads are defined as leads, which are attached to the boom at the top, supported at the bottom, capable of spotting the pile in its correct position and maintain alignment during driving. The degree of rigidity and strength acceptable will be subject to the review of the Engineer. C. The Engineer shall have access to and the Contractor shall make available at all times, all materials and equipment necessary for purposes of inspection. Inspection by the Engineer may include, but is not necessarily limited to: 1. Condition of piles prior to driving. 2. Location of piles prior to driving. 3. Measurement of penetration resistance. 4. Location of piles during driving. 5. Verification of hammer performance and energy. 6. Measurement of hammer stroke. Location of piles after driving. 8. Condition of piles after driving. D. Survey Lines and Grades The Contractor is responsible for correctly locating all piles in the field based on benchmarks and base lines on the shore for the use of the Rhine Channel Conlaminnred Sedimem Cleanup 03350 -15 Fehrnarr 2011 Division 2 — SITE WORK Section 02891 — Timberwork PART 1 - GENERAL 1.01 WORK INCLUDED A. The work includes furnishing and installing Timberwork as shown on the drawings and as specified in these specifications. Timber-work is not to be used as decking for dock walkways or fingers. 1.02 APPLICABLE PUBLICATIONS A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. American Society for Testing and Materials (ASTM) Publications: A53 Zinc (Hot - Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip A153 Zinc Coating (Hot -Dip) on Iron and Steel Hardware A307 Carbon Steel Externally Threaded Standard Fasteners 1.03 SUBMITTALS A. Certified Test Reports: Submit for timber and fasteners. B. The Engineer reserves the right to conduct plant inspection of the treating process at its discretion. Notify the Engineer at least 2 weeks prior to treatment, stating where preservative treatment will be done. The Engineer's Inspector shall have access to all parts of the plant during inspection of the treating process. C. Shop Drawings: Submit shop detail plans of all treated timber showing the dimensions of all timbers, which are cut, framed, or bored. 1.04 DELIVERY AND STORAGE A. Open -stack untreated timber and lumber material on suitable skids at least 12 inches above the ground, and in a manner that will prevent warping and allow shedding of water. Close -stack treated timber and lumber material in a manner that will prevent long timbers or pre - framed material from sagging or becoming crooked. Keep ground underneath and within 5 feet of all such piles free of weeds, rubbish, and combustible materials. Protect materials from the weather using suitable coverings. Handle treated timber with ropes or chain slings without Rhine Channel Conmminared ScAn nt Cleanup 02891 -1 F'ehraug 2011 Division 2 — SITE WORK Section 02891 — Timber-work dropping, breaking outer fibers, bruising, or penetrating the surface with tools. Do not use cant dogs, peaveys, hooks, or pile poles. Protect hardware from corrosion. PART2- PRODUCTS 2.01 MATERIALS A. Lumber and Timbers: Solid Sawn: Provide solid sawn lumber and timbers of stress -rated Pacific Coast Douglas Fir; Select Structural with a stress rating as indicated, and identified by the grade mark of a recognized association or independent inspection agency using the specific grading requirements of the association recognized as covering the species used. The association or independent inspection agency shall be certified by the Board of Review, American Lumber Standards Committee, to grade the species used. 2. Preservative Treatment for Douglas Fir Lumber: Fabricate lumber and timbers as completely as practicable before preservative treatment. Preservative treat lumber and timbers as per Section 06310, "Preservative Treatment and Coatings for Wood." B. Hardware: Hardware shall include bolts with necessary nuts and washers, timber connectors, drift pins, dowels, nails, screws, spikes, and other metal fastenings. Bolts and nuts shall conform to ASTM A307. Washers shall be cast -iron ogee, malleable iron, or plate or cut washers, as indicated. Provide bolts with washers under nut and head. Timber connectors and other metal fastenings shall be of the type and size shown. Nails shall be common galvanized wire nails. Galvanization: All steel work shall be hot -dip galvanized in accordance with ASTM A53 and ASTM A 153, as applicable. See Section 05500, "Metal Fabrications." PART 3 - EXECUTION 3.01 CONSTRUCTION A. Framing: Cut and frame all lumber and timber so that joints will have fit over contact surface. Secure timbers in alignment. No shimming will be permitted in making joints. Open joints are unacceptable. Bore holes for drift pins and dowels with a bit 1/16 inch (2mm) less in diameter than the pin or dowel. Bore holes for bolts with a bit 1 /16 inch (2mm) larger in diameter than the bolt unless noted otherwise on the drawings. Counter -bore for countersinking wherever smooth faces are indicated or specified. Rhine Channel Comaminated Sediment Cleanup 01891 -2 Februaq-?011 Division 2 — SITE WORK Section 02891 — Timberwork B. Fastening: Use washers of the size and type specified under all bolt heads and nuts in contact with wood. Burr threads of all bolts after nuts have been finally tightened. Vertical bolts shall have nuts on the lower end. Where bolts are used to fasten timber -to- timber, timber -to- concrete, or timber -to- steel, bolt members together when they are installed and retighten immediately prior to final acceptance of the contract. All bolts shall have sufficient additional threading to provide at least 3/8 inch per foot unless noted otherwise. 3.02 FIELD TREATMENT A. Timber Work: Field treat all cuts in treated timbers and all abrasions in accordance with Section 06310, "Preservative Treatment and Coatings for Wood." Trim all cuts and abrasions before field treatment. Paint all depressions or openings around bolt holes, joints, or daps including recesses formed by counterboring, with preservative treatment used for timber. PART 4 — MEASUREMENT AND PAYMENT Payment for timberwork associated with guide pile removal and replacement will be considered part of the Contract unit price for Bid Items No. 6, 7, 8, or 9 "Guide Pile Removal and Replacement," according to the diameter of the replacement guide pile (12, 14, 16, or 18 inches, respectively), as described in detail in Section 02350. Repairs to dock framing, if judged necessary and authorized by the Engineer, shall be paid as Change Order work and charged against Bid Item No. 12 "Allowance for Dock Reconstruction." END OF SECTION Rhine Channel Conraminuied Sedimem Cleanup 02891 -3 Februmy _1011 Division 2 — SITE WORK Section 05500 — Metal Fabrications PART 1- GENERAL 1.01 WORK INCLUDED A. The work includes furnishing and installing Metal Fabrications as shown on the drawings and as specified in these Specifications, or as required for miscellaneous timberwork framing. 1.02 APPLICABLE PUBLICATIONS The publications listed below form a part of this Specification to the extent referenced. The publications are referred to in the text by the basic designation only. A. American National Standards Institute 1. ANSI B18.6.3 1972 (R 1991) Machine Screws and Machine Screw Nuts 2. ANSI B18.22.1 1965 (R 1990) Plain Washers B. American Society for Testing and Materials 1. ASTM A36 /A36M Structural Steel 2. ASTM A53 Pipe, Steel, Black, and Hot - Dipped, Zinc - Coated Welded and Seamless 3. ASTM A307 Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength 4. ASTM A525 Steel Sheet, Zinc- Coated (Galvanized) by the Hot -Dip Process 5. ASTM A780 Repair of Damaged and Uncoated Areas of Hot -Dip Galvanized Coatings C. American Welding Society, Inc. 1. AWS D1.1 1990 Structural Welding Code Steel 1.04 SUBMITTALS A. Drawings I. Angles, brackets, and plates Rhine Channel Comamimted Sediment Cleanup 05501 -1 Fehrumrr 201 1 Division 2 — SITE WORK Section 05500 — Metal Fabrications Submit fabrication drawings showing layout(s), connections to structural system, and anchoring details. Submit installation drawings indicating thickness, type, grade, class of metal, and dimensions. Show construction details, reinforcement, anchorage, and installation. B. Samples None 1.05 QUALIFICATION OF WELDERS A. Qualify welders in accordance with AWS D1.1 using procedures, materials, and equipment of the type required for the work. 1.06 DELIVERY, STORAGE, AND PROTECTION A. Protect metal materials from corrosion, deformation, and other types of damage. Store items in an enclosed area free from contact with soil and weather. Remove and replace damaged items with new items. PART2- PRODUCTS. 2.01 MATERIALS A. Structural Carbon Steel: ASTM A36. B. Anchors and Fasteners: Where exposed, shall be of the same material, color, and finish as the metal to which applied. C. Bolts and Nuts: ASTM A307. D. Washers: [provide plain washers to conform to ANSI B 18.22. 1. Rhine Channel Cuniamintucd .Setlimem Ceaunp 05500 -2 Fehnmrp 201 1 Division 2 — SITE WORK Section 05500 — Metal Fabrications 2.02 FABRICATION FINISHES A. Galvanizing: All steel provided for this project shall be galvanized. Hot -dip, galvanized items specified to be zinc - coated, after fabrication where practicable. Galvanizing: ASTM A123, ASTM A153 or ASTM A525 G -90, as applicable. B. Galvanize bolts, fasteners, washers, and parts or devices necessary for proper installation, unless indicated otherwise. C. Not Applicable. D. Repair of Zinc - Coated Surfaces Repair damaged surfaces with galvanizing repair method and paint .conforming to ASTM A780 or by the application of stick or thick paste material specifically designed for repair of galvanizing, as approved by the Engineer. Clean areas to be repaired and remove the slag from the welds. Heat surfaces to which stick or paste material is applied, with a torch to a temperature sufficient to melt the metallics in stick or paste, spread the molten material uniformly over surfaces to be coated and wipe the excess material off. E. Shop Cleaning Surface Preparation: Blast clean surfaces in accordance with SSPC SP 6. Surfaces that will be exposed in spaces above ceiling or in attic spaces, crawl spaces, furred spaces, and chases may be cleaned in accordance with SSPC SP 3 in lieu of being blast cleaned. Wash cleaned surfaces that become contaminated with rust, dirt, oil, grease, or other contaminants with solvents until thoroughly clean. Steel to be embedded in concrete shall be free of dirt and grease. Do not paint or galvanize bearing surfaces, including contact surfaces within friction - typejoints, but coat with rust preventative applied in the shop. 2.03 MISCELLANEOUS PLATES AND SHAPES A. Provide angles and plates, ASTM A36/A36M for embedment as indicated. PART 3 - Ea'ECUTION 3.01 INSTALLATION A. Install items at locations indicated, according to manufacturer's instructions. Items listed below require additional procedures. Rhine Channel Conuunin<ued Sediment Cleanup 05500 -3 Fehnielf y 2011 Division 2 — SITE WORK Section 05500 — Metal Fabrications 3.02 ANCHORAGE, FASTENINGS, AND CONNECTIONS A. Provide anchorage where necessary for fastening miscellaneous metal items securely in place. Include for anchorage not otherwise specified or indicated slotted inserts, machine and carriage bolts. Do not use wood plugs in any material. Provide non - ferrous attachments for non- ferrous metal. Make exposed fastenings of compatible materials, generally matching in color and finish, to which fastenings are applied. Conceal fastenings where practicable. 3.03 WELDING A. Perform welding, welding inspection, and corrective welding, in accordance with AWS D1.1. Use continuous welds on all exposed connections. Grind visible welds smooth in the finished installation. 3.04 FINISHES A. Dissimilar Materials: Where dissimilar metals as defined by MIL -STD -889 are in contact, or where aluminum is in contact with concrete, mortar, masonry, wood, or absorptive materials subject to wetting, protect surfaces with a coat conforming to FS TT -P -664 to prevent galvanic or corrosive action. Alkyd is not to be used on metal in contact with concrete or masonry. B. Field Preparation: Remove rust preventive coating just prior to field erection, using a remover approved by the rust preventive manufacturer. Surfaces, when assembled, shall be free of rust, grease, dirt and other foreign matter. C. Environmental Conditions: Do not clean or paint surface when damp or exposed to foggy or rainy weather, when metallic surface temperature is less than 5 degrees F above the dew point of the surrounding air, or when surface temperature is below 45 degrees F or over 95 degrees F, unless approved by the Engineer. PART 4 — MEASUREMENT AND PAYMENT Payment for metal fabrications associated with guide pile removal and replacement will be considered part of the Contract unit price for Bid Items No. 6, 7, 8, or 9 "Guide Pile Removal and Replacement," according to the diameter of the replacement guide pile (12, 14, 16, or 18 inches, respectively) and is described in detail in Section 02350. Replacement of faulty or insufficient guide rollers or guide roller framing, which, if necessary and authorized by the Engineer, shall be paid under Contingency Bid Items No. 10 and 11, as described in Section 02350. END OF SECTION Rhine Channel Cunluminnred Sediment Cleanup 05500 -4 Februury 2011 Division 2 — SITE WORK Section 06310 — Preservative Treatment and Coatings for Woods PART 1 - GENERAL 1.01 WORK INCLUDED The work includes furnishing and installing Preservative Treatment and Coatings for Wood as shown on the drawings and as specified in these Specifications. 1.02 SUBMITTALS A. Contractor shall furnish a letter of compliance from the treatment facility that the wood has been treated as specified. PART 2- PRODUCTS 2.01 MATERIALS A. ACQ — Amoniacal Copper Quat B. Penta — Pentachlorophenol (Light Oil Solvent) C. CCA — Chromated Copper Arsenate D. ACZA — Ammoniacal Copper Zinc Arsenate PART 3- EXECUTION 3.01 INSTALLATION A Preservative Treatment: For all plywood, sawn lumber, and glulams. Treat to maximum retention levels as per American Wood Preservers Bureau. Framing and decking lumber shall be incised. See special requirements for incising of wood decking. See related specifications for specific requirements. PART 4 — MEASUREMENT AND PAYMENT Payment for preservative treatment and coatings for wood, as associated with guide pile removal and replacement and adjoining dock structures, will be considered part of the Contract unit price for Bid Items No. 6, 7, 8, or 9 "Guide Pile Removal and Replacement,' according to the diameter of the replacement guide pile (12, 14, 16, or 18 inches, respectively) and is described in detail in Section 02350. END OF SECTION Rhine Channel Conueminnred Sediment Cleanup 06310 -1 T ubruw:p 2011 APPENDIX A REGULATORY PERMITS INDIVIDUAL PERMIT U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Pem-dttee: City of Newport Beach; Chris Miller Permit Number: SPL- 2010 - 00735 -RRS Issuing Office: Los Angeles District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To permanently dredge contaminated material within 182- acre(s) of waters of the U.S. within the Rhine channel and waterfront areas adjacent to Marina Park, the American Legion, and the 151h St. pier with Lower Newport Bay (LNB), and to dispose of the 150,000 cubic yards of contaminated dredged material at the Middle Harbor Confined Disposal Area (CDF) at the Port of Long Beach (POLB), in association with the Rhine Channel Contaminated Sediments Cleanup Project as shown on the attached drawings. The proposed project also includes the removal and replacement of 150 end piles of dock floats incidental to dredging and removal of 87 pieces of debris. Specifically, you are authorized to: Perform initial dredging of contaminated material within 18.2- acre(s) of waters of the U.S. dredge area within the Rhine channel and waterfront areas adjacent to Marina Park, the American Legion, and the 151h St. pier within Lower Newport Bay (LNB), and to transport and dispose of the 150,000 cubic yards (cy) of contaminated dredged material at the Middle Harbor — Confined Disposal Facility (CDF) at the Port of Long Beach (POLB), in association with the Rhine Channel Contaminated Sediments Cleanup Project as shown on the attached drawings. The' Middle Harbor CDF is permitted under Corps Permit No. 2004 - 01053 -AOA and this project is approved to discharge the contaminated material in the CDF. The project also includes the removal and replacement of 150 end piles of dock floats incidental to dredging in the Rhine channel and removal of 87 pieces of debris within all dredging areas and disposing of the debris at a Corps approved upland disposal site. The project also allows subsequent maintenance dredging of additional sediments in the above dredge area that have migrated into the dredging areas and around the piles to be replaced after confirmatory testing is completed. The work also includes the dredging from the surrounding area (side slopes and any areas where sloughing occurs into the channel area) and disposing of all of the dredged material at the Corps approved upland disposal site (currently approved as the POLB Middle harbor CDF) in accordance with the Dredging Plan to be submitted to the Corps and as shown in the attached drawings. Because the water depths in the dredge area range from -13 feet MLLW to -19 feet MLLW, irregular slopes were formed between adjacent dock areas and the channel area. All dredge material will be put into barges and subsequently off- loaded to the POLB CDF for proper disposal in accordance with the conditions of Corps Permit No. 2004 - 01053 -AOA. The project shall incorporate a water quality monitoring plan (WQMP), water quality and turbidity monitoring, and post- dredge confirmation sampling to evaluate the dredged area following dredging. Post dredging confirmational testing and sampling of the newly exposed material at the bottom of the dredging areas will be conducted and the results of the analyses will be provided to the Corps and the California Regional Water Quality Control Board — Santa Ana Region. Additional future maintenance dredging episodes of the approved dredge area in this permit may occur if the permittee complies with the special conditions of this permit. Project Location: The Rhine Channel is located in Lower Newport Bay (LNB) per attached Figure 1. It extends north to southwest adjacent to Lafayette Road in Newport Beach, CA. The channel turns eastward south of 26th Street, with its terminus at 19th Street. The project area also includes a portion of the Newport Channel adjacent to Marina Park per Figure 1. The proposed disposal site is the Middle Harbor Confined Disposal Facility (CDF) located in Port of Long Beach Middle Harbor Redevelopment Project in the City of Long Beach, CA (see Figure 4). Permit Conditions: General Conditions: 1. The time limit for completing the authorized activity ends on February 8, 2014. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.' 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this permit from this office, which may require restoration of the area. 2 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. A conditioned water quality certification has been issued for your project you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: Section 10: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 2. No earthwork is authorized by this Permit 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: A) The project involves the repair of existing structures that were originally constructed using wood products; B) The creosote treated pilings are wrapped in plastic; C) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers, D) The plastic wrapping is sealed at all joints to prevent leakage; and E) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. A pre - construction survey of the project area for Caulerpa taxifolia ( Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see ' http:// swr. nmfs .noaa.gov/hcd /caulerpa /ccp.pg not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Perrruttee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation . with NOAA Fisheries and CDFG. 6. FOR BOAT DOCKS and OTHER STRUCTURES PLACED Iii 1 WATERS OF THE US WITH THE POTENTIAL TO IMPACT EELGRASS: Once authorized impacts to navigable waters authorized by this permit have ceased, the Permittee shall conduct two years of post - construction eelgrass monitoring surveys per the mapping guidelines in NOAA Fisheries' Southern California Eelgrass Mitigation Policy (Policy) (http: / /swr.nmfs.noaa.gov/hcd/ policies /EELPOLrevll_final.pdf). All required post - construction monitoring surveys shall be submitted by the Permittee to the Corps Regulatory Division and NOAA Fisheries within 30 calendar days of each survey completion date. Based upon the post - construction monitoring survey results and in accordance with the Policy, the Corps Regulatory Division will determine the need and /or amount of Essential Fish Habitat (EFH) mitigation required to offset adverse impacts to such habitat The Corps Regulatory Division will transmit its determination to the Permittee in writing. Within 60 calendar days of receiving the Corps Regulatory Division's determination specifying the need and amount of mitigation, the Permittee shall submit a draft EFH mitigation plan to the Corps for review and approval. The EFH mitigation plan shall be prepared in accordance with the Policy and the Corps' Los Angeles District Mitigation Guidelines and Monitoring Requirements, dated April 19, 2004. The Permittee shall fully implement the final EFH mitigation plan as approved by the Corps Regulatory Division. 7. FOR DREDGING PROJECTS WITH THE POTENTLAL TO IMPACT EELGRASS: Prior to each maintenance dredging event, a pre - project eelgrass survey should be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCENT) (http://swr.raifs.noaa.gov/hcd/eelpol.htn). If the pre - project survey demonstrates eelgrass presence within the project vicinity, a post - project survey should be conducted and impacts to eelgrass mitigated in accordance with the SCENT. 8. The Permittee shall discharge oonly dean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 9. The Permittee shall notify the Corps Regulatory Division of the date of commencement of operations not less than 14 calendar days prior to commencing work, and shall notify the Corps of the date of completion of operations at least five calendar days prior to such completion. 10. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) TEL: (510) 437 -2980 E -mail: dI1LNM@uscg.mil Website: http: /Iwww.uscg.mil/dp/h=equest.asp 4 U.S. Coast Guard, Sector LA -LB (COTP) TEL: (310) 521 -3860 E -mail: john.p hemigan@uscg.mil A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in the operation (name, size and type). 5) VfU -FM radio frequencies monitored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. C) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. D) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 11. Within 30 calendar days of completion of the,project authorized by this permit, the Permittee shall conduct a post - project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955 -6711. 12. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the pemuttee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. am M. 1. For this permit, the term dredging operations shall mean: navigation of the dredging vessel at the dredging site, excavation of dredged material within the project boundaries, and placement of dredged material into a hopper dredged or disposal barge or scow. 2 Dredging authorized in this permit shall be limited to the areas defined in attached Figure 1 and Sheets C -3, C-4, C -5, C -8, and all attached drawings to this permit. No more than 150,000 cy of contaminated dredged material are authorized for dredging from the Rhine channel, Marina Park, American Legion, and 151h St. Pier dredge areas, by the Permittee. No dredging is authorized in any other location under this permit. This permit does not authorize the placement or removal of buoys. 3. For this permit, the estimated maximum dredging design depth (also known as the project depth or grade) shall be 19 feet below mean lower low water (MLLW), with a maximum allowable overdredge depth of 2 feet below MLLW. No dredging shall occur deeper than 21 feet below MLLW (dredging design depth plus overdredge depth) or outside the project boundaries, unless confirmational sediment sampling indicates the presence of additional contaminated sediments below this depth that the Permittee elects to remove and the Corps authorizes such additional dredging. In compliance with Special Condition 18 below, the Permittee shall provide a post - project report that describes the total volume of sediment dredged and the final bathymetry of the dredging area. 4. The Permittee is prohibited from dredging and disposing material in navigable waters of the U.S. that has not been tested and determined by the Corps Regulatory Division, in consultation with the Environmental Protection Agency Region IX (EPA), to be both clean and suitable for disposal in ocean waters. Re- testing of previously tested or dredged areas is required after three years from the date of sediment sampling. This time limit is subject to shortening given the occurrence of any event that may cause previously determined clean material to become suspect, at the discretion of the Corps Regulatory Division. Prior to each dredging episode, the Permittee must demonstrate that the proposed dredged materials are chemically and physically suitable for disposal in ocean waters according to the provisions of the Inland Testing Manual or Ocean Disposal Manual as appropriate. If the material does not meet the physical and chemical criteria for unconfined disposal in ocean waters, the dredged material shall be disposed in an upland disposal area. The Permittee shall submit to the Corps Regulatory Division and EPA a draft Ci sampling and analysis plan (SAP). Sampling may not commence until the SAP is approved, in writing, by the Corps Regulatory Division, in consultation with EPA. 5. At least 15 calendar days before initiation of any dredging operations authorized by this permit, the Permittee shall send a dredging and disposal operations plan to the Corps Regulatory Division and EPA, with the following information: A) A list of the names, addresses and telephone numbers of the Permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site. B) A list of all vessels, major dredging equipment and electronic positioning systems or navigation equipment that will be used for dredging and disposal operations, including the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow to assure compliance with special conditions on dredging and disposal operations. C) The results of a detailed analysis of all material to be dredged pursuant to an approved SAP. D) A detailed description of the dredging and disposal operations authorized by this permit. Description of the dredging and disposal operations should include, at a minimum, the following: i) Dredging and disposal procedures for 150,000 cubic yards of dredged material determined by the Corps and EPA Region IX to be unsuitable for ocean disposal. ii) Dredging and disposal procedures for 150,000 cubic yards to be dredged from the Permittee's proposed dredge area. iii) A schedule showing when the dredging project is planned to begin and end. E) A pre - dredging bathymetric condition survey (presented as a large format plan view drawing), taken within thirty (30) days before the dredging begins, accurate to 0.5 -foot with the exact location of all soundings clearly defined on the survey chart The pre - dredge survey chart shall be prepared showing the following information (some of this may be waived by the Corps if not needed): i) The entire dredging area, the toe and top of all side - slopes and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre - dredge condition survey should cover an area at least 50 feet outside the top of the side -slope or the boundary of the dredging area, unless obstructions are encountered_ ii) The dredging design depth, overdredge depth and the side -slope ratio. iii) The total quantity of dredged material to be removed from the dredging areas and the side - slope areas. iv) Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and overdredge depth shall be shaded yellow, and areas below overdredge depth that will not be dredged shall be shaded blue. If these areas are not clearly shown, the Corps may request additional information. v) The pre - dredging survey chart shall be signed by the Permittee to certify that the data are accurate and that the survey was completed within thirty (30) days before the proposed dredging start date. F) A debris management plan to prevent disposal of large debris at all disposal locations. The debris management plan shall include: sources and expected types of debris, debris separation .and retrieval methods, and debris disposal methods. 6. The Permittee shall not commence dredging operations unless and until the Permittee receives a Notice to Proceed, in writing, from the Corps Regulatory Division. 7 7. The Permittee shall maintain a copy of this permit on all vessels used to dredge, transport and dispose of dredged material authorized under this permit. 8. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) TEL: (510) 437 -2980 E -mail: dllLNMCauscg:mil Website: http: / /www.uscg.mil /dplh=equest.asp U.S. Coast Guard, Sector LA -LB (COTP) TEL: (310) 521 -3860 E -mail: john.p.henniganCauscg.mil A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e -mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in the operation (name, size and type). S) VHF -FM radio frequencies monitored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: ZMariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made.1 B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. C) Should the Permittee determine the work requires the temporary placement and use of private aids to'navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. D) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement,:and mooring to the appropriate COTP. 9. The Permittee shall ensure that the captain of any hopper dredge, tug or other vessel used in the dredging and disposal operations, is a licensed operator under USCG regulations and follows the Inland and Ocean Rules of Navigation or the USCG Vessel Traffic Control Service. All such vessels, hopper dredges or disposal barges or scows, shall have the proper day shapes, operating marine band radio, and other appropriate navigational aids. 10. The Permittee's contractor(s) and the captain of any dredge covered by this permit shall monitor VHP -FM channels 13 and 16 while conducting dredging operations. 11. Upon request the Permittee and its contractor(s) shall allow inspectors from the Corps Regulatory Division, EPA, and(or) the USCG to inspect all phases of the dredging and disposal operations. 12. Upon request, the Permittee and its contractor(s) retained to perform work authorized by the permit or to monitor compliance with this permit shall make available to inspectors from the Corps Regulatory Division, EPA, and(or) the USCG the following: dredging and disposal operations inspectors' logs, the vessel track plots and all disposal vessel logs or records, any analyses of the characteristics of dredged material, or any other documents related to dredging and disposal operations. 13. The permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 14. If a violation of any permit condition occurs, the violation shall be reported by the Permittee to the Corps Regulatory Division within twenty-four (24) hours. If the Pemuttee retains any contractors to perform any activity authorized by this permit, the Pemlittee shall instruct all such contractors that notice of any violations must be reported to the Permittee immediately. 15. When using a hopper dredge, water flowing through the weirs shall not exceed 10 minutes during dredging operations. The level that a hopper dredge can be filled shall not exceed the load line to prevent any dredged material or water from spilling over the sides at the dredging site or during transit from the dredging site to the disposal site. No hopper dredge shall be filled above this predetermined level. Before each hopper dredge is transported to the disposal site, the dredging site inspector shall certify that it is filled correctly. 16. When using a disposal barge or scow, no water shall be allowed to flow over the sides. The level that a disposal barge or scow can be filled shall not exceed the load line to prevent any dredged material or water from spilling over the sides at the dredging site. No disposal barge or scow shall be filled above this predetermined level. Before each disposal barge or scow is transported to the disposal site, the dredging site inspector shall certify that it is filled correctly. 0 17. The Permittee shall use an electronic positioning system to navigate at the dredging site. The electronic positioning system shall have a minimum accuracy and precision of +/ -10 feet (3 meters). If the electronic positioning system fails or navigation problems are detected, all dredging operations shall cease until the failure or navigation problems are corrected. Any navigation problems and corrective measures shall be described in the post - dredging completion report per Special Condition 21. 18. The Permittee shall submit a post - dredging completion report to the Corps Regulatory Division within 30 calendar days after completion of each dredging project to document compliance with all general and special conditions defined in this permit. The report shall include all information collected by the Permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain as required by the special conditions of this permit. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit shall be explained in detail. The report shall further include the following information: A) Permit and project number. B) Start date and completion date of dredging and disposal operations. C) Total cubic yards disposed at the POLB Middle Harbor CDF. D) Mode of dredging. E) Mode of transportation. F) Form of dredged material. G) Frequency of disposal and plots of all trips to the POLB Middle Harbor CDF. H) Tug boat or other disposal vessel logs documenting contact with the USCG before each trip to the POLB Middle Harbor CDF. D Percent sand, silt and clay in dredged material. J) A certified report from the dredging site inspector indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. 10 A detailed post - dredging hydrographic survey of the dredging area. The survey shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the pre - dredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to prepare the post - dredging survey shall be the same methods used in the pre; dredging condition survey. The survey shall be signed by the Permittee certifying that the data are accurate. L) The post - dredging report shall be signed by a duly authorized representative of the Permittee. The Permittee's representative shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision. The information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 10 Cultural Resources 1. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Steve Dibble at 213 -452 -3849 or John Killeen at 213 - 452 - 3861). The Pemuttee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re- authorizes project construction, per 36 C.F.R. section 800.13. Essential Fish Habitat: 1. The permittee shall implement and abide by the WQMP Plants protective measures (turbidity cu.rtain/monitoring and landfill disposal) per the email from the National Marine Fisheries Service (NMFS) Essential Fish Habitat (EFH) consultation submitted to the Corps per NMFS email dated October 20, 2010. If a turbidity plume is evident onsite in non - compliance with the Section 401 water quality certification then the permittee shall immediately contact the Corps and the California Regional Water Quality Control Board -Santa Ana Region and the Permittee shall formulate a plan to address potential water quality impacts and submit the plan for approval by the Corps and the California Regional Water Quality Control Board — Santa Ana Region. Until the plan is approved, it may be necessary to cease in water work activities. Coastal Zone Management Consistency Determination: 1. The permittee shall implement and abide by the final California Coastal Commission (CCC) Coastal Development Permit No. 5 -10 -162 for the City of Newport Beach as confirmed by the Coastal Zone Management consistency approval email from Mark Delaplaine dated February 1, 2011. POLB and Corps approval of use of Middle Harbor CDF: 1.The permittee shall not initiate construction until the Corps has received the final POLB written approval, consisting of a signed Memorandum of Agreement between the Permittee and the POLB and a fill plan approved by the POLB and the Corps has issued a Notice to Proceed specifically authorizing discharge at the POLB Middle Harbor CDF. Section 401 Water Quality Certification from the California Regional Water Quality Control Board — Santa Ana Region: 1. The permittee shall implement and abide by the Section 401 water quality certification issued by the California Regional Water Quality Control Board — Santa Ana Region to the City of Newport Beach dated September 21, 2010. 11 Further Information: - 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (x) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403). (x) Section 404 of the Clean Water Act (33 U.S.C. 1344). Q Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law_ b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit 12 b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. 13 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. PERM=E I�M� This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. Robert R. Smith Jr., P.E. Senior Project Manager, South Coast Branch Regulatory Division DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE 14 DATE SOURCE: Drawing prepared from Google Earth Pro K09. {'gym Not to Scale Figure 3 Project Location Rhine Channel Contaminated Sediment Cleanup id,ZzI??rx,.... - �u�,_..a. -..�.: -..a., •> ns , • .e.. 35E:s+i�"�u'..' .tLeG:;.t7n raSRa dFxFil'v l SOURCE: Basemap prepared from City of Newport Beach GIs files. LEGEND: NOTE: Temporary moorage areas are located throughout Lower +?"' Proposed Project Area Newport Bay. 0 1000 - -•- Pierhead Lines (Approximate) Scale in Feet "•n` -.�' tia`Fi^�,:.a�•�. . nx.r.. c ..z:t2�- c ,�R�ri:•„r »':5':g'�e^r— '-.�' -'................ ANCHOR QEA Figure 1 Proposed Project Area Rhine Channel Contaminated Sediment Cleanup rm'I I (KF O :1V.wAU lmX1NII4PIDn:m ' rq. I:oRINXCIm (unVClm � \ .:: 1 vcNiY) n: P ]Ln9E5L26 (l6:FAV � ;Q r . •: FA[FMS:ANALL A rgs FCw Eoslcna: q i t \ \. .�j:�yyy__ FI. RCi � . `Ri 3 1 ❑ OtIVSWE IL°NINC(°niD(IGD ISFFNGiE61 N:LV S!°Pf � tr[Plm � \ - 1 p j CMl°ENRft°AD IEEL lIpR 6) I f� m .. Nil ". KEY MAP 11. i J YWYi) 19� 1 By' A' ! `Ai Y C 4 6T'jy9� - P�rE'iy{ y i- 'l..I4 T�F C rt( %^f {A l IE4WS E fFl1TN4BI.M1T1ECPlCfOx(°U]S 1L.Y P i' t ttup t y l y.n '7l 82+ ?t Yk4 '..iG UC.J"]r"' `i.+ �` 4 _FtY"+c1•'JEFln§J JH LM. ��D \7 'Y Y �tY .Ul y f 17 .J ry L3fluvv F -� q pj17X4F1ui1\Ll9aK k ] ter! t. � v 1 �-8-- 4 r'y ? 4 0 ','fM rg `'�i. Yx� LI, T ,•-S.§ J - ACIEC�{i jtF3lrv� 'f ` ? raII1 -�' - -- PEO[Rµepw,RigneN.:xn•Lu 11Vi .y,Y f! 4 l-lv 1 i QR12 iq<Ui. ca•F t 1 lL 1 IF ?•i'_ X �i- sWVau x� :�"E�kh z 4f 0..i^ ]-S '�sSa -•7A t �-d� x ] xi as .T r 11 ) L p Pn01[411 uns f y -.r%'t YfY ff? + s.'k. 0'a n Y X � V 4t4 (� s- i• „L,"tt I ii � �'�. N �a '� rti 3 � �. i 1• u� ]:k`ri� y'.3y[ ,l� 1 }+ -J' 6�( °R[WIiM.iV SIGP[ISEiMiF 61 c'. -Fri- x>' C 1D "fS f �} lF+e`l 1'�11.t �- i`,LIA Q ..iuvnn,u,rnmEn umus yly T \' J•'-' - ,i } r OWEO°gNi Et1VA'gM r -s IIgl V L ti4'L'9u�' Y V— F �f-✓' S )l l.' ` T'r R", *I- VL YY.'VL- qqq 4 1 1 Y Y Q ..,r Y V i C+ SMLEi IOWUM (. &y I} {I t- %'x oppE °G6iq 1EiD 1!W '.{v1 1 ! N� tg} � s. `F' J ;�S o X °E IIGEi°219 MLLVJ \I cX � i ; l 1`�M 1 r 'Ap'( �.�' jf A wMROI [Cpno xnlE . 1 Y 3 P Y Y � fi F 1( F l q. R la• k Y �l. i J I 1 Y f � ..rill ! i- i YV•J[tt'uL.JI `Y�2C Ptl1i��(.� .R.- 4i _- 41}-�M � "h'�T Vy T .i(l�+$ � -1 - � "11u' . r']Dr I" „1 j4 u'GSn"I '� to i1 vA, fs:iE[i"!1 y 1-�''. 13...4 a •�,} ..s °y( ) I ! 1 � I } I I_ 1. G AiNYA1fiXIE5Al2YaFR °nMi°RGµA4g1AX0 1 _ _ ( •. � �/ nRYiXiA11°pAR1LYG.°X WXI IEAN°D. SOID. . n i..• % l: •f ,�. •. `��� -�. .. .r.•. -- Yl.. I. NMR0.VLq °ABRM:GN4fMRS1ARPWi[I4NC ' ... .. �...� ..._� 6EbRiXAM@!WIMNAf IMMIO(ttr. 1 Vp1 (IWpiNN:MFAXI4V6XUiWWAIiRIMUWI. J "" <X:EV n°P( EN'1VSLOPF 0. QPP<S1RYY.9 PtENR4E 114ARVfi LW VI(RWALEIISiiULiVY L; (S W�SI(QMCFAENOX � RE[N°i[6I ISEENUREI AEna1PX °i°4MNRtIPTAIXE4MUMiXF(T'O( 11[W1°I((BFALX ANB IMY X°i PV11GR CWRWI (pXalpY:i C411iMR4R1NALL(LLW 4SR6Y iliL � C nwm CE fgw IC°NCMCM Wpm (XE °PSGWAIt ILbXLM400. i°iR14 f°Vn W`E4V''glbng0.lUnFS M'41' T6G'WlIY:4 Td P'ECIM I 1. IWF1AXn5iR[FTBfSEAUPO1iIJXE4 x PPN [Ytt 94Mfi1Y °(N:WPOnf FtAEli 411 Eµf. � o� I �.t° 4p P°� 6. 6YiRA4pt1XµLFX51iR [NO6U46f°miPlip i� � -N (vBilY4 ilR4RVRti <� ANCHOR NCH�J A ! OR RHINE OLNLNFI CTIMfMINNTFDSFDIMENfQFAtlui c GS QEA K-t� i.v GREGGWGPIAN (6TATGN516b4T03GW°7 6 p� GROBFXx I t 6) �GFWOMM MUKELUM M�GGANGN AY ............. M"., ...... NP .......... ......... FWVAAL.NVIUK -10 z ........ . .... . ... OR rmv�u- �mnnulahaxxuff (awalp YDV7H IF. An °X :dO "MyMEDMOUM PF u ..0 NOWAYASIF- EROEM 0 1. yl pl. S d0 FtOEi- SECTION a. IM CFFf F REWPOR AG. O T SE� I nEL S. E.W..R FHA. 116°9[ 0 TO 1. f t 20 .�I�..A..GTMDOE IXAIwSiNi[AM Z 0 s. <DrwcroxoMUUx10rtnmvwonn . n°Xs MIONGMUOMR: I.AFVM.O�FM ....... ... EMO.0 VFMMLEO�EROV� QO d0 I d0 ANCHOR C-9 mll wrCU CROSS SECIZONS JRHI:IE MANNEL DREDGE AREM) S 10 Z(GGE- I I I UPPER .11PORT Y)' & 9F R-57-if zt, p T;5` Al� U 01 wglnPArea Mir h-: E ores ti 6� -gt �-X ;Y -M z13, I. %ai: tN . 4V LMM�i. M-Ut 11 - o vx � 'e, X 51. ni (`5 t LEGEND; JA Proposed City Dredging Area (PrGjcet Areal 114X; x 0 City Areas Not Proposed for Dredging Federally Managed NaVigatlon Area (Approximate) - Attlmd, 4 Maintained and Proposed for Dredging c A 0 sll! ..1.1 Federally Managed Petellf.tiont Are. (A,,roxhoete) - Nor Currently 4d Viabualnedand Not Proposed for Dredging Fiji ijj� Federal P,.Is,t Urns (Ap,I.Arrade) na ek)" sDUBCF: Base Ti d from Gas ties obtained from the GRv of Ne,,00ft I eeadi and rite ==p,o,!d.d by the USACE. Figure 2 USACE and Proposed Ciry Lower Newport Bay Dredging Areas tzANCHOR 0 ism Rhine Channel Contaminated Sediment Cleanup QEA S.,e'e Fee, LD 0 -]0 6 S ao -m o•oo - A \ Cross Section ng6 a�'misa 'sY m amp e Cross Section ng.6 °<im sa�iEG, i .�v Typical Cross Section 3 of a 3 F CIO � s` so m a. LEGEND Color Thickness of Proposed Dredge Cut in Feet 0 tot I to ' s.ne,e J6e �A P'<me,a We E 4 t.5 ® St.6 ® 6to7 7.8 ato9 9ormore y %, � 103AL+ _CCS Pepuir<OCrtale C4raYan —� I y _____ -. .._,_y��__.r ��. / ._ .]C Y 1'V+b1NL+w,Ck Oued<p:M1� l'lllompaldl ae w-W<WeN<pN� f .....__._ .__.._..... _.�...._...._....___._. _...1.._ ............._. 1 i ...........1 .,a ' ` 1 . I I so 3W0 3,tl1 a,m aMa LD 0 -]0 6 S ao -m o•oo - A \ Cross Section ng6 a�'misa 'sY m amp e Cross Section ng.6 °<im sa�iEG, i .�v Typical Cross Section 3 of a 3 F CIO � s` so m a. LEGEND Color Thickness of Proposed Dredge Cut in Feet 0 tot I to 2to3 �A 3to4 E 4 t.5 ® St.6 ® 6to7 7.8 ato9 9ormore SDDaCIL omvin8 Prepared frmm mt.oson provNed on RBore 6. 9ar6yon., P:aeided by dre DSACt dned March a. MS. HORIZONTAL DATUM: Calllorria State Plan, Zone N, NA083. VEeUCAL DATUM: Mean Lower Low Water IMUWI. 0 60 scant to Gea f.°'w..�.vF�u'E^�"1a.: CSC' T13ii::^... SLTe2:.^ r: 2.^ rL:_ ��y1T...."'!- �ctr•'. ws mwa-.• x��.1 5+. 9." iL' 3:' �3iu' �Ri[: �PLA'£- �'� ^.:? @xT_M�-S�u'r'�"?. Figure 7 ANCHOR Sections of Conceptual Dredge Plan in the Rhine Channel n Rhine Channel Contaminated Sediment Cleanup QEAu"; SOURCE: Drawing prepared from Guogle Earth Pro 2009. 0 Not to Scale Figure 4 Middle Harbor Confined Disposal Facility Fill Site and Example Barge Haul Route VG QEA ANCHOR Rhine Channel Contaminated Sediment Cleanup 110 COASTAL DEVELOPMENT PERMIT CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 200 Oceangate, 10th Floor Long Beach, 90602 -0302 (562) 590 -5071 1 Date: January 21, 2011 www,coastat.ca.9cv Permit Application No.: 5 -10 -162 Page: 1 of 10 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) { Mdii THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ( "CDP "). A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all of the Special Conditions for this permit is attached. The Commission's approval of the CDP is valid for two.years from the date of approval. To prevent expiration of the CDP, you must fulfill'the "prior to. issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On January 12, 2011, the California Coastal Commission approved Coastal Development Permit No. 5- 10- 162,.requested by City of Newport Beach subject to the attached conditions, for development consisting of: Approximately 150,000 cubic yards of dredging to remove contaminated sediments from Rhine Channel and three (3) nearby locations where the sediments have migrated; placement of sediments in the Port of Long Beach (POLB) Middle Harbor Confined Disposal Facility (CDF); and remove and replace approximately 125 -150 piles and portions of docks in same existing configuration to accommodate dredging. More specifically described in the application file in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. The development is within the coastal zone at Rhine Channel & portions of areas in lower Newport Bay adjacent to Marina Park, American Legion & the 15th Street Pier, City of Newport Beach (Orange County). 1Y NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Permit Application No.: 5 -10 -162 Page 2 of 10 If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5 -10 -162, Please contact the Coastal Program Analyst identified below. Sincerely, PETER .DOU LAS EXle Zi it t By: Fernie Sy Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. , -27111 Date Permittee Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent,. acknowledging receipt ofthe permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 401 WATER QUALITY CERTIFICATION REGIONAL WATER QUALITY CONTROL BOARD California Regional Water Quality Control Board Santa Ana Region Linda S. Adams 3737 Main Street, Suite 500, Riverside, California 92501 -3348 Phone (951) 7824130 • FAX (951) 781 -6288 • TDD (951) 782 -3221 Arnold Schwamenegger Secretaryfor www.waterboards.ca.gov /sanlaana Governor Environmental Protection September 21, 2010 Mr. Chris Miller Harbor Resources Manager City of Newport Beach Harbor Resources Division 829 Harbor Island Dr. Newport Beach, CA 92660 CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR THE RHINE CHANNEL DREDGE PROJECT, CITY OF NEWPORT BEACH, CA Dear Mr. Miller: On July 22, 2010, we received an application from the City of Newport Beach (Applicant) for Clean Water Act Section 401 Water Quality Standards Certification (Certification) for the proposed dredging of the Rhine Channel (Project). This letter responds to your request for certification that the proposed Project, described in your application and summarized below, will comply with State water quality standards outlined in the Water Quality Control Plan (Basin Plan) for the Santa Ana River Basin (1995) and subsequent Basin Plan amendments: Project description: Dredging a total of approximately 150,000 cubic yards of contaminated sediment from the Rhine Channel and portions of the area adjacent to Marina Park, the American Legion, and the 15th Street Pier located within Lower Newport Bay. The sediment has been determined to be unsuitable for unconfined ocean disposal under Regional General Permit (RGP) 54, issued by the U.S. Army Corps of Engineers (USACE). The material will be dredged using a mechanical dredge and an excavator dredge and will be beneficially reused as fill material for the Port of Long Beach Middle Harbor Project. The material will be conveyed via scow to the Port of Long Beach. Work will occur during a period of 4 to 5 months beginning late 2010 or early 2011, dependent upon the Port of Long Beach project timeline. The dredge site is located within an un- sectioned portion of Township 6 South, Range 10 West, of the U.S. Geological Survey Seal Beach, California, 7.5- minute topographic quadrangle map (33.61525 degrees N/ - 117.927689 degrees W). California Environmental Protection Agency n Recycled Paper Mr. Chris Miller - 2 - September 21, 2010 Receiving water: Fill area: Dredge /Fill volume: Federal permit: Pacific Ocean and Lower Newport Bay N/A approximately 150,000 cubic yards (18.2 acres at the dredge site). Individual U.S. Army Corps of Engineers 404 Permit — Permit number not available Should the proposed Project impact State- or federally - listed endangered species or their habitat, implementation of measures identified in consultation with the U.S. Fish and Wildlife Service and California Department of Fish and Game will ensure those impacts are mitigated to an acceptable level. The Project is subject to a permit from the U.S. Army Corps of Engineers in compliance with Section 404 of the Clean Water Act. Pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15096, as a responsible agency, the Regional Water Board is required to consider an Environmental Impact Report (EIR) or Mitigated Negative Declaration (MND) prepared by the lead agency in determining whether to approve a Section 401 Certification. A responsible agency has responsibility for mitigating and avoiding only the direct and indirect environmental effects of those parts of the project that it decides to carry out, finance, or approve. Further, the responsible agency must make findings as required by Section 15091. The City of Newport Beach adopted and approved a Mitigated Negative Declaration for the Project on July 27, 2010. In the issuance of this Certification, the Executive Officer has considered those sections of the City's MND that relate to water quality. Based on the mitigation proposed in the MND and the conditions set forth in this Certification, the Regional Water Board independently finds that measures, changes or alterations have been required or incorporated into the Project that avoid or substantially lessen impacts to water quality and that beneficial uses will be protected. This 401 Certification is contingent upon the execution of the following conditions: The discharge of trash and debris into waters of the U.S., which may cause nuisance or adversely affects beneficial uses, is prohibited. 2. A water quality monitoring plan (WQMP) shall be developed and implemented to document compliance with the requirements specified in condition 3, below. The WQMP is required to include a Sampling and Analysis Plan (SAP) and a Quality California Environmental Protection Agency Z�� Recycled Payer Mr. Chris Miller -3- September 21, 2010 Assurance Project Plan (QAPP) that are State Surface Water Ambient Monitoring Program (SWAMP)'- compatible. The WQMP, SAP and QAPP must be implemented upon Regional Board staff approval, and prior to Project commencement. 3. The Project shall comply with the following: a. The sampling parameters established in the WQMP /SAP shall include the constituents for which numeric targets are specified in the U.S. EPA Toxics TMDLs2 for the Rhine Channel, at a minimum. b. Project activities must not depress the dissolved oxygen content of receiving non -ocean waters (i.e. Rhine Channel and Lower Newport Bay) below 5 mg /L as a result of controllable water quality factors. When natural dissolved oxygen content is less than 5 mg /L, the discharge must not cause further depression. c. Project activities must not raise the pH of receiving non -ocean waters above 8.6 or lower pH below 7.0 as the result of controllable water quality factors; ambient pH levels must not be changed by more than 0.2 units. Project - related activities shall not cause the background natural turbidity, as measured in Nephelometric Turbidity Units (NTUs), in receiving non -ocean waters to be increased by values greater than the following Basin Plan objectives at a distance of 100 feet from the activity: If natural turbidity is between 0 and 50 NTU, the maximum increase shall not exceed 20% of the measured natural turbidity. 2. If natural turbidity is 50 to 100 NTU, the increase shall not exceed 10 NTU. 3. If natural turbidity is greater than 100 NTU, the maximum increase shall not exceed 10% of the measured natural turbidity. 4. The U.S. Army Corps of Engineers3 indicate that the Clean Water Act Section 404 permit for this Project will include conditions that will govern the transport of the dredged sediments from Newport Bay to the Port of Long Beach. Additionally, the 1 SWAMP - compatible QAPP template is found at: http: / /www.waterboards. ca.gov /water_issues /prog rams /swamp /does /qapp /2008_gapp_temp late.doc 2 This document is located under San Diego Creek, Newport Bay Toxics TMDL at: http: / /www.epa.govlregion9 /water /tmdl /final.html 3 Email from Robert Smith, U.S. Army Corps of Engineers to Wanda Cross, Santa Ana Regional Water Board on September 16, 2010. California Environmental Protection Agency p Recycled Paper Mr. Chris Miller - 4 - September 21, 2010 Applicant shall implement appropriate best management practices (BMPs) including but not limited to those identified in the MND, to ensure that spillage is minimized to the maximum extent practicable during the transport of dredged material from Rhine Channel to the Port of Long Beach. 5. Any suspected violation of these conditions must be reported to Regional Water Board staff by email within 24 -hours of discovery. The monitoring plan and records of monitoring activities must be maintained on site for the duration of the proposed discharge and be available for inspection by Regional Board staff. 6. This Water Quality Certification is subject to the acquisition of all local, regional, state, and federal permits and approvals as required by law. Failure to meet any conditions contained herein or any the conditions contained in any other permit or approval issued by the State of California or any subdivision thereof may result in the revocation of this Certification and civil or criminal liability. 7. The Applicant must comply with the requirements of the applicable Clean Water Act Section 404 permit. Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions: Every certification action is subject to modification or revocation upon administrative orjudicial review, including review and amendment pursuant to Section §13330 of the Water.Code and Article 6 (commencing with Section 3867) of this Chapter. 2. Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. 3. Certification is conditioned upon total payment of any fee required under this Chapter and owed by the Applicant. If the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Regional Water Board may require the applicant to submit a report of waste discharge and obtain Waste Discharge Requirements. California Environmental Protection Agency lCD p Recycled Paper Mr. Chris Miller - 5 - September 21, 2010 In the event of any violation or threatened violation of the conditions of this certification, the holder of any permit or license subject to this certification shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any State law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. Violations of the conditions of this certification may subject the applicant to civil liability pursuant to Water Code section 13350 and /or 13385. This letter constitutes a Water Quality Standards Certification issued pursuant to Clean Water Act Section 401. 1 hereby issue an order certifying that any discharge from the referenced project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003- 0017 -DWQ (Order No. 2003-0017 - DWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received Water Quality Certification" which requires compliance with all conditions of this Water Quality Standards Certification. Order No. 2003- 0017 -DWQ is available at: http: / /www.waterboards.ca.gov /water issues /programslcwa40l /docs /generalorders /go_ wdr401 regulated_projects.pdf Should there be any questions, please contact Wanda Cross at (951) 782 -4468. Sincerely, V. /f KURT V. BERCHTOLD Executive Officer cc (via electronic mail): U. S. Army Corps of Engineers, Los Angeles Office — Larry Smith U. S. Army Corps of Engineers, San Diego Office — Robert Smith State Water Resources Control Board, OCC — David Rice State Water Resources Control Board, DWQ -Water Quality Certification Unit — Bill Orme U.S. EPA, Supervisor of the Wetlands and David Smith Regulatory Office WTR- 8 — Eric Raffini California Environmental Protection Agency gp Recycled Paper APPENDIX B DISPOSAL ACCEPTANCE LETTER AND SAMPLE MEMORANDUM OF AGREEMENT i October 18, 2010 Mr. Chris Miller City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Application for Placement of Dredged Material in the Port of Long Beach Middle Harbor Fill Site — Rhine Channel Contaminated Sediment Cleanup Project Dear Mr. Miller: The City of Newport Beach (City) recently submitted an application to the Port of Long Beach (Port) to place approximately 150,000 cubic yards (cy) of dredged material from the Rhine Channel Sediment Cleanup Project into the Middle Harbor Slip 1. The Port has completed the review of third party applications and, based on our review of your application submittal, we are pleased to inform you that your project qualifies for placement in the fill site and is conditionally approved for placement in Layer 1 of the fill. Attached is the preliminary list of projects tentatively accepted for the fill, with corresponding placement locations and schedule information. The Port will be presenting the results of the application process and the tentative fill plan to the Contaminated Sediment Task Force (CSTF) for comment and discussion. The Port will then consider CSTF's input and finalize the fill plan in consultation with the individual applicants. The City will be notified of the date and location of the CSTF meeting once it has been scheduled. This conditional approval for Rhine Channel Sediment Cleanup Project material is based in part upon the City of Newport Beach fulfilling the following requirements: • Obtain all required entitlements. • Meet the established placement schedule for this project. Ensure that project funding, insurance requirements, Memorandum of Agreement, and other related documents have been satisfied. • Develop a project - specific fill plan with Port engineers. Mr. Chris Miller October 18, 2010 Page 2 As stated in the City's letter to the Port dated September 10, 2010, submit a final dredge design and disposal plan that isolates an approximately 10- foot -by -l0 -foot area (bounded by the most recent core samples) that may contain hazardous material, and dispose of that material elsewhere. Thank you for your participation in the application process. If you have any questions, please c ,pntact Matt Arms or Jarma Watanabe at (562) 590 -4160. Richard D. Cameron Director of Environmental Planning JW:s Attachment Approximate Elevation (ft) +15 to +45 +8 to +15 -5 to +8 -15 to -5 20 to -15 Granular Layer < -20 fl Berm < -20 Middle Harbor Fill Site: Tentative Fill Plan Off -Site Material — Phase 1 Fill Layer Tentative Projects for Each Layer Estimated Source Volume (cy) I Estimated Total Volume (cy) Tentative Timing of Fill Availability Borrow Site i 500,000 7 700,000 After Dec 2012 Western Anchorage _Storage Site 200,000 6 I Western Anchorage Storage Site 300,000 300,000 Sept to Dec 2012 LA County, Marina del Rey, Areas 1 -6 116,000 5 LA County, Marina del Rey, Areas 7 -9 — 108,000 531;000 May to Aug 2012 Port of Los Angeles, China Shipping Surcharge 307,000 j Eagle Rock Aggregate, Port of Long Beach D44 6,000 100,000 Misc. Port of Long Beach Projects City of Long Beach Colorado Lagoon 4 70,000 300,000 Jan to Apr 2012 City of Long Beach Alamitos Bay 41,000 LA County, Marina del Rey, Areas 7 -9 83,000 3 LA County, Marina del Rey, Areas 1 -6 164,000 164,000 June to Dec 2011 2 - i LACounty, Marina del R.ey, Areas 7 -9 _ ..�, n%o0t1 100,OOD, Juaie to D >c iil I MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF LONG BEACH, ACTING BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS THIS MEMORANDUM OF AGREEMENT ( "MOA ") is made and entered into, in duplicate, as of the date executed by the Executive Director of the Long Beach Harbor Department ( "Executive Director "), by and between the CITY OF LONG BEACH, a municipal corporation, acting by and through its Board of Harbor Commissioners ( "City ") pursuant to authority granted by said Board at its meeting of 2011; and the CITY OF NEWPORT BEACH, a municipal corporation ( "Third Party "). 1. Recitals. This MOA is made with reference to the following facts and objectives: 1.1 City's Middle Harbor Redevelopment Project ( "Middle Harbor Project ") is a complex, multi - phase, time - sensitive project that is expected to be constructed while container terminals remain in operation. 1.2 One of the early, essential components of the Middle Harbor Project is the placement of fill in the areas known as the Slip 1 fill area and the East Basin fill area following the construction of two containment dikes, as further described herein and in City's Middle Harbor Redevelopment Sediment Management Plan ( "Middle Harbor SMP "). 1.3 Unlike a typical dredge disposal location, the Middle Harbor fill site is an early, key component of a much larger, time - critical redevelopment project. The timing of the placement of fill is critical to subsequent terminal construction activities, but is also dependent on the timing of preceding construction activities. As a result, the temporal window for acceptance and placement of fill is both narrow and subject to change as the Middle Harbor Project advances. 1.4 City anticipates satisfying some of its fill material needs from material generated by the Middle Harbor Project and other Port of Long Beach ( "Port") projects; however, in the interest of benefitting the Middle Harbor Project and the region, and furthering the Los Angeles Regional Contaminated Sediment Task Force's ( "CSTF ") policy of encouraging beneficial reuse of contaminated sediments, City is endeavoring to accommodate as much dredge material from third -party (i.e., non -Port) projects as is reasonable given City's fill material criteria, the logistical, technical and environmental requirements of the Middle Harbor Project I. I PROJECTS 'C,II OF Now;-;M SOJpnWpine CnannolConlominalml SCIIIn1nn1 Clppnllp \PIPI16 pnll .Sycc'Spec'APpenpiv.n'AppnnJix B AGR_CITY OF NEWPORT BEACH 0126, 1.000AN INW2N 1.11DOLE HARBOR B" PARTY WA NEVIPORT BEACH (TMol and the requirements of Applicable Laws (as defined in paragraph 2 below). 1.5 To facilitate identification of suitable third -party fill material, City has distributed Applications (as defined in paragraph 2 below) to potentially interested parties, including Third Party. 1.6 Third Party has submitted an Application to City because it has or expects to have, within the required timeframe, dredge material that it wishes to dispose of and that it believes meets City's criteria and the Middle Harbor Project requirements. 1.7 City, with input from the CSTF, has evaluated the Applications and has selected Third Party as one of the potential sources of third -party fill material. 1.8 Third Party is willing and able to meet City's fill criteria and the Middle Harbor Project requirements, and City is interested in accommodating as much of Third Party's dredge material as is reasonable within the constraints of the Middle Harbor Project, such project's objectives and as is consistent with Applicable Laws, including without limitation the USACE Permit and WDRs issued to City (each as defined in paragraph 2 below). 1.9 The parties now wish by this MCA to set forth all of their understandings regarding the dredge material, and the terms and conditions under which such material may be placed in the Fill Site (as defined in paragraph 2 below). 2. Definitions. In addition to the definitions set forth elsewhere in this MCA, the following capitalized terms and phrases shall have the following meanings for purposes of this MCA: 2.1 "Applicable Laws" is the collective reference to all applicable laws, rules, regulations, requirements, licenses, permits and orders, as may be amended from time to time. 2.2 "Application" is the Port of Long Beach Middle Harbor Fill Site Application for Placement of Dredge Material, as may be amended from time to time in City's sole discretion. The Application submitted by Third Party is referred to herein as "Third Party's Application." 2.3 "Dredge Material" is Third Party's dredge material or any of it as identified and described in the Third Party Fill Plan Memo as being allowed to be placed in the Fill Site. 2 L\PROJECMC11Y 01 NYUpoh BealOANne Channel C...,nalad 9eaimenl Clao n. APlmu .!,.uZOecslApeandiceAppendir tlUGR_CrV OF NEVa1ORT Cv Cl 101]611.000A 1 I.W293 1.11DDLEHARBOR3 PARTYWA NEWFORT BEACH[TLVal 2.4 "Effective Date" is the latest date on which City and Third Party execute this MOA, as set forth on the signature page(s) of this MCA. 2.5 "Engineer" is the Chief Harbor Engineer of the Harbor Department of the City of Long Beach, California, who may be represented on the work by such assistants as may be necessary. Engineer's designated construction site manager shall be an authorized representative of Engineer for purposes of this MOA. 2.6 "Fill Schedule" is the overall schedule established by City for Fill Site construction, dredge material delivery to the Fill Site and dredge material placement/location within the Fill Site, as may be modified from time to time in City's sole discretion as described in paragraph 5. '2.7 "Fill Site" is the confined disposal site into which dredged material is to be placed and contained for disposal within the Slip 1 fill area and the East Basin fill area. The portion of the Fill Site into which Third Party shall place its fill material is set forth in the Third Party Fill Plan Memo (as defined in subparagraph 2.10 below). 2.8 "Governmental Authority" is any nation or government, any state or other political subdivision thereof and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government. 2.9 "Third Parry Delivery Period" is the timeframe within the Fill Schedule during which Third Party shall deliver and place the Dredge Material in the Fill Site, as specified in the Third Party Fill Plan Memo. 2.10 "Third Party Fill Plan Memo" is the document developed by Engineer in consultation with Third Party, detailing the Third Party Delivery Period, the volume, the specifics of the material (chemical and geotechnical) and the placement methods, as such Third Party Fill Plan Memo may be modified from time to time in City's sole discretion as described in paragraph 5. The Third Party Fill Plan Memo as of the date hereof is attached hereto as Exhibit A and incorporated by this reference. 2.11 "Third Party Project" is the dredging origination project - related activities accomplished or to be accomplished by Third Party that involve the testing, permitting, dredging and transportation of material from the origination location for placement in the Fill Site. 2.12 "Third Party's Application" is defined in subparagraph 2.2 above. 3 LIPROJEOT5,01y all N+,Rc t BaaGiWana Gunnel Communoiad 5 Wimanl GaanunPlana and fyon,'Fpa&APPanJiroOAppendix ENGR CITY OF NEWPORT BEACH 01 2-111 DOCP 11-00303 "OGLE HARBOR 3`O PARTY Mop NEWPORT BEACH ITL%bl 2.13 " USACE Permit" is the United States Army Corps of Engineers permit number SPL- 2004 - 01053 -AOA issued for the Port of Long Beach Middle Harbor Redevelopment Project, as may be amended from time to time. 2.14 "WDRs" are the Waste Discharge Requirements (including Order No. R4- 2010 -0020) issued by the California Regional Water Quality Control Board, Los Angeles Region, for the Port of Long Beach Middle Harbor Redevelopment Project (File No. 09 -204), as may be amended from time to time. 3. Placement of Dredge Material. Subject to the terms and conditions in this MOA: 3.1 City agrees to allow Third Party to place the Dredge Material in the Fill Site as set forth in the Third Party Fill Plan Memo. 3.2 Third Party agrees to place or cause to be placed the Dredge Material in the Fill Site as set forth in the Third Party Fill Plan Memo and to comply or cause compliance with the other provisions of the Third Party Fill Plan Memo. Third Party understands and acknowledges that it may be necessary for the Engineer to supplement the Third Party Fill Plan Memo with additional directions as conditions develop in the field, including without limitation directives concerning the movement of Third Party's vessels and equipment within the boundaries of the fill project. Third Party agrees to comply or cause compliance with any such directions. 3.3 Third Party understands and acknowledges that all matters contemplated by this MOA, including without limitation the volume of Dredge Material which may be placed and the deadline by which it must be placed are subject in all respects to the terms and conditions of the USACE Permit, the WDRs and all other Applicable Laws. 4. Limited Delegation of Authority to Engineer. Without in any manner limiting City's discretion to modify the Third Party Fill Plan Memo or any other provisions of this MOA, the Board of Harbor Commissioners hereby grants authority to the Engineer to make changes to the Third Party Fill Plan Memo made necessary by geotechnical engineering requirements, logistical requirements and /or to comply with Applicable Laws. Any replacement versions of the Third Party Fill Plan Memo shall be automatically substituted as Exhibit A of this MOA. 4 LJPROJECTS''Cily cl NuwRoil BuncnlRninc Cnrvmel Colilaminal W Sed -onl CW,In PlPlona -1111 B {rolSpanNPMW icrv.•IAPIn:Win BNGR CITY OF NEWPORT BEACH 01M I OOCAU.UBHJ MIDDLE HARBOR D' PARTY MOA NEWPORT BEACH JTLS Al 5. Fill Schedule, Etc. 5.1 City reserves all rights and discretion with respect to the Middle Harbor Project, subject to Applicable Laws. As such, City reserves the right to develop, establish and implement among other things, the Fill Schedule and the Third Party Fill Plan Memo and the right to establish the Third Party Delivery Period. City agrees to consult with Third Party in developing the Third Party Fill Plan Memo and establishing the Third Party Delivery Period, but it is understood and agreed by both parties hereto that any final decisions shall be reserved to City. 5.2 City reserves the right to modify, in its sole discretion, the Fill Schedule, Third Party Fill Plan Memo and Third Party Delivery Date from time to time as field conditions and the requirements of the Middle Harbor Project warrant and to comply with Applicable Laws. Where possible, City will consult with Third Party in making modifications to the Third Party Fill Plan Memo and Third Party Delivery Period. City also agrees to keep Third Party reasonably apprised of any substantive changes to the Fill Schedule, Third Party Fill Plan Memo and Third Party Delivery Period (including by providing replacement versions of the Third Party Fill Plan Memo as described in paragraph 4 above), however, notwithstanding anything in this subparagraph or the MOA, any final decisions concerning the Fill Schedule, Third Party Fill Plan Memo and Third Party Delivery Date and any changes thereto shall be reserved to City and it shall be Third Party's responsibility to communicate regularly with City to keep itself informed of any such changes and to comply or cause compliance with any such changes. 5.3 Third Party's sole and exclusive recourse by reason of any disagreement with City that is not able to be resolved regarding the Fill Schedule, Third Party Fill Plan Memo, Third Party Delivery Period or any modifications thereto, shall be the termination of this MOA in accordance with paragraph 13. 6. Conditions Precedent. As a condition precedent to City's agreement to allow Third Party to place the Dredge Material in the Fill Site as described in paragraph 3, Third Party shall do or cause to be done, at the earliest time possible and in any event prior to any placement of the Dredge Material, the following: 6.1 Obtain and provide City with copies of all regulatory permits, licenses and approvals for the placement of the Dredge Material in the Fill Site. Said permits, licenses and approvals shall name the Middle Harbor Project Fill Site as an acceptable disposal site. 5 LTROJECTMCily PI NBwNII Bea IRhine CBOnrrN Canlominalzl 5Wimm.. l Cpm.p�Pl.ns ondr.i ,Spec= �APPeneic %A,endm WGR_CITY OF rvEWPORT BEACH 0 t 2611 COCA n.0293 UDDLE HARBOR 3' PARTY WA NEWPORT BEACH [TLSjJ 6.2 Demonstrate to City's satisfaction, including without limitation by providing copies of any documentation requested by City, that the Third Party Project has secured adequate funding and that Third Party has approved a dredging contract. Third Party understands and acknowledges that satisfaction of all conditions precedent is in no way a guarantee that Third Party will be able to place the Dredge Material in the Fill Site or of the quantity of Dredge Material that may be placed. 7. Third Party Affirmative Covenants. Third Party hereby agrees that it shall and shall cause its employees, contractors and agents to: 7.1 Maintain all regulatory permits, licenses and approvals for the placement of the Dredge Material in the Fill Site. 7.2 Comply with all Applicable Laws in the handling and placement of the Dredge Material (including without limitation the extraction, transportation and placement of the Dredge Material), and where applicable assist and facilitate City's compliance with its permits and other Applicable Laws. 7.3 In recognition of the critical importance to the Middle Harbor Project of the timely placement of the Dredge Material, promptly coordinate and cooperate, and regularly communicate with, the Engineer and City's contractors in all matters relating to the placement of the Dredge Material such that the Middle Harbor Project schedule is not delayed or otherwise impacted. Such coordination, cooperation and communication shall include, at minimum, attendance by Third Party's contractors at the Middle Harbor Project's weekly construction meetings relating to dredging and fill activities, starting four weeks prior to anticipated material placement and through the entire material placement process or as otherwise notified to Third Party by City. 7.4 Comply with all Engineer directives, including but not limited to directions to interrupt, delay, stop or modify the delivery of the Dredge Material to and placement in the Fill Site due to water quality issues, safety issues, impacts to City operations, permit compliance, dredge material placement sequencing, and /or other issues pertinent to the Middle Harbor SMP. In any event Third Party shall bear its own standby and delay costs. 7.5 Employ best management practices in the handing and placement of the Dredge Material (including without limitation with regard to the extraction, transportation and placement of the Dredge Material). 6 L WROJECTS \Coy of NOM nn BQPA Rlnne CI annol CONOI innl W $adI ane CleennpWlma Ned Spmv. Spo Jb ypandiCPPWPon dix BfAGR CITY OF NE0.PORT BEACH 013011 BOCAI 1A02F3 IADOLP. HARBOR2" PARTY WA NEWPORT BEACH JTLSIBI 7.6 Upon request by City, provide access to Third Party's records relating to or concerning the handling and placement of the Dredge Material. 7.7 Upon request by City, provide access to Third Party's contractors' construction operations records such as barge and disposal logs related to the Fill Site placement activities to ensure coordination with other construction activities. 7.8 Be responsible for rehandling, relocating and /or retrieving any material which is placed in any location other than that specified in the Third Party Fill Plan Memo or lost during transportation or placement activities, as may be directed by the Engineer or Governmental Authorities, as the case may be. 7.9 Promptly give notice to City of: (A) the commencement of dredging activities for the Third Party Project; (B) the completion of dredging activities for the Third Party Project (at the same time notification is provided to the regulatory agencies); (C) any change in anticipated scheduling of the Third Party Project or Third Party's ability to comply with any provisions of this MCA, including without limitation the Third Party Delivery Period or Third Party Fill Plan Memo; (D) any changes to the information provided to City relating to or concerning the Dredge Material, including without limitation the volume or chemical or geotechnical profile; (E) any litigation, investigation, proceeding or order involving or affecting Third Party or the Dredge Material: and (F) any other matter or information involving or affecting the Dredge Material which heretofore has not been notified to City in writing. 7.10 Furnish to City: 7 L1FROJECT.c idy PI New cn BcocMRpu+ a CnannPl CPnmininnlN Secimenl ClvnmPY+lans PnU SPecASPV APWdicm,6PPenCie BVGR CITY OF NEWPORT BEACH 012611.000E 11.0026] IAOOLE H -RBOR ;­PARTY 1.104 NEWPORT BEACH ITLbPI (A) as soon as available, but no later than concurrently with Third Party's execution of this MOA, copies of all bathymetric surveys and dredge designs; (B) as soon as available but no later than concurrently with Third Party's execution of this MOA, copies of all sampling, analytical and technical data and reports relevant to assessment of the suitability of Third Party Project material for placement and disposal in the Fill S ite; (C) as soon as available but no later than concurrently with Third Party's execution of this MOA, any other test results, reports or data relating to or concerning the Dredge Material; (D) prior to the placement of any Dredge Material in the Fill Site, copies of the permits, licenses and approvals referred to in subparagraph 6. 1, together with any regulatory correspondence; (E) any information generated by or caused to be generated by Third Party for regulators concerning the Dredge Material or Third Party Project; (F) any information which may reasonably be expected to need to be incorporated into City's Middle Harbor Project documentation or documentation to comply with City's permits. In the event of any doubt, Third Party shall promptly consult with City. (G) within thirty (30) days after Third Party's notification to the regulatory agencies of completion of the pertinent dredging activities, copies of Third Party's calculation of the total in -situ dredged material volume, and all information relevant to such calculation, including without limitation all bathymetry surveys and other information; and (H) any other information reasonably requested by City, including without limitation barge information and transportation logs. 7.11 Work in good faith with City to eliminate or minimize standby and delay costs which may be incurred to accomplish the placement of the Dredge Material in accordance with the Fill Schedule. 8 L PROJECT59ily 0INwPO11 8canV2Nne CIlennel CoHanilo ]SedolwiI Cluunul�Plana And Speca'Sp,S..A, pond ici%Jppemlia BUGRCITY Of NEWPORT BEACH 012611 DOCA 11 .0030! AIDOLEHAREORJ PARTY AIOA NEV.—,CRT BEACH ITLVal 7.12 Cooperate with any post - placement bathymetric surveys or sampling which may be conducted by City to ensure that placement of the Dredge Material was conducted as agreed upon in the Third Party Fill Plan Memo. 8. Third Partv Negative Covenants. Third Party shall not, and shall not permit any of its employees, contractors or agents to: 8.1 Place any Dredge Material in the Fill Site prior to the satisfaction of all conditions precedent pursuant to paragraph 6. 8.2 Place anything other than the Dredge Material (such as construction debris) in the Fill Site, or otherwise violate the terms of the USACE Permit, the WDRs or any other Applicable Laws. 8.3 Impact, delay, interrupt or hinder the Fill Schedule, Middle Harbor Project schedule, successful construction of the Middle Harbor Project or the ongoing activities of City or the Port, including without limitation any marine terminal operations. 8.4 Engage in any landside activities. 8.5 Engage in any activities inconsistent with the Environmental Impact Report for the Middle Harbor Project ( "Middle Harbor EIR "). 8.6 Engage in any activities that would cause City to violate any Applicable Laws, including without limitation, the USACE Permit and WDRs. 9. No Payment of Monies. Third Party understands that City will pay no monetary consideration for the Dredge Material, but that the benefit to Third Party is City's willingness to accommodate as much Dredge Material as is reasonable in the context of the Middle Harbor Project, subject to the terms and conditions of this MCA. 10. No Liability of City; Assumption of the Risk by Third Party. 10.1 Although City is undertaking in this MOA to accommodate as much of the Dredge Material as is reasonable in the context of the Middle Harbor Project, Third Party acknowledges and understands that the Middle Harbor Project's requirements and schedules are subject to change and /or delay as field conditions develop and as fill from other third parties is placed in the Fill Site. For example, the fill that is placed prior to or concurrently with Third Party's Dredge Material may affect the timing, volume and chemical and structural characteristics of the fill that follows, 0PROJECIS:Pry of NowPon BootlrW II Cli nnul Conlanlooloo Lediine iICI,.rnnp�Plons oro Spec. pegNppomlictsAPPentlie BUGR CITY Of NE'C PORT BEACH 012611,DOCA 1100203 MIDDLE HARBOR} PARTYMOA NE %VPORT[LACH QLVuI MOA: including without limitation eliminating the need for any additional fill. Third Parry understands that it is its responsibility to make, at its cost and expense, such contingency and other plans as it sees fit, including securing an alternate disposal site and negotiating flexibility into its contracts and permits, to be prepared in the event that City's fill material needs and /or scheduling changes. Third Party understands and acknowledges that if it fails to make such contingency and other plans it does so at its own risk. 10.2 Third Party assumes all risks and responsibilities associated with the extraction, transportation and placement of the Dredge Material, including without limitation compliance with all Applicable Laws and rehandling of Dredge Material, injury to crew or contractors and misplaced or lost fill material. 10.3 Third Party understands and acknowledges that City retains all rights and discretion with respect to the Middle Harbor Project. City makes no representations or warranties with respect to the placement of the Dredge Material in the Fill Site, either by virtue of this MOA, any permits, licenses or approvals obtained by either of the parties hereto, or otherwise. 10.4 Third Party understands and acknowledges that nothing in this MOA shall constitute or confer or be implied to constitute or confer a grant of any property right, privilege, permit, license or other entitlement to Third Party or anyone else. 10.5 Notwithstanding anything in this MOA, Third Party understands and acknowledges that all matters contemplated by this MOA are subject to the terms and conditions of City's permits and all other Applicable Laws, as described in subparagraph 3.3 above. 10.6 Neither Third Party nor any other persons shall be entitled to any monies or damages (including without limitation, consequential damages) from City as a result of any matters relating to or arising from this MOA, including without limitation any changes in City's fill material needs or scheduling, such as City's accommodation of less Dredge Material than is contemplated in this MCA or no Dredge Material. Third Party's sole and exclusive recourse by reason of any matter concerning this MCA shall be the termination of this MCA pursuant to paragraph 13. 11. Costs and Expenses. Without limiting any other provision of this 11.1 Third Party agrees that it shall be responsible for all costs, expenses and /or losses associated with the placement of the Dredge 10 LIPROJECTSICiIY of Na+i rl OeaehV I]ino Channel femmminnlon CW Impnl CH,..I,.p\P.nS Am Spoes4Spoa ,PpoiWlce9Appandia B�AGR CITY OF NE'M1PORT BEn CH 012011 COCA u.00N)3 WiOOLENARBOR3` PARTYMOA NEWPORT BEACH ITLE44) Material, including without limitation the extraction and transportation of the Dredge Material to the Fill Site, compliance with all Applicable Laws, any contingency plans, any delays in scheduling or any other circumstances, conditions or changes, whether anticipated or not. 11.2 Third Party further agrees that it shall be responsible, and reimburse City for, all costs, expenses and /or losses incurred by City associated with the placement of the Dredge Material, including without limitation for any delays to the Fill Schedule. Costs, expenses and /or losses incurred by City include, without limitation, out -of- pocket expenses, in -house staff costs, reduced rent, and /or reimbursements. 11.3 Third Party agrees that it shall be responsible, and reimburse City for, for all costs and /or losses incurred by City in connection with surveys, inspections, monitoring and review related to or arising out of the Dredge Material. 11.4 Third Party understands and acknowledges that if all the Third Party Project material is not placed before the end of the Third Party Delivery Period, the Fill Site may, at City's sole discretion, no longer accept the Third Party Project material or acceptance of material may require additional logistical procedures and associated costs in order to receive Third Party's Project material, all of which additional logistical procedures, costs and expenses shall be Third Party's responsibility. 11.5 Third Party understands and acknowledges that once the Fill Site reaches the elevation at which bottom dumping is no longer feasible, rehandling of the Dredge Material including without limitation hydraulic placement (and additional costs and expenses) will be necessary, as further described in the Third Party Fill Plan Memo. Third Party shall be responsible for any planning, costs and expenses associated with such rehandling. 12. Representations and Warranties. To induce City to enter into this MCA and allow Third Party to place the Dredge Material as provided in this MCA, Third Party hereby represents and warrants to City that: 12.1 Except as otherwise notified to City in writing and acknowledged by City prior to the Effective Date of this MCA, all information and materials provided by Third Party to City relating to or concerning the Dredge Material, including without limitation the information set forth in Third Party's Application, is true, complete and accurate. 12.2 Third Party has disclosed to City all material facts concerning the Third Party Project and Dredge Material and not failed to II L JPROJECT5 City of NUVpon 30.¢MRninc Chann0l OOnlonnnaloO GNnnonl Clranul<Plmv; 0n0 B I,U.S n <;NPgmort05dpp0nJix B AGR CITY OF NEWPORT BEACH 012611 COCA 1 1-00203 MIDDLE HARBOR 3- PARTY LIOA NEWPORT BEACH JTL.,aJ disclose any material fact that would cause any representation to be materially misleading. 12.3 The Dredge Material has been designated by all applicable regulators as suitable for placement in a confined disposal facility. 12.4 The Dredge Material does not constitute "hazardous waste" as defined by the United States Environmental Protection Agency or the California Department of Toxic Substances Control. 12.5 The Dredge Material is not encumbered by restrictions, covenants or any other requirements imposed by the State of California or any other Governmental Authority, including without limitation any restrictions, covenants or other requirements having the effect of establishing long -term liability, monitoring and /or maintenance obligations. 12.6 No litigation, investigation, proceeding or order of or before any Governmental Authority is pending or, to the knowledge of Third Party, threatened by or against Third Party or anyone else with respect to the Third Party Project or Dredge Material. 12.7 No claim or litigation of or by any person or non- governmental entity or organization is pending or, to the knowledge of Third Party, threatened by or against Third Party or anyone else with respect to the Third Party Project or the Dredge Material. 12.8 Third Party has obtained and is familiar with the contents of the Middle Harbor EIR, the current version of the Middle Harbor SMP, the USACE Permit and the WDRs, copies of which are on file with City's Director of Environmental Planning. 12.9 Third Party has the power and authority, and the legal right, to make, deliver and perform this MCA. 12.10 This MCA has been duly authorized, executed and delivered on behalf of Third Party. 13. Termination. If not earlier expired, this MOA may be terminated at any time as follows: 13.1 Upon the mutual agreement of City and Third Party. 13.2 By either party, by giving fourteen (14) days' notice to the other party in the event that the parties are unable to resolve a dispute pursuant to paragraph 23. 12 L PROJECTS .Oif..1 rv..,,oitBeacnW nine Cha.,,M CunlominatFd Saflmenl CicntryPlm1P mW Spen'8pecr.'Appenpva;nppeiWix BNGR_LITV OF NEWPORT BEACH 0146\ 1,DOCA11.0028] oADOLE HARBOR J °p PART V 1JOA NEWPORT BEACHJTLSIa) 13.3 City may terminate this MOA by giving Third Party two (2) days' notice upon the breach or default by Third Party (either directly or through a contractor, subcontractor or agent of Third Party) of any covenant, duty, obligation, representation or warranty of Third Party under this MOA and /or any exhibit hereto. Notwithstanding the foregoing, City may terminate this MOA immediately and without any notice to Third Party in the event of a breach or default that City believes in its sole discretion is an imminent threat to the timely, safe or successful completion of the Middle Harbor Project. Additionally, City may terminate this MOA immediately and without any notice to Third Party in the event that City believes in its sole discretion that a violation of an Applicable Law is imminent or reasonably likely to occur. 13.4 Upon any termination (or expiration) of this MOA, Third Party shall immediately cease and cause its employees, contractors and agents to cease all activities, and shall at Third Party's cost, promptly and with all due care, remove and demobilize all equipment, debris and personnel from the Middle Harbor Project site. Third Party shall, at its cost, repair any damage caused by such removal or demobilization and reimburse City for any delay costs attributable to such removal or demobilization. 13.5 Notwithstanding anything contained in the foregoing or elsewhere in this MOA, the obligations and indemnities of Third Party pursuant to paragraphs 10, 11, 13.4 and 15 shall survive any termination of this MOA- 14. MOA Expiration Date. Notwithstanding anything contained in this MOA or any exhibits hereto, including without limitation the Third Party Fill Plan Memo, if this MOA has not earlier been terminated pursuant to paragraph 13, this MOA shall expire on the earliest of the following dates (such date, the "Expiration Date "): 14.1 Five years from the Effective Date; 14.2 February 3, 2015, or other date specified in the WDRs; 14.3 February 28, 2020, or other date specified in the USACE Permit; or 14.4 Upon reaching the applicable volume limits set forth in the USACE Permit, unless and until City in its sole and absolute discretion elects to and approves the extension of the Expiration Date (and, in the case of any applicable regulatory requirements, obtains the necessary approvals or waivers from the relevant Governmental Authority to modify such requirement). Notwithstanding anything 13 LAP FOJECTSMI, PI Ch .... I C..I...neleJ i WmmM CLlanuplPI..¢ oM SPOW SPee[a\IIPeMI[ec.ApPel,!,Y BUGP CITY OF NEWPORT BEACH 012211.000AI I -00203 MIDDLE HARBOR Z' PARTY IJOA NEWPORT BEACH ITL&al contained in the foregoing or elsewhere in this MOA, the obligations and indemnities of Third Party pursuant to paragraphs 10, 11, 13.4 and 15 shall survive any expiration of this MCA. Nothing in this paragraph 14 creates a duty or obligation on the part of City to seek any approvals, waivers, time extensions or otherwise from any Governmental Authorities. 15. Indemnity. Third Party shall indemnify, hold, protect and save harmless the City of Long Beach, the Board of Harbor Commissioners and their officials, commissioners, employees, consultants, advisors and agents ( "Indemnified Parties ") from and against any and all actions, suits, proceedings, claims, demands, damages, losses, liens, costs, expenses or liabilities, of any kind or nature whatsoever ( "Claims ") which may be brought, made, filed against, imposed upon or sustained by the Indemnified Parties, or any of them, alleging any connection with this MOA or activities described or related to activities described in this MOA, including without limitation any activities of Third Party, its employees, contractors, subcontractors or agents. City shall notify Third Party of any such Claim, shall tender its defense to Third Party, and assist Third Party, as may be reasonably requested, in such defense. Upon such notification and tender, Third Party shall have independent duties to defend such Claim, and to indemnify the Indemnified Parties except to the extent that injury, death or property damage is determined by a court of competent jurisdiction to have been caused by the negligence or willful misconduct of the Indemnified Parties or any of them. Payment of a Claim shall not be a condition precedent to an Indemnified Party's right to defense and indemnity. 16. Insurance. As a condition precedent to the effectiveness of this MCA, Third Party shall (or shall cause its contractor to) procure and maintain in full force and effect during the term of the MOA, Watercraft Liability Insurance including Protection and Indemnity with minimum limits of $10,000,000 per occurrence, Jones Act for employees performing services under said Act, and Water Pollution Liability. Water Pollution Liability shall include coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $10,000,000 per loss and $10,000,000 total all losses. Insurance policies will not be in compliance with the MCA if they include any limiting endorsement that has not been approved in writing by City. . The policy or policies of insurance for Watercraft Liability shall contain the following provisions or be endorsed to provide the following: (1) The Indemnified Parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the MOA. Additional Insured Endorsements shall not: 14 I. PROJECTSICay 01 No%Md BM1ICMA111na Channel CoolaminolM Setlimanl Claa uplPlall, am B`AGR CITY OF NEWPOR! BEACH =a11 DOCA11.001t 3 (ADDLE HARBOR 3� PARIY MOA NEWPORT BEACH JTMA] i. Be limited to ongoing operations. ii. Exclude contractual liability. iii. Restrict coverage to the sole liability of Third Party (or Third Party's contractor, if insurance under this paragraph 16 is being procured and maintained by Third Party's contractor). iv. Contain any other exclusion contrary to the MOA. (2) This insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the Indemnified Parties shall not contribute with this primary insurance. (3) The policy shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Executive Director of the Harbor Department except notice of ten (10) days shall be allowed for non - payment of premium. Any deductible or self- insured retention must be approved in writing by the Executive Director and shall protect the Indemnified Parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deducible or self- insured retention. Third Party shall (or shall cause its contractor to) deliver either certified copies of the required policies or endorsements on forms approved by the City ( "evidence of insurance ") to the Executive Director for approval as to sufficiency and as to form. 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 Executive Director. If such coverage is canceled or reduced, Third Party shall (or shall cause its contractor to), within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Executive Director evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. The coverage provided shall apply to the obligations assumed by the Third Party under the indemnity provisions of this MOA but this insurance provision in no way limits the indemnity provisions and the indemnity provisions in no way limit this insurance provision, Third Party agrees to suspend and cease, and cause the suspension and cessation of, all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been approved by the City. 15 CIPROJFCTC.Cily Ol Na 2o,I BeachWlrine Channel ConlarninelW$ Wimenl Clc.InuplPl0n5 dn05 pa cl =Speciv4ppervlice <_i4ppentlix OrAGft_CITY OF NEWPORT BEACH 012611,000AIIA0T33 h11DDLEHARBOR3 PARTYAAOA NEINTORT BEACH JTLCoj Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. If coverage is written on a claims -made basis, the retroactive date on such insurance and all subsequent insurance shall coincide with or precede the effective date of the MOA and continuous coverage shall be maintained or Third Party shall (or shall cause its contractor to) obtain and submit to City an extended reporting period endorsement of at least three (3) years from termination or expiration of this MOA. Upon expiration or termination of coverage of required insurance, Third Party shall (or shall cause its contractor to) procure and submit to City evidence of "tail" coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from termination or expiration of the MOA. 17. Notices. Any notices to be given under this MOA, including without limitation the notices described in subparagraph 7.9, shall be given in writing. Such notices may be served by personal delivery, facsimile transmission or by first class regular mail, postage prepaid. Any such notice, when served by mail, shall be effective two (2) calendar days after the date of mailing of the same, and when served by facsimile transmission or personal delivery shall be effective upon receipt. For the purposes hereof, the address of City, and the proper person to receive any such notices on its behalf, is: Executive Director, Long Beach Harbor Department, P.O. Box 570, Long Beach, California 90801, FAX number (562) 901 -1733; and the address and FAX number of Third Party set forth on Exhibit B attached hereto. 18. Governing Law. This MOA shall be deemed made in the State of California and shall be governed by the laws of said State (except those provisions of California law dealing with conflicts of law), both as to interpretation and performance. 19. Amendments, Waivers and Extensions. Except as expressly provided in this MOA, no modification, amendment or extension, in whole or in part, of this MOA shall be effective unless made in writing by both parties hereto. No waiver shall be effective unless made in a writing by a duly authorized officer or representative of the party whose rights are thereby waived. No waivers shall be implied. 20. Merger; Integration. This MOA, including all exhibits, constitutes the entire understanding between the parties and supersedes all other agreements, oral or written, with respect to the subject matter herein. 16 L 1GROJECTC' ay of Nrvµm Beach Rhine Channel Conlan inaled Sede nenl Oeamipaelmc and SPac'ASpa,A,Aa,;, Lca,;A y ndix BWGR CITY OF NEWPORT BEACH 01_b11 DOCAl I-O 33 MIDDLE HARBORS PARTY MOA NE'HPCRT BEACH JTLS of 21. Relationship of the Parties. Each party hereto represents that it has sought and obtained any appropriate legal advice it deems necessary prior to entering into this MOA. No party shall act or be deemed to act as legal counsel or representative of the other party, unless expressly retained by such party for such purpose, and, except for such express retention, no attorney /client relationship is intended to be created between the parties. Nothing herein shall be deemed to create a partnership or joint venture and /or principal and agent relationship between the parties hereto. Each party represents that the parties hereto have participated jointly in the negotiation and drafting of this MOA. In the event any ambiguity or question of intent or interpretation arises, this MOA shall be construed as if drafted jointly by both parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this MOA. 22. Assignment; Binding Effect. Third Party shall not assign or transfer this MOA without the prior written approval of City. Such approval may be granted or denied in the absolute discretion of City. This MOA shall extend to, be binding upon, and inure to the benefit of the parties hereto and their respective successor, heirs and permitted assigns. 23. Dispute Resolution. In the event of a dispute between the parties hereto, the parties shall make good faith efforts to resolve the dispute through negotiation. If the parties are unable to resolve the dispute, one or both parties may terminate this MOA in accordance with paragraph 13. 24. Order of Precedence. In the event of any conflict or ambiguity between this written agreement and any exhibit hereto, the provisions of this agreement shall govern. 25. Counterparts; Headings. This MOA may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. The headings and sub- headings contained in this MOA are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. [Signature Page Follows] 17 L1PROJECTS.CIIy of Nowyotl BancLWM1ine ChanoW Conlp.omo'tl" S_I on, CIF.o.rwnsnMSp¢Y SM1tt s%ARpoolicceWlpand,x B�AGRCITY OF NE'.'IPORTBEACH 01[L'11 DOCA 11.001f9 LIIOOLE HARBOR J-° PARTY MOA NEPIPORT BEACH ITL:JdI 12011 By: Name: Title: 2011 By: Name: Title: 2011 By: CITY OF NEWPORT BEACH, a municipal corporation THIRD PARTY CITY OF LONG BEACH, a municipal corporation, acting by and through its Board of Harbor Commissioners CITY Richard D. Steinke Executive Director Long Beach Harbor Department The foregoing document is hereby approved as to form. 2011 By: ROBERT E. SHANNON, City Attorney Tiffani L. Shin, Deputy [Signature Page to Third Party Dredge Material MOA] 10 L': Pro, ECT5 UPfl N¢wymt Beu:hlRMnn Ceannxl Cpnlaminalol Setlimcnl Clp.n,,APlure aW Spec9Sppc':AppenOlcauUppendit BUGR CITY Of NE!9PORT BEACH OROI 1.00041 LOON. IADDLEk1.:RBOR3' PARTYMOA NEWPORT BE:ACH(TL &aj EXHIBIT A THIRD PARTY FILL PLAN MEMO [Attached.] 19 C':000Umenb xnd$eniNg ihLlnID_s4'ol'IC402190 OOC A09 03929 RIDDLE HARBOR ]P° PARTY MOA 141S f 01 ITLS1 PENDING: WILL BE PROVIDED ONCE AVAILABLE EXHIBIT B THIRD PARTY'S ADDRESS AND FAX NUMBER [Attached.] 20 C. Dofonls antl Seningnlshiin D04kloP W20219G. DOC A09 03999 MIDDLE HARBOR 3 -PARTY L'AA 15110 1TES] PENDING: WILL BE PROVIDED ONCE AVAILABLE APPENDIX C EXPLORATORY SEDIMENT SAMPLING RESULTS AND CORE LOGS 0 a SOURCE: Drawing prepared from GIS, SID, and bathymetry files obtained from vthe City of Newport Beach. HORIZONTAL DATUM:Califorma State Plane, Zone VI, NA083. m VERTICAL DATUM: mean lower low water (MULW). a ti 0 0 T ANCHOR QEA LEGEND: Bulkhead Line Pierhead Line Bulkhead Location (Approximate) Property Line {1 Sediment Samples (Anchor QEA, 2005) AQ- RC- CPT -XX • AQ- RC -B -XX A O location of Cone Penetrometer Test pone 2010) Location of Over-Water Soil goring pune 2010) Previsously Existing Geotechnical Data (by others, date varier location varies) Sediment Probes (Anchor QEA, 2009) Cr 0 100 200 Scale in Feet Figure C -1 Geotechnical Exploration Locations Rhine Channel Contaminated Sediment Cleanup Sample Description Classification of soils in this report is based on visual field and laboratory observations which include density /consistency, moisture condition, grain size, and plasticity estimates and should not be construed to imply field nor laboratory testing unless presented herein. Visual- manual classification methods of ASTM D 2488 were used as an identification guide. Soil descriptions consist of the following: Density / consistencv. moisture. color. minor constituents. MAJOR CONSTITUENT. additional remarks. Density /Consistency BORING Minor Constituents Estimated Percentage Dry Soil density /consistency in borings is related primarily to the Standard Penetration Resistance. Soil density /consistency in test pits is estimated based on visual observation and is presented parenthetically on the test pit logs. Damp Some perceptible moisture, probably below optimum Standard Slightly (clayey, silty, etc.) Standard Moist Density tY Penetration Resistance(N) SILT Or CLAY Penetration Resistance (N) Approximate Shear SAND or GRAVEL in Blows /Foot Consistency in Blows /Foot Strength in TSF Very loose 0 -4 Very soft 0 -2 <0.125 Loose 4-10 Soft 2 - 4 - 0.125-0.25 Medium dense 10-30 Medium stiff 4 - 8 0.25-0.5 Dense 30 -50 Stiff 8 -15 0.5 -10 Very dense >50 Very stiff 15-30 1.0-2.0 Hard >30 >2.0 Moisture BORING Minor Constituents Estimated Percentage Dry Little perceptible moisture Shelby Tube Not identified in description 0 - 5 Damp Some perceptible moisture, probably below optimum - Slightly (clayey, silty, etc.) 5-12 Moist Probably near optimum moisture content PIT SAMPLES Clayey, silty, sandy, gravelly 12-30 Wet Much perceptible moisture, probably above optimum K Very (clayey, silty, etc.) 30-50 Legends Sampling Test Symbols BORING SAMPLES ® Split Spoon fq Shelby Tube ® Cuttings M Core Run - No Sample Recovery P Tube Pushed, Not Driven TEST PIT SAMPLES R Grab ()ar) DS Bag K Shelby Tube Groundwater Observations Surface Seal Groundwater Level on Date (ATD) At Time of Drilling Observation Well Tip or Slotted Section Q Groundwater Seepage Z (Test Pits) ANCHOR OEA Test Symbols GS Grain Size Comp Composite Chem Chemistry NS No Sheen SS Slight Sheen MS Moderate Sheen HS Heavy Sheen TXCD Triaxial Consolidated Drained QU Unconfined Compression DS Direct Shear K Permeability TXCU Triaxial Consolidated Undrained PP Pocket Penetrometer Approximate Compressive Strength in TSF TV Torvane Approximate Shear Strength in TSF CBR California Bearing Ratio MD Moisture Density Relationship AL Atterberg Limits Water Content in Percent Liquid limit Natural Plastic Limit PID Photoionization Detector Reading CA Chemical Analysis DT In Situ Density Test Figure A -1 Key to Exploration Logs Rhine Channel Contaminated Sediment Cleanup Boring: AQ -RC -B1 d STANDARD PENETRATION Northing: RESISTANCE (blows per foot) Easting: Depth Water Approximate Mudline Surface in Feet (MLLW): -14.5 in Feet Level Samples 1 2 5 10 20 50 too Lab Test Poor recovery. Very soft, dark gray to black, slightly sandy, silty CLAY with mild sulfur -like odor. @ 2.5 feet: Same as above. @ 5 feet: No recovery. Poorrecovery. Loose,giay SAND. @ 9 feet: Grades to medium dense. @ 15 feet: Same as above. @ 21.5 feet: Grades to dense. Bottom of boring at 22.5 feet. —0 S1 � I i! I I -5 ;I) S -g 1 i i i 1 S -4 —10 S5 I —15 S -6 —20 5 -7 _ 25 • Water Content (percent) Notes: 1. Refer to Figure A.1 for explanation of descriptions and symbols. 2. Soil descriptions and stratum lines are in let prelive and actual changes maybe gradual. 3. Groundwater level, if indicated, is at time of drilling or at the time and date specified. Groundwater level may vary with time. At GS A )R., ANCHOR Figure A-2 `� �� Boring Log AQ -RC -B1 �-, QEA w-r Rhine Channel Contaminated Sediment Cleanup Boring: AQ -RC -B2 A STANDARD PENETRATION Northing: RESISTANCE (blows per foot) Easting: Depth Water Approximate Mudline Surface in Feet(MLLW): -14.5 in Feet Level Samples 1 2 S 10 20 s0 100 Lab Test Soft, olive gray, slightly sandy, silty CLAY j Loose, gray, silty SAND. Loose, light brown SAND with trace sea shells. @14 feet: Medium dense, gray SAND. @ 19 feet: No recovery. Bottom of baring 20.5 feet. 10 15 20 25 S -1 S -2 5 -3 5 -4 5 -S 5 -6 i I j I I I I I • Water Content (percent) Notes: 1. Refer to Figure A -1 for explanation of descriptions and symbols. 2. Soil descriptions and stratum lines are interpreove and actual changes may be gradual. 3. Groundwater level, if indicated, is at time of drilling or at the time and date specified. Groundwater level may vary with time. AL TXCu GS ANCHOR Figure A-3 C / tEA Boring Log AQ -RC -B2 lL_ Rhine Channel Contaminated Sediment Cleanup Boring: AQ -RC -B3 0 STANDARD PENETRATION Northing: RESISTANCE (blows per foot) Easting: Depth Water Approximate Mudline Surface in Feet (MLLW): -11.5 in Feet Level Samples 1 2 5 10 20 50 100 Lab Test Poor recovery. Loose, gray, sandy SILT. @ 5 feet:.. Loose, gray, slightly silty SAND. Soft, black, slightly gravelly, silty SAND with ash -like material with moderate sulfur odor. @ 8feet Loose, light brown sand. Poor recovery. Medium dense, gray, sandy GRAVEL. @ 15 feet: Dense. Poor recovery. Medium dense, gray, slightly gravelly SAND. Bottom of boring at 20.5 feet. 0 S -1 I -5 S -2 i S -3 i i S -4 ° i -10 I i I S -5 ° \ -15 5 -6 S ° -20 -7 _ 25 s Water Content (percent) Notes: 1. Refer to Figure A-1 for explanation of descriptions and symbols. 2. Soil descriptions and stratum lines are interpretive and actual changes may be gradual. 3. Groundwater level, if indicated, is at time of drilling or at the time and date specified. Groundwater level may vary with time. GS R A NC H OR. Figure A -4 r \lam /%�� Boring Log AQ -RC -B3 0 EA Rhine Channel Contaminated Sediment Cleanup Boring: AQ -RC -B4 A STANDARD PENETRATION Northing: RESISTANCE (blows perfoot) Easdng: Depth Water Approximate Mudline Surface in Feet (MLLW): -13.5 in Feet Level Samples 1 2 5 10 20 50 100 Lab Test Very soft, dark gray, slightly sandy, silty CLAY with moderate sulfur odor. @ 2 feet: Poor recovery, wood debris. Poor recovery:. Loose, gray silty SAND. @ 7.5 feet: Medium dense. @ 9.5: Loose. @ 15 feet: Same as above. @ 19 feet: Medium dense, slightly gravelly with abundant sea shells. Bottom of boring at 20.5 feet. 0 5 -1 II I i r' I 5 -2 r I I I —5 S -3 III i ICI Ili I I r I 5 -4 —10 55 i I —15 5 -6 —20 5 -7 — _ 25 • Water Content (percent) Notes: 1. Refer to Figure A -1 for explanation of descriptions and symbols. 2. Soil descriptions and stratum lines are interpretive and actual changes may be gradual. 3. Groundwater level, if indicated, is at time of drilling or at the time and date specified. Groundwater level may vary with time. AL GS, Bulk Density A ANCHOR Figure A-5 F A Boring Log AQ -RC -B4 C-) ' ' ' Rhine Channel Contaminated Sediment Cleanup Boring: AQ -RC -BS A STANDARD PENETRATION Northing: RESISTANCE (blows per foot) Easting: Depth Water Approximate Mudline Surface in Feet (MLLW): -11.5 in Feet Level Samples 1 2 5 10 20 50 100 Lab Test. Poor recovery. Very gray, silty SAND. Loose, gray SAND. S -1 @ 10 feet: Medium dense, slightly gravelly. S -la @ 15 feet: Dense, medium to coarse gravelly SAND. 5 -2 @ 20 feet: Medium dense, fine to medium SAND. Bottom of boring at 21.5 feet. 5 -3 0 S -1 S -la 5 -2 —5 5 -3 5 -4 —10 5 -5 —15 —20 _ 25 5 -6 S -7 ® Water Content (percent) Notes: 1. Refer to Figure A -1 for explanation of descriptions and symbols. 2. Soil descriptions and stratum lines are interpretive and actual changes may be gradual. 3. Groundwater level, if indicated, is at time of drilling or at the time and date specified. Groundwater level may vary with time. G5 Consolitdated Test, Bulk Density, DS DS GS `yQ ANCHOR Figure A-6 T / ��A Boring Log AQ -RC -BS Rhine Channel Contaminated Sediment Cleanup FROM (FRI jJIJI- 16 2010 10:06/ST.1O:O4/N0.7540646997 P 2 SUMMARY OF LABORATORY TEST RESULTS PROJECT NAME: Rhine Channel Newport Beach Project PROJECT NO: N/A DATE: 7/15/2010 EGL JOB NO: 10 -AA -023 CLIENT: ANCHOR QEA, LLC SUMMARIZED BY: JT BORING NO SAMPLE NO DEPTH (ft) MOISTURE CONTENT ASTM D2216 ( %) DRY DENSITY ASTM D2937 (PCF) ATTERBERG LIMITS ASTM D4318 `(LL,PL,PI) AQ -RC -B1 S -1 0 -1.5 66,24,42 AQ -RC -B1 S -2 2.5 -4 96.2 AO-RC -Bi S -5 9 -10.5 21..2 AQ -RC -B1 S -6 15 -16.5 19.4 AQ -RC -B1 S -7 21 -2.5 21.9 AQ -RC -B2 3-1 0 -2 64.8 61.4 39,19,20 AO -RC -B2 S -2 2 -4 23.9 AO-RC-B2 S -3 4 -6 20.7 AO -RC -B2 S -4 9 -10.5 17.1 AQ -RC -B2 S -5 14 -15.5 23.2' - - AQ -RC -B3 S -2 4 -5.5 21.6 AQ -RC -B3 5 -3 6 -7.5 21.4 AO -RC -B3 S -4 8 -9.5 15.1 AQ -RC -B3 S -5 13 -14.5 2.9 LC- R -33 S -6 15 -16.5 15.5 -- - AQ -RC-33 S -7 19 -20.5 24.1 L.PL,PI= LIQUID LIMIT, PLASTIC LIMIT, PI.AS'mCITY INDEX FROM (TUE)JUL 27 2010 S:SS /ST. 5:54/NO.7540640105 P 2 SUMMARY OF LABORATORY TEST RESULTS PROJECT NAME: Rhine Channel Newport Beach Project EGL JOB NO: 10 -AA -023 PROJECT NO: NIA CLIENT: ANCHOR QEA, LLC DATE: 7/15/2010 SUMMARIZED BY: JT BORING NO SAMPLE NO DEPTH (ft) MOISTURE CONTENT ASTM D2216 N DRY DENSITY ASTM D2937 (PCF) ATTERBERG LIMITS ASTM D4318 "(LL,PL,PI) AQ -RC -B4 3 -1 0 -1.5 127 64,23,41 AQ -RC -B4 S -2 2 -3.5 122.3 AQ -RC -B4 S -3 5 -6.5 19.5 AC-RC-B4 S -4 7.5 -9 22 6 a AQAQ�S -5 9.5 -11 23 3 AC-RC-B4 S -6 15 -16.5 17.8 AQ -RC -B4 S -7 19 -20.5 14.2 112 AQ -RC -B5 S -1 0 -2 96.8 AQ -RC -B5 S -2 2.5 -4 22.7 AQ -RC -B5 S -3 5 -6.5 11.4 AQ -RC -B5 S -4 7.5 -9 22.6 AQ -RC -65 S -3 10 -11.5 18.5 AQ -RC -B5 S -4 15 -16.5 14.8 AO -RC -65 S -5 20 -21.5 18.7 106.7 *IJ.,PL:,PI - LIQUID UMIT, PLASTIC LIMIT, PLASTICITY INDEX FROM (FRI)JUL l6 2010 10:07 /ST.10:04/H- 7S4O6489G7 P 4 COARSE V "FINE COARSE MEDIUM --- FINE SILT OR CLAY I IS STmmRn SIEVE DRENING U.S. STANDARD SIEVE NUMBER HYDROMETER 3" 1 - /1" %. 3 /a' #4 #10 #20 #40 #60 #100 #200 100 10 1 0.1 GRAIN SIZE (mm) 60 50 40 30 20 10 0 0.01 ENVIRONMENTAL Rhlne Channel Newport Beach Project GEOTECHNOLOGY Client Job ND: NIA LABORATORY Client Name: ANCHOR OEA, LLC EGL Project IND: 10 -AA -023 GRAIN SIZE DISTRIBUTION CURVE lul -10 1ASTM D422) FIGURE DEPTH SAMPLE SOIL LIQUID PLASTICITY SYMBOL BORING NO SAMPLE NO (FT) TYPE TYPE LIMIT INDEX ❑ AQ -RC -B1 S -5 9 -10.5 Bag SP N/A N/A ENVIRONMENTAL Rhlne Channel Newport Beach Project GEOTECHNOLOGY Client Job ND: NIA LABORATORY Client Name: ANCHOR OEA, LLC EGL Project IND: 10 -AA -023 GRAIN SIZE DISTRIBUTION CURVE lul -10 1ASTM D422) FIGURE FROM CFRI >OUL l6 2010 10:05 1ST.10:OA /NO. ?SA0040a S"i v o GRAVEL SAND SILT OR CLAY COARSE FINE COARSE MEDIUM FI,YE ILS STANDARO SIEve ORENINC U.S. STANDARD SIEVE NUNBER HYDROMETER 3 /Rn #4 #10 #20 #40 #60 #100 #200 . H 2 U Lj Y CD K W z Z W U w W c 100 10 1 0.1 GRAIN SIZE (mm) 100 90 gG .. - -- -.. .._ . ..... 70 00 "0 50 40 30 20 10 0 0.01 Project Name: ENVIRONMENTAL Rhine Channel Newport Beach Project .. 't GEOTECHNOLOGY Client job No.: NIA [�� . LABORATORY Client Name: ANCHOR OEA, LLC EGL Project No: 10 -AA -023 GRAIN SIZE DISTRIBUTION CURVE 07116/10 (ASTM D422) FIGURE DEPTH SAMPLE SOIL LIQUID PLASTICITY SYMBOL BORING NO SAMPLE NO (FT) TYPE TYPE LIMIT INDEX ❑ AQ -RC -B2 S -5 14 -15.5 Bag SP NIA NIA Project Name: ENVIRONMENTAL Rhine Channel Newport Beach Project .. 't GEOTECHNOLOGY Client job No.: NIA [�� . LABORATORY Client Name: ANCHOR OEA, LLC EGL Project No: 10 -AA -023 GRAIN SIZE DISTRIBUTION CURVE 07116/10 (ASTM D422) FIGURE FROM F 2 C7 w Z r m a w z LL z U-1 U 0_ W a (FRIJJUL l6 2010 10:06/ST.10:04/NO.7S4O646967 P 6 COARSE ' LLFINE COARSE eAEDNM^ FINE SILT OR CLAY O.S STANDARD SIEVE OPENINC U.S. STANDARD SIEVE NUMBER HYDROMETER 3" 1-%" n /," 3 /0° 94 #10 #20 440 #60 #100 #200 100 10 1 0.1 GRAIN SIZE (mm) 100 90 80 70 60 50 40 30 20 10 0 0.01 ENVIRONMENTAL Rhine Channel Newport Beach Project ` > GEOTECHNOLOGY Client Job No.: NIA LABORATORY Client Name: ANCHOR OEA, LLC EGL Project No: 10- AA-023 GRAIN SIZE DISTRIBUTION CURVE JBI -10 (ASTM D422) FIGURE DEPTH SAMPLE SOIL LIQUID PLASTICITY SYMBOL BORING NO SAMPLE NO (FT) TYPE I TYPE LIMIT INDEX ❑ AQ -RC -B3 S -4 8 -9.5 Bay SP N/A N/A ENVIRONMENTAL Rhine Channel Newport Beach Project ` > GEOTECHNOLOGY Client Job No.: NIA LABORATORY Client Name: ANCHOR OEA, LLC EGL Project No: 10- AA-023 GRAIN SIZE DISTRIBUTION CURVE JBI -10 (ASTM D422) FIGURE FROM (FRI])JUl- 10 2010 10:09/sT.10:041N,7360eaeuKf r COARSE GRAVEL I SAND SILT OR CLAY FINE COARSE MEDIUM I 111E 10.9 STANDARD St iNE 0PE11)14G U.S. STANDARD SIEVE NUMBER HYDROMETER 3" 3/,., 94 #10 #20 #40 #60 -4100 9200 it I 100 90 80 70 (D u 60 LWLl 50 !it 40 U-1 C) 14- w 30 a 20 L-4-- 10 0 100 10 1 0.1 0.01 GRAIN SIZE (mm) SYMBOL BORING NO SAMPLE NO DEPTH SAMPLE SOIL LIQUID PLASTICITY I I (FT) TYPE TYPE LIMIT INDEX ❑ AO -RC -84 S-7 19-20.5 Ring SP NIA N/A Project Name: ENVIRONMENTAL Rhine Channel Newport Beach Project GEOTECHNOLOGY Client Job No,: NIA LABORATORY Client Name: ANCHOR OEA. LLC EGL Project No: 10-AA-023 GRAIN SIZE DISTRIBUTION CURVE IJUI-10 (ASTM D422) FIGUREI FROM <FRI>JVL 16 2010 P . GRAVEL SAN SILT OR CLAY COARSE I FINE COARSE MEDIUM FINE I S 9TANUn n.qlEVE OPENING U.S. STANDARD SIEVE NUMER WOROMETIER 3" 3/," 3/U,- #4 #10 #20 #40 #60 #100 #200 100 90 _ ___ _____ _ __ _ _ _ _ _ _ ___ __ _ 80 1 fit_ F- 70 ui :, 60 03 50 F— z 40 LL) 30 10 100 10 1 0.1 0.01 GRAIN SIZE (mm) DEPTH SAMPLE SOIL LIQUID PLASTICITY SYMBOL BORING NO SAMPLE NO (FT) TYPE TYPE LIMIT INDEX ❑ AO -RC -BS S-3 5-6.5 Bag SID NIA NIA Project Name: ENVIRONMENTAL Rhine Channel Newport Beach Project GEOTECHNIOLOGY client Job No.: NIA LABORATORY Client Name: ANCHOR QEA, LLC EGL Project No: 10-AA-023 GRAIN SIZE DISTRIBUTION CURVE IJUI-10 (ASTM 0422) FIGUREJ FROM (FRIJJUL 10 2010 10:I0/ST.10:04/N, 7540648967 v a GRAVEL SAND SILT OR CLAY DEPTH COARSE FINE SOIL COARSE MEDIUM FINE PLASTICITY II.RRTANDARDSIEVEDRENl,W, U.S. STANDARD SIEVE NUMDER HYDROMETER 3" 1 -a" /" 31D-, #4 #10 920 #40 460 #100 #200 SAMPLE NO (FT) TYPE TYPE LIMIT INDEX ❑ AO -RC -B5 S -7 20 -21.5 I SP 00 N/A I.: i li I II go i B 70 W 0 on I W Z 1 I I ii: I i 50 .. .. I lit I I � w a 30 20 10 0 100 10 1 0.1 0.01 GRAIN SIZE (mm) Project Name: ENVIRONMENTAL Rhine Channel Newport Beach Project GEOTECHNOLOGY Client Job No.: NIA LABORATORY Client Name: ANCHOR OEA, LLC EGL Projoct No: 10 -AA -023 GRAIN SIZE DISTRIBUTION CURVE JUI -10 (ASTfA D422 FIGURE DEPTH SAMPLE SOIL LIQUID PLASTICITY SYMBOL BORING NO SAMPLE NO (FT) TYPE TYPE LIMIT INDEX ❑ AO -RC -B5 S -7 20 -21.5 Bag SP N/A N/A FROM (FRI)JUL 10 2010 3500 3000 LL v) 2500 CIL - cf) to 2000 U) Lu 1500 1000 M I 500 1000 1500 2000 2500 3000 3500 4000 NORMAL PRESSURE (PSF) Boring No.: Sample Depth (ft) Sample Soil Type I Symbol Cohesion Friction (C/.) No. 18.5 Type 1000 18.5 (PSF) Angle AQ-RC-85 S-5 10-11.5 0 Peak SID 0 —0 � 90 37 ❑ Ultimate 78 30 --T I 500 1000 1500 2000 2500 3000 3500 4000 NORMAL PRESSURE (PSF) Boring No.: Sample Depth (ft) Sample Soil Type I Symbol Cohesion Friction (C/.) No. 18.5 Type 1000 18.5 (PSF) Angle AQ-RC-85 S-5 10-11.5 Tube SID 0 —0 � 90 37 78 30 Normal Initial Final Stress Moisture Moisture (PSO (%) (C/.) 500 18.5 25.6 1000 18.5 24.5 2000 18.5 23.8 ce DIRECT SHEAR Fi ENVIRONMENTAL I Rhine Channel Newport Beach Project GEOTECHNOLOGY Client: A14,1, Q.k LLC LABORATORY I Project No; NIA EGL Project No: 10-AA-023 ce DIRECT SHEAR Fi %0" :111 3500 sI /III9, LL u) 2500 0- V) U) W D� 2000 a 1500 1000 500 0 CFRI>JU1 10 2010 10:12/ST.10:04/NO.754004SS87 P o Peak ❑ Ultimate 0 500 1000 1500 2000 2500 3000 3500 4000 NORMAL PRESSURE (PSF) Boring No.: Sample Depth (ft) Sample Soil Type Symbol Cohesion Friction ( %) No. 14.8 Type 1000 14.8 (PS F) Angle AQ -RC -BS S -6 15 -16.5 Tube SP o 102 38 0 114 30 Normal Initial Final Stress Moisture Moisture (Psf) (%) ( %) 500 14.8 20.6 1000 14.8 19.7 2000 '14.8 19.0 Project Address: ENVIRONMENTAL Rhine Channel Newport Beach Project GECTECHNOLOGY Client: ANCHOR QEA, LLC LABORATORY Project No: NIA EGL Project No: 10 -AA -023 DIRECT SMEAR 7/10 (ASTM D3080) Figure FROM <FRI>JUL 10 2010 10:I2/ST.10:04/HO.7560660867 P 12 -2 0 SAT-IRATED 2 0 3 < 4 0 LL LIJ 5 6 7 8 10 0.1 1 10 100 COMPRESSIVE STRESS (KSF) Symbol Boring No. Sample Depth Soil Init. Moisture Init. Dry Init. Void No. (Ft.) Type I Content Density (PCF) Ratio 0 ,40 -RC -B2 S-2 4-6 SM 20.7 93.9 0.794 Project Name: Rhine Channel Newport Beach Projecl ENVIRONMENTAL Client: ANCHOR QEA, LLC GEOTECHNOLOGY Job No, N/A LABORATORY EGL Project No: 10-AA-023 CONSOLIDATION 07110 (ASTIVI D2435) Figure FROM -,:-- 0 LL 0.1 1 10 100 COMPRESSIVE STRESS (KSF) Symbol Boring No, Sample Depth Soil Init. Moisture lnit. Dry Init. Void No. (Ft.) Type Content Density (PCF) Ratio Project Name: Rhine Channel Newport Beach Project ENVIRONMENTAL Client: ANCHOR QEA, LLG LABORATORY EGL Proiect No: 10-AA-023 CONSOLIDATION 07/10 (ASTM D2435) Figure / P�om <WE03JU� ni 2010 10: ISIST. 10: IAZ�0. 70408490*0 P 2 GRAVEL SAND SE MWWM RNE SILT OR CLAY tf R STANDARD SIEVE OPENING U.S. STANDARD SIEVE NUMBER HYDROMETER 3" 3/.,. #4 #10 #20 940 #6D #100 0200 100 rl 90 m 80 m 70 1-u C) >- I LL\ 60 DO 50 UJ z [L 40 W 0 W ... 30 20 10 0 100 10 1 0.1 0.01 GRAIN SIZE (mm) DEPTH SAMPLE SOIL LIQUID PLASTICITY SYMBOL BORING NO SAMPLE NO (FT) TYPE TYPE LIMIT INDEX 0 AO-RC-B2 S-3 4-6 Shelby SP-SfvI N/A N/A Tube I I Project Name: ENVIRONMENTAL Rhine Channel Newport Beach Projed GEOTECHNOLOGY ClientJob No.: NIA LABORATORY Client Narne: ANCHOR OEA, LLC EGL Project No: 10-AA-023 GRAIN SIZE DISTRIBUTION CURVE IJLII-10 (ASTM D422) FIGURE FROM (WED)JUL 21 2010 10:13 /ST. 10: 14 /NO. 7540649036 P 3 —40- o_ C? 30 ui Co w - CC (If 20 w W w 10- w W LL LL w 0 -, 0 10 20 30 40 50 60 EFFECTIVE NORMAL STRESS, P (PSI) 40 U) o_ m w 20 7 W 2 V) r.1,1111 0 20 40 60 60 '100 NORMAL STRESS (PSI) Symbol Boring No. Sample No. Depth (ft) Sample Type S0i['fype o A.Q -RC -B2 S -3 4 -6 Shelby Tube SA�1 Project Name: Rhine Channel Newport Beach Project ' ENVIRONMENTAL GEOTF_CHNOLOGY Client: ANCHOR OEA, LLC LABORATORY Job No: NIA EGL Project 1g0 - -ApA -023 gNoo: �p �^q, CONSOLIDATED UNDRAINED (ASTM 04767) 7121110 Figure i PROM (rvED>JUL 21 2010 10:16 /sT- 10:14 /NO- 96406460ee P 4 80 70 _ ' U CL 60 (in /min) - ( %) (psi) (psi) �) P.Q -RC -B2 S -3 4 -6 SM Shelby w 50 100.3 3.5 38.2 0.0125 Tube o! N 40 0 30 > w 20 0 10 0 0 2 4 6 8 10 12 14 16 18 20 AXIAL STRAIN ( %) 5 N 0 0 L C0 z x U -5 W of D N rn `y LU -10 c W Of 0 o -15 -20 0 2 4 6 8 10 12 14 16 18 20 AXIAL STRAIN ( %) Initial Effective Maximum Sample Soil Sample Moisture Initial Dry Confined Deviator Strain Symbol Boring No. No. Depth (ft) Type Type Content Density (pcf) Pressure Stress Rate Project Name: Rhine Channel Newport Beach Project ENVIRONMENTAL .....: "L �� GEOTECHNOLOGY Client: ANCHOR QEA, LLC LABORATORY Job No: N/A EGL Project No: 10 -AA -0'23 CONSOLIDATED UNDRAINED (ASTM D4767) 7/21/10 Figure (in /min) ( %) (psi) (psi) �) P.Q -RC -B2 S -3 4 -6 SM Shelby 20.74 100.3 3.5 38.2 0.0125 Tube FROM (WED) JU 21 2010 10:17 /ST. 10: 141 - 7E4064H036 R 6 50 2 S -3 4 -6 Shelby Tube SM a_ ° 40 i �i ( to W P 30• U) r W = 20 rn W 10 W LL LL W 0 0 10 20 30 40 50 60 70 EFFECTIVE NORMAL STRESS, P (PSI) 60 a 40 U) W x W 20 0 0 20 40 60 00 100' 120 '140 160 NORMAL STRESS (PSI) Symbol Boring No. Sample No. Depth (ft) Sample Type Soil Type O AQ -RCB Project Name: Rhine Channel Newport Beach Project ENVIRONMENTAL GEOTECHNOLOGY Client: ANCHOR OEA, LLC LABORATORY Job No: N/A EGL Project No: 10 -AA -023 CONSOLIDATED UN®RAPNED (ASTM 04767) 7/21110 Figure 2 S -3 4 -6 Shelby Tube SM r i �i 2 S -3 4 -6 Shelby Tube SM FROM CWEO>JUU 21 2010 10:17/ST.10:141NO.9U40048OSG P 0 90 - AQ -RC -B2 S -3 4 -6 SM 20.74 80 - 6.9 50.9 0.012 Tube a 70 on 60 w F 50 U) M 40 Q 30 0 20 10 0 0 2 4 6 8 10 12 14 16 18 20 AXIAL STRAIN ( %) 10 53 c 5 W 0 Z i M U 0 W 0 W W 5 W 0' w W -10 - 0 O o_ is -20 -. 0 2 4 6 8 10 12 14 16 18 20 AXIAL STRAIN ( %) Initial Effective Maximum Sample Soil Sample Moisture Initial Dry Confined Deviator Strain Symbol Boring No. No Depth (ft) Type Type Content Density (pcf) Pressure Stress Rate ( %) (psi) (psi) (in/min) 0 Project Name: Rhine Channel Newport Beach Project ENVIRONMENTAL GEOTECHNOLOGY Client: ANCHOR QEA, LLC LABORATORY Job No: NIA EGL Project No: 10-AA -023 CONSOLIDATED UNDRAINE® (AST D4767) 7/21 /10 Figure AQ -RC -B2 S -3 4 -6 SM 20.74 101.9 6.9 50.9 0.012 Tube FROM <WED)JUL 21 2010 10: 18 /ST. 10: 14 /NO. 754OS48036 P 7 60- d 0 50 I 40 r rn ' 30 Q w x w > 20 w 10 u_ u_ w 0 0 10 20 30 40 50 60 70 80 90 EFFECTIVE NORMAL STRESS, P (PSI) 60 - U) a 40 w w 20 x .J) 0 0 20 40 60 60 100 120 140 160 NORMAL STRESS (PSI) Symbol Baring No. Sample No. Depth (f) Sample Type Soil Type o AQ -RC -B2 S -3 4 -6 Shelby Tube Sim Project Name: Rhine Channel Newport Beach Project ENVIRONMENTAL GEOTECHNOLOGY CIieN: ANCHOR QEA, LLC LABORATORY Job No: N/A EGL Reject No: 10 -AA -023 CONSOLIDATED g UNDRAINE® (ASTM D4767) 7/21/10 Figure I FROM (WEO)JUt_ 9-1 2010 10: 10/ST. 10: 14 /N, 7540646036 P O 110 100 90 20.74 102.8 13.9 59.8 0.0125 Tube 80 W 70 U) 60 50 o� 40 w 30 ° 20 10- 0 0 2 4 6 8 10 12 14 16 18 20 AXIAL STRAIN ( %) 10 En 5 EL w O z z o U U W U) !n W W o- -10 w 0 O CL _1y -20- 0 2 4 6 8 10 12 14 16 18 20 AXIAL STRAIN ( %) Initial Effective Maximum Sample Soil Sample Moisture Initial Dr/ Confined Deviator Strain Symbol Boring No. No. Depth (fi) Type Type Content Density (pcf) Pressure Stress Rate ( %) (psi) (psi) (in/min) AO -RC -B2 S -3 4 -6 S Shelby Project Name: Rhine Channel Newport Beach Project ,, ENVIRONMENTAL {"�= GEOTECHNOLOGY Client: ANCHOR QEA, LLC LABORATORY Job No: NIA EGL Project No: 10 -AA -023 CONSOLIDATED UNDRAINED (ASTM x]4767) 7121!10 Figure 20.74 102.8 13.9 59.8 0.0125 Tube FROM (WEO)JUU 21 2010 10: l9 /ST. 10: 14 /NO. 7640646036 P 9 �60- a 50 ai uj F- 40 30 a w 'n w 7 20 F 10. w LL LL ui / -7 0 10 20 30 40 50 60 70 80 90 EFFECTIVE NORMAL STRESS, P (PSI) 60 U) a- to - w colr H Q = 20 - 0- 0 20 40 60 80 too 120 W 160 NORMAL STRESS (PSI) Symbol Boring No. Sample No. Depth (ft) Sample Type Soil Type O AQ -KC -132 S3 4 -6 Shelby Tube SM Project Name: Rhine Channel Newport Beach Project " - ENVIRONMENTAL GEOTECHNOLOGY Client' ANCHOR QEA, LLC LABORATORY Job No: N/A EGL Project No: 10-AA-023 CONSOLIDATED l NDRAINED (ASTM D4767) 7/21/10 Figure FROM Project Name: Rhine Channel New• op d Beach Proiect Client Job No: NIA Boring No: AQ -RC -B1 Sample No: SS =5 Depth (ft.): 9 -10.5 Visual Sample Description: SP Sample Type: Bag Client Name: ANCHOR QEA, LLC Coarse Sieve (FRIjJUL 23 2010 13:13 /ST.T3:9T /No- 7U4064SO7T P 2 Cumulative Wt. U.S. Sieve of of Dry Soil Diameter % Passim %Toial Sample Size (gm) ( mm ) G' 76.2 38.1 25.4 19.05 '12.7 9.525 43500 100.0 100.0 100.0 100.0 100.0 100-0 98.4 96.7 93.0 111z' ` 0 1.00.0 V. )o '100.0 31,11' 1 0 100.0 0 100.0 318" (3.93 98.4 IJa 4 8.27 96.7 _ No. 10 +' ;. 17.38 2.0000 0.8500 0.4250 0.2500 0.1500 0.0750 93.0 No. 20 - 1, 8.92 92.4 _ No.40 tk24.36 79.3 _66.0 -- 73.8 No. 60 b' .28 42.0 39.1 No. 100 10',02 9.1 A.5 No. 200 1'x3,3 3.8 3.5 Pan 113.5`{ 3.6 3.3 FROM Project Name: Rhine Channel Newport Beach Proiecl Client. Job No: N/A Boring No: AQ -RC -B2 Sample_ No: SS =3 Depth (H.): g-6 Visual Sample Description: SP -SM Sample Type: Shelby Tube Client Name: ANCHOR QEA, LLC Coarse Sieve (FRI)VUL 23.2010 13:13 /S7. 1a: II Z., 7S40848071 P 3 Cumulative WL U.S. Sieve of Dy Soil Diameter % Passing % Total Sample Size (mm) Retained (grn) 3" k• 0: 76.2 38.1 25.4 19.05 12.7 9.525 4.7500 100.0 100.0 100.0 100.0 100.0 100.0 99.7 99.2 97,9 11,e 1000 100.0 3/4 "; 10 100.0 1i2" ; 0 100.0 3/8" % 2.06 99.7 No.4 j. 5.52 99.2 No. 10 �7 14.61 2.0000 0.8500 0.4250 0.2500 0.1500 0.0750 97,9 No. 20 ! 6.48 94.7 92.8 No. 40 / �t 26 .O9 78.1 7 0.4 No. 60 11 ,,57.86 53.0 51.9 No. 1 t10 _ /' 82.34 33.1 32:4 No. 200 / '1ObiM 10.6 10.4 Pa y 110.N 10.3 10.1 FROM Project Name: Rhine Channel Newoort Beach Proiect Client Job No: N/A Boring No: AQ -RC -B2 Sample No: S =5 Depth (ft.): 14 -15.5 \48ual Sample Description: SP Sample Type: Bag Client Name: ANCHOR QEA, LLC Coarse Sieve (PRI,000 23 ZOIO 13:13/ST.13:11/N- 7U40S4OO71 P 4 CUmidative Wt. ' U.S. Sieve of Dry Soil Y. Passing Size Retained (gm) 3" '•1 76.2 38.1 25.4 19.05 12.7 9.52225 4.7500 100.0 11/," ;0 100.0 1" i 0 100.0 314" 0 '` 100.0 112` 0 100.0 318" '. i 0 100.0 No.4 0 100.0 No. 10 i f o 2.0000 0.6500 0A250 0.2500 0.1500 0.0750 100.0 No. 20 ;.' 0.06 100.0 No. 40 ', 0. 1 81 99.9 Nu. 60 12'1625 67.7 No. 100 1`1.8.97 19.7 No. 200 141-.64 4.4 Pan 1412.02 FROM Project Name: Rhine Channel Newport Beach Proiect Client Job No: N/A Boring No: AQ -RC -B3 Sample No: S_4 Depth (ft.): 8 -9.5 Visual Sample Description: SP Sample Type: Bag Client Name: ANCHOR QEA, U-C Coarse Sieve fFRI)JUU 23 2010 13:14/ST.T3:11/NO.7S40e490T1 R 5 Cumulative Wt. U.S. Sieve Diameter of Dry Soil % Passing Total Sample Size ( mm ) Retained (flm) 31, 76.2 38.1 25.4 19.05 12.7 9.525 4.7500 100.0 100.0 j i0011 100.0 100.0 94.8 93.3 86.9 11/2' ` e0 100.0 0 100.0 3/4" j 0 100.0 22.09 94.8 128.44 93.3 No.4 * a 55.38 8 6.9 No. 10 19 101.25 2.0000 0.8500 0.4250 0.2500 0.1500 0.0750 76.0 70.0 No. 20 !1 MA 77.7 59.1 , No. 40 1 58,56 50.G 38.5 No. 6f1 X30.331 23.9 '10.2 No. 100 1111.48 G.1 4.6 No. 200 115.71 2.5 1.9 Pan 115.84 2.4 1.8 FROM Project Name: Rhine Channel Newport Beach Project Client Jot, No: N/A Boring No: AQ -RC -64 Sample No: S_7 Depth (ft.): 19 -20.5 Visual Sample Description: SP Sample Type: Ring Client Name: ANCHOR QE.A, LLC Coarse Sieve (FRI)JUL 23 2010 13:14/3T.13:11/NO.764OG48O71 P e U.S. Sieve Size Cumulative Wt. of Dry Soil Retained (gm) Diameter mrn ( ) "r6 Passing f °G Total Samplh 3" 0 76.2 38.1 25.4 19.05 127 9.525 4.7500 100.0 100.0 100. C 100.0 u 100.0 ' 97.9 95.3 ' 89.3 I 76.0 '0 100.0 1" 0 100.0 3 ?4" �� 0 100.0 112" 1� 16.94 97.9 3f8" 37.96 95.3 No. 4 i 86.36 89.3 No. 10 194.9 2.0000 0.8500 0A25D 0.2500 0.1500 0.0750 76.0 Nn. 20 4, 42.25 G5.9 50.1 No. 40 j \87.01 29.8 22.7 ° No. 60 ,r 1`08.84 12.2 9.3 No. '100 -1 iy.19 5.5 4.2 i No. 200 121;p3 2.4 1.B Pan 121.23 2.2 1.7 - FROM Project Name: Rhine Channel Newport Beach Protect Client Job No: N/A Boring No: AQ -RC -B5 Sample No: SS =3 Depth (fQ: 5 -6.5 Visual Sample Description: SP Satnple Type: Bag Client Name: ANCHOR QEA, LLC Coarse Sieve U.S. Sieve Cumulative Wt. Diameter Size of Dry Soil (mm) Rntained (gm) T 0 76.2. 38.1 25.4 19.05 12.7 9.525 4.7500 0 1" 0 0 1 /2" 16.22 3 18" .t . 24.55 No. +1 39.56 No. 10 y 86.17 2.0000. 0.8500 0.4250 42500 0.1500 0.0750 No. 20 5.'..04 No. 40 'y0.69. No. 60 t 1117.32 No. 100 11 No. 200 116.48 Pan '116.5x. (FRI)JUL 23 2010 13:14 /ST. l3: tt /NO. 9540643071 G p % Passing 100.0 100.0 100.0 94.8 92.1 87.3 71.6 55.8 23.0 8.9 2.5 1.1 1.1 %Total Samplr.' 1040 100.0 100.0 100.0 94.8 i 92.1 87.3 i 71.6 1.8 08 0.8 I FROM Project Name: Rhine Channel Newport Beach Proiect Client Job No: NIA Boring No: AQ -RC -B5 Sample No: S=7 Depth (fL): 20 -21.5 Visual Sample Description: SP Sample Type: Bag ' ANCHOR QEA, LLC Coarse Sieve (FRI>JUU 23 2010 13:161ST.13]11/NO.9690848091 P 8 U.S. Sieve Size Cumulative Wt. of Dry Soil Retained (gm) Diameter Gnm) % Passing i % Total Sample 3" ` 0 ``t 76.2 38.1 25.4 10.05 12.7 9.525 4.7500 '100.0 100.0 100.0 100.0 '100.0 100.0 - 100.0 ; 99.8 98.3 1'!Z" 0 100.0 V. 4 0 100.0 314" , 0 100.0 1/2" ,` 0 100.0 3/8" 0 100.0 No.4 1.46 99,8 No. 10 10.95 2.0000 0.8500 0.4250 0.2500 0.1500 0.0750 98.3 No. 20 .'1 12.11 90.8 89.2 No. 40 51.56 60.8 59.8 No. 00 106.26 26.8 226.4 No. 100 121 1.03 8.0 7.9 No. 200 125.72 3.7 3.6 j Pan 126.601 3.6 3.5 I APPENDIX D CHEMICAL TESTING RESULTS ANCHOR FIGURER /'� rl o sus ns aso Rhine Channel Site Map with ENVIRONMENTAL. L.L.C. Fee, Sampling Stations and Area Breakdown Estimate of Impacted Sediment Volume Table 3 Draft Results of Analytical Testing Location ID R504 -01 R304 -01 RSO4 -01 RSO4 -01 RSO4 -01 RSO4 -01 RSO4 -02 RSO4 -02 RSO4 -02 RSO4 -02 RSO4 -02 RS•)4.03 RSO4 -03 RSO4 -03 RSO4 -03 RSO4 -03 Sample ID Newport RC -1 RS04- 01 -0 -60 RSO4 -01£0 -120 RSO4 -01- 120 -140 RSO4 -01- 140 -150 RSO4 -01- 150 -200 RC -2 RSO4- 02.0 -30 RSO4 -02 -30-45 RSO4- 02 -45 -59 RSU4- 02 -65 -72 RC.3 RSO4- 03 -0 -30 RSO4- 03 -30 -38 RS04- 03 -38 -68 RSO4- 03 -68 -86 Sample Date Bay SCCWRP'02 11/1012004 11/10/2004 1117012004 1111012004 11/10/2004 SCCWRP'02 1111012004 11/10/2004 1111012004 111102004 SCCWRP'02 11/1012004 11/10/2004 1111012004 1117012004 Depth Interval ERL ERM TMDL 0.10 cm 0 -60 cm 60 -120 cm 120 -140 cm 140 -150 cm 150.200 cm 0.10 cm 0.30 cm 30 -45 cm 45 -59 cm 65 -72 cm 0.10 cm 0 -30 cm 30 -38 cm 38 -68 cm 68 -86 cm Conventionals ( %) I Total Solids - - -- -- 39.60 _ 47.70 _-- 57.30 6620 1 - -75.50 59 59.10 54.30 _ 78.10 - - -� - 79.90 55.20 64.10 - -1 - -- 7930 Total Organic Carbon_ 1.49 2.64 2.4s 1.46 0.45 I 0.23 2.53 1.05 I 2.21 2.99 0.04 - 1.78 _., 1.29 1.83 1.19 -- _- _ ___.. �_ Gala sire - Gravel _ a 0 6 0 (- o 0 0 I o o D 0 g- I o Sand 5.77 72.87 _ 15.56 65.52 8.18 - -- 66.53 63.65 I 26.90 ( _ 60.40 _ 2951 _ _ 30.57 25.33 1 3.72 95.98 2625 17.79 16.67 i 58.39 Silt _ 53.41 56.55 69.31 4.02 _ _ 54.84 63.91 58.98 1 31.27 Clay 21.37 18.92 25.30 9.46 I _. 10.09 16.02 18.12 26.97 0 - -_ 18-41 18.30 24.35 1 10.33 Fines _ 81.6 94.23 84.44 91.82 36.35 1 39.60 71 69.43 __. -- 74.67 9828 -._-_ 4.02 T1.8 -_ 73.76 82.21 _. 83.33 1 41.61 Metals(mg/k9) -._ _- _ _. Aluminum , 20.30 E 24.90 E _ 11.90 E I 5.49 _ I 5330 2.74 12.7 E E r 1220 17.10 8280 2.62 E E E I E 5.52 Arsenic 8.2 70 Cadmium 12 9.6 0.67' 0.61 2.07 2.53 1.35 - 0.37 1 0.11 0.84 1.04 1.64 1.37 0.08 _.,_. 1 am 1.01 0.34 Chromium 81 371 52 30 68.60 5830 41.70 14.30 I 7.19 41 37.30 45.30 59.30 925 53.4 27.90 49 43.20 28.50 Copper _ _ 34 270 18.7 161 - �"'O-3� _ 10.10 184 _175 6.25 _ 32 Iron 54500 38900 13700 1 77_70 29000 39600 64700 22800 62200 39500 1_ 24800 Lead 46.7 218 - -_� 30.2 _ 11.8 _50800 186 jEW7.40 - 1 - - 25.4U 99.70 19.60 - -_- 25.50 - - - - 6.40 _ 7.88 3.34 _ _ - 122 117 _9870 _ 11.90 19.90 1 12.10_ Mercury 0.15 0.71 0.13 16.4 15.20 19.50 _ JJRP.20 M 4.22 Nickel 20.9 51.6 Selenium 2.01 1.43 1.09 0.36 0.29 1.35 0.99 1 1.18 0.24 0.74 0.90 0.93 _ 1 0.46 Silver 1 3.7 0.43 0.45 0.44 0.16 0.04 0.02 0.24 0.18 0.20 I 0.43 0.05 0.23 1 0.13 1 0.20 0.17 1 0.06 Zinc 150 410 _ 124 73.90 _ 22.50 297 394 21.20 _ 70.90 Organotlns (pglhg) _ i _ I I Monobutyltin _ -. . 3 U 75 3 U -__ 3 U 3 U 3 U 3 U 3 U 3_U 3 U 3 U 76 3 U 3 U 30.70 i 3 U 3.0 3 U l 3 U 19 3 U 3 U 3 U 3 U 3 U _- 3 U _ _ - . _ . _ _ _ _- Dlbulyllin Tributyllin 55.8" - 3 U 3 U � _ 3 U___ _ ...__...... 231 90 - 3U 3U � 1020 3U I 3U Tetrabulyl0n 3U 3U 3U 3U 3U 17 _ 3U 3U 3U 3U 3U 3U _ 3U SVOCs pglkg) 1340 - - _ 880_50 _ - 999.80 461.40 56.30 _ 2200 4162 1724.20 0 1530 466.80 1 128.50 Total PAHS (MTCA) 4022 41792 Pesticides (p9/k9) _ -- - 1 _ _ . _ I - _ Total DDT(LI4) _ 1.58 46.1 3.89 0_- 0_ o _ 0 0 I 0 D _ _.._ 0 - __.. __0 _ _. - 0 PCBs (pglkp) _ _ .___.... .- - -20U - _ Arodor 1018 20U 20U 20U i 20U �_UI20U _ _ i 20U _ ZOU __ 20U _. _20J . -. 20U 4 20U Aroelor 1221 20 U _ 20 U 20 U 20 U I 20 U 20 U _ 20 U 1 20 U 20 U 20 U 20 U _ 20 U I 20 U Aroclor 1232 20 U 20 U 20 U 20 U 20 U 20 U 20 U 1 20 U 20 U _ _ _ 20 U 20 U 20 U 20 U 20 U 2(1 U _ _ 20 U 20 U 20 U _ 1 20 U 20 U 20 U Aroclor 1242 _ 20 U 349 20 U 20 U 20 U _ 20 U 20 U 1 20 U 20 U - 20 U 1 20 U 20 U 20 U - _ Aroc kir 1248 _ 20 U 20 U 20 U 20 U 20 U - -- A 1254 _ 8450 252 20 U 20 U 20U - - - _ 88.80 _ 20 U _ _ 20U 20U T 20 U 20 U 206 20 U - 76.70 20 U- 20U -- 20 U - 20U -20 U 1 200 r 20 U cl;-f Arodor 1260 _ _ _ 20 U 20 U 20 U 20 U 20 U PCB Congeners (pglkg)__._- ___ - Total PCBs (ConoenanO 22.7 180 21.5 0 0 t 0 0 I 0 0 0 ' Cadmium TMDL technically applies to Upper Newport Bay, provided hem for reference purposes only Newport Bay TMDLs = Threshold Effect Levels (TELs) = Exceeds the Newport Bay TMDL, but not the ER -L or ER -M Exceeds the TMDL (when applicable) and ER -L, but not the ER -M = Exceeds the TMDL (when applicable), ER -L and the ER -M TST Criteria = NOAA (Meador et al. 2002) average TOC = 0 93% adena = 6000 ng/g OC = 6000'0 0093 = 55 8 nglg Table 3 Draft Results of Analytical Testing Location ID RSO4 -04 RS04 -04 RSO4 -04 RS04 -04 RSO4 -05 RSO4 -05 RSO4 -05 RSO4 -06 RSO4 -06 RSO4 -06 RSO4 -06 RSO4 -07 RSO4 -07 RSO4 -07 RSO4 -08 RSO4 -08 RSO4 -08 Sample ID Newport RC-4 RSO4- 04.0 -25 RSO4 -04 -25 -50 R504- 04 -50 -99 RC -5 RSO4.05.0 -60 RSO4 -05-60 -134 RC-6 RS04 -06.0 -00 RSO4 -0640 -120 RS04 -06- 120 -200 RC.7 RSO4 -07 -0-60 RSO4 -07-60 -171 RC-8 RSO4- 08 -0-30 RSO4 -08 -30 -90 Sample Date Bay SCCWRP'02 1111012004 11/1012004 11/10/2004 SCCWRP'02 11110/2004 11/1012004 SCCWRp'02 1111012004 11/1012004 11/10/2004 SCCWRP *02 11/1012004 11/10/2004 SCCWRP'02 11/1012004 11110/2004 Depth Interval ERL ERM TMDL 0 -10 cm 0 -25 cm 25 -50 cm 50 -99 cm 0 -10 cm 0 -60 cm 60 -134 cm 0 -10 cm 0 -00 cm 40 -120 cm 120 -200 cm 0.10 cm 0-60 cm 60 -171 cm 0 -10 cm 0.30 cm 30 -90 cm Conventionals ( %) _____. - -_ ____ TotalSolids 52.70 62.60 88.40 57.30 71.70 51.60 i 66.80 55.90 77.60 _ _- - 53.80 71.80 Total Organic Carbon 3.23 1.8 1.19 1 O.M 1.41 1.86 0.14 1.0 1.4 _ 0.59 0.19 _j_51.60 1.7 i_128 _ 0.34 1.36 1.02 0.48 - Grain 5 @e - - _ _ _ -' Gravel - -- U - 24.07 58.61 _ 0 19.97 59.05 0 56.05 31.97 0 0 0 0 I 0 0 0.. 14.31 L 41.38 - - Sand -I_ _- 29.23 1 50.91 _ 1.52 i 59.55 61.17 31.29 t 10.97 43.54 Sift _ 51.78 35.92 65.92 42.65 -- 64.62 45.05 17.32 20.98 l 11.97 l 19.01 13.17 21.31 - 9.16 23.11 13.81 21.07 13.57 Fines 87.3 l 70.80 ( 48.09 75.1 82.48 i - 40.45 90.6 _�_ 89.03 � 56.16 93 85.69 58.82 78.1 75.93 80.03 � 43.65 Mata�m�llc91_ __ _.,E -- _ -E I._._E _- _. ___ _.- - .E -- _ -- 9220 E -. _- E - - -E - Aluminum -. -.E -� E Arsenic -_ - 8.2 70 _ 5.19 4.18 13.7 15.70 6.60 - 3.46 1.40 _ _ 5.31 Cadmium 1.2 9.6 0.67' 1.02 0.46 0.84 0.20 0.88 1.08 0.50 0.16 0.95 1.06 I 0.13 0.73 0.70 0.24 _ Chromium 81 371 52 75.9 50.60 37.60 20.50 64A 49.10 1 21.60 55.3 49.10 21.40 11.40 73.1 18.80 14.30 60.7 35.50 23.30 Copper _ _34 270 78_._7 _ 211 ' 22.70 66.20 ■ 14.20 _ 9 91 19.70 Iron _ 36200 31200 19000 39500 - 18100_ _ -- 36700 19700 10800 1 37300 _13900 30100 22000 Lead _ _ _46.7 218 302 37.70 12.10 717 101 34.50 12.50 5.05 1270 Mercury 0.71 0.13 _ 0.65 0.15 Nickel 20.9 51.6 _ 79.90 16 9.40 9.i 20.50 10.30 4.99 7.22 15.80 10.90 Selenium 1 1.33 0.85 0.39 _ 1.05 I 0.40 1.47 0.64 0.33 i 1.70 0.34 1.07 _ 0.36 Silver 1 3.7 _ 0.25 1 0.37 0.61 0.08 0.21 0.20 1 0.05 0.18 0.31 0.06 0.04 021 1 0.35 0.02 0.19 0.15 0.05 Zinc 150 410 124 83.20 44.50 397 286 107 34.20 29.30 50.40 Organotins (Pgfkg) Monobutyl0n 3U l 466 _ 3U 3 U 3U 3 U 3U 3U _ 3U 25.50 3U 3 U 3U 3 U I 3U 3U 3U _ 10.90 3U 3 U Dibutyltin - 3 U i 3 U I 20 i 3 U Tnbuty10n _ 55.8- 19.40 -- 31.1 51.20 3 U - 82.30 3-U-- 4 - 37.50 _ _ 3 U 30.30 _ 36 Tetrabutyllin 46.70 3 U -- - 3 U - -- -- - -- -3 U - 3 U _ 21.80 -� -- 3 U -- - 3 U - _ 3 U _ 3 U - -- 3 U _ 3 U SVOCS (V90.g) 2410 743.90 780.10 788.10 Total PAHs (MTCA)_ 4022 44792 2831 1796.70 253.70 _ 1200 3300.80 285.30 864 787.20 0 1180 180.80 271.10 _ Peatioidaa (lAilkg) _ -.. -_ _ __ _ Total DDT (U�) 1.58 •46.1 3.89 0 0 0 � 0 0 0 0 0 0 0 _.. 0 PCBs (ppllrg) Anpclor 1016 -- - 20 U 211 U 211 U 20 U 20 U 20 U 26-6 20 U 2(1 U 20 U 20 U 20 U _ - -20 U _ 20 U ^_ 20 U - -- - - 20 U 20 U _ _ 20 U 20 U Amcor 1221 - - - -- 20 U 20 U _ 20U I 20 U 20 U - Amcor 1232 20 U _ 26U _ _ 20 U - _ 20 U - 20 U - - 20 U I _ 20 U _ 20 U _ 20 U _ _ 20 U _ _ 20 U _ _ 20 U Ardor 1242 20 U 20 U _ 20V 20 U_ 1 20 U 20 U 1 20 U 20 U 20 U 20 U 201.1 20 U Arsclor 1248 _ 20 U 20 U 20 U 20 U 20 U _ 20 U ! 20 U 2(1 U _ 1 20 U 20 U - 20 U 20 U Amclor_1254 _ _ _ - -_- - - _ 96 -20U 20 U - - _ 200 - - - -- ._ 206 I 20 U 77.10_ 1 _ 20 U_ -- - 20 U 1 43 20 U - - - - -20 U 20 U 20 U 20 U Aroclor 1260 20 U 20 U 20 U 2(1 U 20 U 20 U 20 U 20 U - 20 U PCB Congeners (pg0.9) Cadmium TMDL technically apples to Upper Newport Bey, provided here for reference purposes only Newport Bay TMDLs= Threshold Effect Levels (TELs) Exceeds the Newport Bay TMDL• but not the ER{ or ER -M Exceeds the TMDL (when applicable) and ER -L, but net the ER -M = Exceeds the TMDL (when applicable), ER{ and the ER -M TBT Criteria = NOAA (Meador al al 2002) average TDC = 0.93% Miens = 6000 rglg OC = 6000'0.0093 = 55 .8 ng/g Table 3 Draft Results of Analytical Testing Location ID RSO4 -09 RSO4 -09 RSO4 -09 RSO4 -10 RSO4 -10 RSO4 -10 RSO4 -11 RSO4 -11 RSO4 -11 RSO4 -12 RSO4 -12 RS04 -12 RSO4 -13 RSO4 -13 RSO4.13 Sample ID Newport RC -9 RSO4- 09 -0-35 R504 -09 -35 -110 RC -10 RSO4.10 -0-55 RSO4 -10 -55-83 RC -11 RSO4- 11 -0 -03 RSO4 -11 -50-63 RC -12 RSO4- 12 -0 -05 RSO4- 12 -66 -99 RC -13 RSO4- 13 -0 -50 RSO4- 13 -50 -83 Sample Date Bay SCCWRP'02 11110/2004 11/10/2004 SCCWRP'02 11110/2004 11/1012004 SCCWRP'02 1111012004 1111012004 SCCWRP'02 11111/2004 11/11/2004 SCCWRP'02 11111/2004 11111/2004 Depth Interval ERL ERM TMDL 0 -10 cm 0 -35 cm 35 -110 cm 0.10 cm 0 -55 cm 55 -83 cm 0 -10 cm 0-43 cm 50 -63 cm 0.10 cm 0d5 cm 66 -99 cm 0.10 cm 0.50 cm 50.83 cm Conventionals (°) • Total Solids 60.10 33.20 69.10 71.90 54.80 76.50 68.90 -- -- 1 86.30 49.70 71.30 Total Organic Carbon 1.33 0.74 0.09 1.74 0.34 0.13 0.95 0.6 I 0.06 1.02 0.5 0.02 1.5 1.11 0.48 Grain Sin Gravel 0 0 _ 0 1120 0 77.96 0 74.70 I 0 3827 6.99 100 0 3.92 0 2233 Sand - - -- - 13.19 70.36 Sift - -- 62.08 22.56 _ 65.69 16.92 18.36 I 44.76 1 0 7282 55.13 24.73 7.08 23.10 522 - 6.95 18.97 1 0 2326 22.04 Fines 95 86.81 29.64 91.8 -T- -88.80 2214 93 __ �_ 25.30 91.5 1".73 0 94.3 96.08 77.17 . -- -- - - - - _ _ - _ -._ _ _. -_ -_i - _. - -- - E �_ 8560 - -- E 3660 E - 2390 Aluminum Aluminum E i 2890 E E Arsenic _ 3.2 _ 70 _ _ 17.7 10.4 - 2. - 28 4.56 _ l 3.45 _ _2.90 1.95 _ &45 Cadmium 1.2 9.6 0.67' 0.98 0.62 1 0.4,_. 0.88 0.21 0.09 0.77 0.80 I 0.06 0.68 0.39 _..,- 1 0.03 1.03 0.82 0.26 Chromium 81 371 52 86.2 35 3.61 68.9 10.90 9.73 63.4 32.90 4.67 83.1 23.80 l 3.14 74.5 50.20 27.30 Copper _ 34 270 18.7 1990 _ 3.18 529 1.33 3210 5.95 7A600 5380 18700 3420 Iron -Lead _ - - -- - -46.7 26200 4960 9230 10800 36600 23300 -_ -22.10 218 30.2 138 __ 1.86 20.50 2.58 3.79 1.08 Mercury 0.15 0.71 0.13 0.11 0.12 0.07 Nickel 20.9 51.6 14.20 _201 4.87 &18 _ 13.80 249 1020 l 1.34 _ 1230 _ Selenium _Set - - 0.79 0.18 0.29 2 '_- 0.22 0.88 ..__ -._ 0.25 I 0.58 _ 0.15 ' _.15 _ .. 1.07 _ 0.34 - SHM 1 1 3.7 0.17 0.12 0.05 U 0.2 0.05 0.02 _ 0.14 0.14 I _ 0.03 _ _ 0.06 _ D.05 U 0.18 1 0.26 _ 0.14 Zinc 150 410 124 149 9.49 _ - - . _- _ 58.80 21.70 12.70 111 I 4.84 68.90 Organe6ns (p9At9) _ - _ i _ I i - Monobutylbn 3 U 3 U 3 U 3U 3 U_ 3U 1_ 3U 1 3U 3 U 3 U_ Dibutyllln i - 156 3-U 23.60 3 U 4� 3 U � 3 U I 3 U_ 3 U � 3U TribulylOn 5_5.8" 84AN 3U 2.21 �_ 3U_ ---- 3U-- -_ _^ -�3U Telrabutyldn _� 34.30 _ 3 U 12.20 I 3 U 3 U i 3 U 3 U 31.1 3U _ 3U SVOCs (p90.9 _ _ 1 Total PAHs (MTCA) 4022 44792 1160 587.10 1 13.70 969 1341 I 24.70 828 1.5.26.20 � 33_60 778 582 0 1171 ii1.30 274.40 Pesticides (pg8tg Total DDT (U_T_ 1.58 _ -__- 46.1 _ 3.89 -__ _ 0 0 0 0 0 0 I o 0 0 ___. - PCBs(Kft) I_ _ r _ _ 1016 20 U j 20 U 20 U I 20 U 20 U 1 20 U I 20 U U 20 U 20 U _AraGor Arocim 1221 -I 2( FU _20 1 20 U _ 20 U 20 U -20 U 20 U - -_ _ - 20 U I 20 U -__2O U . __. 20 U Aroclor 1232 20 U _ 20 U 20 U 20 U 20 U _ 20 U I 20 U _ 20 U 20 U 20 U Aroclor 1242 20 U 20 U 20 U 20 U _ 45.10 20 U U U 20 U 20 U Aroclor 1248 20 U 20 U 20 U 1 20 U 20 U 20 U 1 _20 20 U _20 20 U _ _ 20 U 20 U Araclw 1254 30.40 20 U 42.80 1 20 U 71.30 1 20 U I 22.80 i 20 U � 20 U 20 U AroGOr 1260 _ 20 U � ZO U .. - 20 U _ - , 20 U - _ -� u _� u _ _ j -� u i -20 U 20 U _ 20 U _- PCB Congeeers (p90.g) _ _ _ _- ( _. _ _ _ -_ -_. ._- . _ _ - -__ _ _ I - __ Total PCBs (Congeners) 22.7 180 21.5 0 0 0 0 0 0 Cadmium TMDL techmceliy applies to Upper Newport Bay, provided here for reference purposes only Newport Bay TMDLs = Threshold Effect Levels (TELs) • Exceeds the Newport Bay TMDL, but not the ER -L or ER -M = Exceeds the TMDL (when applicable) and ER -L. but not the ER -M • Exceeds the TMDL (when applicable), ER -L and the ER -M " TBT Crilena = NOAA (Meador el al. 2002) average TOC = 013% criteria = 6000 ng/g OC = 6000'0.0093 = 55 8 ng/g Table 3 Draft Results of Analytical Testing Location ID RSO4 -14 RSO4 -14 RSO4 -14 RS2 -14 RS244 RS2 -14 R504 -15 RSO4 -15 RSO4 -15 RS04 -15 RSO4 -16 RSO4 -76 RSO4 -16 RS2 -16 I RS2 -16 R52 -16 Sample ID Newport RC -14 RSO4.14 -040 R504. 14-00.59 RS244-047 RS2.14 -70.86 RS2 -14- 104.118 RC -15 RSO445.040 RSO4 -15 40-80 RSO4- 15 -00 -95 RSO4.16 -030 RSO4 -16- 50.100 RSO4.16. 100450 RS2.16 -0-53 RS2- 16.70.90 RS2.16 -130 -140 Sample Date Bay SCCWRP'02 11111/2004 11111/2004 21912005 2!912005 21912005 SCCWRP'02 11/10/2004 11/10/2004 1111012004 11110/2004 11/1012004 1111012004 2/912005 21912005 219/2005 Depth Interval ERL ERM TMDL 0 -10 cm 040 cm 40 -59 cm 047 cm 70 -86 cm 104 -118 cm 0.10 cm 040 cm 40 -80 cm 80 -95 cm 0 -50 cm 50.100 cm 100.150 cm 0.53 cm 70 -90 cm 130440 cm Tolal Solids 61.10 69.40 I 5896 6.66 79.70 57,90 51.90 69.70 Total Organic Carbon 1.68 0.66 0.05 � 1.8 I 0.9fi 0.66 0.04 1.8 1.32 0.58 I Grain Sin ( %) Gravel 0 0 0 0 0 0 0 0 Sand _ 16.82 61.51 _ 92.75 _- 8.35 - - -- - - - - -- -- - -- - - - - 6.32 _� 16.72 51.39 25.21 58.75 14.69 61.63 34.55 46.79 - _ _ silt _ 69.65 60.57 36.30 Cl ay - - 93.1 21.87 - 63.18 0.89 7.25 _ _ _. _- � 24.03 - 22.71 - 12.31 16.03 23.67 18.66 Fines 92.2 93 -68 8328 48.61 74.79 85.31 65A5 _ 8.8 E - E _ 2330 2.44 E E E 38000 t 11000 3.11 4240 1.82 Aluminum - E E 36400 2790 1750_ 1.76 1.91 -_8.2 70 Arsenic Cadmium 11 9.6 0.67* 0.71 u.1 0.56 0.41 0.63 0.05 U 0.05 U 0.63 0.57 1 D.44 0.03 0.93 0 72 _ 1.11 ' 0.076 1 0.05 U Chromium 81 371 52 64.3 39,50 24.50 34.7 0.94 0.49 46.9 40.80 1 31..30 1 4.11 39.20 46.20 38.20 3.08 1 9.5 I 3.08 Copper 34 270 18.7 0.853 1 0.671 225 1.5T 8.12_ 3.02 Iron _ _ 32500 78800 _ - 34200 3810 2890 -- _- 29700 26700 3820 28000 37400 1 34600 36400 1 _ 14000_ 6200 Lead 46.7 2 1 8 _ 302 42.50 0.853 0.521 -4t 1.93 9.5 1.91 Mercury 0.15 0.71 _ 0.13 0.007 E 0.064 0 -OB 0.132 0.063 Nickel 20.9 51.6 _ 1720 10.20 15.1 1.1 1.31 19.5 17.60 14.30 1 1.69 15AO 20.30 17.60 15 1 5.1 1.88 Selenium _ _ _ - 0.71 0.48 - 0.09_ 0.318 1 0.82 _0.86 0.59 1 025 0.95 0.85 _ _ _ _ 0.65 1.1 0._521 0.433 _ _ Silver 1 3.7 022 0.12 _ _ - 0.10 0.105 0.05 U I U 0.35 _ I 0.19 0.07 1 0.05 0.22 0.26 0.19 0.104 1 0.05 U 0.056 Zinc 150 410 _ 124 _ 120 _ 108 ® 4.21 _0.05 I 2.65 80.60 - -- 5.58 277 2 148 - -� 27 -- 8.59 - O_rgano8ns (p9 /k9) _ I MonobulYlfin 3U 3U 3 U 3 U I 3 U 3 U 3 U � 3 U Dibulyltln 31.1 1 31.1 429 18.40 3U 1 13.50 3U � 3U TrlbutylOn 55.8" - 1.90 3.70 I I 29,80 i 3 U i 3U 2870 40.90 3U 1 � 3U � 3U i � U i 3U i 3 U TetrebulylUn 52.60 3 U 3U I SVOCs (pglkg) • , 15.3 _ 711.30 134.50 Total PANS (MTCA) 4022 44792 1320 151.70 105.70 i 1380 189.60 118.10 0 Pesticides (pgikg) -- ._ - -- _ -_ - _ - - i - - -- - - ..__._- - Total DDT (U=-0) PCBS ip9fk9)_ 1.56 46.1 3.89 0 0 __ -___ 0 - 1 0 ;20 0 0 i Arodor 1016 20 U - 4 U 20 U 20 U �0 U 20 U 20 U 20 U 20 U 20 U 20 U Arodor 1221 20 U 20 U 1 20 U 20 U 1 U Arcolor 1232 20 U - 20 U 1 20 U 20 U 0 U 20 U 20 U _ 20 U Aroclor 1242 20 U 20 U _ 20 U 20 U 20 U 20 U 20 U 20 U 20 U 20 U. Aroclor 1248 20 U 20 U 20 U _ 20 U 20 U 20 U Aroclor 1254 20 U _ _ - 20 U • _ 20 U 20 U _ 20 U_ 20 U ' 20 U _ 244 20 U _20 U 20 U _ 20 U 20 U _ Aroclor 1260 _ _ _ 20 U 20 U 20 U PCB Congeners _ _9 lv_gene �_� - Total PCBs (Congeners) 22.7 780 27.5 0 0 0 p l 0 0 0 Cadmium TMDL tetlmi mlly applies to Upper Newport Bay, provided here for reference purposes only Newport Bay TMDLs = Threshold Effect Levels (TELs) = Exceeds the Newport Bay TMDL, but not the ER -L or ER -M Exceeds the TMDL (when applicable) and ER -L, but not the ER -M = Exceeds the TMDL (when applicable), ER -L and the ER -M TBT Criteria = NOAA (Meador at al. 2002) average TOC = O.93% criteria = 6000 ng/g OC = 600010.0093 = 55.8 ng/g APPENDIX E RHINE CHANNEL DEBRIS SURVEY N ;r r t ;tea I.M ik 1 t i , FLEA -• � '�.- �'�L`?'1r�� <_.. .. s w . i. At 111b.— l '�J o . jj }1ti t 1 ,v I Jw it I �j NO DESIGNED BY: 2: 9URVEY EQUIP VESSEL: WALTER G" q. 9UgVEY EQUIP ENT: HORIZONTAL: TBB P../MV. DRAWN BY: VERTICAL: REBON BEAB.T B 10 1. 3, BOUNCING ARE MEASURED IN FEET AND TENTHS AND REFER To CHECKED BY: MLLW As DETERMINED FRG. ON 'GRANITE PEDESTAL. ELEVATION 8.57 MLLW. 4: THE STATIONING AND HORIZONTAL POSITION ARC BASSO ON STATE PERMITTEE: SPECIFICATION NUMBEF PLANE COORDINATE: REFERENCCO TO NAD 83 CALIFORNIA ZONE 6 I m COLOR CODE LOCATION: RHINE CHANNEL (2 OF 2) NEWPORT BEACH, CA SURVEY FOR: ORANGE COUNTY COASTKEEPER 5ugvICY BY: GAHAGAN & BRYANT ASSOCIATES, INC. DAAnHIC eAq SCALE +O O JD ED SUVEY DATES: R AUG 04, 2004 PLOT DATE: AUG 30, 2004 FLEA -• � '�.- �'�L`?'1r�� <_.. .. s w . i. At 111b.— l '�J o . jj }1ti t 1 ,v I Jw it I �j NO DESIGNED BY: 2: 9URVEY EQUIP VESSEL: WALTER G" q. 9UgVEY EQUIP ENT: HORIZONTAL: TBB P../MV. DRAWN BY: VERTICAL: REBON BEAB.T B 10 1. 3, BOUNCING ARE MEASURED IN FEET AND TENTHS AND REFER To CHECKED BY: MLLW As DETERMINED FRG. ON 'GRANITE PEDESTAL. ELEVATION 8.57 MLLW. 4: THE STATIONING AND HORIZONTAL POSITION ARC BASSO ON STATE PERMITTEE: SPECIFICATION NUMBEF PLANE COORDINATE: REFERENCCO TO NAD 83 CALIFORNIA ZONE 6 I m `% COLOR CODE LOCATION: RHINE CHANNEL (1 OF 2) NEWPORT BEACH, CA SupvEY FOR: ORANGE COUNTY COASTKEEPER QRAP.0 DAR..LE SURVEY BY: GAHAGAN & BRYANT ASSOCIATES, INC. .D D po SURVEY DATES: AUG 04, 2004 —�-- -- PLOT DATE: AUG 30, 2004 _ O IS *47 a. bolt NOTES: DESIGNED BY: I. SURVEY VESSEL: "WALTER G' a. SURVEY Equip MHNr. HORIZONTAL: TSS POS /MV. DRAWN BY: VCRTICAL: RE9ON SEAHAT B 10 1. 3. SOUNDING ARE MEASURED IN FEET AND TCNTHH AND REFER To CHECKED BV: MLLW AS DETERMINED FROM SM'GRANITE PEDEST.L•. ELEVATION 6.57 M LLW. 4: TNC STATIONING AND HORIZONTAL P05ITPON ARE BASCO ON STATE PERMITTEE: SPECIFICATION NUMBER: PLANE COOROINATEH 0.FFCRCNCEO 10 MAD 83 CALIFORNIA ZONE 6 �EwaoRr CITY OF NEWPORT BEACH City Council Staff Report Agenda TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager APPROVED: G TITLE: RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP — AWARD OF CONTRACT NO. 4555 ABSTRACT: This project involves removing contaminated sediment from the Rhine Channel as well as beneath a portion of the private docks along that channel, and delivering that sediment to the Port of Long Beach for disposal. In addition, a small area near Marina Park, a portion of the American Legion marina, and the 15th Street public pier area will also be dredged. Many concrete piles that support the private dock floats will be replaced to accommodate the increased depth after dredging. RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 4555 to Dutra Dredging Company for the total base bid price of $3,369,555 plus $80,850 for extra work associated with the Lido Yacht Anchorage which will be completely funded by the Curci Companies, and authorize the Mayor and the City Clerk to execute the contract. 3. Authorize the City Manager or his designee to execute any future agreements with private parties who may seek additional dredging along their docks. This extra work, if any, will be entirely funded by the private party requesting the extra work. 4. Approve Budget Amendment No. 11- recognizing a contribution of $80,850 from Curci Companies and appropriating $80,850 to Account No. 7231- 04402005. 5. Establish an amount of $517,561 (approximately 15% of base bid and extra work) to cover the cost of unforeseen work not included in the original contract. RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP — AWARD OF CONTRACT NO. 4555 May 10, 2011 Page 2 FUNDING REQUIREMENTS: The current adopted CIP budget includes sufficient funding for the award of this contract. The following Tidelands funds will be expensed: Account Description Rhine Channel Dredging Rhine Channel - Private Proposed uses are as follows: Vendor Purpose Account Number 7231- C4402004 7231- C4402005 Total Dutra Dredging Company Mobilization Dutra Dredging Company Dredging, Transport & Disposal Dutra Dredging Company Environmental Protection Dutra Dredging Company Pile Work Dutra Dredging Company Dutra Dredging Company DISCUSSION: Amount $3,887,116.00 $ 80,850.00 $3,967,966.00 Total Base Bid: Channel Road Dredging (Curci) Construction Contingency Total: Amount $ 702,530.00 $1,708,175.00 $ 40,000.00 $ 918,850.00 $3,369,555.00 $ 80,850.00 $ 517,561.00 $3,967,966.00 At 10:00 AM on April 5, 2011, the City Clerk opened and read the following base bids for this project: Total Bid Amount Low Dutra Dredging Company $3,369,555.00 2nd R.E. Staite Engineering, Inc. $3,547,200.00 3`d AIS Construction Company $5,120,800.00 4th Manson Construction Company $6,221,750,.00 As Bid Amount $5,395,800.00 $6,596,750.00 The low total base bid amount is 19 percent below the Engineer's Estimate of $4,168,000. The difference between the low total base bid amount and the Engineer's Estimate is attributed to the favorable bidding climate. The low bidder, Dutra Dredging Company, possesses a California State Contractor's License Classification "A" as required by the project specifications. A check of the contractor's references indicates that they have satisfactorily completed similar projects along the west coast. Pursuant to the Contract Specifications, the Contractor will abide by the Port of Long Beach's Fill Plan which currently states that material will be delivered to the Port of Long Beach from RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP — AWARD OF CONTRACT NO. 4555 May 10, 2011 Page 3 August 2011 through December 2011. The contractor will be managed by the City's consultant, Anchor QEA, with the entire project being managed by Public Works, Harbor Resources. It is possible that private parties along the Rhine Channel will request extra dredging (e.g. dredge closer to their bulkhead) beyond what the City's current budget allows for. One such property is the Lido Yacht Anchorage, owned by the Curci Companies, who have been planning their extra dredging work in conjunction with the City's planning and permitting process since the beginning. This work was considered extra and was bid separately by Dutra Dredging Company for $80,850.00. The Curci Companies will fund this extra work, however, the City will contract directly with Dutra Dredging Company because it is the City that holds the agency permits and approved Memorandum of Agreement with the Port of Long Beach. The Office of the City Attorney will assist in drafting an appropriate agreement with the Curci Companies to protect the City's interest. There may be one or two other properties that might desire this same arrangement if they can design their project in time. Staff is willing to work with these other property owners in the spirit of assisting with their contaminated sediment disposal needs as long as this extra work in no way interferes, delays or restricts the City's current agency permits and agreement with the Port of Long Beach. ENVIRONMENTAL REVIEW: The City prepared a Mitigated Negative Declaration for this Project that was reviewed and approved by the City Council in July 2010. NOTIMNr;- The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: �en- ttaoum Public orks Director Attachments: A. Vicinity Map — Dredge Footprint of the Rhine Channel B. Vicinity Map — Dredge Footprint of Marina Park, American Legion and the 15`" Street Public Pier C. Vicinity Map of the Port of Long Beach Middle Harbor Fill Site i 1 /l/ � Yl A 9 e t I. Z An S Y q4L }td Y F' �ti� r i5♦.��..s�ti' l irk y tr., cf'r y_ r i ��_ �, . -� ..,..Q.i�•ry--- '�,d91r '} -- nrf� �_ �- '! i'' 1 � na. a - va - ir''s• t �" �,ei�— ��a ; 1i0 "r 1 ,_�� 6 . - �F°i it '_ � `d I� /i �Y+= .Cil "�Y .�.%_ w 1 ray a rtrs. -�- i� 1 t.i�'y sdD,aTjo ck. i'4y i roil orl'ang 8eacbf�s➢o>al9fe) } ➢�= � i Ilk orNewport0earhlamJecTSirei .r �,� rt s�M Example,Barge� _ �f S fi tom" �7 r ♦ � � f' a. , � . L ,s r y� (Q'Il _ Mlddle,Narbor g -<,J -Redeyelopinent It-a ,ProlectrAre'a 1, t t i Lvi s y� COF Fill .Si�te " of y�l k, i _ne �Mld e chi or � l ,',� ^�a, dle Harb yi ' I� t r \ o+ Ciftr of Newport Beach BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 11BA -042 AMOUNT: $80,850.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations to recognize a contribution from Curci Companies for extra work related to the Rhine Channel contaminated sediment cleanup. The extra work is associated with the Lido Yacht Anchorage. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account 2370 5938 EXPENDITURE APPROPRIATIONS (3603) Description Description Harbor Resources - Curci Companies Contribution Description Division Number 7231 Tidelands - Capital Account Number C4402005 Rhine Channel Private Marinas Division Number Account Number Division Number Account Number Signed: Signed Finaribial Appro l: Administrative Services Director AdmlAtrative Approval: Ci Manager Amount Debit Credit $80,850.00 $80,850.00 4 -21 -11 Date 51 t ul Date Signed: City Council Approval: City Clerk Date