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Home My WebLink AboutC-7659-1 - American Legion Bulkhead Wall RepairCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk September 12, 2024 Applied Restoration, Inc. Attn: Mr. Oscar Bianci 1965 Gillespie Way, Suite 104 El Cajon, CA 92020 Subject: American Legion Bulkhead Wall Repair Contract No. 7659-1 Dear Mr. Bianci: On September 12, 2023 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 65 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 September 13, 2023, Reference No. 2023000222809. Enclosed is the released Faithfitl Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium: $24,790.00 EXHIBIT B Executed in Two (2) Original CITY OF NEWPORT BEACH BOND NO.CMGP00005853 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 24,790.00 , being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal," a contract consisting of installing a new external steel wale below the existing bulkhead cap, localized repairs to the existing bulkhead including the existing access gangway, and existing utilities and other features shall be protected in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Argonaut Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Ninety One Thousand Six Hundred Dollars and 00/100 ($991,600.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Applied Restoration, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12th day of July , 120 22. Applied Restoration, Inc. Name of Contractor (Principal) h r`ized S rnature/Title Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: �-"/— 2-2-- By: —ZL 7,Q— c—�karo,ri C. Ha i Attorney 0 Aut riz Ag�nfS nature Gabriella Grady, Attorney -in- Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofSS. On = Iy I , 20 -fore me, > u lA ,t �� ,� i Notary Public, personally appeared '• r' ` who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheftlpy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SE ° ry NEMAT KAGHAZI WITNESS m hand and official seal. Notary Public California y San Diego County > Commission N 2406858 My Comm. Expires Jun 29, 2026 r Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of **SEE ATTACHED** ) ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Applied Restoration, Inc. Page B-3 ARGO SURETY RIDER To be attached to and part of Bond No.: CMGP00005853 Principal: APPLIED RESTORATION, INC. 1965 Gillespie Way, Suite 104 El Cajon, CA 92020 Contract/Bond Amount: $991,600.00 (NINE HUNDRED NINETY ONE THOUSAND SIX HUNDRED AND 00/100) In Favor of: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Project Name/Description: Contract No. 7659-1, Project No.16H11, American Legion Bulkhead Wall Repair Amendment: The Covid-19 Performance Bond Notice Rider signed July 12, 2022 is hereby removed and is no longer a part of the Performance & Payment Bonds issued for the Above -mentioned Project All Terms and Conditions Remain the same Signed and Sealed: July 22, 2022 By: StephAie Hope Shear, Attorney -in -fact Mailing Address: Argonaut Insurance Company c/o CMGIA 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Phone: 866-363-2642 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws ofthe State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady Shilo Lee Losino Stephanie Hone Shear Elizabeth Santos Stacey Garcia, Matthew Dionisio Chris`fooher Coronel Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following solution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company o� STATE OF TEXAS COUNTY OF HARRIS SS: o� � .CCC O :- ° SEAL 3? by: :. Ii�.• 1948 2, '• �<CINOIS : ' Gary E. Grose President On this 19th day of November, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. K ATHEN M MEEKS " ��wLNOT�RyPUBLo I %�y�1TATE"�q.>5 ID 557302-8 (NotaryPublic) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 22nd day of �'stvoN N. F .;oo SEAL rL. 1948 Austin W. King Secretary 2022 IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL 2 2 2022 before me, _ Date Lucas Patterson, Notary Public Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s) of Signer(s) 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. hwa E._ E LUCAS PA7 ERSON Notary Pubiic - California Los Angeles County g . COmm1551C^ - 2352264 LA F " -My Comm. Expires Ma, 19, 2025 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 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Ab Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorne ' act ❑ Trustee ❑ G ian or Conservator ❑ Other: Signer Is esenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 COVID-19 PERFORMANCE BOND NOTICE RIDER This Rider is executed concurrently with and shall be attached to and form a part of Bond No.: CMGP00005853 WHEREAS, on or about the 24th , day of May 2022 , APPLIED RESTORATION, INC. (hereinafter called the 'Principal"), entered into a written agreement with City of Newport Beach (hereinafter called the 'Primary Obligee") for the construction of the Contract No. 7659-1, Project No. 16H11, American Legion Bulkhead Wall Repair (hereinafter called the "Contract"); and WHEREAS, Principal and Argonaut Insurance Company (hereinafter referred to as "Surety") have agreed to execute and deliver this Rider in conjunction Bond No.: CMGP00005853 WHEREAS, the BOND has been required and/or requested by the OBLIGEE during a national epidemic or pandemic. In response, the federal, state, and local governments have issued stay-at-home and/or emergency orders in order to protect public health. WHEREAS, this RIDER is created, effective, and issued contemporaneously with the term of the BOND, and the SURETY and PRINCIPAL rely upon the effectiveness of this RIDER and the incorporation of its interpretation of the terms and obligations of the BOND at the beginning of its term as an inducement to its agreement of the terms and obligations of the BOND. WHEREAS, quarantine procedures have been issued by the appropriate governmental authorities in the interest of public health to reduce or prevent the epidemic or pandemic. WHEREAS, as the orders and actions of the government are ever -changing, no party can adequately predict how the Bonded Project may be affected. Accordingly, any delays, costs increases, labor shortages, availability of materials, or any other event hindering the performance of any party's contractual duties caused by or related to the epidemic or pandemic are unforeseen at the time of formation of the contract. The SURETY's bonded obligations under the BOND are clarified by this RIDER, or to the extent necessary, modified as follows: 1. In the event of any delays, cost increases, labor shortages, availability of materials, or any other event hindering the performance of any party's contractual duties caused by or related to any epidemic or pandemic, the SURETY agrees to cooperate with the PRINCIPAL and the OBLIGEE to assist with the completion of the contract COVID-19 PERFORMANCE BOND NOTICE RIDER and comply with any and all directives from federal, state, and local authorities to maintain to the public health. 2. The BOND has been issued during an epidemic or pandemic, but the specific impacts, delays, defaults, or damages relating to the pandemic on the performance of the contract are unknown to the SURETY, OBLIGEE, and PRINCIPAL and are unforeseen at the time of formation of the BOND. 3. The SURETY agrees to assist all parties to mitigate any potential damages on the Project. The parties' duty to mitigate has not been abridged. The SURETY will comply with all federal, state, or local governmental guidance regarding the performance of the contract and the protection of public health and that of their employees. 4. If performance of the OBLIGEE's and/or the PRINCIPAL's obligations under the contract becomes impracticable as caused by or related to the effects of any epidemic or pandemic and/or related governmental orders, the SURETY's obligations hereunder are likewise deemed impracticable. Impracticability is defined as the existence of a fact or circumstance which makes the performance of the duty to be unfeasibly difficult or expensive. The standard for unfeasibility is whether performance is commercially unreasonable. 5. If the contracts, agreements, or other documents require notice from the PRINCIPAL and/or the SURETY regarding epidemic or pandemic related impacts on the Bonded Project, the OBLIGEE is deemed to have sufficient notice upon receipt of this RIDER. Except as herein modified, the Bond shall be and remains in full force and effect. SIGNED AND DATED THIS 12th day of July , 2022. Argonaut Insurance Compar& (SURETY) LM Name: Gabriella Title: Attorney -in -Fact COVID-19 PERFORMANCE BOND NOTICE RIDER Bond No.: CMGP00005853 Argonaut Insurance Company Premium: $24,790.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Bog 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady. Shilo Lee Losino Stephanie Hone Shear Elizabeth Santos Stacey Garcia, Matthew Dionisio, ChA6)her Coronet Their true and lawful agent(s) and attomy(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company '_°:SEAL`•,_' by: 1949 STATE OF TEXAS <uNO!s COUNTY OF HARRIS SS: Gary E. Grose President On this 19th day of November, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF. 1 have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. "awn K ATHLEEN M MEEKS �� NOTARY PU8LIC STATE OF TEXAS '*�t�aF�t� MY COMM. EXP 07/75l25 NOTARY ID 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12th day of July 2022 '°°SEAL:ro= •�<CIN015. Y: Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA- • • •GMENT CIVIL CODE § 1189 .�.v.�.' .z..-..ram .�r.�. _�. _-..�'•.z..s..sr.zr�'r.�.r.zr.zrrarr.�..zrrarrvrr..�r.yr.•..�. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles j On JUL 12 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady Name(s) of Signer(s) 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. LUCAS PATTEnSGN p No Public California r Los Angeles County_ Commission X 230-2264 1. \' rry Comm. Expires Mu 19, 2025 Place Notary Seal Above 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 o 'cial seal. Signature -S2 Signature of of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gener ElIndividual ElAttorne act ❑ Trustee ❑ ian or Conservator ❑ Other: Signer Is resenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CITY OF NEWPORT SEACI-I 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca.gov November 20, 2023 Applied Restoration, Inc. Attn: Oscar Bianci 1965 Gillespie Way, Suite 104 El Cajon, CA 92020 Subject: American Legion Bulkhead Wall Repair - C-7659-1 Dear Mr. Bianci: On September 12, 2023, 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 65 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 September 13, 2023, Reference No. 2023000222809. The Surety for the bond is Argonaut Insurance Company and the bond number is CMGP00005853. Enclosed is the Labor & Materials Payment Bond. Sincerely, L Leilani I. r`B own, 6c City Clerk Enclosure Premium Included in the Performance Bond EXHIBIT A Executed in Two (2) Original CITY OF NEWPORT BEACH BOND NO. CMGP00006863 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal," a contract consisting of installing a new external steel wale below the existing bulkhead cap, localized repairs to the existing bulkhead including the existing access gangway, and existing utilities and other features shall be protected in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Glerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Argonaut Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Ninety One Thousand Six Hundred Dollars and 00/100 ($991,600.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9654 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Applied Restoration, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12th day of July , 20�22 . Applied Restoration, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: & —1- 2� By: eyV ' A r C. Harp City Attorney Gabriella Grady, Attorney -in -Fact_ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif tfltila 6 County of _ Its ss. J I I d On f) , 20`"��2 before me, �u w ) �l1(! h C Notary Public, pars nally appeared who proved to me on the basis of satisfactory evidence to be the person whose name i e subs c ibe to the within instrument and acknowledge tome that hehs q/hl ey executed the same in hisl�hh r/ it authorized capacityZks), and that by hiAer/ti�eir signatures on the instrument the persoh( or the entity upon behalf of which the person) 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. Oy NEMAT KAGHAZI WITNESS m hand a d official seal. Notary Public • California y fn] San Otego County®Commission N Jun 29,g //J' Comm. Expires Jun 29, 2026 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of '*SEE ATTACHED" ) ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Applied Restoration, Inc. Page A-3 Bond No.: CMGP00006863 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Premium: $24,790.00 TX 78246 laws of the State Their true and lawful agent(s) and attorney(s)-in-Fact, each in their separate capacity if more than one is named fgbovc, toxii da, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and 6thSr1nderarkings in suretyship provided, however, that the penal sum of any one such instrument executed heretmder shall not exceed the sum oi; ft$ , .,. $15,000,000.00 , _, >>.. This Power of Attorney is granted and is signed and sealed under and by the authority of the foll¢tbing�$esolution,adopted by the Board of Directors of Argonaut Insurance Company:f-� 8 "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice Pra`s`fdent Secretary, Treasurer and each of them hereby is Yt authorized to execute powers of attorney, and such authority can be executed by ugg of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, uali ni the attorney or attorneys name : n'the, given4 ower of attorne , to execute in behalf of, and acknowledge as Yqualifying g Y Y �� Y g the act and deed of the Argonaut Insurance Company, all bond undertakings au(lticpnlracis of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its"1 fficia ,xc l to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company F, "SURgNc. SEAZ -I [�� 1848 STATE OF TEXAS 0 s ; •'ace"o� •cry Gary E. Grose, President COUNTY OF HARRIS SS: On this 19th day of November, 2021 A\PI befeM me, a Notary Public of the State of Texas, in and for the County of Idarris, duly commissioned and qualified, came THE ABOVE Of''Ic 2 OF�THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknd i!iedged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixi td to': a preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly off, el and sdUscribcd to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directofs`of said Company, referred to in the preceding instrument is now in force. IN TES7)7 vIOlyY`1WHAkEOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. ' t41tJ�xr vYYI `'4 YL.,.LX0 ,,.v vuq�. qq KATHLEEN M NOTARY PUBLIC +�41t9 STATE OPTEXEXAS MY COMM. P.5 25 'P 902- NbTARY il? 55%net-8 10 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is it full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12th day of July 12022 _ - SURgry '.. , Rvta nror� o� Jicp tF (� t SEAL)1940 - .`' King Secretary . ..... .—ft! ... Austin W. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. C'✓.�'f.w0/R`✓�f.cat/.wt..lf.v\i.�ft..�fRc��i.c�i/t��".�f.�• .nf/.r3 rf �f.c�Ngf.gf/c�✓'irc�t.c�f.M.c�..cif.s�<.s".p2..�<.c�f.cCi/wi.c�t/�i� .a c�f/c�i.wN A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On JUL 12 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady Name(s) of Signer(s) 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. 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. GIR LUCAS PAT1'ERSONNotary Public' California41 Los Angeles CountyCommission k 2352264 Signaturey Comm. Expires Mar 19, 2025 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): []Partner — ❑Limited ❑ Gener ❑ Individual ❑ Attorne act ❑ Trustee ❑ lan or Conservator ❑ Other: Signer Is esenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 9/13123, 11:11 AM Batch 16321992 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 1 4 5 5 3 6 2 9$ 202300022280911:08 am 09/13123 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Applied Restoration, Inc., El Cajon, California, as Contractor, entered into a Contract on May 24, 2022. Said Contract set forth certain improvements, as follows: American Legion Bulkhead Wall Repair - C-7659-1 Work on said Contract was completed, and was found to be acceptable on September 12, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Argonaut Insurance Company. M City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r Executed on-(J'i--Ei 2� at Newport Beach, California. BY V 6►'v6 a City Clerk Ok rgcrrtoPP. https://gs.secure-ords.com/Batch/Confirmation/i 6321992 3/5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Applied Restoration, Inc., El Cajon, California, as Contractor, entered into a Contract on May 24, 2022. Said Contract set forth certain improvements, as follows: American Legion Bulkhead Wall Repair - C-7659-1 Work on said Contract was completed, and was found to be acceptable on September 12, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Argonaut Insurance Company. m City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �� t at Newport Beach, California. BY A4kD . City Clerk CITY OF NEWPORT BEACH >� NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 21It day of April, 2022, at which time such bids shall be opened and read for AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 $1,345,000 Engineer's Estimate Approved James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Chris Miller, Protect Manager at (949) 644-3043 City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Cleric via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2°d Floor of the Civic Center (Located at 100 Civic Center Dr.) 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. Original copies must be submitted to the City Clerk's Office. 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. 3. 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. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 1. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. 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. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such 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. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: 4 A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been ie 1081367 A, B, C33, C39 Contractor's License No. & Classification uthorized Signature/Title 1000000100 06/30/2022 DIR Registration Number & Expiration Date Applied Restoration Inc Bidder 04/20/2022 Date Bond No.: CMGB00013549 City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal SUM of Ten Percent of Their Greatest Amount Bid Dollars ($10% of Their G.A.B. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of American Legion Bulkhead Wall Repair, Contract No. 7659-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 12th day of April , 2022. Applied Restoration, Inc. Name of Contractor (Principal) Authorized Signature/Title o 5Cc,7- b c cv\C 1Z 1 Argonaut Insurance Company Name of Surety Authorized Agent Signature c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone Stephanie Hope Shear, Attorney -in -Pact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of <SEE ATTACHED> } ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: ACKNOWLEDGMENT (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali ornia County of 6,Y\ ) v ss. On o 202-2 before me, ban r \ Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)-whose namef6} is/eFe- subscribed to the within instrument and acknowledged to me that he/sh940my executed the same in his/he#their authorized capacity(, and that by his/heOt eir signatures(,;) -}on the instrument the person(s.); or the entity upon behalf of which the personfsj -acted, executed the instrument. certify under PENA TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and rect. I BRMDI SABALA WITNESS my hand an official al. commiasion No. 2353052 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Ex0es March 26, 2M ;ig�naiure�� - (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Bond No.: CMGB00013549 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady, Shilo Lee Losino. Stephanie Hone Shear, Elizabeth Santos, Stacey Garcia, Matthew Dionisio Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1st day of June, 2021. it Argonaut Insurance Company rG's�Ai y by: sf'� � e•, 1946 / 2 STATE OF TEXAS " COUNTY OF HARRIS SS: ""I'sl us"••••',• Joshua C. Betz, Senior Vice President On this 1st day of June, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. K ATHLEEN M MEEKS :E+ " NOTARY P"LIC STATE OF TEXAS MY COMM. EXP. 07/19/25 NOTARY iD 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12th day of April , 2022. •r, nar SE�,L ••'<tiNo�s: • Y: James Bluzard Vice President -Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF TINS DOCUMENT CALL (833) 820 - 9137. •RNIA ALL-PURPOSE ACKNOWLEDGMENT•. RAW, �r-A .r �.r�✓� rr�.•.�.•.�r- .r z rr �r_�. � �rr� rry ra.- .r�rc r .z Y rr •.z..�. .r.�.r..rr�rrwr.w A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On APR 12 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s) of Signer(s) 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. f LUCAS PA.-ERSON y Notary Public • Caiifornia L f4�; '; Los Angeles County yg. Commission ; 2352264 r Signature ----- - My Comm. Expires Mar 19, 2025 Signature of Nota Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ElGeneral ElIndividual ❑ Attorne ' act ElTrustee ❑ G ian or Conservator ElOther: Signer Is _REqesenting: Docu Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 Contractor's 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 subcontractors as listed in the Bidder's electronic bid 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 poor approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Applied Restoration Inc Bidder 601 Cuthorized Sign aturelTitle City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Applied Restoration Inc 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) that involve direct experience in constructing similar scope and working in a marine environment during the past 2 years in excess of $1,000,000 per project, provide the following information: No. 1 Project Name/Number City Bridge Maintenance Contract no. 7679-1 Project Description Repair of seven bridges Approximate Construction Dates: From 2/3/2022 Agency Name City Of Newport Beach Contact Person Tom Sandefur To: Current Telephone (310 Original Contract Amount $ 669,420 Final Contract Amount $ TBD 383-4790 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 10 No. 2 Project Name/Number Thousand Steps Beach Public Access Stair Imporvements Project Project Description Repair and reconstruct Concrete Stair to beach Approximate Construction Dates: From 03/21/2022 To: 5/20/2022 Agency Name City of Santa Barbra Contact Person Nsikan Ebong Telephone (soy) 560-7568 Original Contract Amount $ 386,420 Final Contract Amount $ TBD 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 No. 3 Project Name/Number UCSD Center for Coastal Studies Renovation Project Description Structural Concrete repair and Carbon Fiber reinforcement Approximate Construction Dates: From April 2019 To: May 2020 Agency Name PCL Construction Contact Person Chantel Marcq Telephone (619) 495-0132 Original Contract Amount $ 64,301 Final Contract Amount $ 204,251 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work, added scope 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 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ 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. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name_ Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ 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. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount 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. Attach additional sheets if necessary. 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. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Applied Restoration Inc Bidder Authorized Signature/Title 13 City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) Larry White being first duly sworn, deposes and says that he or she is President of Applied Restoration Inc , the parry 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 parry 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 fix 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 of 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. , I declare under penalty of perjury of the laws of the '�ij r is true and correct. Subscribed and sworn to (or affirmed))*e6fore�ne on this 2 Lday of -, 2022 by 4zjl 16trr W k ki e, proved to me on the basis of satisfactory evidence to bd 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. 11 TAA 60i'rIAl�E1 —1 COMM. #2385737 z [SEAL] z Notary Public • California Riverside County Comm. Expires Dec. 8, 202�i Notary Public My Commission Expires: De C % 20 2 S City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO.7659-1 DESIGNATION OF SURETIES Bidder's nameAPPlied Restoration Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (Gst by insurancelbond type): Rebecca Haas -Bates, Surety Account Executive Direct Email: RebeccaH@mcsins.com Surety Fax: 949-679-7226 FOUNDATION RISK PARTNERS, CORP. dba Insurance - Surety - Risk Management 5530 Trabuco Road I Irvine I CA 192620 www.mcsins.com 80644698 1 Lie No. OM93299 Insurance Kevin P. Howard, CRIS Account Executive Rancho Mesa Insurance Services, Inc. A National "BEST PRACTICES" Agency License #O032169 Telephone (619)438-6874 Fax (619) 937-0168 khoward@ranchomesa.com www.rarichomesa.com/Kevin-Howard 15 City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Applied Restoration Inc Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2021 2020 2019 2018 2017 Total 2022 No. of contracts 8 19 30 90 139 169 455 Total dollar Amount of Contracts (in Thousands of $) 496 4,676 2,260 7,289 10,085 10,035 34,841 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 1 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of em to ment i ne information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary —Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Applied Restoration Inc 1965 Gillespie Way Suite 104 El Cajon CA 92020 619 433-4701 1081367 A, B, C33, C39 Title 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. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the comorate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 v:dv,e.v - — :.< <. _r:: «<. >.a� a'e.J;cv .,: o-. Ne ;. - - - - - .,<:. - - .,rr, c.a�c.a.:,e;,«r - - :�<. tom•-.;r.,<: ..e< A notary public or other officer comple ft this cerUBcate verifies only the identity of the Indivktual who sigmd the document to which this certificate Is attached, and not the tnAhlulr=4 accuracy, or valldity of that document State Of C Countv of On me, N Date r //�� Hem I mrtf 1V vne artd Trtt of the O�fl er personally appeared 0 S� ,-- A t a n l� I Nam(s) of Signer(s) is who proved to me on the basis of satisfactory evidence to be the re n whose name isle subscribedto the within his t and acknowledge to me that e�executed the same in hls/rt@r/t authorized capaci , and that by NsJ/hgir signature on th Instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ,; . NE AT KA(HA11 COMM. #2248155 z le .� - Notary Public - California o z s San Diego County a 1MX Comm. Ex ores June 29, 2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official se . Signature G. t� Signatu of No P bffC Place Notary Seal Above OPTIONAL Though this section is optfonW, completing this lnformatbn can deter alteration of the document or fraudulent reattuachment of this form to an unintended document. Description of Attached Title or Type of Documen Document Date: Slgner(s) Other Than"dal CapaoIty(fes) Claimed by SIgner(s) Signer's Name: ❑ Corporate Officer — Tlil *( ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ) -a ca,,f) Pages: Signer's Name: ❑ Corporate Officer — TRW(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact O Trustee ❑ Guardian or Conservator Other: . Signer Is Representing: City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Applied Restoration Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received -Signature fc3 Type text here City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 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: Applied Restoration Inc Business Address: 1965 Gillespie Way Suite 104 El Cajon CA 92020 Telephone and Fax Number: 619 433-4701 California State Contractor's License No. and Class:1081367 A, B, C33, C39 (REQUIRED AT TIME OF AWARD) Original Date Issued:9/17/2021 Expiration Date:09/30/2023 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Oscar Biachi, CEO 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 Oscar Blanci CEO 515 Kelley Street, Oceanside, Ca 92054 310-951-6396 Larry White President 29285 Sand Creek Circle, Menifee, CA 92584 360-975-2605 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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; NA Briefly summarize the parties' claims and defenses; NA Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Oscar Bianchi (Print name of Owner or President Corporation/Company) /off Applied Restoration Inc Bidder Authorized Authorized Signature/Title ' y"Vf,( Gi j Chief Executive Officer Title � Z1 2D 7— �_7 PJA6 Date o On before me, ( C4Z t Notary Public, personally appeared 5L G who proved to me on the basis of satisfactory evidence to be the personN whose name(} is]Xe subscribed to the within instrument and acknowled ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and t at by his/Nr/t1Vir signature on the instrument the person, or the entity upon behalf of which the person 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 nd official seal. 4 Mary Public ' and r s d gate My Commission Expires: *��o NENAT KAGHAZI COMM. #2248155 a Notary Public - California 0la San Diego County M Comm, Ex ires June 29, 2022 21 (SEAL) City of Newport Beach AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7659-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 04/21 /2022 Applied Restoration Inc Date Bidder 619 433-4701—�-- Bidder's Telephone and Fax Numbers Bidder's Authorized Signature and Title 1081367 A, B, C33, C39 1965 Gillespie Way Suite 104 El Cajon CA 92020 Bidder's License No(s). Bidder's Address and Classification(s) 1000000100 DIR Registration Number Bidder's email address: Oscar@appliedrestoration.com PR-1 San Diego Office: 1965 Gillespie Way, Suite # 104 El Caion, CA 92020 Casey Hernandez Superintendent Phone: (626) 636-8509 Email: Caseyh a appliedrestoration.com Experienced Superintendent specializing in running crews of more than 20 employees. Scopes include but not limited to: concrete repair and reinforcement, waterproofing, high performance coating applications, demolition, and painting. Experience: 2012-Present Superintendent Profinish Construction Services/Applied Restoration Inc Ran and managed construction crews ranging from 1-25 employees on various projects. • Daily time and production tracking of projects. • Direct communication with client (General/Prime Contractor. owner, management). 9 Safety "tool box talks- daily, as well as maintaining a safe work environment for all employees. Building Envelope Systems • Exterior Restoration • Plaster and EIFS Systems Waterproofing • Caulking a Coatings m Structural Restoration ® Concrete Polishing CA # 759308 AMERICAN LEGION BULKHEAD WALL REPAIR CONTRACT NO. 7659-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day of May, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Applied Restoration, Inc., a California corporation ("Contractor"), whose address is 1965 Gillespie Way, Suite 104, El Cajon, California 92020, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: installing a new external steel wale below the existing bulkhead cap, localized repairs to the existing bulkhead including the existing access gangway, and existing utilities and other features shall be protected in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7659-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nine Hundred Ninety One Thousand Six Hundred Dollars and 00/100 ($991,600.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Oscar Bianci to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Applied Restoration, Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Oscar Bianci Applied Restoration, Inc. 1965 Gillespie Way, Suite 104 El Cajon, CA 92020 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are Applied Restoration, Inc. Page 3 limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term Applied Restoration, Inc. Page 4 of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required Applied Restoration, Inc. Page 5 hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. Applied Restoration, Inc. Page 6 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. Applied Restoration, Inc. Page 7 On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controllinq Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. Applied Restoration, Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Applied Restoration, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTQRNEY'S OFFICE Date: (0 2-1r21—" CITY OF NEWPORT BEACH, a California municipal corporation DatP- By: By a nC p ity Attorney ATTEST - Date: Z Date: 4. Brown City '*, CONTRACTOR: Applied Restoration, Inc., a California corporation Date: Signed in Counterpart By: Oscar Bianci Chief Executive Officer / Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Applied Restoration, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 6 —2/- 2-2— By: 7�''✓ r C. City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: Applied Restoration, Inc., a California corporation Date: By: Oscar Bianci Chief Executive Officer / Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Applied Restoration, Inc. Page 10 Premium Included in the Performance Bond EXHIBIT A Executed in Two (2) Original CITY OF NEWPORT BEACH BOND NO. CMGP00005853 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal," a contract consisting of installing a new external steel wale below the existing bulkhead cap, localized repairs to the existing bulkhead including the existing access gangway, and existing utilities and other features shall be protected in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Argonaut Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Ninety One Thousand Six Hundred Dollars and 00/100 ($991,600.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Applied Restoration, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12th day of July 12022 . Applied Restoration, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: , "4' ✓ A r C. Harp City Attorney Gabriella Grady, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califia 6 Count of I --)Ss. 11 ll On y 20 -� before me, / , c i`T�V U�I p l�0C Notary Public, pers nally appeared it V , who proved tome on the basis of satisfactory evidence to be the person whose name(`k) is re subscribed to the within instrument and acknowledged to me that he/s*Ney executed the same in hislh��r/A� it authorized capacityis), and that by his/Per/eir signatures( on the instrument the perso`h( or the entity upon behalf of which the person) 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. i5r1�„� ryfJ NEA4AT KAGHAZI WITNESS my hand a d official seal. Notary Public couCalnty � � San Diego County � Commission # 2406858 My Comm. Expires Jun 29, 2026 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of **SEE ATTACHED** _)SS. On , 20 before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Applied Restoration, Inc. Page A-3 Bond No.: CMGP00005853 Argonaut Insurance Company Premium: $24,790.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under a laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity ottler iAndertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum o $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the fo ing solution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice 'ident, ecretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the givenpower of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company ='J'`�c i�pii��c �'• ' z�r •. o � C :SEAL D ' by: i;ct�.•• ,sae : =r STATE OF TEXAS :<LINo�S: Y� Gary E. Grose President COUNTY OF HARRIS SS: On this 19th day of November, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP, 07/t5/25 NOTARY ID 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12th day of July , 2022 FCFn Z-Z� ........ Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA• • •. Cr�a �i�i�`�s��i.�r�i.�i�i�.•�r�r�i�r_�r��r�s�i�r�r�r�s�r!�`r�r�s�r�r�i��r�s �r.�r�r.^s.�s s�i�i •s.c�i�i�r. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On JUL 12 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady Name(s) of Signer(s) 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. ° TFr FS: LUCAS PA7ERSON 45E Notary Public - California z Los Angeles County F ` Y `' Fos"p My Commission it 2352264 Comm. Expires Mar 19, 2025 Place Notary Seal Above 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—; — -- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Ab Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gener ElIndividual ElAttorne act ❑ Trustee ❑ ian or Conservator ❑ Other: Signer Is resenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LS::r4�✓S�.S�S�.S�.S�S'US'..•rS�S�✓S�. �.Sv S'srS�S'rrS�✓S'✓S�. �.�%S�.ti vS'tiS�S�S�.S'✓ tiS'✓ ✓i-✓i-rr. ✓S✓ EXHIBIT B CITY OF NEWPORT BEACH BOND NO.CMGP00005853 FAITHFUL PERFORMANCE BOND Premium: $24,790.00 Executed in Two (2) Original The premium charges on this Bond is $ 24,790.00 , being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal," a contract consisting of installing a new external steel wale below the existing bulkhead cap, localized repairs to the existing bulkhead including the existing access gangway, and existing utilities and other features shall be protected in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Argonaut Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Ninety One Thousand Six Hundred Dollars and 00/100 ($991,600.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Applied Restoration, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12th day of July �, 4,20 22. Applied Restoration, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: '�'/,- 22-- LBy: 7'— VioAftorney C. HWV '�14 Gabriella Grady, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page B--2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of U SS. On (i I Li 200—" tefore me, � c� u irNotary Public, erso ally appeared ek4 i, VA, who proved to me on the basis of satisfactory evidence t be the person whose name ish(e subscribed to the within instrument and acknowledged to me, that he/sloe/iNy executed the sam6 in his/�*/tkr authorized capacityXs), and that by his/I`Wr/their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my NEMAT KAGHAZI WITNESS my hand an official seal. Notary Public California San Diego County Commission # 24D6858 Comm. Expires Jun 29, 2026 r V PZl/lt(/� Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of **SEE ATTACHED** ) ss. On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Applied Restoration, Inc. Page B-3 ARGO SURETY Me-rt vel Atoo Ofuut% RIDER To be attached to and part of Bond No.: CMGP00005853 Principal: APPLIED RESTORATION, INC. 1965 Gillespie Way, Suite 104 El Cajon, CA 92020 Contract/Bond Amount: $991,600.00 (NINE HUNDRED NINETY ONE THOUSAND SIX HUNDRED AND 00/100) In Favor of: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Project Name/Description: Contract No. 7659-1, Project No.16H11, American Legion Bulkhead Wall Repair Amendment: The Covid-19 Performance Bond Notice Rider signed July 12, 2022 is hereby removed and is no longer a part of the Performance & Payment Bonds issued for the Above -mentioned Project All Terms and Conditions Remain the same Signed and Sealed: July 22, 2022 By: Step ie Hope Shear, Attorney -in -fact Mailing Address: Argonaut Insurance Company c/o CMGIA 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Phone: 866-363-2642 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under 8. a laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity U ertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the fa ing solution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice IN, ecretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the give4ower of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its:official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. =' Argonaut Insurance Company 0 'SEAL`;?: by: `J v cCt'•. 1948 r = ''•�<CINOY� G STATE OF TEXAS aI'Y E. Grose President COUNTY OF HARRIS SS: ��'"��*��''�••,, On this 19th day of November, 2021 AA, befo e me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to a preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. K ATHLEEN M MEEKS "..�0��w�" NOTARY PUB<_IC lySTATE OF TEXAS `� MY COMM. EXP. 07/15/25 NOTARY �D 557902-5 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 22nd day of July 2022 ° SEAL,'•a e Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL 2 2 2022 before me, Date Lucas Patterson, Notary Public Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s) of Signer(s) 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. LUCAS PAT i ERsoN W� Notary Public - Cadornia Los Angeles Cot.nty Commission = 2352264 F� My Comm. Expires Ma- 19, 2025 Place Notary Seal Above 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. i Signature _ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorne ac ❑ Trustee ❑ G ian or Conservator ❑ Other: Signer Is esenting: Docu Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 COVID-19 PERFORMANCE BOND NOTICE RIDER This Rider is executed concurrently with and shall be attached to and form a part of Bond No.: CMGP00006853 WHEREAS, on or about the 24th , day of May 2022 , APPLIED RESTORATION, INC. (hereinafter called the "Principal"), entered . into a written agreement with City of Newport Beach (hereinafter called the "Primary Obligee") for the construction of the Contract No. 7659-1, Project No. 16H11, American Legion Bulkhead Wall Repair (hereinafter called the "Contract"); and WHEREAS, Principal and Argonaut Insurance Company (hereinafter referred to as "Surety") have agreed to execute and deliver this Rider in conjunction Bond No.: CMGP00006853 WHEREAS, the BOND has been required and/or requested by the OBLIGEE during a national epidemic or pandemic. In response, the federal, state, and local governments have issued stay-at-home and/or emergency orders in order to protect public health. WHEREAS, this RIDER is created, effective, and issued contemporaneously with the term of the BOND, and the SURETY and PRINCIPAL rely upon the effectiveness of this RIDER and the incorporation of its interpretation of the terms and obligations of the BOND at the beginning of its term as an inducement to its agreement of the terms and obligations of the BOND. WHEREAS, quarantine procedures have been issued by the appropriate governmental authorities in the interest of public health to reduce or prevent the epidemic or pandemic. WHEREAS, as the orders and actions of the government are ever -changing, no party can adequately predict how the Bonded Project may be affected. Accordingly, any delays, costs increases, labor shortages, availability of materials, or any other event hindering the performance of any party's contractual duties caused by or related to the epidemic or pandemic are unforeseen at the time of formation of the contract. The SURETY's bonded obligations under the BOND are clarified by this RIDER, or to the extent necessary, modified as follows: 1. In the event of any delays, cost increases, labor shortages, availability of materials, or any other event hindering the performance of any party's contractual duties caused by or related to any epidemic or pandemic, the SURETY agrees to cooperate with the PRINCIPAL and the OBLIGEE to assist with the completion of the contract COVID-19 PERFORMANCE BOND NOTICE RIDER and comply with any and all directives from federal, state, and local authorities to maintain to the public health. 2. The BOND has been issued during an epidemic or pandemic, but the specific impacts, delays, defaults, or damages relating to the pandemic on the performance of the contract are unknown to the SURETY, OBLIGEE, and PRINCIPAL and are unforeseen at the time of formation of the BOND. 3. The SURETY agrees to assist all parties to mitigate any potential damages on the Project. The parties' duty to mitigate has not been abridged. The SURETY will comply with all federal, state, or local governmental guidance regarding the performance of the contract and the protection of public health and that of their employees. 4. If performance of the OBLIGEE's and/or the PRINCIPAL's obligations under the contract becomes impracticable as caused by or related to the effects of any epidemic or pandemic and/or related governmental orders, the SURETY's obligations hereunder are likewise deemed impracticable. Impracticability is defined as the existence of a fact or circumstance which makes the performance of the duty to be unfeasibly difficult or expensive. The standard for unfeasibility is whether performance is commercially unreasonable. 5. If the contracts, agreements, or other documents require notice from the PRINCIPAL and/or the SURETY regarding epidemic or pandemic related impacts on the Bonded Project, the OBLIGEE is deemed to have sufficient notice upon receipt of this RIDER. Except as herein modified, the Bond shall be and remains in full force and effect. SIGNED AND DATED THIS 12th day of July , 2022. Argonaut Inlyrance Compar& (SURETY) Name: Title: Attorney -in -Fact COVID-19 PERFORMANCE BOND NOTICE RIDER Bond No.: CMGP00005853 Argonaut Insurance Company Premium: $24,790.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under te laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: _ Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above; to �m� e, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakutgs in suretyship provided, however, that the penal sutn of any one such instrument executed hereunder shall not exceed the sum of: ; $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the to ing solution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, ecretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company °:SEALby: STATE OF TEXAS COUNTY OF HARRIS SS Gary E. Grose President On this 19th day of November, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. rf 1W ... MEEKS1w;= UBLICTEXASP. 07/15/2557902-8 �} 1! -1 n . 'YYA2_a_Y0 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12th day of July 2022 Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. • -NIA ALL-PURPOSE ACKNOWLEDGMENTO. •. cr �.r�rc�r •r��rr.�r-..r�rr-�.rr-fir �.rr�rr.:�rrc.-..rrcr�• zr-�.r �.r •r�rrcrr�rr�r -.rr�rrcrrnrrcr� rrarr-�rr�rr.^r �.r�r��r �.rr�r.yr A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On JUL 12 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady Name(s) of Signer(s) 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. } LUCAS PATTERSC c;ary Public - Ca;i`ornla LL -os Angeies County �or.rmis`on 4 2352264 -' Mar 19, 2C25 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 and o 'cial seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gener ❑ Individual ❑ Attorne ' act ❑ Trustee ❑ ian or Conservator ❑ Other: Signer Is resenting: Docum Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least One Million Dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate and Two Million Dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Applied Restoration, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident. D. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than Five Million Dollars ($5,000,000) per loss and Five Million Dollars ($5,000,000) in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that Applied Restoration, Inc. Page C-2 City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory_. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. Applied Restoration, Inc. Page C-3 C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20380413. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. Applied Restoration, Inc. Page C-4 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Applied Restoration, Inc. Page C-5 Vendor Name APPLIED RESTORATION iNC Address 1965 Gillespie''/Jay Suite 104 El Cajon, California 92020 United States Respondee Oscar Bianchi Respondee Title CEO Phone 310-951-6396 Email Oscar r'!AppliedRestoration.com Vendor Type FSD, CADIR License # 1081367 CADIR 1000000100 Bid Format Electronic Submitted 04/21/2022 949 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 288512 File Title File Name File Type American Legion Doc.pdf American Legion Doc.pdf General Attachment Bond.pdf Bond pdf Bid Bond Showing 1 Subcontractor Name & Address Drill Tech Drilling & Shoring, Inc 2200 Wymore Way Antioch, Caiirornia 94509 Desc License Num Tiebacks 745354 CADIR Amount Type 1000004866 S239,265 00 CADIR Discount Terms No Discount Item Item H Code Type Section 1 1 2 3 4 5 6 7 9 9 10 11 2 13 14 0 EE Item Description Mobilization/Demobilization/General Requirements Prepare and Implement Construction Staging Prepare and Implement Site BMP Plan Temporarily Remove and Relocate Floating Dock to Facilitate Wale and Tieback Construction Temporarily Remove and Reinstall Gangway to Facilitate Bulkhead Cap Construction Demolish Existing Cable Box Demolish Existing Miscellaneous Utilities Select Removal of Existing Concrete Bulkhead Cap Construct Steel Wale System Per Drawings Construct Tie -Back Grouted Anchors and Performance Test Furnish and Install Tie -Back Grouted Anchors and Proof Test Construct CIP Concrete Bulkhead Cap Repairs at Gangway Construct CIP Concrete Bulkhead Cap Repairs at Minor Crack Construct CIP Concrete Bulkhead Cap Repairs at Major Crack Relocate Existing Floating Dock to the Waterside including reconstruction of internal and external Pile Guide Connections, reconstruction of Dock Splices, relocation of utilities, and other modifications as noted on the Drawings Provide As -Built Plans UOM CITY Unit Price Line Total Response Comment 9991,600.00 LS 1 599,800.00 $99,800.00 Yes LS 1 $60,000.00 560,000.00 Yes LS 1 $10,000.00 SiD,000.00 Yes LS 1 $5,000-00 55,000.00 Yes LS 1 $18,000.00 $18,000.00 Yes LS 1 56,500.00 $6,500.00 Yes LS 1 57000.00 S7,000.00 Yes LS 1 520,000.00 920,000.00 Yes LF 280 $660.00 $184,800.00 Yes EA 2 $45,000.00 590,000.00 Yes EA 23 S1 B4O00.00 9414,000.00 Yes LF 6 $675.00 $4,050.00 Yes LF 25 $500.00 $12,500.00 Yes LF 121 $450.00 554,450.00 Yes LS 1 $4,500.00 $4,500.00 Yes LS 1 $1,000.00 $1,000.00 Yes Section Title Section 1 Grand Total Line Total $991,600.00 $991,600.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 AMERICAN LEGION BULKHEAD WALL REPAIR CONTRACT NO. 7659-1 19 DATE:3 2.C�2-Z-- BY: —� CITY ENGINEER TO: ALL PLANHOLDERS AND BIDDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. SPECIAL PROVISIONS Add Section 001 — Jobwalk The City will conduct a pre -bid site meeting on Wednesday, April 6, 2022 at 10:00 am. Bidder attendance at this meeting is VOLUNTARY. The purpose of the pre -bid site meeting is to acquaint the prospective bidders with the American Legion site (215 151h Street, Newport Beach, CA 92663), the proximity of work to the existing improvements, and access via water versus land. It is the Contractor's responsibility to perform site visits as necessary to provide a comprehensive Bid. The conditions and requirements of these Contract Documents will govern over any information presented at the pre -bid site meeting. Addenda will be prepared and issued, as necessary to affect any changes to these Contract Documents. Bidders must sign this Addendum No. 1 and attach it to the bid proposal A bid may be deemed unresponsive unless this signed Addendum No 1 is attached I have carefully examined this Addendum and have included full payment in my Proposal. r Bidder's Name (Please Print) r) j/ Date Authorized Signature & Title �EWPoRT City of Newport Beach o I Insurance Compliance PO Box 100085 - FV C"aCiF00.NP Duluth, GA 30096 July 27, 2022 Applied Restoration, Inc. 1965 Gillespie Way Suite 104 El Cajon, CA 92020 Reference Number: 7659-1 This Account has moved from non -compliant to COMPLIANT status and currently in compliance for certificate of insurance requirements. As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts and those of your insurance agent in working with our insurance representatives. Please call us at (951) 766-2285 if you have any questions. Sincerely, City of Newport Beach Compliant Notice [CA1] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL AND SPECIAL PROVISIONS AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 161-111 CONTRACT NO. 7659-1 CONSTRUCTION SET February 2022 C, z, i; IF0i J1 PREPARED BY: Nldkllq moffatt & nichol Moffatt & Nichol 4225 E. Conant Street Long Beach, California 90808 (562) 426-9551 TABLE OF CONTENTS 1. GENERAL PROVISIONS PART 1 - GENERAL PROVISIONS SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services 7-2 LABOR 7-2.2 Prevailing Wages 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-10 SAFETY 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 6 6 7 7 7 7 7 7 8 8 8 8 8 8 7-10.3 Haul Routes 7-10.4 Safety 7-10.4.1 Work Site Safety 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment. r�-iafair•�►��irzr�rr•�►�►►Tirr�:�r_-i�� SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel r�-lir��r•1►��irz�l�r[•1►�►uI�rC[•1•�7 SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 300-1.3.1 General 300-1.3.2 Requirements PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL 600-2 VEHICULAR ACCESS 600-3 PEDESTRIAN ACCESS SECTION 601— WORK AREA TRAFFIC CONTROL 601-1 GENERAL 601-2 TRAFFIC CONTROL PLAN (TCP) 601-3 WATERSIDE TRAFFIC CONTROL PLAN (WTCP) 2. TECHNICAL SPECIFICATIONS (CSI) C.S.I. FORMAT SPECIFICATIONS FOR: SECTION 01 11 00 SUMMARY OF WORK SECTION 01 33 00 SUBMITTALS SECTION 01 41 00 REGULATORY REQUIREMENTS SECTION 01 74 00 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL i 9 9 9 9 11 11 12 12 12 12 12 12 12 `f� 12 12 12 12 13 13 13 13 13 14 14 14 14 15 SECTION 01 78 00 SECTION 02 00 01 SECTION 02 41 00 SECTION 03 30 00 SECTION 05 50 00 SECTION 26 20 05 SECTION 31 51 00 SECTION 33 05 10 SECTION 35 51 35 CLOSEOUT PROCEDURES BASIC SITE MATERIALS AND METHODS DEMOLITION CAST IN PLACE CONCRETE METAL FABRICATIONS MARINA ELECTRICAL TIEBACKS MARINA PIPING AND FLOATING DOCKS EQUIPMENT SYSTEMS 3. APPENDIX A GEOTECHNICAL MEMORANDUM FOR AMERICAN LEGION BULLHEAD REPAIR, NEWPORT BEACH, CALIFORNIA, DATED NOVEMBER 15, 2021 4. APPENDIX B REGULATORY PERMIT INFORMATION 4. APPENDIX C BULKHEAD WALL INSPECTION REPORT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS AMERICAN LEGION BULKHEAD WALL REPAIR PROJECT NO. 16H11 CONTRACT NO. 7659-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. H-5272-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria. Standard Special Provisions and Standard Drawinas for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK l AI_\7%1 N e7_1011111 *1 *911j 1IQ 0 to]_:& d . 1410101 1,1110 Page 1 of 15 At the time of the award and until completion of work, the Contractor shall possess a Class A license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of installing a new external steel wale below the existing bulkhead cap. Additionally, localized repairs will be made to the existing bulkhead such as at the existing access gangway. Existing utilities and other features are to be protected in place. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. 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. 2-9.2 Survey Service Page 2 of 15 The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records to provide all construction survey services that are required to construct the improvements. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 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 in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Page 3 of 15 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with 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 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 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. Page 4 of 15 The Contractor shall coordinate with the owner of each utility in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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 baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within ONE HUNDRED AND FORTY [140] consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery 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. Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working Page 5 of 15 outside the normal working 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 $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. 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 payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. 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. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Page 6 of 15 Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. V&AA_1 1101 V 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shutdowns of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. 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 nighttime 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 Engineer. It is the Contractor's responsibility to notify the Page 7 of 15 affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. 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. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 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 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 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Page 8 of 15 Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety 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. 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 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization/Demobilization/General Requirements: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, completing all necessary site surveys, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents and not included in other bid items. This bid item shall also Page 9of15 include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings, restoration of survey markers, providing any required documentation as noted in these Special Provisions, and any other work items not covered under other bid items. Item No. 2 Prepare and Implement Construction Staging: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing temporary screened construction fencing, signage, and traffic controls. Item No. 3 Prepare and Implement Site BMP Plan: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for preparing and implementing a site BMP plan and complying with all BMP requirements as shown on the plans and in the specifications. Item No. 4 Temporarily Remove and Relocate Floating Dock to Facilitate Wale and Tieback Construction: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for temporarily removing the existing floating dock (if required) to complete the wale and tieback construction as noted on the drawings. Cost for reinstallation of the dock shall also be included under this bid item. Item No. 5 Temporarily Remove and Reinstall Gangway to Facilitate Bulkhead Cap Construction: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to temporarily remove existing gangway and reinstall with new landside connection as shown on the contract documents. This item shall include all miscellaneous plates, hardware, and fasteners necessary to complete the work in place. Item No. 6 Demolish Existing Cable Box: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposal of the existing cable box as noted on the drawings. Item No. 7 Demolish Existing Miscellaneous Utilities: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposal of the existing utilities as noted on the drawings. Item No. 8 Select Removal of Existing Concrete Bulkhead Cap: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and dispose items as noted on the drawings as noted, such as portions of the existing concrete bulkhead cap. Item No. 9 Construct Steel Wale System: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to construct steel wale system including all miscellaneous plates, hardware, and fasteners necessary to complete the work in place. Item No. 10 Construct Tie -Back Grouted Anchors and Performance Test: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish, install, and test grouted tie -back anchors. Page 10of15 Item No. 11 Construct Tie -Back Grouted Anchors and Proof Test: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish, install, and test grouted tie -back anchors. Item No. 12 Construct CIP Concrete Bulkhead Cap Repairs at Gangway: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish, install, prep, form, pour, cure, and finish concrete bulkhead cap repairs including all steel reinforcement as indicated on the contract documents. Item No. 13 Construct CIP Concrete Bulkhead Cap Repairs at Minor Crack: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish, install, prep, form, pour, cure, and finish concrete bulkhead cap repairs including all steel reinforcement as indicated on the contract documents. Item No. 14 Construct CIP Concrete Bulkhead Cap Repairs at Major Crack: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish, install, prep, form, pour, cure, and finish concrete bulkhead cap repairs including all steel reinforcement as indicated on the contract documents. Item No. 15 Relocate Existing Floating Dock to Waterside: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to disconnect the portion of the existing floating dock shown on the drawings from the guide piles. This section shall be relocated to the waterside. New guide pile brackets and dock connections shall be constructed as shown on the drawings. This item shall include all miscellaneous structural metal fabrications, timber, hardware, and fasteners necessary to complete the work in place. Existing floats, utilities, and other dock features which conflict with the proposed work shall be demolished or relocated as noted. Item No. 16 Provide As -Built Plans (Fixed): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS Page 11 of 15 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless shown otherwise on the plans. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris, or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said Page 12of15 tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 -ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) 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 notices when construction operations will start for each block or street. 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. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 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 Page 13 of 15 need for enforcement. City "Temporary Tow -Away, No Parking" signs are 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 non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS 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. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), 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. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) 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 (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 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 or alley 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- 3466 and all affected property owners. Page 14 of 15 601-3 WATERSIDE TRAFFIC CONTROL PLAN (WTCP) Waterside traffic control plan including procurement and installation of temporary access dock shall be prepared by the contractor. Temporary access gangway shall be open to pedestrian use whenever use of the access gangway is not available. Minimum width of temporary dock shall be 6 feet and as near to the height of existing floats as possible. There shall be a transition plate at each end to facilitate ADA compliant access. Floating dock system shall be preapproved by City prior to procurement. City may be able to direct the contractor to a local source for a floating dock, but contractor must confirm that the available system will mee the City requirements. Page 15 of 15 AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 01 11 00 SUMMARY OF WORK PART 1 GENERAL 1.1 SUMMARY A. The Contractor shall provide all materials, labor, tools, supplies, equipment, transportation, superintendence, temporary construction, and all other services and facilities necessary to complete the demolition of existing portions and construction of new improvements, including all incidental work described in the contract documents. B. The scope of work as contained in the Contract Documents and as indicated in the Drawings. C. Secure necessary permits, perform coordination work, regulatory requirements, and site environmental requirements for the Project. D. All work shall be in accordance with applicable codes and local regulations that may apply. In case of conflict in or between the Contract Documents and a governing code or ordinance, the more stringent standard shall apply. E. The Contractor shall review and fully familiarize themselves with all of the requirements of the project, including Best Management Practices, provided in Drawings. 1.2 RELATED SECTIONS A. Section 01 33 00 — Submittals B. Section 01 41 00 — Regulatory Requirements 1.3 LOCATION A. The project site is located at 215 151" Street, Newport Beach, California 92663 and is near the intersection of W. Balboa Blvd. and 15"' Street. 1.4 ACCESS AND USE OF SITE A. Access to the project site is primarily by land from W. Balboa Blvd. Access is provided through an entrance gate at the rear of the property near the alleyway leading to the existing American Legion Yacht Club parking lot. Additional access to the marina for waterborne equipment can be gained through the Newport Harbor navigation channel. Specific access instructions to project area shall be provided by the City to the selected bidder. B. Coordinate and cooperate with others working in the area, including the City of Newport Beach staff, to ensure that all roadways, streets, and sidewalks are kept open and free of soil, dust, and debris. C. Failure to keep the roadways, streets, and sidewalks clean will be basis for the City to suspend work. D. Staging Area: A specific area shall be provided by the City to the selected bidder. It shall be assumed that one staging area will be provided at the waterfront parking lot within the January 2022 01 11 00-1 Summary of Work AMERICAN LEGION BULKHEAD WALL REPAIR American Legion Yacht Club property limits. These areas are available for the Contractor's use for the duration of the work for the following: 1. Parking. 2. Storage. 3. Stockpiling materials. 1.5 PROJECT ENVIRONMENTAL GOALS A. Environmental goals include: 1. Maintain a safe working environment. 2. Preserve and restore the site ecosystem and biodiversity. 3. Minimize off -site environmental impact including truck trips through adjoining neighborhoods, pollution and construction noise. 4. Manage construction site and storage of materials to avoid negative impacts to the site and surrounding community. 5. Reduce construction waste through reuse, recycling, and supplier take -back, if applicable. 1.6 SITE CONDITIONS Site Investigation: The Contractor acknowledges satisfaction as to the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of transportation, access to the site, disposal, handling and storage of materials, availability of labor, water, power, and uncertainties of weather, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during work, and all other matters that can in any way affect the work or the cost thereof under this Contract. 1.7 SUBMITTALS A. Contacts: For each Contractor representative, Contractor shall submit to the City the office telephone number, cellular telephone number, pager number if applicable, and residence telephone number. B. Correspondence to the City shall be serialized and dated. 1. Furnish original and one copy. 2. Administrative and technical questions shall be formally submitted in a Request for Information (RFI) format. C. Contractor shall submit a work sequence and phasing plan for City review and approval prior to site mobilization. D. Daily Reports: 1. Submit reports daily that detail, on a form acceptable to the City: January 2022 01 11 00 - 2 Summary of Work AMERICAN LEGION BULKHEAD WALL REPAIR a) A record of operations, labor, and equipment available, used and idle. b) Materials and equipment received each day. c) Problems encountered. d) If Contractor fails to submit reports daily, the City may withhold payments for undocumented work until such time as Contractor submits the required information. e) Contractor shall make available any records as requested by City to verify that the reports are accurate. 2. Submit each morning, a list of specific items requiring testing, final inspection, monitoring, and witnessing by the City on that day and for the following day. 1.8 SEQUENCING (ORDER OF WORK) A. It is not the intent of these Specifications to define the order of work. However, the design has been based on a sequence of events to enable a logical progression of the work to its earliest completion. PART 2 PRODUCTS — NOT USED PART 3 EXECUTION 3.01 CONTRACTOR'S DUTIES A. Except as otherwise specified, furnish the following to the full extent required by the Contract: Full-time superintendent. 2. Construction equipment, tools, machinery, and materials 3. Utilities required for demolition, construction, and related activities. 4. Other facilities and services necessary to properly execute and complete the Work, including security for Worksite, storage and protection of all materials awaiting incorporation into the Work. 3.02 CONTRACTOR'S USE OF WORKSITE A. Confine Worksite operations to areas permitted by law, ordinances, permits and the Contract. B. Consider the safety of the Work and that of the people and property on and adjacent to the Worksite when determining amount, location, movement, and use of materials and equipment on Worksite. C. Do not load Worksite with equipment and products not specifically needed for the work. Only equipment, tools or materials required for this Work may be stored at the Worksite. D. Protect products, equipment and materials stored on Worksite. E. Assume full responsibility for the protection and safekeeping of products stored on the site under this Contract. January 2022 01 11 00 - 3 Summary of Work AMERICAN LEGION BULKHEAD WALL REPAIR END OF SECTION 01 11 00 January 2022 01 11 00 - 4 Summary of Work AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 01 33 00 SUBMITTALS PART 1 GENERAL 1.1 SUMMARY A. This section consists of requirements for Contractor submittals to the City including plans, procedures, certificates, shop drawings, product data, samples, requests for information (RFI), and miscellaneous work -related submittals. Individual requirements for submittals are described in pertinent sections of these specifications. 1.2 RELATED SECTIONS See each specification section for submittal requirements 1.3 TYPES OF SUBMITTALS A. Submittals are categorized for convenience as follows: 1. Work Plans and Procedures: Include narrative descriptions, diagrams, equipment, and procedures for construction activities. 2. Certificates of Compliance: Include certified material test reports and tickets demonstrating compliance with materials, tests, and specifications indicated. 3. Shop Drawings: Include specially prepared technical data, including drawings, diagrams, performance curves, data sheets, schedules, templates, patterns, reports, calculations, instructions, measurements, and similar information not in standard printed form for general application. 4. Product Data: Include standard printed information on materials, products, and systems, not specially prepared for this project, other than designation of selections from among available choices printed therein. 5. Samples: Include physical examples of materials for limited visual inspection and (where indicated) for more detailed testing and analysis. 6. Miscellaneous Submittals: Related directly to work, including work schedule, phasing plans, daily logs, requests for information (RFI), permits, warranties, maintenance agreements, workmanship bonds, survey data survey reports, physical work records, quality testing reports, certifying reports, copies of industry standards, record drawings, field measurement data, operating manuals, maintenance materials, similar information, similar devices, and similar materials applicable to work and not processed as shop drawings, product data, and samples. 7. Request for information (RFI): After Award of Bid, the RFI process shall proceed as outlined in below. In no case will an RFI submitted by a subcontractor be responded to the City. a) RFI answers will be on a form provided by the Contractor. Contractor shall submit RFI form to the Engineer for approval prior to the first RFI. Contractor shall submit RFI electronically. The answers on the form will be the January 2022 01 33 00 - 1 Submittals AMERICAN LEGION BULKHEAD WALL REPAIR only response required unless additional Plans are provided by the Engineer or City. No time and cost impacts will be reviewed by the City on this form. Contract Documents will not be revised via RFI answers. Time and cost impacts will be determined through the change order process, not the RFI process. 1.4 SCHEDULE OF SUBMITTALS A. Contractor shall identify submittals that will be required in each section of specifications and determine the date on which the submittal will be made. Milestones are specified for selected submittals and are specified in each section. The submittal schedule shall be submitted with the contractor's Preliminary Schedule to the City for approval. No work shall commence at the project site until these schedules are submitted. B. Throughout duration of this contract, the Contractor shall submit all product and procedure documentation for activities in this contract as required by Contract Documents. Contractor shall account for additional time for long lead items as required. C. Contractor shall submit to the City documented proof from the manufacturer indicating delivery dates to the project site of long lead components, that is components requiring ten (10) calendar days and more to deliver to the project site, within fifteen (15) calendar days of "Notice to Proceed", for review by the City. 1.5 GENERAL SUBMITTAL REQUIREMENTS A. Submittals shall be made for all permanent materials incorporated in work whether specified to be submitted or not. RFI will be processed in the same fashion as other submittals. RFI will be processed by the City within ten (10) calendar days after receipt from the Contractor B. Submittals shall be made for a complete system. Piecemeal submittals will not be accepted. C. At the pre -construction meeting, the City and the Contractor shall discuss exact procedure to be adopted for processing of submittals. Generally, submittals shall be made at the time indicated on the Contractor's approved submittal schedule. Submittals shall be made to the City by the Contractor. Submittals will be processed by the City within ten (10) calendar days after receipt from the Contractor. D. No portion of the work requiring submission of a shop drawing, product data, and sample shall commence until the submittal has been approved by the City. All such portions of the work shall be in accordance with approved submittals. No extension of time will be given for any re -submittal for approval by the City. E. Submittals shall be consecutively numbered by each specification section using a document identifier, including submittal number and appropriate suffix, which shall include specification section number. F. Contractor shall, before making submittals, ensure that products will be available in quantities and in time required by contract. G. Contractor shall coordinate and sequence different categories of submittals for interface units of work so that one will not be delayed for coordination with another. H. Contractor shall maintain a file of all approved submittal documents at the work site. January 2022 01 33 00 - 2 Submittals AMERICAN LEGION BULKHEAD WALL REPAIR Contractor shall furnish permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name, and similar information to distinguish it from other submittals. Include the following: Submittal document identifier number. 2. Respective Contract Drawing numbers. 3. Field dimensions, as required, clearly identified as such. 4. Identification of deviations from Contract Drawings and Specifications. 5. Applicable standards, for example, American Society of Testing Material (ASTM) and Standard Specifications for Public Works Construction (SSPWC). Contractor shall show his executed internal review and approval marking. Submittals that are received from sources other than through the Contractor's office and that have not undergone the Contractor review will be returned and stamped "Rejected". K. Contractor shall be responsible for delivery of submittals in properly specified format for each submittal category. Failure to follow this direction shall not relieve the Contractor from compliance with contract cost and schedule. Except as otherwise indicated more stringently in individual work sections, the Contractor shall comply with requirements specified herein for each indicated category of submittal. M. To maintain continuity in work throughout this contract, the Contractor shall submit the same manufacturer, product, and procedure documentation for all like work specified herein. Different model numbers, products, and manufacturers for similar work will not be accepted, unless otherwise noted. 1.6 SHOP DRAWINGS A. Unless otherwise approved by the City or indicated in specific sections of the Specifications, when preparing for approval the Contractor shall prepare shop drawings on a size of 24 inches by 36 inches, which shall be accurately prepared to a scale sufficiently large to show all pertinent aspects of item and its method of connection to work. Contractor shall submit all submittals electronically to City. Contractor shall also submit six (6) sets of blackline prints, if requested by the City. B. Where a submission involves engineering computations and original design work is depicted, the submission shall be signed by a California Professional Engineer licensed in the discipline required for the work and show the professional engineer's name, the professional engineer's State of California registration number, the professional engineer's seal, and the professional engineer's original signature. The submission shall certify that computations and design work are correct and in conformance with standards, codes, and acceptable engineering practice. C. Printing and distribution of submitted shop drawing and working drawings by the Contractor for the City's use shall be by the Contractor. Contractor shall make and distribute all copies required for his purposes. D. Where drawings are to be reviewed by others, in addition to the City, number of copies of such drawings to be submitted shall be increased as directed by the City at the Contractor's expense. January 2022 01 33 00 - 3 Submittals AMERICAN LEGION BULKHEAD WALL REPAIR 1.7 PRODUCT DATA A. Contractor shall furnish manufacturer's literature for all equipment, products, specialties, manufactured items, and items required by sections of these specifications. Contractor shall submit copies of manufacturer's literature electronically to the City. B. Contractor shall collect required data into one submittal for each unit of work and system, and clearly mark each copy to show which choices and options are applicable to the project. C. Contractor shall include the manufacturer's standard printed recommendations for application and use, compliance with standards, notation of field measurements that have been checked, and special coordination requirements. D. Contractor shall highlight manufacturer's standards diagrams, schedules, performance charts, illustrations, calculations, and other descriptive data to show information which is applicable to contract E. Contractor shall indicate dimensions, clearance, performance characteristics, capacities, and other diagrams, as applicable. F. Contractor shall identify manufacturer's standards diagrams, schedules, performance charts, illustrations, calculations, and other descriptive data to show information, that are applicable to the contract. Highlighting alone of pertinent sections is not acceptable as highlighted will not copy. 1.8 GENERAL DISTRIBUTION A. Contractor shall distribute approved submittals (not included in foregoing copy submittal requirements) to subcontractors, suppliers, fabricators, installers, governing authorities, and others as necessary for proper performance of work. B. Contractor shall distribute approved submittals (in excess of the submittals required above) to subcontractors, suppliers, fabricators, installers, governing authorities, and others as necessary for proper performance of work. 1.9 REVIEW OF SUBMITTALS A. The City will review submittals for general conformance with design concept. Review by the City shall not relieve the Contractor of responsibility for full compliance with contract requirements, for proper design of details, for proper fabrication techniques, for proper construction techniques, for proper coordination with other trades, and for furnishing all devices required for safe satisfactory construction and safe satisfactory operation. 1.10 SUBMITTAL STATUS A. Submittals reviewed by the City and returned to the Contractor will be marked with one of the following designations: No Exceptions Taken. 2. Make Corrections Noted. 3. Revise and Resubmit. January 2022 01 33 00 - 4 Submittals AMERICAN LEGION BULKHEAD WALL REPAIR 4. Rejected. 5. Submit Specified Item. 6. No Action Taken. B. Contractor shall not proceed with procurement, manufacture, and fabrication of items submitted for review until such submittals have been designated by the City as "No Exceptions Taken" or "Make Corrections Noted". Failure by the Contractor to receive timely submittal approval shall not relieve the Contractor from conforming to contract cost and schedule. 1.11 SUBSTITUTIONS A. Substitutions shall only be made with prior written approval by the City. B. Exceptions: Exceptions to the above requirements for substitutions shall only be made where the material, product, and equipment specified is no longer manufactured or available, and there is no successor material, product, and equipment manufactured or available. The fact that any material, product, and equipment presently specified has a "long lead time" shall not be construed by anyone as making it "unavailable" for the purposes of this exception. C. City's Review of Contractor Submittals: The time required for these additional reviews will not be cause for the Contractor to add time to the project completion date. 2. The City will provide the Contractor with normal review of alternates, substitutions, change orders, and RFI, according to the Specifications. However, in the event the Contractor causes the City undue review time because of: a) Improperly prepared forms. b) RFI where information or data is already on the Drawings or in the Specifications. c) Evaluation of City -authorized substitutions 10 or more calendar days after the Award of Contract. Improperly prepared submittals, change orders, and other information requiring the City's review, including incomplete, phased, and partial Shop Drawings and submittals. d) Three or more reviews of a Shop Drawing submittal. PART 2 PRODUCTS — NOT USED PART 3 EXECUTION — NOT USED END OF SECTION 01 33 00 January 2022 01 33 00 - 5 Submittals AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 01 41 00 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. This Section covers the general requirements for regulatory requirements pertaining to the Work and is supplementary to all other regulatory requirements mentioned and referenced elsewhere in the Contract Documents. 1.2 REFERENCES A. All pertaining statutes, ordinances, laws, rules, codes, regulations, standards, and the lawful orders of all public authorities having jurisdiction of the Work are hereby incorporated into these Contract Documents the same as if repeated in full herein and such are intended where any reference is made in either the singular or plural to Code or Building Code unless otherwise specified including, without limitation, those in the list below. Make available at the site such copies of the listed documents applicable to the Work as the City may request including mentioned portions of the California Building Code 2019 (CBC 2019). 1. Uniform Building Code (UBC), as adopted and amended by the City of Newport Beach, including the research reports approved by the Building Department for materials, equipment, systems, and designs as applicable to the Work. 2. Title 8 CBC, Industrial Relations, including without limitation Chapter 4, Division of Industrial Safety, Safety Orders (CAL -OSHA). 3. Title 19 CBC, Public Safety. 4. Uniform Mechanical Code (UMC). 5. Uniform Plumbing Code (UPC). 6. Uniform Fire Code (UFC). 7. Uniform Electrical Code (UEC) and National Electrical Code (NEC). 8. State and Local Public Health Codes. 9. Other statutes, ordinances, laws, regulations, rules, orders, and codes specified in other Sections of the Specifications or bearing on the Work. 10. Environmental Protection Agency (EPA). 11. California Energy Commission non-residential manual for Title 24. 12. Manual on Uniform Traffic Control Devices (MUTCD most current edition) 13. Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction (APWA most current edition) 14. State of California Department of Transportation Standard Specifications (CALTRANS most current edition) 15. State of California Department of Transportation Standard Plans (CALTRANS most current edition) 16. City of Newport Beach Standard Plans (CONBSP) (most current edition) January 2022 01 41 00 - 1 Regulatory Requirements AMERICAN LEGION BULKHEAD WALL REPAIR 17. United States Army Corps of Engineers (USACE) (Original dated Dec. 17, 2020; Re - verification letter dated March 17, 2022) 18. California Coastal Commission (CCC) (Original dated Feb. 12, 2021; Immaterial Permit Amendment dated Jan 24, 2022) 19. Regional Water Quality Control Board (RWQCB) (Original dated Oct. 1, 2020; Amendment Certification Deviation Email dated March 8, 2022) 1.3 ADDITIONAL REQUIREMENTS: A. Contractor shall make note of any regulatory agency permit special conditions. It is the responsibility of the Contractor to review and follow all additional regulatory requirements applicable to the site. The Contractor shall abide with all permit conditions but should note in particular items that Contractor has responsibility for implementing in the special conditions listed in the table below. For more detail descriptions refer to the applicable agency permit documents located in the Appendix B of the general provisions. American Legion Bulkhead Wale Project USACE NWP RWQCB 401 Certification CCC CDP Original dated Dec. 17, 2020 Original dated Oct. 1, 2020 Original dated Feb.12, 2021 Immaterial Permit Re -verification letter dated Amendment Certification Deviation Email Amendment dated Jan 24, March 17, 2022 dated March 8, 2022 2022 CONSTRUCTION CONTRACTOR REQUIREMENTS Special condition 5 - Special condition XII.B.3 - Submit Special condition 4 - Implement these notifications of accidental discharges Implement these construction BMPs and/or water quality violations construction BMPs Special condition XII.G.2 Comply with NPDES General Permit for Stormwater Special condition 6 - Notify Discharges Associated with Construction USCG and Land Disturbance Activities. Special condition XII.G.3.a Develop "SWPPP". Per correspondence with WB staff (attach), this can be simple document (a couple paragraphs) stating any pollutant sources will be eliminated/managed to not go into waters or offsite and point to BMPs listed in plans. This SWPPP will need to maintained on -site throughout the duration of the project. Special conditions XII.G.3.b, c, d, e and XII.G.4. Implement these good site housekeeping conditions and comply with regulations January 2022 01 41 00 - 2 Regulatory Requirements AMERICAN LEGION BULKHEAD WALL REPAIR 1.4 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT REQUIREMENTS A. Contractor shall meet South Coast Air Quality Management District (AQMD) air emissions requirements. B. The emissions include all Contractor's equipment, including excavation equipment, waterborne barge and crane equipment, pile driving equipment, tie back installation equipment, hauling equipment, and material transportation equipment. It also includes emissions from worker's vehicles commuting to and from the project site. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION 01 41 00 January 2022 0141 00 - 3 Regulatory Requirements AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 01 74 00 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 -GENERAL 1.1 SUMMARY A. This Section includes: Procedures for achieving the most environmentally conscious work feasible within the limits of the Construction Schedule, Contract Sum, and available materials, equipment, and products. 1. Participate in promoting efforts of the City to create an energy -efficient and environmentally sensitive structure. 2. Use recycled -content, toxic -free, and environmentally sensitive materials and equipment. 3. Use environmentally sensitive procedures. a) Protect the environment, both on site and off site, during demolition and construction operations. b) Prevent environmental pollution and damage. c) Effect optimum control of solid wastes. B. The City requires that this project generate the least amount of trash and waste possible. C. Employ processes that ensure the generation of as little waste as possible due to error, poor planning, breakage, mishandling, contamination, or other factors. D. Minimize trash and waste disposal in landfills; reuse, salvage, and recycle as much waste as economically feasible. E. Contractor shall submit periodic Waste Disposal Reports. All landfill disposal, recycling, salvage, and reuse must be reported regardless of to whom the cost or savings accrues. F. Contractor shall develop, submit and follow a Waste Management Plan designed to implement these requirements. G. Methods of trash and waste disposal that are not acceptable are: 1. Burning on the project site. 2. Burying on the project site. 3. Dumping or burying on other property, public or private. 4. Other illegal dumping and burying. H. Regulatory Requirements: Contractor is responsible for knowing and complying with regulatory requirements, including but not limited to federal, state, and local January 2022 01 74 00 - 1 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR requirements, pertaining to legal disposal of all construction and demolition waste materials. Related Documents: The Contract Documents shall apply to the work of this Section. Additional requirements and information necessary to complete the work of this Section may be found in other documents and prevailing City Ordinances. 1.2 RELATED SECTIONS A. Section 02 41 01 — Demolition. B. Section 02 30 00 — Earthwork. 1.3 DEFINITIONS A. Construction and demolition waste: Includes solid wastes such as building materials, packaging, rubbish, debris, and rubble resulting from construction, repair, and demolition operations. Rubbish: Includes both combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal and lumber scrap, metal cans, and bones. 2. Debris: Includes both combustible and noncombustible wastes such as leaves and tree trimmings that result from construction or maintenance and repair work. B. Clean: Untreated and unpainted; not contaminated with oils, solvents, caulk, soil, or the like. C. Construction and Demolition Waste: Solid wastes typically including building materials, packaging, trash, debris, and rubble resulting from construction, remodeling, repair and demolition operations. D. Chemical waste: Includes petroleum products, bituminous materials, salts, acids, alkalis, herbicides, pesticides, organic chemicals, and inorganic wastes. E. Diversion: Redirection of waste ordinarily deposited in a municipal landfill to a recycling facility or to another destination for reuse. F. Environmental pollution and damage: The presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; or degrade the utility of the environment for aesthetic, cultural, or historical purposes. G. Hazardous materials: Includes pesticides, biocides, and carcinogens as listed by recognized authorities, such as the U.S. Environmental Protection Agency (USEPA) and the International Agency for Research on Cancer (IARC). H. Municipal Solid Waste Landfill: A permitted facility that accepts solid, non -hazardous waste such as household, commercial, and industrial waste, including construction and demolition waste. Nonhazardous: Exhibiting none of the characteristics of hazardous substances, i.e., ignitibility, corrosivity, toxicity, and reactivity. January 2022 01 74 00 - 2 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR J. Nontoxic: Neither immediately poisonous to humans nor poisonous after a long period of exposure. K. Recyclable: The ability of a product or material to be recovered at the end of its life cycle and remanufactured into a new product for reuse by others. L. Recycle: To remove a waste material from the project site to another site for remanufacture into a new product for reuse by others. M. Recycling: The process of sorting, cleansing, treating, and reconstituting solid waste and other discarded materials for the purpose of using the altered form. Recycling does not include burning, incinerating, or thermally destroying waste. N. Return: To give back reusable items or unused products to vendors for credit. O. Reuse: To reuse a construction waste material in some manner on the project site. P. Sanitary wastes: 1. Garbage: Refuse and scraps resulting from preparation, cooking, distribution, or consumption of food. 2. Sewage: Domestic sanitary sewage. Q. Salvage: To remove a waste material from the project site to another site for resale or reuse by others. R. Sediment: Soil and other debris that has been eroded and transported by site activity or storm run-off water. S. Source Separation: The act of keeping different types of waste materials separate beginning from the first time they become waste. T. Toxic: Poisonous to humans either immediately or after a long period of exposure. U. Trash: Any product or material unable to be reused, returned, recycled, or salvaged. V. Waste: Extra material or material that has reached the end of its useful life in its intended use. Waste includes salvageable, returnable, recyclable, and reusable material. W. Wet products: Materials and products installed in wet form, including paints, sealants, adhesives, and special coatings. 1.4 SUBMITTALS A. Solid Waste Management and Environmental Protection Plan: Prepare and submit at the Preconstruction Meeting a Solid Waste Management and Environmental Protection Plan including, but not limited to, the following: 1. Procedures for Recycling/Reuse Program in compliance with the City recycling code. 2. Schedule for application of interior finishes. January 2022 01 74 00 - 3 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR 3. Revise and resubmit Solid Waste Management and Environmental Protection Plan as required by the City. a) Approval of the Contractor's Solid Waste Management and Environmental Protection Plan will not relieve the Contractor of responsibility for adequate and continuing control of pollutants and other environmental protection measures. B. With each Contractor's Report submit an updated Summary of Solid Waste Disposal and Diversion. Submit on form in Appendix A of this Section. Include manifests, weight tickets, receipts, and invoices specifically identifying the Project and waste material for: 1. Municipal Solid Waste Landfills. 2. Recycling/Reuse Facilities. C. With Record Submittals as specified in Section 01 78 00 — Closeout Procedures, submit the following: 1. Final Summary of Solid Waste Disposal and Diversion. Submit on form in Appendix A of this Section. 2. Resource Conservation and Recovery Act — Project Summary. Submit on form in Appendix B of this Section. PART 2 PRODUCTS — NOT USED PART 3 EXECUTION 3.1 RECYCLING AND REUSE A. Collection: Implement a recycling/reuse program that includes separate collection of waste materials of the following types as appropriate to local and regional recycling/reuse facilities: 1. Asphalt. 2. Concrete. c�u[1P a) Ferrous. b) Non-ferrous. 4. Wood. 5. Debris. 6. Glass. January 2022 01 74 00 - 4 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR 7. Clay brick. 8. Paper/Cardboard. 9. Plastic. 10. Paint. 11. Others as appropriate. B. Recycling/reuse centers: Contact governmental solid waste offices, USEPA regional offices, and applicable non-profit organizations. C. Handling: Clean materials which are contaminated prior to placing in collection containers. Deliver materials free of dirt, adhesives, solvents, petroleum contamination, and other substances deleterious to recycling process. 2. Arrange for collection by or delivery to the appropriate recycling or reuse facility. 3.2 WASTE MANAGEMENT PLAN IMPLEMENTATION A. Manager: Designate an on -site person or persons responsible for instructing workers and overseeing and documenting results of the Waste Management Plan. B. Communication: Distribute copies of the Waste Management Plan to job site foreman, each subcontractor, City, and Engineer. C. Instruction: Provide on -site instruction of appropriate separation, handling, and recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the project. D. Facilities: Provide specific facilities for separation and storage of materials for recycling, salvage, reuse, return, and trash disposal, for use by all contractors and installers. Provide containers as required. 2. Provide adequate space for pick-up and delivery and convenience to subcontractors. 3. Keep recycling and trash/waste bin areas neat and clean and clearly marked in order to avoid contamination of materials. E. Hazardous Wastes: Separate, store, and dispose of hazardous wastes according to applicable regulations. F. Recycling: Separate, store, protect, and handle at the site identified recyclable waste products in order to prevent contamination of materials and to maximize recyclability of identified materials. Arrange for timely pickups from the site or deliveries to recycling facility in order to prevent contamination of recyclable materials. G. Reuse of Materials On -Site: Set aside, sort, and protect separated products in preparation for reuse. January 2022 01 74 00 - 5 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR H. Salvage: Set aside, sort, and protect products to be salvaged for reuse offsite. 3.3 ENVIRONMENTAL CONTROLS A. Protection of natural resources: Preserve the natural resources within the Project boundaries and outside the limits of permanent work performed under this Contract in their existing condition or restore to an equivalent or improved condition as approved by the Engineer, upon completion of the work. Confine demolition and construction activities to work area limits indicated on the Plans and as directed by the Engineer. a) Demolition and salvage operations: As specified in Section 02 41 01 — Demolition. b) Disposal operations for demolished and waste materials that are not identified to be salvaged, recycled or reused: 1) Remove debris, rubbish, and other waste materials resulting from demolition and construction operations, from site. 2) No burning permitted. 3) Transport materials with appropriate vehicles and dispose off - site to areas which are approved for disposal by governing authorities having jurisdiction. 4) Avoid spillage by covering and securing loads when hauling on or adjacent to public streets or highways. Remove spillage and sweep, wash, or otherwise clean project site, streets, or highways. 5) Comply with applicable regulations. 2. Water resources as follows: a) Comply with requirements of the National Pollutant Discharge Elimination System (NPDES) and the State Pollutant Discharge Elimination System (SPDES). b) Oily substances: Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Store and service construction equipment at areas designated for collection of oil wastes. c) Mosquito abatement: Prevent ponding of stagnant water conducive to mosquito breeding habitat. d) Prevent run-off from site during demolition and construction operations. 3. Land resources: Prior to construction, identify land resources to be preserved within the work area. Do not remove, cut, deface, injure, or destroy land resources, including trees, shrubs, vines, grasses, top soil, and land forms without permission from the City. January 2022 01 74 00 - 6 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR 4. Air Resources: Prevent creation of dust, air pollution, and odors. a) Use water sprinkling, temporary enclosures, and other appropriate methods to limit dust and dirt rising and scattering in air to lowest practical level. Do not use water when it may create hazardous or other adverse conditions such as flooding and pollution. b) Store volatile liquids, including fuels and solvents, in closed containers. c) Properly maintain equipment to reduce gaseous pollutant emissions. 5. Fish and Wildlife Resources: Manage and control construction activities to minimize interference with, disturbance of, and damage to fish and wildlife. 6. Noise Control: Perform demolition and construction operations to minimize noise. Perform noise producing work in less sensitive hours of the day or week as directed by the Engineer. a) Repetitive, high level impact noise will be permitted only between the hours permitted in the City Noise Ordinance. Do not exceed the limitations specified by OSHA. b) Provide equipment and sound -deadening devices and take noise abatement measures that are necessary for compliance. January 2022 01 74 00 - 7 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR Appendix A Project Name: Contractor Name: Contractor Address: SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION License Number: Solid Waste Material Date Material Disposed/ Diverted Amount Disposed/ Diverted (ton or CY) Municipal Solid Waste Facility (name, address, & phone number) Recycling/Reuse Facility (name, address, & phone number) Comments (if disposed, state why not diverted) Asphalt Concrete Metal Wood Debris Glass Clay brick Paper Cardboard Plastic Paint Other Signature: January 2022 Date: 01 7400-8 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR Appendix B RESOURCE CONSERVATION AND RECOVERY ACT — PROJECT SUMMARY Project Name: Contractor Name: License Number: Contractor Address: 1.0 USEPA GUIDELINE ITEMS A. Fly Ash: 1. Total dollar amount of concrete and cement provided for this project. 2. Total dollar amount of concrete and cement containing fly ash provided for this project. 3. Were there any technical impediments to increasing the amount of concrete and cement containing fly ash provided for this project? a) If yes, please explain. 2.0 SPECIFICATIONS - NOT USED 3.0 SOLID WASTE PREVENTION A. Total dollar amount of solid waste disposed (landfill) for this project. N B. Total weight of solid waste disposed (landfill) for this project. 4.0 RECYCLING A. Total dollar value of solid waste diverted from landfill and recycled or reused for this project. (Express as total dollar amount for solid waste disposal in landfill for equivalent type and amount of diverted waste.) B. Total weight of solid waste diverted from landfill and recycled or reused for this project. (Express as total weight for solid waste disposal in landfill for equivalent type and amount of diverted waste.) January 2022 01 74 00 - 9 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR 5.0 COMMENTS A. Comments and suggestions for increasing amount of recycled materials used in construction materials. B. Comments and suggestions for improving solid waste prevention and recycling efforts during construction. Signature: Date: END OF SECTION 01 74 00 January 2022 01 74 00 - 10 Construction Waste Management and Disposal AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 01 78 00 CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Project Record Documents Throughout progress of the Work, maintain an accurate record of changes in the Contract Documents, as described in Article 3.1 below. 2. Upon completion of the Work, transfer the recorded changes to a set of Record Documents, as described in Article 3.2 below. B. Operation and Maintenance Documents C. Warranties and Bonds 1.2 QUALITY ASSURANCE A. Delegate the responsibility for maintenance of Record Documents to one person on the Contractor's staff as approved by the City. B. Accuracy of records: Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future searches for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. C. Make entries within 24 hours after receipt of information that the change has occurred. 1.3 RECORD SUBMITTALS A. Comply with pertinent provisions of Section 01 33 00 - Submittals B. The City's approval of the current status of Project Record Documents shall be a prerequisite to the City's approval of request for progress payment and request for final payment under the Contract. C. Prior to submitting each request for progress payment, secure the City's approval of the current status of the Project Record Documents. D. Prior to submitting request for final payment, submit the final Project Record Documents to the City Engineer and secure their approval. 1.4 RECORD DOCUMENT PROTECTION AND HANDLING A. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final January 2022 01 78 00 - 1 Closeout Procedures AMERICAN LEGION BULKHEAD WALL REPAIR Project Record Documents. B. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. 1. Such means shall include, if necessary in the opinion of the City, removal, and replacement of concealing materials. 2. In such case, provide replacements to the standards originally required by the Contract Documents. 1.5 SUBSTANTIAL COMPLETION: A. Preparation of the Punch List. When the Contractor considers that the Work, or a portion thereof that the City will occupy separately, is substantially complete, advise the City and provide Contractor's own punch list for City perusal. Failure to provide a preliminary punch list will render Contractor statement of substantial completion invalid. Upon receipt of preliminary list, City shall prepare and submit to the Contractor an updated comprehensive list of items to be completed and corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure of the Contractor to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents B. City's Inspection Give the City at least 3 working days advance notice of readiness for inspection as each phase and area of the Work is completed for occupancy. Correct deficient cleaning operations, as determined and directed by City. The City will schedule and make an inspection within a reasonable time to determine whether the Work or designated portion thereof is substantially complete. City will add additional items as it sees fit to the punch list. Failure of the City to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. C. Final Cleaning Contractor shall, prior to the Occupancy of the Project or portion thereof by the City and as a condition of further payment, clean the Work to be occupied. D. Cleanup and Disposal Requirements herein are part of all other Sections of the Specifications and shall be coordinated with such additional clean up and disposal requirements as may be specified in other Sections. Contractor's final cleaning shall be completed with non- toxic environmentally safe products. Leave the entire Work broom clean except where vacuum clean or other condition is specified. E. Control During Work Take care to avoid spread of dust, dirt, debris, water, cement, sprayed materials, and other substances about the site and to adjacent property. Clean up spills of materials at time of occurrence. Remove dirt, debris, waste, and rubbish daily, and do not allow to accumulate in the structure or on the site. Do not store flammable and toxic materials in the area. F. Contractor's Supervision January 2022 01 78 00 - 2 Closeout Procedures AMERICAN LEGION BULKHEAD WALL REPAIR Inform all trades and workers of cleaning requirements, and monitor where Work is in progress to ensure full compliance with all clean up requirements in this and other Sections G. Disposal Do not dispose of any rubbish and waste material in fill and backfill. Remove debris, rubbish, and waste material from the City's property to a properly licensed disposal facility and pay hauling and dumping charges. Conform to federal, state, and local laws, ordinances, rules, regulations, and orders pertaining. H. Surfaces Not Mentioned Clean according to the intent of this Section and as required for City's approval. Contaminated Earth Final clean up includes removal and disposal of earth that is contaminated and unsuitable for support of plant life in planting areas, and filling of resulting excavations with suitable approved soil as directed and approved. Contaminated areas include those used for disposal of waste concrete, mortar, plaster, masonry, and similar materials, areas in which washing out of concrete and plaster mixers or washing of tools and similar cleaning operations have been performed, and all areas that are oiled, paved, or chemically treated. Do not dispose of waste oil, solvents, paints, solutions, and similar penetrating materials by depositing and burying on the City's property. Correction of Work If the City's inspection discloses any item, whether or not included on the Contractor's list, that is not in accordance with the requirements of the Contract Documents, the Contractor shall before issuance of the certificate of Substantial Completion, complete and correct such item or items upon the written notification of the City. 1.6 FINAL COMPLETION AND ACCEPTANCE: A. Until the formal acceptance of the Work by the City, the Contractor shall have the charge and care and shall bear risk or injury or damage to any part thereof regardless of cause, whether arising from the execution or from the non -execution of the Work. Rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance and shall bear the expense thereof. In the case of suspension of the Work for any cause whatsoever, take all materials and shall properly store them if necessary and shall erect temporary structures where necessary. B. Notice of Completion Certify in writing to the City, prior to final payment, that the entire Project is substantially complete, and request that the City issue a Notice of Completion. Within a reasonable time thereafter, the City and the Contractor shall make a joint inspection. If the City determines that the Work is not substantially complete, it will notify the Contractor in writing and state its reasons. Project completion shall be defined as the date that the punch list is completed to the City's satisfaction, after which the Notice of Completion will be filed. C. Submittals Submit with or prior to Application for Final Payment, Consent of Surety to final Payment and remaining releases, waivers, guarantees, and all project data required by the Contract Documents. January 2022 01 78 00 - 3 Closeout Procedures AMERICAN LEGION BULKHEAD WALL REPAIR D. Record Documents Retention shall not be released until all as-builts, inspection cards, stamped permit drawings, permits cards, sepias, CADD files, and related City sign -off documents are transmitted in an orderly and accurate manner. E. Post Construction Inspection Prior to the expiration of one (1) month from the date of substantial completion, the City will make an inspection of the project to determine whether correction or repair Work is required. It is the Contractor's responsibility to complete any remedial work identified as a result of this inspection. PART 2 — PRODUCTS 2.1 RECORD DOCUMENTS A. Job set: Promptly following receipt of the City's Notice to Proceed, secure from the City at no charge to the Contractor, one complete set of all Drawings and Specifications comprising the Contract. B. Final Record Documents: At a time nearing the completion of the Work, secure from the City at no charge to the Contractor, one complete set of all Drawings in the Contract. PART 3 — EXECUTION 3.1 MAINTENANCE OF JOB SET: A. Immediately upon receipt of the job set described in Paragraph 2.1 A above, identify each of the Documents with the Title, "RECORD DOCUMENTS JOB SET." B. Preservation: 1. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set to the approval of the City. 2. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. 3. Maintain the job set at the site of Work as that site is designated by the City. 4. Making entries on Drawings: a. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. b. Date all entries. c. Call attention to the entry by a "cloud" drawn around the area or areas affected. d. In the event of overlapping changes, use different colors for the overlapping changes. 5. Make entries in the pertinent other Documents as approved by the City. 6. Conversion of schematic layouts: January 2022 01 78 00 - 4 Closeout Procedures AMERICAN LEGION BULKHEAD WALL REPAIR In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, is shown schematically and is not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. 3) Show on the job set of Record Drawings, by dimension accurate to within one inch, the centerline of each run of items as described above. (a) Clearly identify the item by accurate note such as "cast iron drain" and "galy. water". (b) Show, by symbol or note, the vertical location of the item such as "under slab," "in ceiling plenum," and "exposed". (c) Make all identification sufficiently descriptive that it may be related to the Specifications. 4) The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. 3.2 FINAL PROJECT RECORD DOCUMENTS A. The purpose of the final Project Record Documents is to provide factual information regarding all aspect of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation, and examination. B. Approval of recorded data prior to transfer: Following receipt of the drawings described in Paragraph 2.1 B above, and prior to start of transfer of recorded data thereto, secure the City's approval of all recorded data. 2. Make required revisions. C. Transfer of data to Drawings: Carefully transfer change data shown on the job set of Record Drawings to the corresponding transparencies, coordinating the changes as required. 2. Clearly indicate at each affected detail and Drawing a full description of changes made during construction, and the actual location of items described in above. 3. Call attention to each entry by drawing a "cloud" around the areas affected. 4. Make changes neatly, consistently, and with the proper media to assure longevity and clear reproduction. D. Transfer of data to other Documents: If the Documents other than Drawings have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents other than Drawings will be accepted as final Record Documents. January 2022 01 78 00 - 5 Closeout Procedures AMERICAN LEGION BULKHEAD WALL REPAIR 2. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3. Contractor shall supply the City with as -built data in a CADD format approved by the City. E. Review and Submittal: Submit the completed set of Project Record Documents to the City as described above. Contractor and any of the subcontractors involved shall attend post -construction conferences to clarify the Final Record Documents as may be required by City, at no extra cost to City. Make required changes and promptly deliver the final Project Record Documents to the City. 3.3 CHANGES SUBSEQUENT TO ACCEPTANCE A. The Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from Work performed under Warranty. END OF SECTION 01 78 00 January 2022 01 78 00 - 6 Closeout Procedures AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 02 00 01 BASIC SITE MATERIALS AND METHODS PART 1 - GENERAL 1.1 SUMMARY A. BASIC SITE MATERIALS AND METHODS consists of furnishing transportation, labor, materials, and equipment to locate, protect, repair, remove, replace, and dispose of existing surface and subsurface conditions and improvements at the Project site, including existing utilities, structures, and substructures. This Section also covers basic materials and methods common to new site construction. 1.2 RELATED SECTIONS A. Section 02 41 00 - Demolition 1.3 REFERENCES A. Reference Specifications (RS) are the 2015 Edition of the "Greenbook", Standard Specifications for Public Works Construction. B. American Society for Testing and Materials (ASTM International) 1. ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method 2. ASTM D1557 Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-Ibf/ft3) 3. ASTM D6938 Standard Test Method for Density of Soil and Soil Aggregate in Place by Nuclear Methods (Shallow Depth) C. Geotechnical Reports: 1. Geotechnical Memorandum for American Legion Bullhead Repair, Newport Beach, California, dated November 15, 2021. 1.4 EXISTING SUBSURFACE CONDITIONS A. Location of existing pipelines, utilities, and substructures shown on Drawings are approximate only. Contractor shall be responsible for performing locating services to identify existing utilities that may be impacted by construction activities. B. Keep existing services and facilities in operation except when the Engineer permits shutdown in writing, and then only after temporary services have been provided. PART 2 - PRODUCTS — NOT USED PART 3 - EXECUTION 3.1 VERIFICATION OF SITE CONDITIONS A. Notify Underground Service Alert 48 hours prior to commencing demolition, excavation, trenching, drilling, or similar underground work. Contact owners of existing lines and substructures that may interfere with work. January 2022 02 00 01 - 1 Basic Site Materials and Methods AMERICAN LEGION BULKHEAD WALL REPAIR B. Hand -dig excavations to design depths where alignments shown on Drawings occur within 5 feet radially of existing utilities. Hand -dig until the existing utility is located. 3.2 PROTECTION OF EXISTING UTILITIES A. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by the Engineer. Do not interrupt existing utilities serving facilities occupied and used by the City except when approved in writing and then only after temporary utility services have been approved and provided. Do not begin demolition or deconstruction work until all utility disconnections have been made. Shut off and cap utilities for future use, as indicated. B. Piping, electrical and mechanical equipment, and other items obstructing the new construction shall be carefully removed. Items designated as being salvageable in the contract documents shall be turned over to the City. The Contractor shall transport and store salvageable items on the premises as directed by the Engineer. Items that are not designated to be salvaged shall be immediately disposed of off the site in a lawful manner. C. The Engineer shall be immediately advised if utilities that are not shown on the drawings are encountered during demolition operations. They shall not be disturbed until specific instructions are received from the Engineer. D. Existing utilities, piping systems, and electrical and mechanical equipment to remain in place shall be adequately supported, protected, and maintained until work is complete. E. Protect existing facilities adjacent to the Work to avoid damage. Repair or replace existing structures and improvements located above or below ground which are damaged or removed as a result of the Contractor's operations wherever such existing improvements are not specifically designated to be permanently removed. Structures to protect and repair include, but are not limited to, pipelines, wires, cables, electrical pullboxes, conduits, vaults, and maintenance holes. Repairs and replacements shall be made at Contractor's expense and shall be equal to existing improvements and shall match existing in finish and dimension. 3.3 INTERFERING SUBSTRUCTURES A. Consult the Engineer immediately for directions whenever substructures not shown on Drawings interfere with or affect Work. Contractor shall propose means and methods to the Engineer to deal with the interferences. The Engineer will make final decision on method of correction or protection to be used. 1. If interfering substructures must be removed, the following shall be done before removing or cutting the substructures: a. Tap the line and determine if the line contains any kind of liquid or gaseous material. b. If storm drain or sewer lines are empty or filled with concrete or mud slurry, lines may be cut, removed, and capped or plugged with City's approval, in conformance with RS Subsection 306-5. C. Test conductors in conduits appearing to be abandoned and verify that conductors are de -energized. Remove de -energized conductors. Report energized conductors to the Engineer and cease removal work until Engineer authorizes work to resume. d. Consult the Engineer for methods of handling other substructures. e. Notify the Engineer to identify contents of unknown line if it is found to contain liquid or gaseous material. Remove contents and dispose in conformance with applicable regulations. Such work may be considered a Change in the Work and payment will be determined in conformance with the GENERAL CONDITIONS Section. January 2022 02 00 01 - 2 Basic Site Materials and Methods AMERICAN LEGION BULKHEAD WALL REPAIR 2. Evacuated lines or remaining portions of abandoned lines shall be removed as described in this Article for empty lines. END OF SECTION 02 00 01 January 2022 02 00 01 - 3 Basic Site Materials and Methods AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 02 41 00 DEMOLITION PART 1 - GENERAL 1.1 SUMMARY A. DEMOLITION consists of furnishing transportation, labor, materials, and equipment to perform demolition, removal, disposal, and salvage, including but not limited to the following: 1. Demolition and removal of existing structures within the limits as shown on Drawings: a. Portion of bulkhead concrete cap at gangway 2. Other removal work as shown on Drawings. 3. Remove excess material from the Project site upon completion of the Work. B. Develop a Waste Management Plan in conformance with the CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL Section. 1.2 RELATED SECTIONS A. Section 03 30 00 - Cast -In -Place Concrete 1.3 REFERENCES A. Reference Specifications (RS) are the 2015 Edition of the "Greenbook", Standard Specifications for Public Works Construction. 1.4 SUBMITTALS A. General 1. Submit the following in accordance with the submittal procedures as defined in the Division 1 Specifications. Note that approval of submittals by the Engineer shall not be construed as relieving the Contractor from responsibility for compliance with the Specifications nor from responsibility of errors of any sort in the submittals. 2. At least 48 hours in advance of operations, the Contractor shall submit following preconstruction submittals. B. Preconstruction Submittals: 1. Procedures, equipment to be used, and operational sequences. 2. Work Procedures: Proposed salvage, demolition, deconstruction, and removal procedures for approval before work is started. 1.5 REGULATORY AND SAFETY REQUIREMENTS A. Comply with federal, state, and local hauling and disposal regulations. 1.6 DUST AND DEBRIS CONTROL A. Prevent the spread of dust and debris to adjacent buildings and structures, and avoid the creation of a nuisance or hazard in the surrounding area. Do not use water if it results in hazardous or objectionable conditions such as, but not limited to, ice, flooding, sedimentation of public waterways or storm sewers, or other pollution. January 2022 0241 00-1 Demolition 1.7 PROTECTION A. Traffic Control Signs C. I E AMERICAN LEGION BULKHEAD WALL REPAIR Where pedestrian and boater safety is endangered in the area of removal work, use traffic barricades with flashing lights. Buoys or other markers shall be used to delineate the waterside construction area. Notify the Engineer prior to beginning such work. Existing Conditions Documentation: Before beginning any demolition or deconstruction work, survey the site and examine the drawings and specifications to determine the extent of the work. Record existing conditions showing the condition of structures and other facilities adjacent to areas of alteration or removal. Photographs sized 4 inch will be acceptable as a record of existing conditions. Include in the record the elevation of the top of foundation walls, finish floor elevations, possible conflicting electrical conduits, plumbing lines, the location and extent of existing cracks and other damage and description of surface conditions that exist prior to starting work. It is the Contractor's responsibility to verify and document all required outages which will be required during the course of work, and to note these outages on the record document. Items to Remain in Place: Take necessary precautions to avoid damage to existing items to remain in place, to be reused, or to remain the property of the City. Repair or replace damaged items as approved by the Engineer. Coordinate the work of this section with all other work indicated. Construct and maintain shoring, bracing, and supports as required. Ensure that structural elements are not overloaded. Increase structural supports or add new supports as may be required as a result of any cutting, removal, deconstruction, or demolition work performed under this contract. Do not overload structural elements or pavements to remain. Provide new supports and reinforcement for existing construction weakened by demolition, deconstruction, or removal work. Repairs, reinforcement, or structural replacement require approval by the Engineer prior to performing such work. Any damage to the adjacent structures or pavements during demolition shall be made good to the satisfaction of the Engineer at the Contractor's expense. Stop work immediately if adjacent structures appear to be in danger. Existing Construction Limits and Protection: Do not disturb existing construction beyond the extent indicated or necessary for installation of new construction. Provide temporary shoring and bracing for support of building components to prevent settlement or other movement. Provide protective measures to control accumulation and migration of dust and dirt in all work areas. Remove dust, dirt, and debris from work areas daily. Weather Protection: Protect materials and equipment from workmen ready to provide adequate materials where necessary. Utility Service: January 2022 m the weather at all times. Have materials and and temporary covering of exposed areas and Maintain existing utilities indicated to stay in service and protect against damage during demolition and deconstruction operations. Locate and mark utilities to remain with highly visible tags or flags, with identification of utility type. Coordinate work with utility companies and notify before starting work. Comply with their requirements and obtain required permits. Do not disrupt public utilities without permit from the authority having jurisdiction. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 2 weeks prior written notification to the City. Do not close, shut off, or disrupt existing utility branches or take -off that are in use without at least 2 weeks prior written notification to the Citv. The cost of either relocation or removal and plugginq of 0241 00 - 2 Demolition AMERICAN LEGION BULKHEAD WALL REPAIR utilities shall be incidental to the demolition and removal work. Provisions shall be made to install temporary services to supply the adjacent structures where necessary. G. Protection of Personnel: Before, during and after the demolition and deconstruction work the Contractor shall continuously evaluate the condition of the structures being demolished and deconstructed and take immediate action to protect all personnel working in and around the project site. No area, section, component, or other structural element will be allowed to be left standing without sufficient bracing, shoring, or lateral support to prevent collapse or failure while workmen remove debris or perform other work in the immediate area. PART 2 - PRODUCTS 2.1 REMOVED MATERIALS: A. All material and debris, either existing or resulting from demolition and removal work, which are not designated to be salvaged or relocated, shall become the property of the Contractor and shall be removed from the property and disposed of off -site at an approved facility. The Contractor shall exercise care in performing demolition and removal work in order not to damage adjacent structures or materials to be reused or stored for future use as directed by the Engineer. PART 3 - EXECUTION 3.1 WORK TO BE ACCOMPLISHED BEFORE DEMOLITION A. The Contractor shall not begin demolition until the Engineer has reviewed and accepted the Contractor's Work Plan, proposed schedule, and methods of performing the demolition work. B. The Contractor shall obtain and verify measurements for modification work and shall establish exact layouts, locations, lines, and elevations of work in relation to existing conditions. 3.2 DEMOLITION A. Demolition work shall not exceed the limits shown on Drawings. B. Control dust in conformance with REGULATORY REQUIREMENTS Section. C. Should Contractor decide to move any large items off the site intact, Contractor shall make arrangements for required permits, clearances, and utilities. D. Remove vermin infested and harmful materials from site. Dispose of materials in conformance with applicable health regulations to protect workers, tenants, and the public. E. Perform demolition under Engineer's inspection in conformance with applicable safety standards and requirements. Burning of material on site is prohibited. G. No debris shall be allowed to enter harbor waters. H. Existing structures and pavement that are indicated on the plans to be removed shall be completely removed in accordance with the provisions of SSPWC Section 300-1.3, "Removal January 2022 0241 00 - 3 Demolition AMERICAN LEGION BULKHEAD WALL REPAIR and Disposal of Materials." Sawcuts at the boundary of improvement to remain and those to be removed shall be not less than 2 inches deep. Locate demolition and deconstruction equipment throughout the existing structures and remove materials so as to not impose excessive loads to supporting structural elements. Saw cut concrete structures along straight lines to full depth. Make each cut in structure perpendicular to the face and in alignment with the demolition limits shown on the contract drawings. Break out the remainder of the concrete provided that the broken area is concealed in the finished work, and the remaining concrete is sound. At locations where the broken face cannot be concealed, grind smooth or saw cut entirely through the concrete. K. Perform pavement removals in conformance with BASIC SITE MATERIALS AND METHODS Section. Repair or replace surface and subsurface improvements removed or damaged as a result of the Contractor's operations in conformance with BASIC SITE MATERIALS AND METHODS Section. 3.3 REGULATORY REQUIREMENTS A. BMPs for effective perimeter control shall be in place at all times to control the discharge of pollutants from the Project site during construction. Construction waste shall be contained and protected against wind and exposure to storm water at all times, unless being actively handled. Chemical, fuel, and lubricant containers shall be kept closed and protected from damage or upset at all times, unless being actively used. Dirt and landscaping material stockpiles shall have effective erosion control BMPs in place to prevent their transport in storm water or directly into the channel and shall not be located in any waters of the United States. Discharges of wastewater from the Project site are prohibited. B. Substances resulting from Project -related activities and that could be harmful to aquatic life shall not be discharged to soils or waters of the State. These substances include but are not limited to petroleum lubricants and fuels, cured and uncured cements, epoxies, paints and other protective coating materials, Portland cement concrete or asphalt concrete, and washings and cuttings thereof. All waste concrete shall be removed from the Project site. C. Motorized equipment shall not be maintained or parked in or near any stream crossing, channel, or harbor margin in such manner that petroleum products or other pollutants from the equipment might enter these areas under any flow conditions. Vehicles shall not be driven, or equipment shall not be operated on -site in waters of the State onsite, except as necessary to complete the proposed Project. D. Prior to construction activities, the Permittee shall delineate the work area with brightly colored fencing or other methods to ensure temporary impacts to waters of the United States and waters of the State do not exceed the limits authorized by the project permits. E. No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. January 2022 0241 00 - 4 Demolition AMERICAN LEGION BULKHEAD WALL REPAIR G. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. H. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. I. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. J. The CONTRACTOR shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. K. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. L. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. M. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. N. The discharge of any hazardous materials into any receiving waters shall be prohibited. O. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. P. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. Q. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 3.4 SAFETY AND PROTECTION A. Protect existing buildings, substructures, and other improvements within and adjacent to the work site in conformance with the BASIC SITE MATERIALS AND METHODS Section. B. Provide, erect, and maintain barriers, barricades, lighting, and guard rails as required to protect general public, workers, and adjoining properties. C. Cease operation and notify Engineer immediately if demolition appears to endanger life, facilities, or property. Do not resume operations until safe conditions have been restored. D. Refer to REGULATORY REQUIREMENTS Section for additional requirements in the event that hazardous wastes are discovered. 3.5 OWNERSHIP AND DISPOSAL January 2022 0241 00 - 5 Demolition AMERICAN LEGION BULKHEAD WALL REPAIR A. Refer to BASIC SITE MATERIALS AND METHODS Section for requirements concerning ownership and disposal criteria for demolished materials. 3.6 DEMOLITION AND REMOVAL A. Remove and dispose of materials in conformance to Waste Management Plan. See CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL Section. 3.7 OTHER NON -SPECIFIED DEMOLITION A. The Contractor shall perform the demolition required for joining and tying in new work to existing work. Items removed temporarily for the convenience of the Contractor shall be replaced to the satisfaction of the Engineer. B. Features or items that are damaged by the Contractor during the course of the work shall be repaired and restored to a state equal or superior to that which existed before beginning of the work, as judged by the Engineer. END OF SECTION 02 41 00 January 2022 0241 00 - 6 Demolition AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 03 30 00 CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.1 SUMMARY A. The work covered by this Section includes the furnishing of all labor, materials, tools, equipment, and incidentals and the performing of all labor to complete CAST -IN -PLACE MARINE CONCRETE work as shown on the Contract Drawings and as herein specified or directed by the Engineer. This work shall include but is not limited to forming, placing, curing, stripping, and finishing of all slabs and grouting as indicated. 1.2 RELATED SECTIONS A. Section 05 50 00 — Metal Fabrications B. Section 31 51 00 — Tiebacks 1.3 REFERENCES 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. Unless otherwise indicated, the most recent edition of the publication, including any revisions, shall be used. B. ACI INTERNATIONAL (ACI) ACI 117 ACI 121R ACI 201.2R ACI 211.1 ACI 214R ACI 301 ACI 304.2R ACI 304R ACI 305R ACI 306.1 ACI 308R ACI 309R ACI 311 AR ACI 318 ACI 347 January 2022 Standard Specifications for Tolerances for Concrete Construction and Materials Quality Management System for Concrete Construction Guide to Durable Concrete Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete Recommended Practice for Evaluation of Strength Test Results of Concrete Specifications for Structural Concrete Placing Concrete by Pumping Methods Guide for Measuring, Mixing, Transporting, and Placing Concrete Hot Weather Concreting Standard Specification for Cold Weather Concreting Guide to Curing Concrete Guide for Consolidation of Concrete Guide for Concrete Inspection Building Code Requirements for Structural Concrete and Commentary, current edition Guide to Formwork for Concrete 03 30 00 - 1 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR ACI SP-15 Field Reference Manual: Standard Specifications for Structural Concrete with Selected ACI and ASTM References ACI SP-2 ACI Manual of Concrete Inspection ACI SP-66 ACI Detailing Manual C. AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) AASHTO M 182 Standard Specification for Burlap Cloth Made from Jute or Kenaf and Cotton Mats AASHTO T 259 Resistance of Concrete to Chloride Ion Penetration D. AMERICAN WELDING SOCIETY (AWS) AWS D1.4/D1.4M Structural Welding Code - Reinforcing Steel E. ASTM INTERNATIONAL (ASTM) ASTM A 185/A 185M Standard Specification for Steel Welded Wire Reinforcement, Plain, for Concrete ASTM A 496/A 496M Standard Specification for Steel Wire, Deformed, for Concrete Reinforcement ASTM A 497/A 497M Standard Specification for Steel Welded Wire Reinforcement, Deformed, for Concrete ASTM A 615/A 615M Standard Specification for Deformed and Plain Carbon -Steel Bars for Concrete Reinforcement ASTM A 706/A 706M Standard Specification for Low -Alloy Steel Deformed and Plain Bars for Concrete Reinforcement ASTM A 82/A 82M Standard Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM A 934/A 934M Standard Specification Test Method for Magnetic Particle Examination of Steel Forgings Using Alternating Current ASTM A 966/A 966M Standard Test Method for Magnetic Particle Examination of Steel Forgings Using Alternating Current ASTM C 1017/C 1017M Standard Specification for Chemical Admixtures for Use in Producing Flowing Concrete ASTM C 1064/C 1064M Standard Test Method for Temperature of Freshly Mixed Hydraulic -Cement Concrete ASTM C 1077 Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation ASTM C 1107/C 1107M Standard Specification for Packaged Dry, Hydraulic -Cement Grout (Nonshrink) ASTM C 1116/C 1116M Standard Specification for Fiber -Reinforced Concrete ASTM C 1157 Standard Specification for Hydraulic Cement ASTM C 1202 Standard Test Method for Electrical Indication of Concrete's Ability to Resist Chloride Ion Penetration January 2022 03 30 00 - 2 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR ASTM C 1218/C 1218M Standard Specification for Water -Soluble Chloride in Mortar and Concrete ASTM C 1260 Standard Test Method for Potential Alkali Reactivity of Aggregates (Mortar -Bar Method) ASTM C 138/C 138M Standard Test Method for Density ("Unit Weight"), Yield, and Air Content (Gravimetric) of Concrete ASTM C 143/C 143M Standard Test Method for Slump of Hydraulic -Cement Concrete ASTM C 150 Standard Specification for Portland Cement ASTM C 171 Standard Specification for Sheet Materials for Curing Concrete ASTM C 172 Standard Practice for Sampling Freshly Mixed Concrete ASTM C 173/C 173M Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method ASTM C 227 Potential Alkali Reactivity of Cement -Aggregate Combinations (Mortar -Bar Method) ASTM C 231 Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C 260 Standard Specification for Air -Entraining Admixtures for Concrete ASTM C 295 Petrographic Examination of Aggregates for Concrete ASTM C 309 Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 31/C 31 M Standard Practice for Making and Curing Concrete Test Specimens in the Field ASTM C 33 Standard Specification for Concrete Aggregates ASTM C 39/C 39M Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens ASTM C 441 Effectiveness of Pozzolans or Ground Blast -Furnace Slag in Preventing Excessive Expansion of Concrete Due to the Alkali - Silica Reaction ASTM C 469 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C 494/C 494M Standard Specification for Chemical Admixtures for Concrete ASTM C 496/C 496M Standard Test Method for Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C 618 Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete ASTM C 642 Density, Absorption, and Voids in Hardened Concrete ASTM C 805 Rebound Number of Hardened Concrete ASTM C 920 Standard Specification for Elastomeric Joint Sealants ASTM C 94/C 94M Standard Specification for Ready -Mixed Concrete ASTM C 989 Standard Specification for Ground Granulated Blast -Furnace Slag for Use in Concrete and Mortars January 2022 03 30 00 - 3 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR ASTM D 1179 Fluoride Ion in Water ASTM D 1190 Standard Specification for Concrete Joint Sealer, Hot -Applied Elastic Type ASTM D 1339 Sulfite Ion in Water ASTM D 1751 Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) ASTM D 1752 Standard Specification for Preformed Sponge Rubber Cork and Recycled PVC Expansion ASTM D 3867 Nitrite -Nitrate in Water ASTM D 512 Chloride Ion in Water ASTM D 516 Sulfate Ion in Water ASTM E 329 Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction F. U.S. ARMY CORPS OF ENGINEERS (USACE) COE CRD-C 61 Test Method for Determining the Resistance of Freshly Mixed Concrete to Washing Out in Water G. Standard Specifications for Public Works Construction (SSPWC); Latest Edition 1.4 DEFINITIONS A. "Blending size" is an aggregate that complies with the quality requirements in ASTM C 33 and paragraph entitled "Aggregates" and as modified herein and can be blended with coarse and fine aggregate to produce a well graded combined grading. B. "Cementitious material" as used herein shall include portland cement, pozzolan, fly ash, and ground granulated blast -furnace slag. C. "Design strength" (fc) is the specified compressive strength of concrete to meet structural design criteria. D. "Marine concrete" is that concrete that will be in contact with or subject to submersion, tidal variations, splash, or spray from water in navigable waterways. E. "Mixture proportioning" is a description of the proportions of a concrete mixture that were selected to enable it to meet the performance durability requirements, constructability requirements, and the initial and life -cycle cost goals. F. "Mixture proportions" is the concrete supplier's by -mass proportions to replicate the mixture design. G. "Pozzolan" is a silicious or silicious and aluminous material, which in itself possesses little or no cementitious value but will, in finely divided form and in the presence of moisture, chemically react with calcium hydroxide at ordinary temperatures to form compounds possessing cementitious properties. H. "Field test strength" (fcr) is the required compressive strength of concrete to meet structural and durability criteria. Determine (fcr) during mixture proportioning process. January 2022 03 30 00 - 4 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 1.5 SUBMITTALS A. The Contractor shall submit the following in accordance with Contract Documents. Note that approval of the submittals by the City shall not be construed as relieving the Contractor from responsibility for compliance with the specifications nor from responsibility of errors of any sort in the submittals. B. Shop Drawings 1. Reinforcing steel 2. Formwork 3. Construction joints 4. Reproductions of contract drawings are unacceptable. C. Product Data 1. Materials for curing concrete 2. Joint sealants 3. Joint filler 4. Bonding compound 5. Synthetic reinforcing fibers 6. Non -shrink grout 7. Sealer -hardener 8. Preformed joint filler 9. Reinforcement supports D. Design Data 1. Mixture design. Each mix design shall show the ingredients of the mix and shall include: a. Type, brand, source, and amounts of cement, pozzolans, admixtures, or other additives b. Source and amounts of water and aggregates C. Sieve analysis of coarse and fine aggregates d. Representative samples of materials for materials testing and mix proportion testing e. Combined grading of each mix design f. Specific gravity of all materials g. Results of required tests E. Test Reports 1. Concrete mixture proportions 2. Fly ash 3. Natural pozzolan 4. Ground iron blast -furnace slag January 2022 03 30 00 - 5 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 5. Aggregates 6. Admixtures 7. Cement 8. Water 9. Reinforcement and protective coating F. Certificates 1. Curing concrete elements 2. Concrete placement and compaction 3. Quality assurance 4. Field testing technician and testing agency 5. Mixture designs 1.6 DELIVERY, STORAGE, AND HANDLING A. Do not deliver concrete until vapor barrier, forms, reinforcement, embedded items, and chamfer strips are in place and ready for concrete placement. B. Store reinforcement of different sizes and shapes in separate piles or racks raised above the ground. Protect materials from contaminants such as grease, oil, and dirt. Ensure materials can be accurately identified after bundles are broken and tags removed. C. Bundles of reinforcing bars shall be tagged showing quantity, grade, size, and suitable identification to allow checking, sorting, and placing. D. Bundles of flat sheets and rolls of welded wire fabric shall be tagged showing quantity, style designation, width, and length. E. Unidentified reinforcing steel will be rejected. 1.7 QUALITY ASSURANCE A. Concrete Mixture Design 1. At least 30 days prior to concrete placement, submit proportions for a concrete mixture for each strength and type of concrete. Submit a complete list of materials including type; brand; source and amount of cement, aggregate, fly ash, (or slag pozzolans), ground slag, polypropylene fibers, anti -washout and other admixtures, corrosion inhibitors; and applicable reference specifications. Submit additional data regarding concrete aggregates if the source of aggregate changes. Submittal shall clearly indicate where each mixture will be used when more than one mix design is submitted. The mixture shall be prepared by an accredited laboratory experienced in this field and under the direction of a licensed/registered civil engineer, who shall sign all reports and designs. B. Drawings 1. Reinforcing Steel: ACI SP-66. Provide bending and cutting diagrams, assembly diagrams, splicing placement and laps of bars, shapes, dimensions, and details of bar reinforcing, accessories, and concrete cover. Do not scale dimensions from structural January 2022 03 30 00 - 6 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR drawings to determine lengths of reinforcing bars. Only complete drawings will be accepted. 2. Formwork: ACI 347. Include design calculations indicating arrangement of forms, sizes and grades of supports (lumber), panels, and related components. Indicate placement schedule, construction, and location and method of forming control joints. Include locations of inserts, pipework, conduit, sleeves, and other embedded items. Furnish drawings and descriptions of shoring and reshoring methods proposed for slabs, beams, and other horizontal concrete members. C. Certificates Curing Concrete Elements: Submit proposed materials and methods for curing concrete elements. 2. Concrete Placement and Compaction a. Submit technical literature for equipment and methods proposed for use in placing concrete. Include pumping or conveying equipment including type, size and material for pipe, valve characteristics, and the maximum length and height concrete will be pumped. No adjustments shall be made to the mixture design to facilitate pumping. b. Submit technical literature for equipment and methods proposed for vibrating and compacting concrete. Submittal shall include technical literature describing the equipment including vibrator diameter, length, frequency, amplitude, centrifugal force, and Manufacturer's description of the radius of influence under load. Where flat work is to be cast, provide similar information relative to the proposed compacting screed or other method to ensure dense placement. 3. Quality Assurance: Develop and submit for approval a quality control plan in accordance with the guidelines of ACI 121 R and as specified herein. The plan shall include plans for the concrete supplier, the reinforcing steel supplier, and installer. Maintain a copy of ACI SP-15 and CRSI Manual of Practice at the project site. 4. Field Testing Technician and Testing Agency a. Submit data on qualifications of proposed testing agency and technicians for approval by the City's Representative prior to performing any work. (1) Work on concrete under this contract shall be performed by an ACI Concrete Field Testing Technician Grade 1 or Grade 2 qualified in accordance with ACI SP-2 or equivalent. Equivalent certification programs shall include requirements for written and performance examinations as stipulated in ACI S P-2. (2) Testing agencies that perform testing services on reinforcing steel shall meet the requirements of ASTM E 329. (3) Testing agencies that perform testing services on concrete materials shall meet the requirements of ASTM C 1077. 5. Mixture Designs: Provide a detailed report of materials and methods used, test results, and the field test strength (fcr) for marine concrete required to meet durability requirements. D. Test Reports Concrete Mixture Proportions January 2022 03 30 00 - 7 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR a. Submit copies of test reports by independent test labs conforming to ASTM C 1077 showing that the mixture has been successfully tested to produce concrete with the properties specified and that mixture will be suitable for the job conditions. Test reports shall be submitted along with the concrete mixture proportions. Obtain approval before concrete placement. b. Fully describe the processes and methodology whereby mixture proportions were developed and tested and how proportions will be adjusted during progress of the work to achieve, as closely as possible, the designated levels of relevant properties. 2. Fly Ash and Natural Pozzolan: Submit test results in accordance with ASTM C 618. Submit test results performed within 6 months of submittal date. 3. Ground Iron Blast -Furnace Slag: Submit test results in accordance with ASTM C 989 for ground iron blast -furnace slag. Submit test results performed within 6 months of submittal date. 4. Aggregates: Submit test results for aggregate quality in accordance with ASTM C 33, and the combined graduation curve for grading proposed for use in the work and used in the mixture qualification, and ASTM C 295 for results of petrographic examination. Where there is potential for alkali -silica reaction, provide results of tests conducted in accordance with ASTM C 227 or ASTM C 1260. Submit results of all tests during progress of the work in tabular and graphical form as noted above, describing the cumulative combined aggregate grading and the percent of the combined aggregate retained on each sieve. 5. Admixtures: Submit test results in accordance with ASTM C 494/C 494M and ASTM C 1017/C 1017M for concrete admixtures, ASTM C 260 for air -entraining agent, and Manufacturer's literature and test reports for corrosion inhibitor and anti -washout admixture. Submitted data shall be based upon tests performed within 6 months of submittal. 6. Cement: Submit test results in accordance with ASTM C 150 portland cement and/or ASTM C 595 and ASTM C 1157 for blended cement. Submit current mil data. 7. Water: Submit test results in accordance with ASTM D 512 and ASTM D 516. PART 2-PRODUCTS 2.1 CONCRETE A. Durability and Strength: ACI 201.2R and ACI 211.1. For structural elements to be exposed in a marine environment, adjust the concrete 28-day design strength to produce concrete of minimum design strength (fc) of 5000 psi for cast -in -place concrete elements. B. Contractor -Furnished Mixture Proportions Strength and Water-Cementitious Materials Ratio. Strength requirements shall be based on 28-day compressive strength determined on 6 by 12 inch cylindrical specimens in accordance with ASTM C 39/C 39M. The specified compressive strength of the concrete (f'c) for each portion of the structure shall meet the requirements in the contract documents. 2. The mixture proportions for marine concrete shall be developed by the Contractor to produce the design strength (fc) and to provide durability, workability, and mixture consistency to facilitate placement, compaction into the forms and around reinforcement without segregation or bleeding. The requirements for durability consideration specified January 2022 03 30 00 - 8 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR in Table 1 and subparagraph "Chloride Ion Penetration" below shall be incorporated in the mixture proportions. Table 1 — Concrete Quality Requirements Zone Exposure Condition Maximum Minimum quantity of Minimum quantity water to cementitious of portland cement ratio material (lb/cy) cement (lb/cy) Splash Zone a) Directly exposed 0.40 675 505 to salt water; or b) Subject to abrasion 3. The maximum mass of fly ash, natural pozzolans, or ground granulated blast -furnace slag that is included in the calculation of water-to-cementitious materials ratio shall not exceed the following limits: a. Fly ash shall not be used for more than 25 percent by mass of the cementitious material. The fly ash and other pozzolans present in a Type IP or IPM blended cement, ASTM C 595, shall be included in the calculated percentage. If fly ash or other pozzolan is used in concrete with slag, the portland cement shall not be less than 50 percent of the total mass of cementitious materials. A higher percentage of fly ash may be used if tests are made using actual job materials to ascertain the early and later age strengths and durability performance specified, and the use is approved by the City. b. The weight of ground granulated blast -furnace slag conforming to ASTM C 989 shall not exceed 50 percent of the weight of cement. The slag used in manufacture of a Type IS or ISM blended hydraulic cement conforming to ASTM C 595 shall be included in the calculated percentage. Higher percentage of ground granulated blast -furnace slag may be used if tests are made using actual job materials to ascertain the early and later age strengths and durability performance specified, and the use is approved by the City. C. The minimum amount of portland cement is 50 percent of the total mass of cementitious material. 4. Air Content. Concrete that will be subject to destructive exposure (other than loading and wear in a passive environment) such as freezing and thawing, severe weathering, or deicing chemicals shall be air entrained and shall conform to the air limits specified in ACI 301. 5. Slump. The concrete mixture shall be proportioned to have, at the point of deposit, a maximum slump of 4 inches as determined by ASTM C 143/C 143M. Where an ASTM C 494/C 494M, Type F or G admixture is used, the slump after the addition of the admixture shall be no less than 6 inches nor greater than 8 inches. Slump tolerances shall comply with the requirements of ACI 117. 6. Chloride Ion Penetration. To ensure the durability of concrete in marine environment, concrete shall be proportioned to have the chloride ion penetration test in accordance with ASTM C 1202, and be below 1500 coulombs for concrete specimens tested at 28 days. Alternatively, a ponding test in accordance with AASHTO T 259 may be performed to validate chloride ion penetration in accordance with ASTM C 1202. Alternative January 2022 03 30 00 - 9 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR chloride ion penetration resistance testing program may be submitted to City for review and approval. C. Required Average Strength of Concrete: The minimum compressive strength (fcr) of the selected mixture shall equal or exceed the strength required under ACI 301 for laboratory mixture designs and which passes the test indicated in the subparagraph entitled "Chloride Ion Penetration." The average compressive strength produced under field tests shall be the minimum compressive strength (fcr) required during construction. 2.2 MATERIALS A. Cement: ASTM C 150, Type II low alkali, except as modified herein. The tricalcium aluminate (C3A) content shall not be less than 4 percent to provide protection for the reinforcement and shall not be more than 10 percent to obtain concrete that is resistant to sulfate attack. Blended cements shall consist of a mixture of ASTM C 150 cement and one of the following materials: ASTM C 618 pozzolan or fly ash, or ASTM C 989 ground granulated blast -furnace slag. Use one Manufacturer for each type of cement, ground slag, fly ash, and pozzolan. 1. Fly Ash and Pozzolan: ASTM C 618, Type N, F, or C, except that the maximum allowable loss on ignition shall be 6 percent for Types N and F. Add with cement. 2. Ground Iron Blast -Furnace Slag: ASTM C 989, Grade 120. B. Water: Water shall comply with the requirements of ASTM C 94/C 94M and the chloride and sulfate limits in accordance with ASTM D 512 and ASTM D 516. Mixing water shall not contain more than 500 parts per million of chlorides as Cl and not more than 100 parts per million of sulfates as SO4. Water shall be free from injurious amounts of oils, acids, alkalies, salts, and organic materials. Where water from reprocessed concrete is proposed for use in the work, submit results of tests to verify that the treatment has negated adverse effects of deleterious materials. C. Aggregates: ASTM C 33, except as modified herein. The combined aggregates in the mixture (coarse, fine, and blending sizes) shall be well graded from the coarsest to the finest with not more than 18 percent nor less than 8 percent, unless otherwise permitted, of the combined aggregate retained on any individual sieve with the exceptions that the No. 50 may have less than 8 percent retained, sieves finer than No. 50 shall have less than 8 percent retained, and the coarsest sieve may have less than 8 percent retained. Use blending sizes where necessary, to provide a well graded combined aggregate. Reports of individual aggregates shall include standard concrete aggregate sieve sizes including 1 1/2 inches, one inch, 3/4 inch, 1/2 inch, 3/8 inch, No. 4, No. 8, No. 16, No. 30, No. 50, and No. 100. 2. Provide aggregates for exposed concrete from one source, ASTM C 227. Do not provide aggregates that react deleteriously with alkalies in cement. Refer to appendix, paragraph entitled "Test Method C227" of ASTM C 33 for expansion limits. Provide aggregate containing no deleterious material properties as identified by ASTM C 295. 3. Where a size designation is indicated, that designation indicates the nominal maximum size of the coarse aggregate. 4. Aggregate may contain materials deleteriously reactive with alkalies in the cement, if cement contains less than 0.60 percent alkalies (percent Na2O plus .658 percent K2O). Provide a material such as fly ash or slag as specified to be effective in preventing harmful expansion due to alkali -aggregate reaction by ASTM C 441. January 2022 03 30 00 - 10 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 5. Where historical data is used, provide aggregates from the same sources having the same size ranges as those used in the concrete represented by historical data. 6. Marine aggregate may be used when conforming to ASTM C 33 and if it originates from the up -current side of the land mass and it has been washed by the fresh water so that the total chloride and sulfate content of the concrete mixture does not exceed the limits defined herein. D. Nonshrink Grout: ASTM C 1107/C 1107M. E. Admixtures Provide chemical admixtures that comply with the requirements shown below and in accordance with Manufacturer's recommendations, and appropriate for the climatic conditions and the construction needs. Do not use calcium chloride or admixtures containing chlorides from other than impurities from admixture ingredients. 2. Provide minimum concentrations of corrosion -inducing chemicals as shown in Table 2 below. For concrete that may be in contact with prestressing steel tendons, the concentration shall not exceed 60 percent of the limits given in Table 2. For the concentration in grout for prestressing ducts, do not exceed 25 percent of the limits in Table 2. Table 2 - Limits on Corrosion -Inducing Chemicals Chemical Limits, Percent Test Method Chlorides 0.10 ASTM D 512 Fluorides 0.10 ASTM D 1179 Sulphites 0.13 ASTM D 1339 Nitrates 0.17 ASTM D 3867 * Limits refer to water-soluble chemicals "* Limits are expressed as a percentage of the mass of the total cementitious materials. 3. Provide anti -washout admixtures for underwater placement with a proven record of performance and compatible with the chosen cement. 4. The total alkali content shall not increase the total sodium -oxide equivalent alkali content of the concrete by more than 0.5 Ib/cy. 5. Air Entraining Admixture: Provide air entraining admixtures conforming to ASTM C 260. Provide the admixture of such a type and dosage that the total air content in the hardened concrete can be readily maintained within the limits specified in Table 3. Table 3 - Air Content Nominal Size number Total air maximum size content, of coarse percent by aggregate, volume inch(es) 3/8 8 6-10 '/2 7 5-9 January 2022 03 30 00 - 11 Cast -in -Place Concrete Q 7 AMERICAN LEGION BULKHEAD WALL REPAIR 3/4 67 4-8 1 57 3.5-6.5 1 '/2 467 3-6 2 357 2.5-5.5 3 - 1.5-4.5 Accelerating: ASTM C 494/C 494M, Type C. Retarding: ASTM C 494/C 494M, Type B, D, or G. Water Reducing: ASTM C 494/C 494M, Type A, E, or F. High Range Water Reducer (HRWR): ASTM C 494/C 494M, Type F and ASTM C 1017/C 1017M. Calcium Nitrite Corrosion Inhibitor: Include in concrete mix for all cast -in -place concrete, except as noted on plans. Add to the concrete mix at an application rate of 3 gallons per cubic yard of concrete, or per Manufacturer's recommendations, to inhibit corrosion to 9.9 Ibs of chloride at the rebar level per cubic yard of concrete. The Contractor shall furnish one concrete cylinder for every 10 cubic yards of concrete produced in order to verify the concentrations of calcium nitrite in hardened concrete. Concrete failing to contain calcium nitrite at the required concentration as tested shall be subject to rejection. Any air -entraining, water -reducing, and/or set -controlling admixtures used in the production of concrete mixtures for concrete shall be compatible with calcium nitrite solutions. The Contractor shall strictly adhere to the manufacturer's written recommendations regarding the use of the admixture including storage, transportation, and method of mixing. The calcium nitrite, which acts as an accelerator, may be used in conjunction with the retarder to control the set of concrete, as per Manufacturer's recommendation. G. Materials for Forms: Provide wood, plywood, or steel. Use plywood or steel forms where a smooth form finish is required. Lumber shall be square edged or tongue -and -groove boards, free of raised grain, knotholes, or other surface defects. Plywood: PS-1, B-B concrete form panels or better. Steel form surfaces shall not contain irregularities, dents, or sags. Form Ties and Form -Facing Material a. Provide a form tie system that does not leave mild steel after break -off or removal any closer than 2 inches from the exposed surface. Do not use wire alone. Form ties and accessories shall not reduce the effective cover of the reinforcement. b. Form -facing material shall be structural plywood or other material that can absorb air trapped in pockets between the form and the concrete and some of the high water-cementitious materials ratio surface paste. Maximum use is three times. Provide forms with a form treatment to prevent bond of the concrete to the form. C. As an alternate to using an absorptive wood form contact face as a form liner, use "Zendrain" or an approved equal in strict accordance with the Manufacturer's recommendations. H. Reinforcement Reinforcing Bars: a. ASTM A 934/A 934M Grade 60 for Epoxy -Coated Steel Bars, only where specified b. ASTM A 615/A 615M Grade 60 for Deformed and Plain Carbon -Steel Bars January 2022 03 30 00 - 12 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 2. Mechanical Reinforcing Bar Connectors: ACI 301. Provide 125 percent minimum yield strength of the reinforcement bar. Coat connectors in accordance with the same requirements as reinforcing bars. 3. Welded Wire Fabric: ASTM A 185/A 185M or ASTM A 497/A 497M. Provide flat sheets of welded wire fabric for slabs and toppings. 4. Wire: ASTM A 82/A 82M or ASTM A 496/A 496M. 5. Weldable Reinforcing Bars: All reinforcing steel to be welded shall conform to ASTM A706. Materials for Curing Concrete Impervious Sheeting: ASTM C 171; waterproof paper, clear or white polyethylene sheeting, or polyethylene -coated burlap. 2. Pervious Sheeting: AASHTO M 182. J. Liquid Chemical Sealer -Hardener Compound: Provide magnesium fluosilicate compound which when mixed with water seals and hardens the surface of the concrete. Do not use on exterior slabs exposed to freezing conditions. Compound shall not reduce the adhesion of resilient flooring, tile, paint, roofing, waterproofing, or other material applied to concrete. K. Expansion/Contraction Joint Filler: ASTM D 1751 or ASTM D 1752, 1/2 inch thick, unless otherwise indicated. L. Joint Sealants Horizontal Surfaces, 3 Percent Slope, Maximum a. ASTM D 1190 or ASTM C 920, Type M, Class 25, Use T. 2. Vertical Surfaces Greater Than 3 Percent Slope a. ASTM C 920, Type M, Grade NS, Class 25, Use T. M. Bonding Compound: ASTM C 881/C 881M. Provide Type I for bonding hardened concrete to hardened concrete; Type 11 for bonding freshly mixed concrete to hardened concrete; and Type III as a binder in epoxy mortar or concrete, or for use in bonding skid -resistant materials to hardened concrete. Provide Grade 1 or 2 for horizontal surfaces and Grade 3 for vertical surfaces. Provide Class A if placement temperature is below 40 degrees F; Class B if placement temperature is between 40 and 60 degrees F; or Class C if placement temperature is above 60 degrees F. PART 3 - EXECUTION 3.1 FORMS A. Set forms mortar -tight and true to line and grade. Chamfer above grade exposed joints, edges, and external corners of concrete 0.75 inch unless otherwise indicated. Forms submerged in water shall be watertight. B. Provide formwork with clean -out openings to permit inspection and removal of debris. Formwork shall be gasketed or otherwise rendered sufficiently tight to prevent leakage of paste January 2022 03 30 00 - 13 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR or grout under heavy, high -frequency vibration. Use a release agent that does not cause surface dusting. Limit reuse of plywood to no more than three times. Reuse may be further limited by the City's Representative if it is found that the pores of the plywood are clogged with paste to the degree that the wood does not absorb the air or the high water-cementitious materials ratio concrete surface. C. Patch form tie holes with a nonshrink patching material in accordance with the Manufacturer's recommendations and subject to approval. D. Coating: Before concrete placement, coat the contact surfaces of forms with a nonstaining mineral oil, nonstaining form coating compound, or two coats of nitrocellulose lacquer. Do not use mineral oil on forms for surfaces to which adhesive, paint, or other finish material is to be applied. E. Removal of Forms and Supports: After placing concrete, forms shall remain in place for the time periods specified in ACI 347, except for concrete placed underwater, forms shall remain in place 48 hours. Prevent concrete damage during form removal. Special Requirements for Reduced Time Period a. Forms may be removed earlier than specified if ASTM C 39/C 39M test results of field -cured samples from a representative portion of the structure or other approved and calibrated non-destructive testing techniques show that the concrete has reached a minimum of 85 percent of the design strength. Reshoring: Do not allow construction loads to exceed the superimposed load which the structural member, with necessary supplemental support, is capable of carrying safely and without damage. Reshore concrete elements where forms are removed prior to the specified time period. Do not permit elements to deflect or accept loads during form stripping or reshoring. Forms on columns, walls, or other load -bearing members may be stripped after 2 days if loads are not applied to the members. After forms are removed, slabs and beams over 10 feet in span and cantilevers over 4 feet shall be reshored for the remainder of the specified time period in accordance with paragraph entitled "Removal of Forms." Perform reshoring operations to prevent subjecting concrete members to overloads, eccentric loading, or reverse bending. Reshoring elements shall have the same load -carry capabilities as original shoring and shall be spaced similar to original shoring. Firmly secure and brace reshoring elements to provide solid bearing and support. 3.2 PLACING REINFORCEMENT AND MISCELLANEOUS MATERIALS A. Remove rust, scale, oil, grease, clay, or foreign substances from reinforcing. B. Reinforcement Supports. Place reinforcement and secure with noncorrodible chairs, spacers, or metal hangers. Support reinforcement on the ground with concrete or other noncorrodible material, having a compressive strength equal to or greater than the concrete being placed. C. Splicing: As indicated. For splices not indicated, ACI 301. Do not splice at points of maximum stress. Overlap welded wire fabric the spacing of the cross wires, plus 2 inches. AWS D1.4/D1.4M. January 2022 03 30 00 - 14 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR D. Future Bonding: Plug exposed, threaded, mechanical reinforcement bar connectors with a greased bolt. Bolt threads shall match the connector. Countersink the connector in the concrete. Caulk the depression after the bolt is installed. E. Cover: Concrete cover for reinforcement is shown in Table 4. Placement tolerance is plus 1/4 inch. The cover to the principle reinforcing bars shall be not less than 2 times the nominal maximum aggregate size nor less than 1.5 times the effective diameter of the reinforcing bars. Table 4 - Minimum Concrete Cover Over Reinforcement Zone Cover Over reinforcement Splash Zone 3.0 in Directly exposed to salt water; or Subject to abrasion Cover of stirrups 1/2 in less than those listed above Setting Miscellaneous Material and Prestress Anchorages: Place and secure anchors, bolts, pipe sleeves, conduits, and other such items in position before concrete placement. Plumb anchor bolts and check location and elevation. Temporarily fill voids in sleeves with readily removable material to prevent the entry of concrete. Electrically isolate exposed steel work and its anchor systems from the primary steel reinforcement with at least 2 inches of concrete. Coat exposed steel work to reduce corrosion. Take particular care to ensure against corrosion on edges and horizontal surfaces. Use epoxy coatings for protection of carbon steel plates and fittings. G. Construction Joints: Locate joints to least impair strength. Continue reinforcement across joints unless otherwise indicated. H. Expansion Joints and Contraction Joints: Provide expansion joints where indicated. Make expansion joints 1/2 inch wide unless indicated otherwise. Fill expansion joints not exposed to weather with preformed joint filler material. Completely fill joints exposed to weather with joint filler material and joint sealant. Do not extend reinforcement or other embedded metal items bonded to the concrete through any expansion joint unless an expansion sleeve is used. Place contraction joints, either formed or saw cut or cut with a jointing tool, to the indicated depth after the surface has been finished. Sawed joints shall be completed within 4 to 12 hours after concrete placement. Protect joints from intrusion of foreign matter. 3.3 BATCHING, MEASURING, MIXING, AND TRANSPORTING CONCRETE A. ASTM C 94/C 94M, ACI 301, and ACI 304R, except as modified herein. Batching equipment shall be such that the concrete ingredients are consistently measured within the following tolerances: 1 percent for cement and water, 2 percent for aggregate, and 3 percent for admixtures. Furnish mandatory batch tickets imprinted with mix identification, batch size, batch design and measured weights, moisture in the aggregates, and time batched for each load of January 2022 03 30 00 - 15 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR ready mix concrete. When a pozzolan is batched cumulatively with the cement, it shall be batched after the cement has entered the weight hopper. B. Measuring 1. Make measurements at intervals as specified in paragraphs entitled "Sampling" and "Testing." 2. Adjust batch proportions to replicate the mixture design using methods provided in the approved quality assurance plan. Base the adjustments on results of tests of materials at the batch plant for use in the work. Maintain a full record of adjustments and the basis for each. C. Mixing: ASTM C 94/C 94M and ACI 301. Machine mix concrete. Begin mixing within 30 minutes after the cement has been added to the aggregates. Place concrete within 90 minutes of either addition of mixing water to cement and aggregates or addition of cement to aggregates if the air temperature is less than 85 degrees F. Reduce mixing time and place concrete within 60 minutes if the air temperature is greater than 85 degrees F except as follows: if set retarding admixture is used and slump requirements can be met, limit for placing concrete may remain at 90 minutes. Additional water may be added, if both the specified maximum slump and water- cementitious material ratio are not exceeded. When water is added, an additional 30 revolutions of the mixer at mixing speed is required. If time of discharge exceeds time required by ASTM C 94/C 94M, submit a request along with description of precautions to be taken. If the entrained air content falls below the specified limit, add a sufficient quantity of admixture to bring the entrained air content within the specified limits. Dissolve admixtures in the mixing water and mix in the drum to uniformly distribute the admixture throughout the batch. D. Transporting: Transport concrete from the mixer to the forms as rapidly as practicable. Prevent segregation or loss of ingredients. Clean transporting equipment thoroughly before each batch. Do not use aluminum pipe or chutes. Remove concrete which has segregated in transporting and dispose of as directed. 3.4 PLACING CONCRETE A. Place concrete as soon as practicable after the forms and the reinforcement have been inspected and approved. Do not place concrete when weather conditions prevent proper placement and consolidation; in uncovered areas during periods of precipitation; or in standing water. Prior to placing concrete, remove dirt, construction debris, water, snow, and ice from within the forms. Deposit concrete as close as practicable to the final position in the forms. Do not exceed a free vertical drop of 3 feet from the point of discharge. Place concrete in one continuous operation from one end of the structure towards the other or lifts for vertical construction. Position grade stakes on 10 foot centers maximum in each direction when pouring interior slabs and on 20 foot centers maximum for exterior slabs. At no time shall the concrete temperature exceed 150°F. B. Vibration Comply with the requirements of ACI 309R and ASTM A 934/A 934M using vibrators with a minimum frequency of 9000 vibrations per minute (VPM). Use only high cycle or high frequency vibrators. Motor -in -head 60 cycle vibrators may not be used. For walls and deep beams, use a minimum of two vibrators with the first to melt down the mixture and the second to thoroughly consolidate the mass. Provide a spare vibrator at the casting site whenever concrete is placed. Place concrete in 18 inch maximum vertical lifts. Insert and withdraw vibrators approximately 18 inches apart. Penetrate at least 8 inches into the previously placed lift with the vibrator when more than one lift is required. Extract the vibrator using a series of up and down motions to drive the trapped air out of the concrete and from between the concrete and the forms. January 2022 03 30 00 - 16 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 2. For slab construction use vibrating screeds designed to consolidate the full depth of the concrete. Where beams and slabs intersect, use an internal vibrator to consolidate the beam. Do not vibrate concrete placed with anti -washout admixtures. Vibrators shall be equipped with rubber vibrator heads. C. Application of Bonding Compound: Apply a thin coat of compound to dry, clean surfaces. Scrub compound into the surface with a stiff -bristle brush. Place concrete while compound is tacky. Do not permit compound to harden prior to concrete placement. Follow Manufacturer's instructions regarding safety and health precautions when working with epoxy resins. D. Pumping: ACI 304R and ACI 304.2R. Pumping shall not result in separation or loss of materials nor cause interruptions sufficient to permit loss of plasticity between successive increments. Loss of slump in pumping equipment shall not exceed 2 inches. Do not use pipe made of aluminum or aluminum alloy. Avoid rapid changes in pipe sizes. Limit maximum size of coarse aggregate to 33 percent of the diameter of the pipe. Maximum size of well-rounded aggregate shall be limited to 40 percent of the pipe diameter. Take samples for testing at both the point of delivery to the pump and at the discharge end. E. Cold Weather: ACI 306.1. Do not allow concrete temperature to decrease below 50 degrees F. Obtain approval prior to placing concrete when ambient temperature is below 40 degrees F or when concrete is likely to be subjected to freezing temperatures within 24 hours. Cover concrete and provide sufficient heat to maintain 50 degrees F minimum adjacent to both the formwork and the structure while curing. Limit the rate of cooling to 5 degrees F in any one hour and 50 degrees F per 24 hours after heat application. Hot Weather: ACI 305R. Maintain required concrete temperature using Figure 2.1.5, "Effect of Concrete Temperatures, Relative Humidity, and Wind Velocity on the Rate of Evaporation of Surface Moisture From Concrete" in ACI 305R to prevent the evaporation rate from exceeding 0.2 pound of water per square foot of exposed concrete per hour. Cool ingredients before mixing or use other suitable means to control concrete temperature and prevent rapid drying of newly placed concrete. Shade the fresh concrete as soon as possible after placing. Start curing when the surface of the fresh concrete is sufficiently hard to permit curing without damage. Provide water hoses, pipes, spraying equipment, and water hauling equipment, where job site is remote to water source, to maintain a moist concrete surface throughout the curing period. Provide burlap cover or other suitable, permeable material with fog spray or continuous wetting of the concrete when weather conditions prevent the use of either liquid membrane curing compound or impervious sheets. For vertical surfaces, protect forms from direct sunlight and add water to top of structure once concrete is set. 3.5 SURFACE FINISHES A. Defects: Repair formed surfaces by removing minor honeycombs, pits greater than one square inch surface area or 0.25 inch maximum depth, or otherwise defective areas. Provide edges perpendicular to the surface and patch with nonshrink grout. Patch tie holes and defects when the forms are removed. Concrete with extensive honeycomb including exposed steel reinforcement, cold joints, entrapped debris, separated aggregate, or other defects which affect the serviceability or structural strength will be rejected, unless correction of defects is approved. Obtain approval of corrective action prior to repair. The surface of the concrete shall not vary more than the allowable tolerances of ACI 347. Exposed surfaces shall be uniform in appearance and finished to a smooth form finish unless otherwise indicated. B. Formed Surfaces 1. Tolerances: ACI 117 and as indicated. January 2022 03 30 00 - 17 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 2. As -Cast Rough Form: Provide for surfaces not exposed to public view. Patch holes and defects and level abrupt irregularities. Remove or rub off fins and other projections exceeding 0.25 inch in height. 3. As -Cast Form: Provide form facing material producing a smooth, hard, uniform texture on the concrete. Arrange facing material in an orderly and symmetrical manner and keep seams to a practical minimum. Support forms as necessary to meet required tolerances. Material with raised grain, torn surfaces, worn edges, patches, dents, or other defects which will impair the texture of the concrete surface shall not be used. Patch tie holes and defects and completely remove fins. C. Finish: Place, consolidate, and immediately strike off concrete to obtain proper contour, grade, and elevation before bleedwater appears. Permit concrete to attain a set sufficient for floating and supporting the weight of the finisher and equipment. If bleedwater is present prior to floating the surface, drag excess water off or remove by absorption with porous materials. Do not use dry cement to absorb bleedwater. Finish exterior surfaces not otherwise specified with wood floats to even surfaces, and match adjacent finishes. 1. Scratched: Use for surfaces intended to receive bonded applied cementitious applications. After the concrete has been placed, consolidated, struck off, and leveled, the surface shall be roughened with stiff brushes of rakes before final set. 2. Floated: After the concrete has been placed, consolidated, struck off, and leveled, do not work the concrete further, until ready for floating. Whether floating with a wood, magnesium, or composite hand float, with a bladed power trowel equipped with float shoes, or with a powered disc, float shall begin when the surface has stiffened sufficiently to permit the operation. 3. Broomed: Perform a floated finish, then draw a broom or burlap belt across the surface to produce a coarse scored texture. Permit surface to harden sufficiently to retain the scoring or ridges. Broom transverse to traffic or at right angles to the slope of the slab. 4. Scored: Where indicated, provide a scored finish on the unformed (top) surface of the cast -in -place concrete element. Scoring patters shall be as indicated in the Contract Documents. Provide sample of pattern to City's Representative as requested. 5. Concrete Toppings Placement: ACI 301. The following requirements apply to the placement of toppings of concrete on concrete surfaces that are either freshly placed and still plastic, or on hardened base slabs. a. Placing on a Fresh Concrete: Screed and bull float the base slab. As soon as water sheen has disappeared, lightly rake surface of the base slab with a stiff bristle broom to produce a bonding surface for the topping. Immediately spread topping mixture evenly over the roughened base before final set takes place. Give topping the finish indicated on the drawings. b. Bonding to a Hardened Concrete: When the topping is to be bonded to a floated or troweled hardened base, roughen the base by scarifying, grit -blasting, scabbling, planning, flame cleaning, or acid -etching to lightly expose aggregate and provide a bonding surface. Remove dirt, laitance, and loose aggregate by means of a stiff wire broom. Keep the clean base wet for a period of 12 hours preceding the application of the topping. Remove excess water and apply a 1:1:1/2 cement -sand -water grout, and brush into the surface of the base slab. Do not allow the cement grout to dry, and spread it only short distances a head of the topping placement. Do not allow the temperature differential between the completed base and the topping mixture to exceed 10 degrees F at the time of placing. Place the topping and finish as indicated. January 2022 03 30 00 - 18 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 3.6 CURING AND PROTECTION A. ACI 301 and ACI 308R unless otherwise specified. Prevent concrete from drying by misting surface of concrete. Begin curing immediately following final set. Avoid damage to concrete from vibration created by blasting, movement of equipment in the vicinity, disturbance of formwork or protruding reinforcement, by rain or running water, adverse weather conditions, and any other activity resulting in ground vibrations. Protect concrete from injurious action by sun, rain, flowing water, frost, mechanical injury, tire marks, and oil stains. Do not allow concrete to dry out from time of placement until the expiration of the specified curing period. If forms are removed prior to the expiration of the curing period, provide another curing procedure specified herein for the remaining portion of the curing period. Provide moist curing for those areas receiving liquid chemical sealer -hardener or epoxy coating. B. Wet cure marine concrete using potable water for a minimum of 7 days. Do not allow construction loads to exceed the superimposed load which the structural member, with necessary supplemental support, is capable of carrying safely and without damage. C. Moist Curing: Remove water without erosion or damage to the structure. 1. Ponding or Immersion: Continually immerse the concrete throughout the curing period. Water shall not be 20 degrees F less than the temperature of the concrete. For temperatures between 40 and 50 degrees F, increase the curing period by 50 percent. 2. Fog Spraying or Sprinkling: Apply water uniformly and continuously throughout the curing period. For temperatures between 40 and 50 degrees F, increase the curing period by 50 percent. 3. Pervious Sheeting: Completely cover surface and edges of the concrete with two thicknesses of wet sheeting. Overlap sheeting 6 inches over adjacent sheeting. Sheeting shall be at least as long as the width of the surface to be cured. During application, do not drag the sheeting over the finished concrete nor over sheeting already placed. Wet sheeting thoroughly and keep continuously wet throughout the curing period. 4. Impervious Sheeting: Wet the entire exposed surface of the concrete thoroughly with a fine spray of water and cover with impervious sheeting throughout the curing period. Lay sheeting directly on the concrete surface and overlap edges 12 inches minimum. Provide sheeting not less than 18 inches wider than the concrete surface to be cured. Secure edges and transverse laps to form closed joints. Repair torn or damaged sheeting or provide new sheeting. Cover or wrap columns, walls, and other vertical structural elements from the top down with impervious sheeting; overlap and continuously tape sheeting joints; and introduce sufficient water to soak the entire surface prior to completely enclosing. D. Liquid Chemical Sealer -Hardener: Apply the sealer -hardener in accordance with Manufacturer's recommendations. Seal or cover joints and openings in which joint sealant is to be applied as required by the joint sealant Manufacturer. The sealer -hardener shall not be applied until the concrete has been moist cured and has aged for a minimum of 30 days. Apply a minimum of two coats of sealer -hardener. E. Curing Periods: Moist cure concrete using potable water for a minimum of 7 days. Continue additional curing for a total period of 21 days. Begin curing immediately after placement. Protect concrete from premature drying, excessively hot temperatures, and mechanical injury; and maintain minimal moisture loss at a relatively constant temperature for the period necessary for hydration of the cement and hardening of the concrete. The materials and methods of curing shall be subject to approval by the City's Representative. January 2022 03 30 00 - 19 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR 3.7 FIELD QUALITY CONTROL A. Evaluation of Mixture Designs The adequacy of the mixture design to produce the minimum specified strength and durability shall be confirmed by testing field batches. Slump shall not exceed the slump proposed for the work. Cure the castings using the same methods as the associated concrete element. 2. Test the fresh concrete as follows: a. Slump in accordance with ASTM C 143/C 143M. b. Air content in accordance with ASTM C 231 or ASTM C 173/C 173M. C. Unit weight in accordance with ASTM C 138/C 138M. d. For strength, cast nine 6 by 12 inch cylinders in accordance with ASTM C 31/C 31 M. 3. Test 6 by 12 inch cylinders as follows: a. Measure and weigh each specimen to determine unit weight as they are stripped from the molds. b. Test specimens to be tested at each age for pulse velocity through concrete in accordance with ASTM C 597. C. Three at each age of 3, 7 and 28 days in accordance with ASTM C 39/C 39M. 4. Sampling and determination of water soluble chloride ion content in accordance with ASTM C 1218/C 1218M. Maximum water soluble chloride ion concentrations in hardened concrete at ages from 28 to 42 days contributed from the ingredients including water, aggregates, cementitious materials, and admixtures shall not exceed the limits of Table 5 below. Sampling and determination of chloride ion penetration (ponding test) in accordance with AASHTO T 259. Table 5 - Maximum Chloride Ion Content for Corrosion Protection Type of Member Maximum water soluble chloride ion (CI) in concrete, percent by weight of cement Reinforced concrete exposed to 0.08 chloride in service Reinforced concrete that will be dry or 0.15 protected from moisture in service Other reinforced concrete construction 0.30 5. Submit test results for evaluation and acceptance. B. Sampling ASTM C 172. Collect samples of fresh concrete to perform tests specified. ASTM C 31/C 31 M for making test specimens. 2. Sample concrete on a random basis except where a batch appears to be deficient and the test can be used to verify the observed deviation. Identify samples so taken in a manner that they can be segmented from other tests. Obtain at least one sample for each 10 cubic yards, or fraction thereof, of each design mixture of concrete placed in any one day. When the total quantity of concrete with a given design mixture is less than 5 January 2022 03 30 00 - 20 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR cubic yards, the strength tests may be waived by the City's Representative, if in his judgment, adequate evidence of satisfactory strength is provided. C. Testing 1. Slump Tests: ASTM C 143/C 143M. Take concrete samples during concrete placement. The maximum slump may be increased as specified with the addition of an approved high range water reducing (HRWR) admixture provided that the water -cement ratio is not exceeded. Perform tests at commencement of concrete placement, when test cylinders are made, and for each batch (minimum) or every 10 cubic yards (maximum) of concrete. 2. Temperature Tests a. Test the concrete delivered and the concrete in the forms. Perform tests in hot or cold weather conditions below 50 degrees F and above 80 degrees F for each batch (minimum) or every 10 cubic yards (maximum) of concrete, until the specified temperature is obtained, and whenever test cylinders and slump tests are made. b. Determine temperature of each composite sample in accordance with ASTM C 1064/C 1064M. When the average of the highest and lowest temperature during the period from midnight to midnight is expected to drop below 40 degree s F for more than 3 successive days, concrete shall be delivered to meet the following minimum temperature at the time of placement: 1) 55 degrees F for sections less than 12 inches in the least dimension 2) 50 degrees F for sections 12 to 36 inches in the least dimension 3) 45 degrees F for sections 36 to 72 inches in the least dimension 4) 40 degrees F for sections greater than 72 inches in the least dimension C. The minimum requirements may be terminated when temperatures above 50 degrees F occur during more than half of any 24 hour duration. The temperature of concrete at time of placement shall not exceed 90 degrees F. 3. Compressive Strength Tests: ACI 214R tests for strength - conduct strength tests of concrete during construction in accordance with the following procedures: a. Mold and cure six 6 by 12 inch cylinders from each sample taken in accordance with ASTM C 31/C 31M. Prevent evaporation and loss of water from the specimen. b. Test cylinders in accordance with ASTM C 39/C 39M. Test one cylinder at 3 days, two cylinders at 7 days, two cylinders at 28 days, and hold one cylinder in reserve. The compressive strength test results for acceptance shall be the average of the compressive strengths from the two specimens tested at 28 days. If one specimen in a test shows evidence of improper sampling, molding or testing, discard the specimen and consider the strength of the remaining cylinder to be the test result. If both specimens in a test show any defects, the City's Representative may allow the entire test to be discarded. C. If the average of any three consecutive strength test results is less than the specified strength (fc) or the minimum test strength (fcr) for durability, whichever is higher, by more the 500 psi, take a minimum of three core samples in accordance with ASTM C 42/C 42M, from the in -place work represented by the low test results. Locations represented by erratic core strengths shall be retested. Remove concrete not meeting strength criteria and provide new acceptable concrete. Repair core holes with nonshrink grout. Match color and finish of adjacent concrete. January 2022 03 30 00 - 21 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR d. Strength test reports shall include location in the work where the batch represented by a test was deposited, batch ticket number, time batched and sampled, slump, air content (where specified), mixture and ambient temperature, unit weight, and water added on the job. Reports of strength tests shall include detailed information of storage and curing of specimens prior to testing. e. Final reports shall be provided within 7 days of test completion. 4. Air Content: ASTM C 173/C 173M or ASTM C 231 for normal weight concrete. Where concrete will be exposed to deicing salts as indicated. Make air content tests on samples from the first three batches in the placement and until three consecutive batches have air contents within the range of the specified air content, at which time test every fifth batch. Maintain this test frequency until a batch is not within the specified range at which time resume testing of each batch until three consecutive batches have air contents within the specified range. Perform additional tests as necessary for control. Take air content tests from planned composite samples or from samples taken in accordance with ASTM C 172 at the point of concrete placement. 5. Chloride Ion Concentration: ACI 318M. Determine water soluble chloride ion concentration. Perform test once for each mix design. 6. Anti -Washout Admixture: COE CRD-C 61. Determine cumulative mass loss. Perform test once for each 350 cubic yards of underwater concrete. D. Non -Destructive Tests Non-destructive tests - use of the rebound hammer in accordance with ASTM C 805, ASTM C 597, or other non-destructive processes may be permitted by the City's Representative in evaluating the uniformity and relative concrete strength in place, or for selecting areas to be cored. 2. Evaluate and validate test results conducted on properly calibrated equipment in accordance with standard ASTM procedures indicated 3. Core Tests a. Obtain and test cores in accordance with ASTM C 42/C 42M. If concrete in the structure is dry under service conditions, air dry cores (temperature 60 to 80 degrees F, relative humidity less than 60 percent) for 7 days before testing and test dry. If concrete in the structure will be more than superficially wet under service conditions, test the cores, after moisture conditioning, in accordance with ASTM C 42/C 42M. b. Take at least three representative cores from each member or area of concrete in place that is considered potentially deficient. Impair the strength of the structure as little as possible. If, before testing, cores show evidence of having been damaged subsequent to or during removal from the structure, take replacement cores. C. Fill core holes with low slump concrete or mortar of a strength equal to or greater than the original concrete. d. The Contracting Office will evaluate and validate core tests in accordance with the specified procedures. Before testing in compression, test each core to determine pulse velocity through concrete in accordance with ASTM C 597. Correlate pulse velocity of concrete cores with pulse velocity of in -place concrete. E. Acceptance of Concrete Strength January 2022 03 30 00 - 22 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR Standard Molded and Cured Strength Specimens: When the averages of all sets of three consecutive compressive strength test results equal or exceed the design compressive strength (fc) or the required field test strength (fcr) whichever is higher, and no individual strength test falls below the specified compressive strength (fc) or the required field durability strength (fcr) by more than 500 psi, whichever is higher. These criteria also apply when accelerated strength testing is specified unless another basis for acceptance is specified. 2. Non -Destructive Tests: Non-destructive tests may be used when permitted to evaluate concrete where standard molded and cured cylinders have yielded results not meeting the criteria. 3. Core Tests: When the average compressive strengths of the representative cores are equal to at least 85 percent of the design strength (fc) or the required average test strength (fcr), whichever is higher, and if no single core is less than 75 percent of the specified strength (fc) or the required average field test strength (fcr), whichever is higher, strength of concrete is satisfactory. Inspection: ACI 311.4R. Inspect concrete placed under water with qualified engineer/divers. END OF SECTION 03 30 00 January 2022 03 30 00 - 23 Cast -in -Place Concrete AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 05 50 00 METAL FABRICATIONS PART 1 - GENERAL 1.1 SUMMARY A. METAL FABRICATIONS consists of furnishing transportation, labor, materials, and equipment to fabricate and install miscellaneous metal fabrications. 1.2 RELATED SECTIONS A. Section 03 30 00 — Cast -In -Place Concrete B. Section 31 51 00 — Tiebacks 1.3 GENERAL A. This Section is written to cover all types of metals and their galvanizing if called for either on Drawings or in Specifications. 1.4 REFERENCES A. American Association of State Highway and Transportation Officials (AASHTO): AASHTO M-18 Strength Test of 180 degree cold bend B. American National Standards Institute (ANSI): ANSI A14.3 Ladders, Fixed, Safety Requirements C. American Society for Testing and Materials (ASTM International) D. American Welding Society (AWS): AWS D1.1 Structural Welding Code — Steel AWS D1.2 Structural Welding Code - Aluminum E. Reference Specifications (RS) are the 2018 Edition of the "Greenbook", Standard Specifications for Public Works Construction: Section 206 - Miscellaneous Metal Items Subsection 206-1 - Structural Steel, Rivets, Bolts, Pins and Anchor Bolts Subsection 206-2 - Steel Castings 1.5 QUALITY ASSURANCE A. The Engineer reserves the right to inspect the manufacture or fabrication. The Engineer's inspection of the work does not relieve the Contractor of the responsibility for the work. Errors or faults that are discovered during fabrication shall be corrected by the Contractor prior to installation. January 2022 05 50 00 - 1 Metal Fabrications AMERICAN LEGION BULKHEAD WALL REPAIR B. Welders shall be qualified in accordance with the requirements of AWS D1.1 and D1.2. C. Prepare mill tests for specified ASTM material. 1.6 SUBMITTALS A. Test Reports: Unless requirements are waived in writing, Contractor shall submit to the Engineer two (2) copies of mill test reports certifying that materials meet the ASTM requirements. B. Shop Drawings: 1. Prior to the purchase of materials and their fabrication, shop drawings, details, dimensions, sizes of materials, and data for the fabrication of the miscellaneous metal work shall be submitted by the Contractor to the Engineer for review. 2. No change shall be made on shop drawings after they have been approved, except by written consent or direction of the Engineer. 3. Substitution of sections having dimensions different from those shown on the shop drawings or Drawings shall be made only when approved in writing by the Engineer. 1.7 PRODUCT STORAGE A. Store metals above ground upon platforms, skids, or other supports, and kept free from dirt, grease, and other foreign material. Protect metals from corrosion while stored. PART 2 - PRODUCTS 2.1 MATERIALS A. Metals, General: 1. Metal Surfaces, General: Provide materials with smooth, flat surfaces, unless otherwise indicated. For metal fabrications exposed to view in the completed Work, provide materials without seam marks, roller marks, rolled trade names, or blemishes. B. Ferrous Metals: 1. Misc Plates, Bars, Pipe, and Shapes: ASTM A572, Grade 50 2. Ferrous metal items shall be galvanized per ASTM A123-02 unless called out otherwise on Drawings. C. Ferrous Metals — Stainless Steel: 1. Stainless Steel Bars and Shapes: ASTM A276, Type 316-A 2. All Stainless Steel Hardware: ASTM A193, A194 D. Electrodes for Structural Steel shall be E70-Low Hydrogen. E. Nonferrous Metals: 1. Aluminum Plate and Sheet: ASTM B209, Alloy 6061-T6. 2. Aluminum Extrusions: ASTM B221, Alloy 6063-T6. 3. Aluminum Castings: ASTM B26/B26M, Alloy 443.0-F. Fasteners: 1. General: Unless otherwise indicated, provide Type 316 stainless -steel fasteners for exterior use. Provide stainless -steel fasteners for fastening aluminum. Select fasteners for type, grade, and class required. 2. Steel Bolts and Nuts: Regular hexagon -head bolts, ASTM A307, Grade A, galvanized; with hex nuts, ASTM A563; and, where indicated, flat washers, ASTM F436, galvanized. January 2022 05 50 00 - 2 Metal Fabrications AMERICAN LEGION BULKHEAD WALL REPAIR 3. Anchor Bolts: ASTM F1554, Grade 36. 4. Provide hot -dip or mechanically deposited, zinc -coated anchor bolts where item being fastened is indicated to be galvanized. 5. Eyebolts: ASTM A489. 6. Machine Screws: ASME B18.6.3. 7. Lag Bolts: ASME B18.2.1. 8. Plain Washers: Round, ASME B18.22.1. 9. Cast -in -Place Anchors in Concrete: Anchors capable of sustaining, without failure, a load equal to four times the load imposed, as determined by testing according to ASTM E488, conducted by a qualified independent testing agency. 10. Threaded or wedge type; galvanized ferrous castings, either ASTM A47/A 47M malleable iron or ASTM A27/A27M cast steel. Provide bolts, washers, and shims as needed, hot - dip galvanized per ASTM Al53/A153M. G. Galvanizing: Minimum Weight of Zinc Coating 0z/ft2 of surface Class of Material Average of Specimens Tested Any Individual Specimen Class A - Castings - 2.00 1.80 Malleable Iron, Steel Class B - Rolled, pressed, and forged articles (except 2.00 1.80 those that would be included under Classes C and D) B-1 - 3/16 inch and over in thickness and over 8 inches 2.00 1.80 in length B-2 - Under 3/16 inch in thickness and over 8 inches 1.50 1.25 in length BB=3 - 8 inch and under in 1.30 1.10 length and any thickness 2.2 FABRICATION A. General: 1. Metal items shall be fabricated and finished in accordance with the Drawings and reviewed shop drawings. Contractor shall verify measurements before fabrication. 2. Welding procedures and inspection shall be in accordance with AWS D1.1 and D1.2. Welding shall be continuous along the area of contact except where tack welding is called for on Drawings. Welds shall be ground smooth. 3. Fabricated ferrous items shall be galvanized after fabrication. 4. Metal fabrications showing injurious defects, weak spots, imperfections in work, or otherwise not conforming to the Specifications or Drawings will be rejected. PART 3 - EXECUTION 3.1 INSTALLATION January 2022 05 50 00 - 3 Metal Fabrications 3.2 AMERICAN LEGION BULKHEAD WALL REPAIR A. All steel work shall be performed in accordance with the AISC Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings. B. Install miscellaneous metal items in accordance with Drawings and reviewed shop drawings. C. Coordinate and furnish anchorages, setting drawings, diagrams, templates, instructions, and directions for installing anchorages, including concrete inserts, sleeves, anchor bolts, and miscellaneous items having integral anchors that are to be embedded in concrete or masonry construction. Coordinate delivery of such items to project site. D. Direct contact between dissimilar metals is not permitted. Where connections between dissimilar metals are required, an Ultra High Molecular Weight Polyethylene (UHMW) or non- metallic bushing shall be installed between two materials per the manufacturer's recommendations. REPAIR OF DAMAGED GALVANIZING A. Repair damaged galvanizing in conformance with Treating Damaged Galvanizing Section. END OF SECTION 05 50 00 January 2022 05 50 00 - 4 Metal Fabrications AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 26 20 05 MARINA ELECTRICAL PART 1 - GENERAL 1.1 SUMMARY A. MARINA ELECTRICAL consists of furnishing transportation, labor, materials, tools, and equipment to construct marina electrical systems. This Section applies to the relocation of existing electrical panel and electrical systems supplying floating docks and other site facilities. 1.2 RELATED SECTIONS A. Section 02 00 01 - Basic Site Materials and Methods 1.3 REFERENCES A. American Society for Testing and Materials (ASTM International): ASTM B 1 Hard -Drawn Copper Wire ASTM B 8 Concentric -Lay -Stranded Copper Conductors, Hard, Medium -Hard, or Soft B. National Electrical Manufacturers Association (NEMA): NEMA ICS 6 Industrial Control and Systems Enclosures NEMA KS 1 Enclosed and Miscellaneous Distribution Equipment Switches (600 Volts Maximum) NEMA PB1 Panelboards NEMA TC 2 Electrical Plastic Tubing (EPT) and Conduit (EPC-40 and EPC-80) NEMA WD 1 Wiring Devices C. National Fire Protection Association (NFPA): NFPA 70 National Electrical Code NFPA 303 Fire Protection Standards for Marinas and Boatyards D. Underwriters Laboratories Inc. (UL): UL 50 Safety Enclosures for Electrical Equipment UL 67 Panelboards UL 83 Thermoplastic -Insulated Wires and Cables UL 467 Grounding and Bonding Equipment UL 486A Wire Connectors and Soldering Lugs for Use with Copper Conductors UL 489 Molded -Case Circuit Breakers and Circuit -Breaker Enclosures UL 498 Attachment Plugs and Receptacles UL 510 Chloride, Polyethylene, and Rubber Insulating Tape UL 514B Fittings for Conduit and Outlet Boxes January 2022 26 20 05 - 1 Marina Electrical AMERICAN LEGION BULKHEAD WALL REPAIR UL 514C Nonmetallic Outlet Boxes, Flush -Device Boxes, and Covers UL 651 Schedule 40 and 80 Rigid PVC Conduit UL 886 Outlet Boxes and Fittings for Use in Hazardous (Classified) Locations UL 943 Ground -Fault Circuit -Interrupters UL 1569 Metal -Clad Cables 1.4 SUBMITTALS A. Submit manufacturer's catalog data for the following items: 1. Receptacles 2. Enclosed circuit breakers 3. Disconnect switches 4. Conduit and fittings (each type) 5. Power pedestals 6. Grounding and bonding equipment 7. Device plates 8. Wires and cables 9. Outlet boxes and covers 10. Distribution panel 11. Splice and termination components 12. Wireways 13. Cabinets, junction boxes, and pull boxes 14. Conduit support B. Submit field test reports for 600-volt wiring test grounding system test in report format. 1. Include written results of each test and conditions at the time measurements were made. January 2022 26 20 05 - 2 Marina Electrical AMERICAN LEGION BULKHEAD WALL REPAIR C. Submittals for distribution panel: Submit shop drawings, catalog cuts, outline drawings and other working plans of the equipment and installation to the Engineer for approval prior to purchase of materials. 2. Submit certified test reports. 3. Manufacturer's installation instructions. PART2-PRODUCTS 2.1 MATERIALS AND EQUIPMENT A. Materials, equipment, and devices shall, as a minimum, meet requirements of UL where UL standards are established for those items, and requirements of NFPA 70 and NFPA 303. 2.2 CONDUIT AND FITTINGS A. Rigid Nonmetallic Conduit: 1. PVC Type EPC-80 and EPC-80 accordance with NEMA TC 2. 2. Fittings for rigid nonmetallic conduit: UL 514B and UL 651. 3. Expansion Joints: Install as recommended by the manufacturer for the temperature conditions at time of installation. 2.3 OUTLET BOXES AND COVERS A. Outlet boxes and covers shall comply with UL 514C. B. Outlet boxes in hazardous locations shall comply with UL 886, suitable for wet locations. 2.4 JUNCTION BOXES AND PULL BOXES A. Junction boxes, and pull boxes with a volume greater than 200 cubic inches shall comply with UL 50, NEMA 4X nonmetallic. Pull boxes in grade shall be pre -cast concrete with traffic cover. 2.5 WIRES AND CABLES A. Wires and cables shall meet applicable requirements of NFPA 70 and UL for type of insulation, jacket, and conductor specified or indicated. Do not provide wires manufactured more than 12 months prior to date of delivery to site. Type G cable shall be used for flexible connection to floating dock. B. Conductors, No. 8 AWG and larger diameter shall be stranded; No. 10 AWG and smaller shall be solid copper. Conductor sizes and ampacities shown are based on copper. Minimum size for branch circuits shall be No. 12 AWG. C. Color Coding: Provide for service, feeder, branch, control, and signaling circuit conductors. Color shall be green for grounding conductors and white for neutrals; except where neutrals of more than one system are installed in same raceway or box, other neutral shall be white with colored, except green, stripe. Color of ungrounded conductors in different voltage systems shall be as follows: January 2022 26 20 05 - 3 Marina Electrical AMERICAN LEGION BULKHEAD WALL REPAIR 120/208-volt, three phases: a. Phase A - black b. Phase B — red C. Phase C - blue D. Insulation: Unless otherwise required by NFPA 70, power and lighting wires shall be 600-volt, Type THWN, except that grounding wire may be Type TW; remote -control and signal circuits shall be Type THWN. Conductors shall conform to UL 83. Where lighting fixtures require 90- degree C conductors, provide only conductors with 90-degree C insulation or better. E. Bonding Conductors: ASTM B 1, solid bare copper wire for sizes No. 8 AWG and smaller diameter; ASTM B 8, Class B, stranded bare copper wire for sizes No. 6 AWG and larger diameter. Splice and Termination Components: UL 486A, for wire connectors, and UL 510 for insulating tapes. Connectors for No. 10 AWG and smaller diameter wires shall be insulated, pressure type in accordance with UL 486A, twist -on splicing connector. Provide solderless terminal lugs on stranded conductors. Watertight Splice Box Connectors: Malleable iron with protective grounding sleeve for jacketed metal -clad cable and designed for mounting on fiberglass splice boxes. 2. Watertight Pin Connectors: Connectors shall be rated 600 volts, and individual pins shall have ampere rating equal to or greater than the cable to which they are joined. Connectors shall be molded -to -cable, quick -disconnect, polarized type having full male shroud so that when male and female assemblies are joined the shroud shall provide a completely sealed connection. Connector material shall be neoprene resistant to oil, dust, acids, and sunlight and shall be watertight. 2.6 DEVICE PLATES A. Provide UL listed, one-piece device plates for outlets to suit the devices installed. Plates shall be nylon or lexan, minimum 0.10-inch wall thickness. Plates shall be same color as receptacle with which they are mounted. Screws shall be stainless steel machine type with countersunk heads in color to match finish of plate. Use of sectional -type device plates will not be permitted. Plates shall be gasketed and UL listed for wet locations. 2.7 DISCONNECT SWITCHES A. Switches serving as motor -disconnect means shall be horsepower rated. Provide heavy duty - type switches where indicated. Provide switches in NEMA 4X enclosure in conformance with NEMA ICS 6. 2.8 PANELBOARDS A. Panelboards shall comply with UL 67 and UL 50 having a short-circuit current rating of 22,000 amperes symmetrical minimum. Panelboards for use as service disconnecting means shall additionally conform to UL 869. Panelboards shall be circuit breaker equipped. Design shall be such that individual breakers can be removed without disturbing adjacent units or without loosening or removing supplemental insulation supplied as means of obtaining clearances as required by UL. Where "space only" is indicated, make provisions for future installation of breakers. Key panelboard locks the same. Directories shall indicate load served by each circuit in panelboard and main source of service to panelboard, such as Panel "DDP" served from Panel "MSB." Type directories and mount in holder behind transparent protective covering. January 2022 26 20 05 - 4 Marina Electrical AMERICAN LEGION BULKHEAD WALL REPAIR B. Panelboard buses shall be copper. Support bus bars on bases independent of circuit breakers. Design main buses and back pans so that breakers may be changed without machining, drilling, or tapping. C. Circuit breakers shall be UL 489 thermal magnetic 100% rated type having a minimum short- circuit current rating equal to the short-circuit rating of the panelboard in which the circuit breaker will be mounted. Breaker terminals shall be UL listed as suitable for type of conductor provided. Plug-in circuit breakers and series rated circuit breakers are unacceptable. Multiple Breakers: Provide common trip type with single operating handle. Breaker design shall be such that overload in one pole automatically causes all poles to open. Maintain phase sequence throughout each panel so that any adjacent breaker poles are connected to Phases A and B, respectively. 2. Circuit Breaker with GFCI: UL 943 and NFPA 70. Provide with push -to -test button, visible indication of tripped condition, and ability to detect and trip on current imbalance of 6 milliamperes or greater in accordance with UL 943 for Class A GFCI devices. D. Panelboard enclosure shall be NEMA 3R. Hardware shall be stainless steel. 2.9 MOUNTING STRAPS A. PVC coated steel, two -hole type designed for rigid steel conduit support. PVC coating shall be between 20 and 40 mil thickness. PART 3 - EXECUTION 3.1 INSTALLATION A. Electrical installations shall conform to requirements of NFPA 70 and to requirements specified in this Section. B. Service entrance identification label or identify service entrance disconnect devices, switches, and enclosures. Label, at minimum, shall indicate breaker size and dock it serves. Provide laminated plastic labels with letters no less than 0.25 inch in height; and engrave on black -on -white matte finish. 2. Wiring Methods: a. Provide insulated conductors installed in rigid conduit, except where specifically indicated or specified otherwise or required by NFPA 70 to be installed otherwise. Grounding conductor shall be separate from electrical system neutral conductor. Provide insulated, green equipment grounding conductors for circuits installed in conduit and raceways. Minimum conduit size shall be 1/2 inch in diameter for low - voltage lighting and power circuits. b. Plastic -Coated Galvanized Rigid Steel: Use only for service entrance conduit and as required by NFPA for hazardous locations. C. PVC Schedule 40 and PVC Schedule 80 1) Do not install PVC Schedule 40 in areas subject to physical damage. 2) Do not install PVC in hazardous areas. 3.2 CONDUIT INSTALLATION January 2022 26 20 05 - 5 Marina Electrical AMERICAN LEGION BULKHEAD WALL REPAIR A. Install conduit parallel with or at right angles to structural members. B. Support conduit by nonmetallic pipe straps, wall brackets, hangers, or trapeze. Fasten by stainless steel screws to wood and by concrete inserts or expansion bolts on concrete. Threaded C-clamps may be provided on rigid steel conduit only. Load applied to fasteners shall not exceed one-fourth proof test load. Fasteners attached to concrete ceiling shall be vibration resistant and shock resistant. Holes cut to depth of more than 1 1/2 inches in reinforced concrete beams or to depth of more than 3/4 inch in concrete joints shall not cut main reinforcing bars. Fill unused holes. Where conduit crosses expansion joints, provide suitable watertight expansion fitting that maintains conduit electrical continuity by bonding jumpers or other means. C. Make changes in direction of runs with symmetrical bends or molded fittings. Make field -made bends and offsets with conduit -bending machine suitable for type of conduit used. Do not install crushed or deformed conduits. Avoid trapped conduits. Prevent dirt or trash from lodging in conduits, boxes, fittings, and equipment during construction. Free clogged conduits of obstructions. D. Expansion Joints: Install as recommended by the manufacturer for the temperature conditions at time of installation. E. Pull Wire: Install in empty conduits. Pull wire shall be plastic having minimum 200-pound tensile strength. Leave minimum 24 inches of slack at each end of pull wire. F. Locknuts and Bushings: Fasten conduits to sheet metal boxes and cabinets with two locknuts where required by NFPA 70, where insulated bushings are provided, and where bushings cannot be brought into firm contact with the box; otherwise, provide minimum single locknut and bushing. Locknuts shall have sharp edges for digging into wall of metal enclosures. Install bushings on ends of conduits, and provide insulating type where required by NFPA 70. G. Stub -Ups: Provide conduits stubbed up through concrete structures for connection to freestanding equipment with adjustable top or coupling threaded inside for plugs, set flush with finished structure. Extend conductors to equipment in rigid conduit. Where no equipment connections are made, install screwdriver -operated threaded flush non -corroding plugs in conduit end. H. Conduit and Cable Connections: Provide watertight connectors for conduit and cable connections to boxes and cabinets. 3.3 BOXES, OUTLETS, AND SUPPORTS A. Provide boxes in wiring or raceway systems wherever required for pulling of wires, making connections, and mounting of devices or fixtures. Boxes for metallic raceways shall be cast - metal, hub type, and when specifically indicated. Boxes in other locations shall be nonmetallic boxes provided with nonmetallic conduit system. Each box shall have volume required by NFPA 70 for number of conductors enclosed in a box. Provide gaskets for boxes. Provide separate boxes for flush or recessed fixtures when required by fixture terminal operating temperature. Fasten boxes and supports with wood screws on wood and with bolts and expansion shields on concrete. Support boxes directly from structure or by stainless steel hangers. Where stainless steel bar hangers are provided, attach bar to raceways on opposite sides of box, and support raceway with approved -type fastener maximum 24 inches from box. When penetrating reinforced concrete members, avoid cutting reinforcing steel. B. Boxes for use with raceway systems shall be minimum 1 1/2 inches deep, except where shallower boxes required by structural conditions are approved. Boxes shall be minimum 4 January 2022 26 20 05 - 6 Marina Electrical AMERICAN LEGION BULKHEAD WALL REPAIR inches square, except that 4-by 2-inch boxes may be provided where only one raceway enters outlet. C. Pull Boxes: Construct of at least minimum size required by NFPA 70 compatible with nonmetallic raceway systems, except where cast -metal boxes are required in locations specified herein. Furnish boxes with screw -fastened covers. Where several feeders pass through common pull box, tag feeders to indicate clearly electrical characteristics, circuit number, and panel designation. 3.4 SPECIAL TECHNIQUES A. Mounting Heights: Mount panelboards, circuit breakers, and disconnecting switches so maximum height of operating handle is not higher than 78 inches above finished structure. B. Conductor Identification: Provide within each enclosure where tap, splice, or termination is made. For conductor sizes No. 6 AWG and smaller diameter, color coding shall be by factory - applied, color -impregnated insulation. For conductor sizes No. 4 AWG and larger diameter, color coding shall be by plastic -coated, self -sticking markers; colored nylon cable ties and plates; or heat shrink -type sleeves. Identify control circuit terminations. C. Splices: Make splices in accessible locations. Make splices in conductor sizes No. 10 AWG and smaller diameter with insulated, pressure -type connector. Make splices in conductor sizes No. 8 AWG and larger diameter with solderless connector, and cover with insulation material equivalent to conductor insulation. Splices in dock pull boxes or below grade shall be rated submersible. D. Covers and Device Plates: Install gasketed plates with alignment tolerance of 1/16 inch. 3.5 FIELD QUALITY CONTROL A. Furnish test equipment and personnel. Notify Engineer 5 working days prior to each test. B. Devices Subject to Manual Operation: Operate each device subject to manual operation at least five times, demonstrating satisfactory operation each time. C. Distribution Panel: Measure output voltage of branch circuits. 2. Inspect installation to assure unit is properly grounded. D. Grounding System Test: Test grounding system to ensure continuity and resistance to ground is not excessive. Test each ground bus for resistance to ground before making connections to the bus; tie grounding system together and test for resistance to ground. Make resistance measurements in dry weather. END OF SECTION 26 20 05 January 2022 26 20 05 - 7 Marina Electrical AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 31 51 00 TIEBACKS PART 1 - GENERAL 1.1 SUMMARY A. TIEBACKS consists of furnishing all labor, materials, tools, supervision, transportation, installation equipment, and incidentals necessary to complete the work specified herein and shown on the Drawings. The work shall include but not be limited to mobilization, surveying, drilling, inserting, grouting, load testing, and lock -off of tiebacks (ground anchors). Ground anchors shall be installed at the locations shown on the Drawings, as specified herein and as directed by the Engineer. 1.2 WORK INCLUDED A. Work activities include but are not limited to the following: 1. Furnishing, installing, and testing tiebacks. Unless otherwise directed, the Contractor shall select the ground anchor type, drilling method, grouting method, grouting pressures, and, subject to the minimum values in the contract documents, determine the bond length, free -stressing (unbonded) length, and anchor diameter (if proposing an alternate from what is shown on the Drawings). The Contractor shall be responsible for installing ground anchors that will develop the load -carrying capacity indicated on the Drawings in accordance with the testing subsection of this Specification. 2. The anchor tendon shall be protected from corrosion as shown on the Drawings and in accordance with the requirements of this Specification. 1.3 RELATED SECTIONS A. Coordinate the Work of this Section with all other Drawings and in particular: Section 05 50 00 - Metal Fabrications 2. Section 03 30 00 - Cast -In -Place Concrete 1.4 MEASUREMENT AND PAYMENT A. The contract price paid for "Tiebacks" shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the tieback anchors, including special measures taken to contain grout in the drilled hole, performance testing, extended creep testing and furnishing and installing anchorage assemblies, complete in place, including repair or replacement of sheathing as shown on the Drawings, as specified in the Reference Standards, specified herein, and as directed by the Engineer. B. No payment will be made for tiebacks which do not pass the specified testing requirements. 1.5 REFERENCES A. Contractor shall comply with the provisions of local, state, and Federal codes, specifications, standards and recommended practices, except as otherwise indicated, and in particular, of most recent edition, unless otherwise noted, and addenda thereto of: January 2022 31 51 00-1 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR B. ASTM: American Society for Testing and Materials 1. ASTM A36 - Standard Specification for Carbon Structural Steel 2. ASTM A53 - Standard Specification for Steel Pipe 3. ASTM A500 - Standard Specification for Cold -formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes 4. ASTM A416 - Standard Specification for Steel Strand, Uncoated Seven -Wire for Prestressed Concrete 5. ASTM A 536 - Standard Specification for Ductile Iron Castings 6. ASTM A572 - Standard Specification for High -Strength Low -Alloy Columbium -Vanadium Structural Steel 7. ASTM A588 - Standard Specification for High -Strength Low -Alloy Structural Steel, up to 50 ksi [345 MPa] Minimum Yield Point, with Atmospheric Corrosion Resistance 8. ASTM A709 - Standard Specification for Structural Steel for Bridges 9. ASTM A722 - Standard Specification for Uncoated High -Strength Steel Bars for 10. ASTM A981- Standard Test Method for Evaluating Bond Strength for 15.2 mm (0.6 in.) Diameter Prestressing Steel Strand, Grade 270, Uncoated, Used in Prestressed Ground Anchors 11. ASTM C109 - Standard Test Method for Compressive Strength of Hydraulic Cement Mortars (Using 2 inch or 50 mm Cube Specimens) 12. ASTM C150 - Standard Specification for Portland Cement 13. ASTM C920 - Standard Specification for Elastomeric Joint Sealants 14. ASTM D1248 - Standard Specification for Polyethylene Plastics Extrusion Materials For Wire and Cable 15. ASTM D1784 -Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds 16. ASTM D4101 - Standard Specification for Polypropylene Injection and Extrusion Materials 17. ASTM D4289 - Standard Test Methods for Elastomer Compatibility of Lubricating Greases and Fluids C. PTI: Post Tensioning Institute 1. PTI, Post Tensioning Manual 2. PTI, Specification for Unbonded Single Strand Tendons 3. PTI, Recommendations for Prestressed Rock and Soil Anchors D. Reference Reports: Contractor shall review and be familiar with site soil conditions before deciding the type of tiebacks, design of tiebacks and tieback installation. These reports are available for review in the Engineer's office. 1. Geotechnical Investigation — American Legion Project, Newport Beach, California prepared by Earth Mechanics, Inc., dated November 15, 2021. 1.6 DEFINITIONS A. Admixture: Substance added to the grout to either control bleed and/or shrinkage, improve flowability, reduce water content, or retard setting time. January 2022 31 51 00 - 2 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR B. Alignment Load (AL): A nominal minimum load applied to an anchor during testing to keep the testing equipment correctly positioned. C. Anchor: A system, used to transfer tensile loads to the ground (soil or rock), which includes the prestressing steel, anchorage, corrosion protection, sheathings, spacers, centralizers, and grout. D. Anchor Head: The means (hardware) by which the prestressing force is permanently transmitted from the prestressing steel to the bearing plate. The anchor head includes wedges and a wedge plate for strand tendons or an anchor nut for bar tendons. E. Anchor Nut: The threaded device that transfers the prestressing force in a bar to a bearing plate. F. Anchorage: The combined system of anchor head, bearing plate, trumpet, and corrosion protection that is capable of transmitting the prestressing force from the prestressing steel to the surface of the ground or the supported structure. G. Anchorage Cover: A cover to protect the anchorage from corrosion and physical damage. H. Anchor Grout: See Primary Grout. Apparent Free Tendon Length: The length of tendon which is apparently not bonded to the surrounding grout or ground, as calculated from the elastic load extension data during testing. J. Bearing Plate: A steel plate under the anchor head that distributes the prestressing force to the anchored structure. K. Bond Length: The length of the tendon that is bonded to the primary grout and capable of transmitting the applied tensile load to the surrounding soil or rock. L. Bondbreaker: A sleeve placed over the anchor tendon in the free stressing length to ensure unobstructed elongation of the tendon during stressing. M. Centralizer: A device to support and position the tendon in the drill hole so that a minimum grout cover is provided. N. Coarse -Grained Soils: Soils with more than 50 percent, by weight, of the material larger than the No. 200 sieve size. O. Cohesive Soils: Soils that exhibit plasticity. Atterberg limits are commonly used to determine plasticity and better define a soil as cohesive or non -cohesive. P. Consolidation Grout: Portland cement grout that is injected into the hole prior to inserting the tendon to either reduce the permeability of the rock surrounding the hole or improve the ground conditions. Q. Contractor: The person/firm responsible for performing the anchor work. R. Corrosion Inhibiting Compound: Material used to protect against corrosion and/or lubricate the prestressing steel. S. Coupler: The means by which the prestressing force can be transmitted from one partial -length of a prestressing tendon to another (mainly for bars). January 2022 31 51 00 - 3 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR T. Creep Movement: The movement that occurs during the creep test of an anchor under a constant load. U. Creep Test: A test to determine the movement of the ground anchor at a constant load. V. Design Load: Anticipated maximum effective load in the anchor after allowance for time - dependent losses or gains. W. Detensionable Anchor Head: An anchor head that is restressable and, in addition, permits the tendon to be completely detensioned in a controlled way at any time during the life of the structure. X. Downward Sloped Anchor: Any prestressed anchor that is placed at a slope greater than 5 degrees below the horizontal. Y. Drawings: The approved plans, profiles, typical cross sections, shop drawings, and supplemental drawings which show the location, dimensions, and details of the work to be done. Z. Elastic Movement: The recoverable movement measured during an anchor test. AA. Encapsulation: A corrugated or deformed tube protecting the prestressing steel against corrosion in the tendon bond length. BB. FPU: Specified minimum yield strength of the tendon as defined in the pertinent ASTM Specification. CC. FY: Specified minimum ultimate tensile strength of the tendon as defined in the pertinent ASTM Specification. DD. Fine -Grained Soils: Soils with at least 50 percent, by weight, of the material smaller than the No. 200 sieve size. EE. Free Stressing (Unbonded) Length: The designed length of the tendon that is not bonded to the surrounding ground or grout during stressing. FF. Fully Bonded Anchor: Anchor in which the free stressing length without bondbreaker is grouted after stressing and so bonded to the surrounding structure or ground. GG. Horizontal Anchor: Any prestressed anchor that is placed at a slope within (±5 degrees) of the horizontal. HH. Lift -Off: The load (lift-off load) in the tendon which can be checked at any specified time with the use of a hydraulic jack, by lifting the anchor head off the bearing plate. II. Lock -Off Load: The prestressing force in an anchor immediately after transferring the load from the jack to the stressing anchorage. JJ. Non -Cohesive Soils: Material that is generally nonplastic. KK. Permanent Anchor: Any prestressed ground anchor that is intended to remain and function as part of a permanent structure. A permanent anchor has to fulfill its function for an extended period of time and thus requires special design, corrosion protection, and supervision during installation. January 2022 31 51 00 - 4 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR LL. Performance Test: Incremental cyclic test loading of a prestressed anchor in which the total movement of the anchor is recorded at each increment. MM. Primary Grout: Portland cement grout that is injected into the anchor hole prior to or after the installation of the anchor tendon to provide for the force transfer to the surrounding ground along the bond length of the tendon. Primary grout is also known as anchor grout. NN. Proof Test: Incremental loading of a prestressed anchor recording the total movement of the anchor at each increment. 00. Pulling Head: Temporary anchoring device behind the hydraulic jack during stressing. PP. Relaxation: The decrease of stress or load with time while the tendon is held under constant strain. QQ. Residual Movement: The non -elastic (i.e., non -recoverable) movement of an anchor measured during load testing. RR. Restressable Anchor Head: An anchor head that permits the anchor load, throughout the life of the structure, to be measured by lift-off checking and adjusted by shimming/unshimming or thread -turning. SS. SMTS: See FPU. TT. Safety Factor: The ratio of the ultimate capacity to the working load used for the design of any component or interface. UU. Sheath: A smooth or corrugated pipe or tube protecting the prestressing steel in the free stressing length against corrosion. VV. Shop Drawings: All drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared for or by the Contractor or any subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or any other matter relating to the work. WW. Spacer: A device to separate elements of a multiple -element tendon to ensure full bond development of each prestressing steel element. XX. Stressing Anchorage: See Anchorage. YY. Subcontractor: The Subcontractor is a person/firm who has a direct or indirect contract relationship with the Contractor to perform any of the work. ZZ. Supplier: Any person/firm who supplies materials or equipment for the work, including that fabricated to a special design, and may also be a Subcontractor. AAA. Support of Excavation Anchor: A prestressed ground anchor which functions temporarily, generally 18 to 36 months in duration, and which is not considered by the CITY to fulfill a critical function. BBB. Temporary Critical Anchor: Any prestressed ground anchor for a temporary use that is judged by the Enginer to provide a critical function. Temporary critical anchors are commonly designed using the same criteria as permanent anchors. Temporary critical anchors installed in corrosive environments may require corrosion protection. January 2022 31 51 00 - 5 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR CCC. Tendon: The complete anchor assembly (excluding grout) consisting of prestressing steel, corrosion protection, sheathings, and coating when required, as well as spacers and centralizers. DDD. Test Load (TL): The maximum load to which the anchor is subjected during testing. EEE. Tieback: See Anchor. FFF. Trumpet: Device to provide corrosion protection in the transition length from the anchorage to the free stressing length. GGG. Unbonded Anchor: Anchor in which the free stressing length remains permanently unbonded. HHH. Upward Sloped Anchor: Any prestressed anchor that is placed at a slope greater than 5 degrees above the horizontal. III. Wedge: The device that transfers the prestressing force in the strand to the wedge plate. JJJ. Wedge Plate: The device that holds the wedges of multistrand tendons and transfers the anchor force to the bearing plate. KKK. Working Load: Equivalent term for Design Load. 1.7 SUBMITTALS A. Submit the following information: 1. The Contractor shall submit a list containing at least five (5) projects completed within the last five (5) years. For each project, the Contractor shall include with this submittal, at a minimum: (1) name of client contact, address, and telephone number; (2) location of project; (3) contract value; and (4) scheduled completion date and actual completion date for the project. 2. Resumes of the Contractor's staff shall be submitted to the Engineer for approval 30 working days prior to ordering tieback materials. Only those individuals designated as meeting the qualification requirements shall be used for the project. The Contractor cannot substitute for any of these individuals without written approval of the Engineer. The Engineer shall approve or reject the Contractor's qualifications and staff within fifteen (15) working days after receipt of the submission. Work shall not be started on any anchored wall system nor materials ordered until the Contractor's qualifications have been approved by the Engineer. The Engineer may suspend the work if the Contractor substitutes unqualified personnel for approved personnel during construction. If work is suspended due to the substitution of unqualified personnel, the Contractor shall be fully liable for additional costs resulting from the suspension of work and no adjustment in contract time resulting from the suspension of work will be allowed. 3. The Contractor shall prepare and submit to the Engineer for review and approval Shop Drawings describing the ground anchor system or systems intended for use. The Shop Drawings and design submission shall be submitted at least thirty (30) working days prior to the commencement of the ground anchor work. a. Contractor may propose an alternate tieback design from what is shown on the drawings, contingent upon approval of a design package by the City and Engineer. Design package and details shall be signed and sealed by and engineer who is licensed as a Civil or Structural Engineer in the State of California. The Shop Drawings shall include the following: b. A ground anchor schedule giving: 1) Ground anchor number; January 2022 31 51 00 - 6 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR 2) Ground anchor design load; 3) Type and size of tendon; 4) Minimum total anchor length; 5) Minimum bond length; 6) Minimum tendon bond length; 7) Minimum unbonded length; 8) Stressing elongation calculations for all points in stressing; 9) Testing procedures and repair procedures for tendon assembly; 10) Grout mix procedures. 4. A drawing of the ground anchor tendon and the corrosion protection system including details for the following: a. Spacers and their location; b. Centralizers and their location; C. Unbonded length corrosion protection system; d. Bond length corrosion protection system; e. Anchorage and trumpet; and f. Anchorage corrosion protection system. 5. Certificates of Compliance for the following materials, if used. The certificate shall state that the material or assemblies to be provided will fully comply with the requirements of the Contract. a. Prestressing steel, strand or bar; b. Portland cement; C. Prestressing hardware; d. Bearing plates; and e. Corrosion protection system. B. Approval of the Contractor's Shop Drawings does not relieve the Contractor of his responsibility for the successful completion of the work. C. The Contractor shall submit to the Engineer for review mill test reports for the prestressing steel and bearing plate steel. Test reports for strand shall include bond capacity tests in accordance with ASTM A981. The Engineer may require the Contractor to provide samples of any ground anchor material intended for use on the project. D. The Contractor shall submit to the Engineer for review and approval or rejection calibration data for each test jack, load cell, primary pressure gauge and reference pressure gauge to be used. The Engineer shall approve or reject the calibration data within five (5) working days after receipt of the data. Testing cannot commence until the Engineer has approved the jack, load cell, primary pressure gauge and reference pressure gauge calibrations. E. The Contractor shall submit to the Engineer within twenty (20) calendar days after completion of the ground anchor work a report containing: 1. Prestressing steel manufacturer's mill test reports for the tendons incorporated in the installation; 2. Grouting records indicating the cement type, quantity injected and the grout pressures; 3. Ground anchor test results and graphs, stressing loads and elongations, including ± tolerances; and 4. Record drawings showing the location and orientation of each ground anchor, anchor capacity, tendon type, total anchor length, bond length, unbonded length, and tendon bond length as installed and locations of all instruments installed by the Contractor. 1.8 CONTRACTOR QUALIFICATIONS A. The Contractor or Specialty Contractor performing the work described in this Specification shall have installed permanent ground anchors for a minimum of five (5) years. January 2022 31 51 00 - 7 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR B. The Contractor shall assign an engineer to supervise the work with at least five (5) years of experience in the design and construction of permanent anchored structures. The Contractor / Specialty Contractor may not use a manufacturer's representatives in order to meet the requirements of this Specification. Drill operators and on -site supervisors shall have a minimum of one (1) year experience installing permanent ground anchors with the Contractor's / Specialty Contractor's organization. 1.9 EXISTING CONDITIONS A. Prior to beginning work, the Contractor is responsible for contacting a utility location service(s) to verify the location of underground utilities before starting the work. B. The Contractor shall survey the condition of adjoining properties and make records and photographs of any evidence of settlement or cracking of any adjacent structures. The Contractor's report of this survey shall be delivered to the Engineer before work begins. PART 2-PRODUCTS 2.1 GENERAL A. The Contractor shall not deliver materials to the site until the Engineer has approved the submittals outlined in Section 1.6 Submittals of this Specification. B. The designated storage location or locations shall be protected by the Contractor from theft, vandalism, passage of vehicles, and other potential sources of damage to materials delivered to the site. C. The Contractor shall protect the materials from the elements by appropriate means. Prestressing steel strands and bars shall be stored and handled in accordance with the manufacturer's recommendations and in such manner that no corrosion or damage to the component parts occurs. All steel components shall be protected from the elements at all times. Cement and additives for grout shall be stored under cover and protected against moisture. 2.2 ADMIXTURES A. Admixtures which control bleed, improve flowability, reduce water content, and retard set may be used in the grout subject to the approval of the Engineer. Admixtures, if used, shall be compatible with the prestressing steels and mixed in accordance with the manufacturer's recommendations. Expansive admixtures may only be added to the grout used for filling sealed encapsulations, trumpets, and anchorage covers. 2.3 ANCHORAGE DEVICES A. Stressing anchorages shall be a combination of either a steel bearing plate with wedge plate and wedges, or a steel bearing plate with a threaded anchor nut. The steel bearing and wedge plate may also be combined into a single element. Anchorage devices shall be capable of developing 95 percent of the specified minimum ultimate tensile strength (SMTS) of the prestressing steel tendon. The anchorage devices shall conform to the static strength requirements of Section 3.1.6 (1) and Section 3.1.8 (1) and (2) of the PTI "Post -Tensioning Manual." B. The bearing plate shall be fabricated from steel conforming to Section 05 50 00 Metal Fabrications. January 2022 31 51 00 - 8 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR C. The trumpet shall be fabricated from a steel pipe or tube. Steel pipe or tube shall conform to the requirements of ASTM A53 for pipe or ASTM A500 for tubing. Steel trumpets shall have a minimum wall thickness of 0.12 inch (3 mm) for diameters up to 4 inches (100 mm) and 0.20 inches (5 mm) for larger diameters. D. Anchorage covers for temporary tiebacks shall be fabricated from steel or plastic with a minimum thickness of 0.09 inch (2.3 mm). The joint between the cover and the bearing plate shall be watertight. E. Wedges shall be designed to preclude premature failure of the prestressing steel due to notch or pinching effects under static and dynamic strength requirements of Section 3.1.6 (1) and Section 3.1.8 (1) and 3.1.8 (2) of the PTI "Post Tensioning Manual." Wedges shall not be reused. Wedges for epoxy coated strand shall be designed to be capable of biting through the epoxy coating and into the strand. Removal of the epoxy coating from the strand to allow the use of standard wedges shall not be permitted. Anchor nuts and other threadable hardware for epoxy coated bars shall be designed to thread over the epoxy coated bar and still comply with the requirements for carrying capacity. 2.4 BONDBREAKER A. The bondbreaker shall be fabricated from a smooth plastic tube or pipe having the following properties: (1) resistant to chemical attack from aggressive environments, grout, or corrosion inhibiting compound; (2) resistant to aging by ultra -violet light; (3) fabricated from material nondetrimental to the tendon; (4) capable of withstanding abrasion, impact, and bending during handling and installation; (5) enable the tendon to elongate during testing and stressing; and (6) allow the tendon to remain unbonded after lock -off. 2.5 CEMENT GROUT A. Type II Portland cement conforming to ASTM C150 shall be used for grout. The grout shall be a pumpable neat mixture of cement and water and shall be stable (bleed less than 2 percent), fluid, and provide a minimum 28-day compressive strength of at least 5,000 psi (35 MPa) measured in accordance with ASTM C109. Grout color shall match bulkhead cap color. B. Cement which has been in storage for more than 30 days shall not be used. Keep cement under cover and in a dry location. 2.6 CENTRALIZERS A. Centralizers shall be fabricated from plastic, steel or material which is nondetrimental to the prestressing steel. Wood shall not be used. The centralizer shall be able to support the tendon in the drill hole and position the tendon so a minimum of 0.5 inch (12 mm) of grout cover is provided and shall permit grout to freely flow around the tendon and up the drill hole. 2.7 CORROSION INHIBITING COMPOUND A. The corrosion inhibiting compound placed in either the free length or the trumpet area shall be an organic compound (i.e., grease or wax) with appropriate polar moisture displacing, corrosion inhibiting additives and self -healing properties. The compound shall permanently stay viscous and be chemically stable and nonreactive with the prestressing steel, the sheathing material, and the anchor grout. Corrosion inhibiting compounds conforming to the requirements of Section 3.2.5 of the PTI, "Specification for Unbonded Single Strand Tendons." January 2022 31 51 00 - 9 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR 2.8 GROUT TUBES A. Grout tubes shall have an adequate inside diameter to enable the grout to be pumped to the bottom of the drill hole. Grout tubes shall be strong enough to withstand a minimum grouting pressure of 145 psi (1 MPa). Postgrout tubes shall be strong enough to withstand postgrouting pressures. 2.9 HEAT SHRINKABLE SLEEVES A. Heat shrinkable sleeves shall be fabricated from a radiation crosslinked polyolefin tube internally coated with an adhesive sealant. Prior to shrinking, the tube shall have a nominal wall thickness of 0.024 inch (0.6 mm). The adhesive sealant inside the heat shrinkable tube shall have a nominal thickness of 0.02 inch (0.5 mm). 2.10 PRESTRESSING STEEL A. Ground anchor tendons shall be fabricated from single or multiple elements of one of the following prestressing steels: 1. Grade 75 DYWIDAG Threadbar or approved equal. 2. Threaded bar shall conform to ASTM A615/A615M "Standard Specifications for Deformed and Plain Carbon -Steel Bars for Concrete Reinforcement". Threaded bar systems shall be double corrosion protected with corrugated sheathing per DYWIDAG- Systems International, or approved equal. 3. Representative stress -strain curves for full bar cross section shall be submitted by the bar tendon supplier for evaluating the anticipated elongation behavior of the bars during testing. For bars that have not been proof stretched during manufacturing to 0.8FPU, creep test data shall also be submitted 4. Centralizers shall be provided at maximum intervals of 5 feet (1.5 m) with the deepest centralizer located 1 foot (0.3 m) from the end of the anchor and the upper centralizer for the bond zone located no more than 5 feet (1.5 m) from the top of the tendon bond length. 2.11 STRUCTURAL STEEL A. Structural steel shall conform to Section 05 50 00 Metal Fabrications and as shown on the Drawings. 2.12 SHEATH A. A sheath shall be used as part of the corrosion protection system for the unbounded length portion of the tendon. The sheath shall be fabricated from one of the following: 1. Steel tubing conforming to ASTM A500. The tubing shall have a minimum wall thickness of 0.2 inch (5 mm). 2. Steel pipe conforming to ASTM A53. The tubing shall have a minimum wall thickness of 0.2 inch (5 mm). 3. Plastic pipe or tube of PVC conforming to ASTM D1784, Class 13464-B. The pipe or tube shall be Schedule 40 at a minimum. 4. A corrugated tube conforming to the requirements of the tendon bond length encapsulation (Paragraph 2.15). 2.13 TENDON BOND LENGTH ENCAPSULATIONS A. The tendon bond length shall be encapsulated to provide additional corrosion protection, the encapsulation shall be fabricated from one of the following: January 2022 31 51 00 - 10 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR 1. High density corrugated polyethylene tubing conforming to the requirements of AASHTO M252 and having a minimum wall thickness of 0.06 inch (1.5 mm) except pregrouted tendons which may have a minimum wall thickness of 0.04 inch (1.0 mm). 2. Corrugated, polyvinyl chloride tubes manufactured from rigid PVC compounds conforming to ASTM D1784, Class 13464-B. 2.14 WATER A. Water for mixing grout shall be potable, clean, and free of injurious quantities of substances known to be harmful to Portland cement or prestressing steel. PART 3 - EXECUTION 3.1 DESIGN CRITERIA A. If the Contractor proposes an alternate tieback system, they shall select the type of tendon to be used. The tendon shall be sized so the design load does not exceed 50 percent of the specified minimum yield strength (FY) of the prestressing steel. The prestressing steel shall be sized so the design load does not exceed 40 percent of the specified minimum ultimate tensile strength (SMTS) of the prestressing steel. B. If the Contractor proposes an alternate grouting design from the design drawings, the Contractor shall be responsible for determining the post -grouting methodology and the bond length necessary to develop the design load indicated on the Drawings or the approved Shop Drawings in accordance with Paragraph 3.09 of this Specification. C. The free stressing length (unbonded length) for soil anchors shall not be less than the minimum unbonded length specified in the Drawings. 3.2 CORROSION PROTECTION A. Ground anchors shall be protected in accordance with PTI recommendations for Class I, Encapsulated Tendons. The corrosion protection systems shall be designed and constructed to provide reliable ground anchors for temporary and permanent structures. B. Anchorage Protection 1. All stressing anchorages permanently exposed to the atmosphere shall be grout -filled cover, except, for restressable anchorages, a corrosion inhibiting compound must be used. Stressing anchorages encased in concrete at least 3 inches (75 mm) thick do not require a cover. 2. The trumpet shall be sealed to the bearing plate and shall overlap the unbonded length corrosion protection by at least 4 inches (100 mm). The trumpet shall be long enough to accommodate movements of the structure and the tendon during testing and stressing. On strand tendons, the trumpet shall be long enough to enable the tendon to make a transition from the diameter of the tendon along the unbonded length to the diameter of the tendon at the wedge plate without damaging the encapsulation. 3. The trumpet shall be completely filled with grout, except restressable anchorages must use corrosion inhibiting compounds. Compounds may be placed any time during construction. Compound -filled trumpets shall have a permanent seal between the trumpet and the unbonded length corrosion protection. Grout must be placed after the ground anchor has been tested and stressed to the lock -off load. Trumpets filled with grout shall have either a temporary seal between the trumpet and the unbonded length corrosion protection or the trumpet shall fit tightly over the unbonded length corrosion protection for a minimum of 4 inches (100 mm). January 2022 31 51 00 - 11 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR C. Unbonded Length Protection 1. Corrosion protection of the unbonded length shall be provided by a combination of sheaths, sheath filled with a corrosion inhibiting compound or grout, or a heat shrinkable tube internally coated with a mastic compound, depending on the tendon class. The corrosion inhibiting compound shall completely coat the tendon elements, fill the void between them and the sheath, and fill the interstices between the wires of 7-wire strands. Provisions shall be made to retain the compound within the sheath. 2. The corrosion protective sheath surrounding the unbonded length of the tendon shall be long enough to extend into the trumpet, but shall not come into contact with the stressing anchorage during testing. Any excessive protection length shall be trimmed off. 3. For pregrouted encapsulations and all Class I tendons, a separate bondbreaker or common sheath shall be provided for supplemental corrosion protection or to prevent the tendon from bonding to the grout surrounding the unbonded length. D. Unbonded Length/Bond Length Transition: The transition between the corrosion protection for the bonded and unbonded lengths shall be designed and fabricated to ensure continuous protection from corrosive attack. E. Tendon Bond Length Protection for Grout Protected Tendons (Class 1) 1. A grout -filled, corrugated plastic encapsulation or a grout -filled, deformed steel tube shall be used. The prestressing steel can be grouted inside the encapsulation prior to inserting the tendon into the drill hole or after the tendon has been placed. 2. Centralizers or grouting techniques shall ensure a minimum of 0.5 inch (12 mm) of grout cover over the encapsulation. Coupler Protection: On encapsulated bar tendons (Class 1), the coupler and any adjacent exposed bar sections shall be covered with a corrosion -proof compound or wax -impregnated cloth tape. The coupler area shall be covered by a smooth plastic tube complying with the requirements set forth in Paragraph 2.13 of this Specification, overlapping the adjacent sheathed tendon by at least 1 inch (25 mm). The two joints shall be sealed each by a coated heat shrink sleeve of at least 6 inches (150 mm) length, or approved equal. The corrosion -proof compound shall completely fill the space inside the cover tube. 3.3 TENDON STORAGE AND ANCHORAGE A. Tendons shall be handled and stored in such a manner as to avoid damage or corrosion. Damage to the prestressing steel, the corrosion protection, and/or the epoxy coating as a result of abrasions, cuts, nicks, welds and weld splatter will be cause for rejection by the Engineer. The prestressing steel shall be protected if welding is to be performed in the vicinity. Grounding of welding leads to the prestressing steel is forbidden. Prestressing steel shall be protected from dirt, rust, or deleterious substances. A light coating of rust on the steel is acceptable. If heavy corrosion or pitting is noted, the Engineer shall reject the affected tendons. B. The Contractor shall use care in handling and storing the tendons at the site. Prior to inserting a tendon in the drill hole, the Contractor and the Engineer shall examine the tendon for damage to the encapsulation and the sheathing. If, in the opinion of the Engineer, the encapsulation is damaged, the Contractor shall repair the encapsulation in accordance with the tendon supplier's recommendations. If, in the opinion of the Engineer, the smooth sheathing has been damaged, the Contractor shall repair it with ultra high molecular weight polyethylene tape. The tape should be spiral wound around the tendon to completely seal the damaged area. The pitch of the spiral shall ensure a double thickness at all points. C. Banding for fabricated tendons shall be padded to avoid damage to the tendon corrosion protection. Upon delivery, the fabricated anchors or the prestressing steel for fabrication of the January 2022 31 51 00 - 12 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR tendons on site and all hardware shall be stored and handled in such a manner to avoid mechanical damage, corrosion, and contamination with dirt or deleterious substances. D. Lifting of the pre -grouted tendons shall not cause excessive bending, which can debond the prestressing steel from the surrounding grout. E. Prestressing steel shall not be exposed to excessive heat (i.e., more than 230°C). 3.4 ANCHOR FABRICATION A. Anchors shall be either shop or field fabricated from materials conforming to Part 2 of this Specification and as shown in the approved Shop Drawings and schedules. B. Prestressing steel shall be cut with a clean abrasive saw or, with the approval of the prestressing steel supplier, an oxyacetylene torch. C. All of the tendon bond length, especially for strand, must be free of dirt, manufacturers' lubricants, corrosion -inhibitive coatings, or other deleterious substances that may significantly affect the grout -to -tendon bond or the service life of the tendon. D. Pregrouting of encapsulated tendons shall be done on an inclined, rigid frame or bed by injecting the grout from the low end of the tendon. 3.5 DRILLING A. The Contractor shall be responsible for using a drilling method and means to establish a stable hole (to prevent caving) of adequate dimensions, within the tolerances specified. Only rotary drilling methods may used. Other methods may be used in non -sensitive locations on a case by case basis, if approved by the Engineer and acceptable to the City. B. Holes for anchors shall be drilled at the locations and to the length, inclination and diameter shown on the Drawings or the approved Shop Drawings. The drill bit or casing crown shall not be more than 0.12 inch (3 mm) smaller than the specified hole diameter. At the ground surface the drill hole shall be located within 1 inch (25 mm) of the location shown on the Drawings or the approved Shop Drawings. The drill hole shall be located so the longitudinal axis of the drill hole and the longitudinal axis of the tendon are parallel. In particular, the ground anchor hole shall not be drilled in a location that requires the tendon to be bent in order to enable the bearing plate to be connected to the supported structure. At the point of entry, the ground anchor shall be installed within plus/minus two (2) degrees of the inclination from horizontal shown on the Drawings or the approved Shop Drawings. At the point of entry, the horizontal angle made by the ground anchor and the structure shall be within plus/minus two (2) degrees of a line drawn perpendicular to the plane of the structure unless otherwise shown on the Drawings or approved Shop Drawings. 3.6 TENDON INSERTION A. Tendons shall be placed in accordance with the Drawings and details and the recommendations of the tendon manufacturer or specialty anchor Contractor. The tendon shall be inserted into the drill hole to the desired depth without difficulty. When the tendon cannot be completely inserted, the Contractor shall remove the tendon from the drill hole and clean or redrill the hole to permit insertion. Partially inserted tendons shall not be driven or forced into the hole. B. Each anchor tendon shall be inspected by field personnel during installation into the drill hole or casing. Damage to the corrosion protection system shall be repaired, or the tendon replaced if not repairable. Loose spacers or centralizers shall be reconnected to prevent shifting during January 2022 31 51 00 - 13 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR insertion. Damaged fusion -bonded epoxy coatings shall be repaired in accordance with the manufacturer's recommendations. If the patch is not allowed to cure prior to inserting the tendon in the drill hole, the patched area shall be protected by tape or other suitable means. C. The rate of placement of the tendon into the hole shall be controlled such that the sheathing, coating, and grout tubes are not damaged during installation of the tendon. Anchor tendons shall not be subjected to sharp bends. The bottom end of the tendon may be fitted with a cap or bullnose to aid its insertion into the hole, casing, or sheathing. 3.7 GROUTING A. The Contractor shall use a neat cement grout or a sand -cement grout. The cement shall not contain lumps or other indications of hydration. Admixtures, if used, shall be mixed in accordance with the manufacturer's recommendations. An approved additive shall be used as an expanding agent. B. The grouting equipment shall produce a grout free of lumps and undispersed cement. A positive displacement grout pump shall be used. The pump shall be equipped with a pressure gauge to monitor grout pressures. The pressure gauge shall be capable of measuring pressures of at least 145 psi (1 MPa) or twice the actual grout pressures used by the Contractor, whichever is greater. The grouting equipment shall be sized to enable the grout to be pumped in one continuous operation. The mixer should be capable of continuously agitating the grout. C. The grout shall be injected from the lowest point of the drill hole. The grout may be pumped through grout tubes, casing, hollow -stem -augers, or drill rods. The grout can be placed before or after insertion of the tendon. The quantity of the grout and the grout pressures shall be recorded. The grout pressures and grout takes shall be controlled to prevent excessive heave or fracturing. D. After the tendon is installed, the drill hole may be filled in one continuous grouting operation except that pressure grouting shall not be used in the free length zone. The grout at the top of the drill hole shall not contact the back of the structure or the bottom of the trumpet. E. If the ground anchor is installed in a fine-grained soil using drill holes larger than 6 inches (150 mm) in diameter, then the grout above the top of the bond length shall be placed after the ground anchor has been tested and stressed. The Engineer will allow the Contractor to grout the entire drill hole at the same time if the Contractor can demonstrate that his particular ground anchor system does not derive a significant portion of its load -carrying capacity from the soil above the bond length portion of the ground anchor. F. The grout tube may remain in the hole on completion of grouting if the tube is filled with grout. G. After grouting, the tendon shall not be loaded for a minimum of three (3) days. In addition, prior to testing of the anchors, verify by grout cube testing that grout has sufficient strength to safely transfer the anchor load to the ground. Grout testing shall be in accordance with ASTM C109. 3.8 ANCHORAGE INSTALLATION A. The anchor bearing plate and the anchor head or nut shall be installed perpendicular to the tendon, within plus/minus three (3) degrees and centered on the bearing plate, without bending or kinking of the prestressing steel elements. Wedge holes and wedges shall be free of rust, grout, and dirt. January 2022 31 51 00 - 14 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR B. The stressing tail shall be cleaned and protected from damage until final testing and lock -off. After the anchor has been accepted by the Engineer, tail shall be cut to its final length by either flame cutting or mechanical cutting, according to tendon manufacturer's recommendations. C. The corrosion protection surrounding the unbonded length of the tendon shall extend up beyond the bottom seal of the trumpet or 4 inches (100 mm) into the trumpet if no trumpet seal is provided. If the protection does not extend beyond the seal or sufficiently far enough into the trumpet, the Contractor shall extend the corrosion protection or lengthen the trumpet. D. The corrosion protection surrounding the unbonded length of the tendon shall not contact the bearing plate or the anchor head during testing and stressing. If the protection is too long, the Contractor shall trim the corrosion protection to prevent contact. 3.9 STRESSING, LOAD TESTING, AND ACCEPTANCE A. General: 1. Each ground anchor shall be tested. No load greater than ten (10) percent of the design load can be applied to the ground anchor prior to testing. The maximum test load shall be no less than 1.33 times the design load and shall not exceed 80 percent of the specified minimum ultimate tensile strength (SMTS) of the prestressing steel of the tendon. The minimum test load shall be 1.00 times the design load. The test load shall be simultaneously applied to the entire tendon. Stressing of single elements of multi -element tendons shall not be permitted. 2. Load testing shall be performed against the steel wale. Ground anchors shall be tensioned by direct pull with a hollow ram hydraulic jack of a model recommended by the anchor manufacturer, mounted to prevent bending of the anchor. 3. All tiebacks in a wall segment between expansion joints shall be installed at the same time. The installation of the tiebacks shall begin at the middle of the wall segment and shall continue toward both sides alternately in each loading cycle. 4. Copies of all test results and graphs shall be transmitted to the engineer as each test is completed. B. Stressing Equipment: 1. The testing equipment shall consist of: a. A dial gauge or vernier scale capable of measuring to the nearest 0.001 inch (0.025 mm) shall be used to measure the ground anchor movement. The dial gauge shall be aligned perpendicular to the loading head, parallel to the tendon to measure elongation of the bar. The dial gauges shall be supported on independent reference point and shall be in direct contact with the bar head or a rigid extension of the tendon head. The movement -measuring device shall have a minimum travel equal to the theoretical elastic elongation of the total anchor length at the maximum test load and it shall have adequate travel so the ground anchor movement can be measured without resetting the device at an interim point. b. A hydraulic jack and pump shall be used to apply the test load. The jack and a calibrated primary pressure gauge shall be used to measure the applied load. The jack and primary pressure gauge shall be calibrated by an independent firm as a unit. Gauges shall be calibrated with a single jack and shall not be used with any other jack. The calibration shall have been performed within forty-five (45) working days of the date when the calibration submittals are provided to the Engineer. Testing cannot commence until the Engineer has approved the calibration. The primary pressure gauge shall be graduated in 100 psi (0.7 MPa) increments or less. The ram travel shall be at least 6 inches (150 mm) but not less than the theoretical elastic elongation of the unbonded length plus the bonded length at the maximum test load. If elongations greater than 6 inches (150 mm) are required, restroking can be allowed. January 2022 31 51 00 - 15 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR C. A calibrated reference pressure gauge shall also be kept at the site to periodically check the production (i.e., primary pressure) gauge. The reference gauge shall be calibrated with the test jack and primary pressure gauge. The reference pressure gauge shall be stored indoors and not subjected to rough treatment. d. Proof tests loads shall be monitored by calibrated master and back-up hydraulic pressure gauges. e. The stressing equipment shall be placed over the ground anchor tendon in such a manner that the jack, bearing plates, load cells and stressing anchorage are axially aligned with the tendon and the tendon is centered within the equipment. C. Load Test Setup: 1. Dial gauges shall bear on the pulling head of the jack and their stems shall be coaxial with the tendon direction. The gauges shall be supported on an independent, fixed frame, such as a tripod, which will not move as a result of stressing or other construction activities during the operation. 2. Prior to setting the dial gauges, the Alignment Load (AL) shall be accurately placed on the tendon. The magnitude of AL depends on the type and length of the tendon. 3. Regripping of strands, which would cause overlapping wedge bites, or wedge bites on the tendon below the anchor head, shall be avoided. 4. Stressing and testing of multiple element tendons with single element jacks is not permitted. 5. Stressing shall not begin before the grout has attained the design strength. D. Extended Creep Tests: 1. At least two (2) of each ground anchor type shall be creep tested. Tests shall be performed on the initial group of anchors (of each type) selected by the Engineer. The stressing equipment shall be capable of measuring and maintaining the hydraulic pressure within 50 psi (0.35 MPa). 2. The extended creep test shall be made by incrementally loading and unloading the ground anchor in accordance with the schedule provided. At the end of each loading cycle, the load shall be held constant for the observation period indicated in the creep test schedule below. The times for reading and recording the ground anchor movement during each observation period shall be 1 minute, 2, 3, 4, 5, 6, 10, 15, 20, 25, 30, 45, 60, 75, 90, 100, 120, 150, 180, 210, 240, 270 and 300 minutes as appropriate for the load increment. Each load -hold period shall start as soon as the test load is applied. In a creep test, the primary pressure gauge and reference pressure gauge will be used to measure the applied load and the load cell will be used to monitor small changes in load during constant load -hold periods. The jack shall be adjusted as necessary in order to maintain a constant load. 3. The Contractor shall plot the ground anchor movement and the residual movement measured in an extended creep test. The Contractor shall also plot the creep movement for each load hold as a function of the logarithm of time. January 2022 31 51 00 - 16 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR EXTENDED CREEP TEST SCHEDULE Step Loading Applied Load Record and Plot Total Movement (Sti Record and Plot Residual Movement (Sri Calculate Elastic Movement (Sei 1 Apply alignment load AL 2 Cycle 1 1 0.25DL 6t, 3 Hold load for 10 minutes while recording movement at specific times. 4 Cycle 1 cont'd AL 60 6t1-6r1= bet 5 Cycle 2 0.25DL 62 0.50DL 6t2, zero reading for creep test 6 Hold load for 30 minutes while recording movement at specific times. 7 Cycle 2 cont'd AL 6r2 6t2-6r2= bee 8 Cycle 3 0.25DL 63 0.50DL 63 0.75DL 6t3, zero reading for creep test 9 Hold load for 30 minutes while recording movement at specific times. 10 Cycle 3 cont'd AL 6r3 6t3-6r3= 6e3 11 Cycle 4 0.25DL 64 0.50DL 64 0.75DL 64 1.00DL 6t4, zero reading for creep test 12 Hold load for 45 minutes while recording movement at specific times. 13 Cycle 4 cont'd AL 6r4 6t4-6 4= 6e4 14 Cycle 5 0.25DL 65 0.50DL 65 0.75DL 65 1.00DL 65 1.20DL 6t5, zero reading for creep test 15 Hold load for 60 minutes while recording movement at specific times. 16 Cycle 5 cont'd AL 6r5 6t5-6r5= 6e5 17 Cycle 6 0.25DL 66 0.50DL 66 0.75DL 66 1.00DL 66 1.20DL 66 1.33DL 6t6, zero reading for creep test 18 Hold load for 60 minutes while recording movement at specific times. 19 Cycle 6 cont'd I AL I I 6r6 6t6-8r6= 6e6 Notes: AL = Alignment Load, DL = Design Load, 8i = total movement at a load other than maximum for cycle, i = number identifying a specific load cycle E. Performance Tests: 1. Two ground anchors shall be performance tested in accordance with the procedures described below. The Engineer shall select the ground anchors to be performance tested. January 2022 31 51 00 - 17 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR The remaining ground anchors shall be tested in accordance with the proof test procedures (see Paragraph 3.095). 2. The performance test shall be made by incrementally loading and unloading the ground anchor in accordance with the schedule provided. The load shall be raised from one increment to another immediately after recording the ground anchor movement. The ground anchor movement shall be measured and recorded to the nearest 0.001 inch (0.025 mm) with respect to an independent fixed reference point at the alignment load and at each increment of load. The load shall be monitored with the primary pressure gauge. The reference pressure gauge shall be placed in series with the primary pressure gauge during each performance test. If the load determined by the reference pressure gauge and the load determined by the primary pressure gauge differ by more than ten (10) percent, the jack, primary pressure gauge and reference pressure gauge shall be recalibrated at no expense to the City. At load increments other than the maximum test load, the load shall be held just long enough to obtain the movement reading. 3. The maximum test load in a performance test shall be held for ten (10) minutes. A load cell shall be used to monitor small changes in load during constant load -hold periods. PERFORMANCE TEST SCHEDULE Step Loading Applied Load Record and Plot Total Movement Sti Record and Plot Residual Movement (Sri Calculate Elastic Movement 6ei 1 Apply alignment load AL 2 Cycle 1 0.25DL 6t, 61-60= Bet AL 60 3 Cycle 2 0.25DL 62 6t2-6r2= 6e2 0.50DL 6t2 AL 6r2 4 Cycle 3 0.25DL 63 0.50DL 63 0.75DL 66 AL 6r3 6t3-6r3= 6e3 5 Cycle 4 0.25DL 64 6t4-6r4= Sea 0.50DL 64 0.75DL 64 1.00DL 6W AL 6r4 6 Cycle 5 0.25DL 65 6t5-6r5= 6e5 0.50DL 65 0.75DL 65 1.00DL 65 1.20DL 6t5 AL 6r5 7 Cycle 6 0.25DL 66 0.50DL 66 0.75DL 66 1.00DL 66 1.20DL 66 1.33DL 6t6 AL 6r6 6t6-6r6= 6e6 8 Hold load for 10 minutes while recording movement at specific times. If the total load movement measured during the load hold exceeds the specified maximum value then the load hold shall be extended to a total of 60 minutes. January 2022 31 51 00 - 18 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR PERFORMANCE TEST SCHEDULE Step Loading Applied Load Record and Record and Plot Calculate Plot Total Residual Elastic Movement Movement Movement (Sti (Sri bei Notes: AL = Alignment Load, DL = Design Load, 6i = total movement at a load other than maximum for cycle, i = number identifying a specific load cycle 4. The jack shall be adjusted as necessary in order to maintain a constant load. The load - hold period shall start as soon as the maximum test load is applied and the ground anchor movement, with respect to a fixed reference, shall be measured and recorded at 1 minute, 2, 3, 4, 5, 6 and 10 minutes. If the ground anchor movement between one (1) minute and ten (10) minutes exceeds 0.04 inch (1 mm), the maximum test load shall be held for an additional 50 minutes. If the load hold is extended, the ground anchor movement shall be recorded at 15 minutes, 20, 30, 40, 50 and 60 minutes. Proof Tests: 1. All anchors shall be proof tested. 2. The proof test shall be performed by incrementally loading the ground anchor in accordance with the following schedule. The load shall be raised from one increment to another immediately after recording the ground anchor movement. The ground anchor movement shall be measured and recorded to the nearest 0.001 inch (0.025 mm) with respect to an independent fixed reference point at the alignment load and at each increment of load. The load shall be monitored with the primary pressure gauge. At load increments other than the maximum test load, the load shall be held just long enough to obtain the movement reading. PROOF TEST SCHEDULE Step Load 1 AL 2 0.25DL 3 0.50DL 4 0.75DL 5 1.00DL 6 1.20DL 7 1.33DL 8 Reduce to lock -off load 9 AL (optional) 10 Adjust to lock -off load 3. The maximum test load in a proof test shall be held for ten (10) minutes. The jack shall be adjusted as necessary in order to maintain a constant load. The load -hold period shall start as soon as the maximum test load is applied and the ground anchor movement with respect to a fixed reference shall be measured and recorded at 1 minute, 2, 3, 4, 5, 6 and 10 minutes. If the ground anchor movement between one (1) minute and ten (10) minutes exceeds 0.04 inch (1 mm), the maximum test load shall be held for an additional 50 minutes. If the load hold is extended, the ground anchor movements shall be recorded at 15 minutes, 20, 30, 40, 50 and 60 minutes. During the load -hold periods, the hydraulic pressure shall not deviate from the test pressure by more than 50 psi and the load shall always be returned to the test load prior to taking the movement reading. January 2022 31 51 00 - 19 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR G. Ground Anchor Acceptance Criteria 1. A performance -tested or proof -tested ground anchor with a 10 minute load hold shall be acceptable if the: (1) ground anchor resists the maximum test load with less than 0.04 inch (1 mm) of movement between 1 minute and 10 minutes; and (2) total elastic movement at the maximum test load exceeds 80 percent of the theoretical elastic elongation of the unbonded length. 2. A performance -tested or proof -tested ground anchor with a 60 minute load hold shall be acceptable if the: (1) ground anchor resists the maximum test load with a creep rate that does not exceed 0.08 inch (2 mm) in the last log cycle of time; and (2) total elastic movement at the maximum test load exceeds 80 percent of the theoretical elastic elongation of the unbonded length. 3. A ground anchor subjected to extended creep testing is acceptable if the: (1) ground anchor resists the maximum test load with a creep rate that does not exceed 0.08 inch (2 mm) in the last log cycle of time; and (2) total elastic movement at the maximum test load exceeds 80 percent of the theoretical elastic elongation of the unbonded length. The creep within bars which have not been proof stretched by the manufacturer shall be adjusted by a correction factor determined by test results furnished by the bar supplier to reflect the behavior of the material. 4. The initial lift-off reading shall be within plus or minus five (5) percent of the designed lock -off Load. If this criterion is not met, then the tendon load shall be adjusted accordingly and the initial lift-off reading repeated. H. Procedures for Anchors Failing Acceptance Criteria 1. Anchors that do not satisfy the minimum apparent free length criteria shall be either rejected and replaced at no additional cost to the City or locked off at not more than 50 percent of the maximum acceptable load attained. In this event, no further acceptance criteria are applied. 2. Regroutable anchors which satisfy the minimum apparent free length criteria but which fail the extended creep test at the test load may be postgrouted and subjected to an enhanced creep criterion. This enhanced criterion requires a creep movement of not more than 0.04 inch (1 mm) between 1 and 60 minutes at test load. Anchors which satisfy the enhanced creep criterion shall be locked off at the design lock -off load. Anchors which cannot be postgrouted or regroutable anchors that do not satisfy the enhanced creep criterion shall be either rejected or locked off at 50% of the maximum acceptable test load attained. In this event, no further acceptance criteria are applied. The maximum acceptable test load with respect to creep shall correspond to that where acceptable creep movements are measured over the final log cycle of time. 3. In the event that an anchor fails, the Contractor shall modify the design and/or construction procedures. These modifications may include, but are not limited to, installing additional anchors, modifying the installation methods, reducing the anchor design load by increasing the number of anchors, increasing the anchor length, or changing the anchor type. Any modification of design and or installation of additional anchors or modifications to construction procedures shall be at no additional cost to the City. A description of any proposed modifications must be submitted to the Engineer in writing. Proposed modifications shall not be implemented until the Contractor receives written approval from the Engineer. Anchor Lock -Off 1. Each anchor tendons shall be locked off at a load equal to 95 to 105 percent of the design load. 2. After testing has been completed, the load in the tendon shall be such that after seating losses (i.e., wedge seating), the specified lock -off load has been applied to the anchor tendon. 3. The wedges shall be seated at a minimum load of 50% FPU. If the lock -off load is less than 50% FPU, shims shall be used under the wedge plate and the wedges seated at January 2022 31 51 00 - 20 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR 50% FPU. The shims shall then be removed to reduce the load in the tendon to the desired lock -off load. Bar tendons may be locked off at any load less than 70% FPU. Anchor Lift -Off Test 1. After transferring the load to the anchorage, and prior to removing the jack, a lift-off test shall be conducted to confirm the magnitude of the load in the anchor tendon. This load is determined by reapplying load to the tendon to lift off the wedge plate (or anchor nut) without unseating the wedges (or turning the anchor nut). This moment represents zero time for any long time monitoring. END OF SECTION 31 51 00 January 2022 31 51 00 - 21 Tiebacks AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 33 05 10 MARINA PIPING AND EQUIPMENT SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. MARINA PIPING AND EQUIPMENT SYSTEMS consists of furnishing transportation, labor, materials, and equipment to relocate the dock potable water system(s), including piping, valves, hose bibbs, gangway piping, hose connections, or others and as necessary to complete the modifications to the bulkhead wall and floating dock. 1.2 RELATED SECTIONS A. Section 26 20 05 — Marina Electrical B. Section 35 51 35 — Floating Docks 1.3 REFERENCES A. American National Standards Institute (ANSI) B. American Society of Mechanical Engineers (ASME): ASME B16.3 Malleable -Iron Threaded Fittings, Classes 150 and 300 ASME B16.5 Pipe Flanges & Flanged Fittings ASME B16.9 Factory -Made Wrought Steel Buttwelding Fittings ASME B16.18 Cast Copper Alloy Solder Joint Pressure Fittings ASME B16.22 Wrought Copper and Copper Alloy Solder Joint Pressure Fittings ASME B16.24 Cast Copper Alloy Pipe Flanges and Flanged Fittings Class 150, 300, 400, 600, 900, 1500, and 2500 C. American Society for Testing and Materials (ASTM International) ASTM A53 Standard Specification for Pipe, Steel, Black and Hot -Dipped Zinc -Coated Welded and Seamless ASTM Al 05 Standard Specification for Carbon Steel Forgings for Piping Applications ASTM A183 Standard Specification for Carbon Steel Track Bolts and Nuts ASTM A234 Standard Specification for Piping Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and High Temperature Service ASTM B32 Standard Specification for Solder Metal ASTM B42 Standard Specification for Seamless Copper Pipe, Standard Sizes ASTM B88 Standard Specification for Seamless Copper Water Tube ASTM B584 Standard Specification for Copper Alloy Sand Castings for General Applications ASTM D1784 Standard Specification for Poly (Vinyl Chloride) PVC Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds ASTM D1785 Standard Specification for Polyvinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80, and 120 January 2022 33 05 10 - 1 Marina Piping and Equipment Systems AMERICAN LEGION BULKHEAD WALL REPAIR ASTM D2241 Standard Specifications for Polyvinyl Chloride (PVC) Pressure -Rated Pipe (SDR Series) ASTM D2467 Standard Specification for Polyvinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 80 ASTM D2564 Standard Specification for Solvent Cements for Polyvinyl Chloride (PVC) Plastic Piping System ASTM D3035 Standard Specification for Polyethylene (PE) Plastic Pipe (DR- PR) Based on Controlled Outside Diameter ASTM F714 Standard Specification for Polyethylene (PE) Plastic Pipe (SDR- PR) Based on Outside Diameter D. American Water Works Association (AWWA): AWWA C110 Ductile -Iron and Gray -Iron Fittings, 3in. through 48in. for Water and Other Liquids ASME/AWWA C151/A21.51 Ductile -Iron Pipe, Centrifugally Cast, for Water or Other Liquids ASME/AWWA C206 Field Welding of Steel Water Pipe AWWA C500 Metal -Seated Gate Valves for Water Supply Service AWWA C651 Disinfecting Water Mains AWWA M23 PVC Pipe - Design and Installation E. Factory Mutual (FM) F. Manufacturers Standardization Society of The Valve and Fittings Industry, Inc. (MSS): MSS SP-58 Pipe Hangers and Supports — Materials, Design and Manufacture MSS SP-69 Pipe Hangers and Supports — Selection and Application MSS SP-80 Bronze Gate, Globe, Angle and Check Valves G J MSS SP-110 Ball Valves Threaded, Socket -Welding, Solder Joint, Grooved and Flared Ends National Fire Protection Association (NFPA): NFPA 14 Installation of Standpipe and Hose Systems NFPA 303 Marinas and Boatyards Reference Specifications (RS) are the 2015Edition of the "Greenbook", Standard Specifications for Public Works Construction The Society for Protective Coatings (SSPC): SSPC-PS 12.00 Guide to Zinc Rich Coating Systems Underwriters Laboratories Incorporated (UL) 1.4 SUBMITTALS A. Provide manufacturer's data including but not limited to drawings, connection details, manuals, UL listings, FM approvals, disinfection reports, bacteriological reports, installation instructions and/or catalog cut sheets for the following: January 2022 33 05 10 - 2 Marina Piping and Equipment Systems AMERICAN LEGION BULKHEAD WALL REPAIR Pipe, fittings, and valves 2. Joints and couplings 3. Pipe hangers and supports 1.5 DELIVERY, STORAGE, AND HANDLING A. Inspect materials delivered to site for damage. Unload and store with minimum handling. Store materials on site in enclosures or under protective covering. Store plastic piping under cover out of direct sunlight. Do not store materials directly on the ground. Keep inside of pipes, fittings, and equipment free of dirt and debris. B. Pipes: Store pipe in stockpiles built on a flat base. 2. Keep rubber gaskets from excessive heat and free from oil and grease. C. Store fittings, cabinets, and valves on wooden platforms above ground. D. Handle pipe, fitting, valves, and other accessories in such manner as to ensure delivery to the docks and installation location in a sound undamaged condition. PART 2-PRODUCTS 2.1 WATER SYSTEMS MATERIALS A. The materials and equipment to be furnished under this Section shall be standard products of the manufacturer. Where two or more units of the same equipment are required, units shall be the product of a single manufacturer. Materials shall be delivered to the jobsite new and unused. All materials shall be weatherproof and suitable for a corrosive marine environment. No ferrous materials shall be used unless specified or indicated on the plans. B. Hangers, straps, brackets, fasteners, and appurtenances shall be type 316 stainless steel. Other hangers and supports shall be as required to maintain necessary support spacing. C. Potable Water Piping: Fittings, flanges, and appurtenances shall be compatible with the pipe furnished. Copper Tubing: a. ASTM B88, Type K with ASME B16.18 or ASME B16.22 solder joint fittings. Provide ASTM B42 copper pipe nipples with threaded end connections. Provide approved lead-free solder. b. Ball Valves shall be copper alloy with threaded ends. Ball Valves shall be full port have quarter turn lever handles and be rated for 600 psi. Ball valves shall comply with MSS SP-110, while check valves shall comply with MSS SP-80 and be rated for 300 psi. 2. Stainless Steel (SS) Piping: a. SS piping shall be Schedule 40, Type 316 Stainless Steel. 3. Polyvinyl Chloride (PVC) Piping: a. PVC piping shall be Schedule 80 Plain end, ASTM D1784 and ASTM D1785 pipe and ASTM D2467 Schedule 80 fittings with solvent weld joints. Solvent shall January 2022 33 05 10 - 3 Marina Piping and Equipment Systems AMERICAN LEGION BULKHEAD WALL REPAIR conform to ASTM D2564. Where threaded joints are noted, Schedule 80 pipe and fittings shall be used in conformance with ASTM D 2467. b. Shut off valves in dock potable water system shall be copper alloy ball valves as noted above in the "Potable Water Piping" Article above. C. Plastic pipe and fittings shall bear the seal of the National Sanitation Foundation for potable water service. 4. High Density Polyethylene (HDPE) Piping: a. HDPE piping shall be SDR-11, per ASTM D3035 and ASTM F714. b. Joints shall be butt fuse welded. 5. Flexible Hose: a. Flexible Hose and fitting materials shall be compatible with potable water and suitable for 24-hour contact with chlorine sterilization solution in the hose interior, and with seawater and sunlight on the hose exterior. b. Factory assembled lengths with 200 psi working pressure and marine stainless - steel couplings each end. PART 3 - EXECUTION 3.1 INSTALLATION A. Material and equipment shall be worked into a complete, convenient, and economical system or systems; all apparatus, parts, materials, and accessories which are necessary to accomplish this result shall be furnished and worked into place. Manufacturer's instructions, written or otherwise, shall be followed, unless superseded herein. B. Piping shall follow the general arrangement of existing piping. Provision for expansion and contraction of pipelines shall be made where necessary. Care shall be taken to avoid interference with other piping, conduit, or equipment. The location of piping to be run on gangways and docks shall be carefully coordinated with electrical conduits specified, other utility piping and equipment location. Before jointing and erection of piping, thoroughly clean interiors of pipe, and components. Maintain cleanliness by closure of pipe openings with caps or plugs. Before making final equipment connections, blow out each system with compressed air at 100 psig or more. C. Pipe, fittings, valves, and accessories will be carefully inspected by the Contractor before and after installation and those found defective shall be replaced. Remove fins and burrs from pipe and fittings. Before placing in position, clean pipe, fittings, valves, and accessories and maintain in a clean condition. Cut pipe accurately to measurements established at the site and work into place without springing or forcing. Replace by one of the proper dimensions any pipe or fitting that does not allow sufficient space for proper installation of jointing material. Provide proper facilities for positioning piping into installation location. Provide anchors and supports where necessary for fastening work into place. Make proper provision for expansion and contraction of piping. At the end of each day's work, close open ends of pipe temporarily until pipe is to be worked on. D. Solder End Valves: Remove stems and washers and other item subject to damage by heat during installation. Reassemble valve after soldering is completed. Valves without heat sensitive parts do not require disassembly but shall be opened at least two turns during soldering. January 2022 33 05 10 - 4 Marina Piping and Equipment Systems AMERICAN LEGION BULKHEAD WALL REPAIR 3.2 FIELD TESTS AND INSPECTIONS A. The potable water and firewater systems may be subjected to hydrostatic test. Each system may be tested as a unit or in sections, subject to approval by the Engineer. Prior to application of the test pressure, install a calibrated test pressure gage in each system to indicate any loss in pressure occurring during the test. Apply and maintain the test pressure in conformance with the agencies having jurisdiction, during which time there shall be no evidence of leakage as detected by a reduction in test pressure. Should a reduction occur, leaks shall be located, repaired, and the test repeated. Test pressure shall be determined by authority having jurisdiction. All equipment and apparatus required for the tests shall be furnished by the Contractor. B. The Engineer will conduct field inspections and witness field tests specified in this section. The Contractor shall perform field tests and provide labor, equipment, and incidentals required for testing, except that water and electric power needed for field tests will be furnished as set forth in the utility applicable section. Contractor shall be able to produce evidence, when required, that each item of work has been constructed in accordance with the Specifications. 3.3 STERILIZATION OF POTABLE WATER SYSTEMS A. Contractor shall sterilize potable water systems per City disinfection and flushing standards. END OF SECTION 33 05 10 January 2022 33 05 10 - 5 Marina Piping and Equipment Systems AMERICAN LEGION BULKHEAD WALL REPAIR SECTION 35 51 35 FLOATING DOCKS PART 1 - GENERAL 1.1 SUMMARY A. FLOATING DOCKS includes the furnishing of all labor, materials, tools, equipment and incidentals and the performing of all labor necessary to modify the timber floating dock system, including timber framing system, plastic floats, fasteners and connection hardware, pile guides, structural walers, fascia, and dock accessories as shown on the Drawings and as herein specified or directed by the City. Dock accessories shall include everything on the docks which are not to be considered a structural component of the dock system such as (bumpers, rubrail, etc.) B. The layout and functional dimensions of the floating dock system are indicated on the Drawings. All materials shall be compatible and suited for sustained use in the marine environment. 1.2 RELATED WORK A. Section 26 20 05 — Marina Electrical B. Section 33 05 10 — Marina Piping and Equipment Systems 1.3 REFERENCES A. References shall be the latest edition available as of the date of the invitation to bid unless otherwise specified. The following standards are hereby incorporated in this Specification to the extent referenced. The publications are referred to in the text by the basic designation only. B. Accessibility U.S. Department of Justice (DOJ) "ADA Standards for Accessible Design" C. American Institute of Timber Construction (AITC) AITC/ANSI 190.1 Standard for Structural Glued Laminated Timber D. American Lumber Standards Committee (ALSC) PS 20 American Softwood Lumber Standard E. American Society for Testing And Materials (ASTM) 1. ASTM A 36 Specification for Structural Steel 2. ASTM A 123 Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel products 3. ASTM A 153 Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware 4. ASTM A 307 Specification for Carbon Steel Bolts and Studs 60,000 psi Tensile Strength 5. ASTM A 449 Specification for Hex Cap Screws, Bolts and Studs, Steel, Heat Treated, 120/105/90 ksi Minimum Tensile Strength 6. ASTM D 638 Standard Test Method for Tensile Properties of Plastics 7. ASTM A 666 Specifications for Annealed or Cold -Worked Austenitic Stainless Steel Sheet, Strip, Plate and Flat Bar 8. ASTM A 780 Standard Practice for Repair of Damaged and Uncoated Areas of Hot - Dip Galvanized Coatings January 2022 3551 35-1 Floating Docks AMERICAN LEGION BULKHEAD WALL REPAIR 9. ASTM C 578 Standard Specification for Rigid, Cellular Polystyrene Thermal Insulation 10. ASTM D 420 Standard Specification for Ultra High Molecular Weight Polyethylene Molding and Extrusion Material 11. ASTM D 2559 Specification for Adhesives for Structural Laminated Wood Products for Use Under Exterior (Wet Use) Exposure Conditions 12. ASTM F 593 Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs 13. ASTM F 594 Specification for Stainless Steel Nuts American Welding Society (AWS) D 1.1 Structural Welding Code — Steel G. American Wood Preservers Association (AWPA) 1. AWPA C1 All Timber Products - Preservative Treatment by Pressure Processes 2. AWPA C2 Lumber, Timber, Bridge Ties and Mine Ties - Preservative Treatment by Pressure Processes 3. AWPA C18 Standard for Pressure Treated Material in Marine Construction 4. AWPA C28 Standard for Preservative Treatment of Structural Glued Laminated Members and Lamination before Gluing of Southern Pine, Coastal Douglas Fir, Hemfir and Western Hemlock by Pressure Processes 5. AWPA C33 Standard for Preservative Treatment of Structural Composite Lumber by Pressure Processes 6. AWPA M4 Standard for the Care of Preservative -Treated Wood Products 7. AWPA P5 Standard for Waterborne Preservatives H. Southern Pine Inspection Bureau (SPIB) SPIB Southern Pine Lumber Grading Rules Western Wood Products Association (WWPA) WWPA Western Lumber Grading Rules American Wood Council 1. NDS National Design Specifications for Wood Construction (2018) K. California Department of Boating and Waterways (DBW): 1. Layout and Design Guidelines for Marina Berthing Facilities, July 2005 2. Floating Docks shall comply with applicable sections of the California Department of Boating and Waterways, Layout Design and Construction Handbook for Small Craft Boat Launching Facilities, unless as otherwise noted in the plans and these specifications. City of Newport Beach: Waterfront Project Guidelines and Standards, 2021 Edition, Harbor Design Criteria Commercial & Residential Facilities M. Reference Specifications (RS) are the 2015 Edition of the "Greenbook", Standard Specifications for Public Works Construction: 1.4 CONTRACTOR'S QUALIFICATIONS A. The dock system shall be furnished by a firm having a minimum of ten (5) years experience in the manufacture and installation of floating dock systems. The dock system design being January 2022 3551 35 - 2 Floating Docks AMERICAN LEGION BULKHEAD WALL REPAIR proposed for this project shall have been successfully installed for a minimum of five (5) years at another location with similar environmental and operational conditions. 1.5 WARRANTY A. All dock system components including structural members and accessory items shall carry a warranty against defects in materials and workmanship for five (5) years from the date of project acceptance or the manufacturer's warranty whichever is less. If within the respective warranty periods any materials or their installation are found to be defective, the Contractor shall repair or replace the defective item to the satisfaction of the City and at no cost to the City. This warranty excludes coverage for damage caused by abuse, misuse or neglect, and improper maintenance unless the Contractor is obligated to provide warranty maintenance under the terms of the contract. 1.6 SUBMITTALS A. Product Data 1. Anchor bolts, tie rods, and associated hardware B. Prior to installation of the dock system components, submit certified test reports: 1. Timber and Timber Treatment 2. Float Module Materials 3. Foam Floatation 4. Foam Water Absorption 5. Fasteners 6. Structural Metal 7. Material Data Sheets C. Prior to ordering the dock system accessories, submit catalog cut sheets: 1. Bumper Strips and Corner Bumpers 1.7 DELIVERY, STORAGE, AND HANDLING A. Use all means necessary to protect materials before, during, and after delivery to the Work site, and to protect the installed work and materials of all other trades. Use extreme care in the off- loading of materials to prevent damage. B. Deliver the materials to the Work site and store, all in a safe area, out of the way of traffic, and shored up off the ground surface. C. Place identification numbers on all float modules (such they are not covered up after assembly) that conforms to the shop drawing numbering system. Also identify hardware and framing lumber and store separately from each other. Protect all metal products with adequate weatherproof outer wrappings. D. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost. 1.8 WORKMANSHIP A. All work shall conform to reviewed and approved shop drawings, the project drawings and this specification. Construction details, finishing details and colors of the completed floating dock system shall be consistent throughout. Deck shall be set to produce a smooth walking surface free of tripping hazards as determined by the City. Work shall be accurately set to the established locations on the drawings and securely fastened in place. Cutting, drilling and January 2022 3551 35 - 3 Floating Docks AMERICAN LEGION BULKHEAD WALL REPAIR punching shall produce clean true lines and surfaces. Exposed surfaces of work, except walking surfaces, shall have a smooth finish. 1.9 QUALITY CONTROL PROCEDURES A. Tests and inspections shall be performed by the Contractor using qualified individuals, engineering companies or testing laboratories which shall perform those special inspections specified herein and such other tests and inspections as the Engineer may require to establish the acceptability of the work. B. If a non-conformance is encountered, the Contractor shall notify the Engineer as soon as possible and recommend a change in materials or procedure to resolve the non-conformance for approval by the Engineer. PART 2-PRODUCTS 2.1 TIMBER MATERIALS A. All timber construction shall conform to the requirements of the NDS and American Institute of Timber Construction. B. Timber floating dock structural members: 1. Timber walers shall be fabricated from glue laminated (Glulam) engineered structural beams and shall conform to the requirements of ANSI/AITC A190.1. Walers shall be manufactured with Douglas Fir or Southern Yellow Pine laminating lumber in accordance with the stress class combination 24F-V8, or 24F-1.8E, in conformance with NDS stress ratings for glue laminated softwood timber. 2. All other structural lumber shall conform to S4S No. 1 or better, Douglas Fir in conformance with WWPA grading rules and there shall be no loose knots or other defects. C. Preservative Treatment: Treat wood to be used in contact with salt water or salt water splash in accordance with AWPA C2 (Material Subject to Marine Borer Exposure) with waterborne preservative AWPA P5, (ACZA - Ammoniacal Copper Zinc Arsenate) to (0.6 pcf) retention. For wood continuously immersed, treat in accordance with AWPA C1 and AWPA C18 as applicable, to (2.5 pcf) retention. For glue laminated engineered structural beams treat in accordance with AWPA C28 and AWPA C33 as applicable. The treater shall provide certification by an independent laboratory acceptable to the Engineer of material used and retention rate. Wood members shall be fabricated to length and drilled before treatment inasmuch as practicable according to the requirements of the NDS. Field working of treated lumber shall be held to a minimum. Field cutting and drilling shall require treatment of exposed surfaces in accordance with AWPA M-4. D. Design, fabrication and installation of wood construction materials shall conform to NFP specifications for wood construction. E. Comply with ASTM Standard D245-00 and with grading rules of lumber grading agencies certified by ALSC's Board of Review, AITC 108, and ANSI/AF&PA NDS 2012. 2.2 DECKING A. Decking material shall be structural lumber with grading similar to other dock system structural timber members, or as indicated on the drawings. 2.3 FLOATATION January 2022 3551 35 - 4 Floating Docks AMERICAN LEGION BULKHEAD WALL REPAIR A. Floatation foam shall be fully encapsulated inside all pontoons, even those that are considered to be watertight. Foam is to be new expanded polystyrene (EPS) with a density of 1 to 2 pounds per cubic foot and a compressive strength of 15 to 20 psi. B. Foam core for floats shall be a rigid block of closed cell expanded polystyrene. Properties of the foam shall conform to ASTM C 578, with maximum water absorption of 2% by volume as determined by ASTM C 272, Method C. The foam core shall not have more than 10 percent reground material, and reground foam pieces shall not exceed 3/8 inch diameter. C. Individual float modules shall be as manufactured by ACE Roto-Mold, or approved equal. 2.4 DOCK BUMPERS A. Dock Bumpers shall be extruded/molded from non -yellowing Marine Grade Vinyl Extra Weight Bumper Strip Item No. 03-10 as provided by Henderson Marine Supply, Seaport Marine or Dimex RR-5005, gray in color, or approved equal. The bumper strip shall be applied to edges of all walkways and slip fingers. B. Outside corners shall be protected with a Henderson Universal 10 inch Corner Bumper Item No. 03-06A as supplied by Henderson Marine Supply, Seaport Marine, Astro Nautics or approved equal, gray in color. C. Install all bumpers per manufacture's recommendation, using large headed non -staining aluminum or stainless steel nails. 2.5 WELDMENTS AND HARDWARE A. Structural steel shall conform to ASTM A 572 and be a minimum 1/4 inch thick. Design, fabrication and erection of structural steel shall conform to AISC Steel Construction Manual. Hot dip galvanize after fabrication in accordance with ASTM A 123. B. Standard bolts and nuts, including waler through -rods, shall conform to ASTM A 449, ASTM 325 and ASTM 307. Washers shall be used with all nuts and bolts and shall conform to ASTM A48. Round plate washers shall be used for bearing on wood; cut washers shall be used for bearing on steel. Secure all fasteners with helical spring type lock washers. Hot -dip galvanize all steel fasteners in accordance with ASTM A 153. C. Fasteners for dock accessories thru-bolted through the waler shall be hot -dipped galvanized, unless otherwise noted. 2.6 DOCK CLEATS A. Dock cleats shall be cast iron, hot dipped galvanized open base cleats Type 504H as supplied by Henderson Marine Supply, or approved equal. Cleat locations and sizes shall be as indicated on Drawings; attach cleats to the docks in accordance with the dock manufacturers' recommendation. PART 3 - EXECUTION 3.1 INSTALLATION A. Installation shall be in accordance with approved shop drawings with connections tightened as required after complete installation of each unit of the work in the water and before final inspection. January 2022 3551 35 - 5 Floating Docks AMERICAN LEGION BULKHEAD WALL REPAIR B. Timber construction, including cuts and bores, shall conform to the following 1. Cut timber with straight cuts to lengths indicated on Drawings. 2. Turn smooth side up for deck material. Place smooth face outward on Fendering and Stringers. 3. Bolt holes shall be countersunk. Field verify locations of bolt cutouts for thru-rods. C. Cutting: Avoid extra cutting after fabrication. Where field fitting is unavoidable, comply with requirements for shop fabrication. Errors in timber cutting or drilling shall cause timbers to be replaced with new at no cost to the Contracting Officer. No plugs or similar repairs will be allowed. D. Shop pre -drill for fasteners and shop pre -assembly and later field assembly of members as much as possible. E. All welding shall be performed under the supervision of properly certified welders and shall conform to the current specifications of the American Welding Society. F. Fasteners shall not protrude beyond the fascia into the berthing area. Fasteners protruding above the surface of the deck shall have a low, rounded profile. G. Bolts shall be of the size required, with adequate thread length. Holes for all lag bolts and screws shall be pre -drilled and turned into place. Driving is not allowed. H. Lumber shall be fabricated accurately to provide uniform gaps and butt joint connections. Lumber splices shall not exceed 1/2 inch between adjoining ends. All wafers, fascia, spacers, panels, or any other members, which are subject to foot traffic, shall be flush with the walking surface. 3.2 DOCK ACCESSORIES A. All dock accessories shall be installed in accordance with the Drawings, Specifications and the manufacturer's recommended method of installation. B. Schedule installation of dock accessories to avoid damage from other work. 3.3 DOCK SYSTEM TOLERANCES A. Install floating dock system to the planned dimensions within the tolerances shown on the drawings or specified herein. B. Lumber may be rejected by the City for excessive warp, split, checks, twist, bow, crook, mildew, fungus, or mold, as well as for improper cutting and fitting. C. Repair damaged surfaces and finishes after completing erection. Replace damaged timber if repairs are not approved by City, at no cost to the City. END OF SECTION 35 51 35 January 2022 3551 35-6 Floating Docks APPENDIX A GEOTECHNICAL MEMORANDUM FOR AMERICAN LEGION BULKHEAD REPAIR, NEWPORT BEACH, CALIFORNIA, DATED NOVEMBER 15, 2021 Earth Mechanics, Inc. Geotechnical & Earthquake Engineering TECHNICAL MEMORANDUM DATE: November 15, 2021 EMI PROJECT NO: 19-146 TO: Jerry Holcomb, P.E. / Moffatt & Nichol (M&N) Nick Weis, P.E. / M&N FROM: Amin Rahmani, Ph.D., P.E. / Earth Mechanics Inc, (EMI) Raj S. Varatharaj, G.E. / EMI Arul K. Arulmoli, Ph.D., G.E. / EMI SUBJECT: Geotechnical Memorandum for American Legion Bulkhead Repair, Newport Beach, California INTRODUCTION This memorandum summarizes our geotechnical recommendations for the repair of the existing marina sheet -pile bulkhead which provides lateral foundation support for the American Legion Yacht Club located in Newport Beach, California. All geotechnical evaluations presented in this memorandum are based on the available subsurface information from the past projects in the vicinity of the project site. Geotechnical services for this project are provided by Earth Mechanics, Inc. (EMI) under a subcontract with Moffatt & Nichol. PROJECT DESCRIPTION American Legion Yacht Club is located on Newport Harbor between 151h and 16th streets and north of West Balboa Boulevard in Newport Beach, California. Figure 1 shows the location of the site. Based on the drawing received from the designers, it is our understanding that the landside soil is retained by a concrete anchored sheet -pile bulkhead. The bulkhead is approximately 293 ft long and 16 ft deep extending from east to west. The alignment of the existing bulkhead is shown in Figure 2. As shown in the figure, the bulkhead is divided into four (4) sections, namely, Main Wall, Wall A, Wall B, and Groin Wall. The cross -sections of the bulkhead wall are presented in Appendix A. Per the available as -built drawings, Main Wall and Wall B of the bulkhead is laterally restrained by dead -man anchors. As we understand, the proposed repairs on the bulkhead includes installation of additional grouted tieback anchors in order to improve the bulkhead anchoring system. Per the project team directions, the bulkhead repairs do not need to be designed for any design earthquake event. 17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928 Geotechnical Memorandum for American Legion Bulkhead Repair, Newport Beach, California November 15, 2021 Page 2 SUBSURFACE CONDITIONS Subsurface data was obtained from the geotechnical report prepared by TerraCosta Consulting Group, Inc. dated September 6, 2013 (Terra Costa, 2013). The subsurface investigations performed by TerraCosta (2013) consisted of two (2) borings and six (6) Cone Penetration Test (CPT) soundings. It is to be noted that none of these site investigations were performed within the project site, but due to their sufficient proximity to the project site (see Figure 3), the data is used for this project to characterize the subsurface soils. The logs of the borings and the CPTs and their location are presented in Appendix B. Per the data available at the time of preparing this report, the subsurface generally consists of hydraulic fill from ground surface (El. +8 ft MLLW) down to El. -2 ft MLLW. The hydraulic fill consists of loose to medium dense silty sand (hydraulic fill) with 2 ft thick of interbedded medium stiff sandy silt and silt. The silty soils were encountered from approximate El. +2 ft MLLW to El. 0 ft MLLW. Medium dense sands (Bay Deposits) are encountered from El. -2 ft MLLW to El. - 17 ft MLLW underlain by very dense sand (Older Alluvial Deposits) down to the exploration depth. Table 1 presents the generalized soil parameters. Due to the close proximity to the ocean, the ground water table at the project site is directly related to tidal fluctuations. Per the database of National Oceanic and Atmospheric Administration (NOAA) for the project site (see Appendix C), mean high water (MHW) and mean low water (MLW) elevations are assumed to be at +4.68 ft and +0.92 ft MLLW, respectively. Differences in water levels between landside and waterside due to tidal lag can create an unbalanced hydrostatic pressure which must be accommodated by the existing bulkhead wall. Tidal lag was considered in evaluation of the bulkhead wall earth pressures following guidelines provided in Military Handbook - Seawalls, bulkheads and Quaywalls (1988). Per the Military Handbook, one- half of the tidal lag was used for static conditions. Groundwater level of +5 ft and +3 ft MLLW (the current sea level conditions) is recommended, respectively, for the landside and waterside of the existing bulkhead wall. Table 1.Idealized Soil Profile and Strength Parameters Approx. Total Static Parameters Elevation Predominant Soil Type UnitFriction Weight Cohesion , MLL (ftW) (lb/ft3) Angle (deg) (psf) Grade to +2 Loose to Medium Dense Silty Sand 120 30 100 (Hydraulic Fill) +2 to 0 Medium Stiff Silt and Sandy Silt 120 0 1,000- H draulic Fill 0 to -2 Loose to Medium Dense Silty Sand 120 30 100 (Hydraulic Fill) -2 to -22 Medium Dense Sand (Bay Deposits) 120 30 100 Below -22 Very Dense Sand (Older Alluvial Deposits) 120 38 100 a Cohesion of silts found from El. +2 to 0.0 was determined by correlation with CPT data. Earth Mechanics Inc. Geotechnical & Earthquake Engineering Geotechnical Memorandum for American Legion Bulkhead Repair, Newport Beach, California November 15, 2021 Page 3 BULKHEAD WALL RECOMMENDATIONS Earth Pressure Estimates The existing bulkhead wall earth pressures were evaluated for the current sea level conditions (El. +5 ft MLLW on the landside and +3 ft MLLW on the waterside). The lag in fall of the water level on the landside would create an unbalanced hydrostatic pressure. As discussed earlier in this memo, per the Military Handbook (1988), one-half of the tidal lag was taken into consideration, i.e., tidal lag of 2 ft which is about 125 psf unbalanced hydrostatic pressure induced to the wall in the direction towards the waterside. The earth pressure diagrams are presented in Figure 4. The bulkhead wall cross -sections shown in Appendix A were adopted for the evaluations. It is to be noted that the presented earth pressures are ultimate values and no factor of safety or load factor was applied to the earth pressures. Tie -backs The geotechnical capacity of the tie -back is a function of grouting technique, overburden pressure and the diameter of the grout within the bounded length that will be specified by Contractor. As a preliminary estimation, per the guidelines of PTI (2014) an ultimate bond strength of 10 psi is recommended. A factor of safety of 2.0 is also recommended to determine the allowable axial geotechnical capacity (pullout capacity) of the tie -backs. Per the project structural engineers, the demand on each tie -back is about 25 kips. Considering a drilled hole diameter of 6 inches, the bonded length of the tieback should be no less than 25 ft. Higher bound strength and/or larger diameter grout drilled hole may be used by the contractor to reduce the tie -back bonded length upon submission of a design package for the review of the geotechnical engineer of record. The design package should include the contractor's proposed construction means and methods that justify the use of higher bond strength and/or larger drilled hole diameter. Global stability of the bulkhead wall under static loading conditions was evaluated to determine the unbonded length of the tie backs. The evaluations were based upon limiting equilibrium of circular failure modes and sliding block failure modes using the Spencer's method (Spencer, 1967). The Spencer's method assumes the inter -slice forces to be constant and rigorously satisfies static equilibrium. The computer program SLIDE2 v9.008 (Rocscience, 2020) was adopted. Static soil parameters presented in Table 1 were used to characterize subsurface conditions. The analysis results are presented in Appendix D. Per the global stability analyses, the potential failure slip width measured from the bulkhead is roughly 15 ft. Therefore, the unbonded (free) length of the tie back is recommended to be no less than 15 ft. Drilling, tie -back installation and grouting are the contractor's responsibility. Care should be taken to avoid caving of the drill hole. Soil that may have sloughed into the holes should be removed prior to installation of the tie rods. A post -grout tube is recommended to install each tie -back. Earth Mechanics Inc. Geotechnical & Earthquake Engineering Geotechnical Memorandum for American Legion Bulkhead Repair, Newport Beach, California November 15, 2021 Page 4 The tie -backs should be load tested in the field in accordance with the criteria and test schedule outlined in the specifications to verify if the design loads can be carried without excessive movements, and the contractor's installation method and operations are adequate. The load tests should include performance and proof tests. As a minimum, two performance tests can be performed on production tie -backs installed at locations approved by the Engineer. All production tie -backs should be proof tested. Per PTI (2014), the test load should be at least 1.33 times the design demand. However, it should be noted that the tests will not take place during the predicted future sea level rise when there is less soil overburden pressure along the tie -backs. To this end, it is recommended to consider higher test loads for the performance and proof tests. A test load no less than 48 kips is recommended for both performance and proof tests. If subsurface conditions differ and/or the contractor's installation procedures change during the installation, additional testing may be required to evaluate the influence on the tie -back performance. The site is located in a marine environment, and therefore, the onsite soils are expected to be highly corrosive to bare metals. All structural elements in contact with in -situ soils and water should be designed to accommodate the corrosive nature of the site soil. Earthwork Recommendations It is our understanding that the existing grade will be excavated for about 2 ft deep to construct the new wall cap. Select material should be placed in loose lifts not extending 8 inches in thickness and compacted to 90 percent relative compaction based on maximum densities determined in accordance with ASTM D 1557. Care should be taken to avoid putting excessive lateral load to the existing bulkhead during compaction. It is recommended to use hand-held compaction equipment to compact the soils within 3 ft distance from the bulkhead. On -site materials with less than 25% fines content can be used as back fill. Earth Mechanics Inc. Geotechnical & Earthquake Engineering 0. 74, 11 Ito 't. AR -4 1 L-- ell _ ►' " f�.:'� r` • ,�, �� -i �" -4' '�' i 'fin"" Y 1 a rt�Li rrL'rn .r - • {rr'' �,�, a� i Q !!� ryY.L:� y `: i. 0 Earth uses CSUMB SFML, CA UPC j 1 mi LINE DEMOLITION PLAN Scare IArw-r PROTECT IN PLACE EXISTING BEACH W&M Af Earth Mechanics, Inc. American Legion Bulkhead Repair 'W Newport Beach, California Geotechnical and Earthquake Engineering Project No: 19-146 Date: 11-15-21 KEY NOTES: REMOVE AND SALVAGE FOR REINSTALLATION EXISTING O1 GANGWAY. O2 SAWCUT AND REMOVE 5' WIDE • 12" TALL x 12" DEEP SECTION OF BULKHEAD CAP AT GANGWAY CONNECTION. O3 REMOVE AND SALVAGE PORTION OF FLOATING DOCK TO FACIUTATE TIEBACK INSTALLATION. O4 PROTECT IN PLACE. OS POSSIBLE REMOVE AND REINSTALL NOTES: 1. IF TEMPORARY REMOVAL OF EXISTING FACILITIES ARE NEEDED, I CONTRACTOR SHALL COORDINATE WITH THE CITY AND ENGINEER. LEGEND: FLOATING DOCK - PROTECT IN PLACE C ®FLOATING DOCK - MAY BE REMOVED AND REINSTALLED ®EXISTING GANGWAY - REMOVE AND REINSTALL R 16'-0' 0'-0' 16'-r 32'-0' SCALE: 1 /16"=1'-O" Existing Marina Sheet -pile Bulkhead Alignment Figure 2 BULKHEAD WALL WALE PLAN AND SURVEY CONTROL BULL HORIZONTAL GEOMETRY TABLE: WALL CL NUMBER STATION NORTHING EASTING BEARING CHORD (FT) R (FT) L (FT) T (FT) DELTA L1 0+00.00 2169015.85 6052700.55 S79' 39' 20.21"E 191.57 L2 1+91.57 2168981.45 6052889.00 N39' 08' 11.41'E 19.59 L3 2+11.16 2168996.65 6052901.37 N27' 07' 00.49"E 5.74 L4 2+16.89 2169001.76 6052903.98 S89' 34' 55.39"E 11.81 2+28.70 2169001.67 6052915.79 C1 2+40.07 2169001.59 6052927.16 486' 39' 30.39"E 22.687 173.00 22.70 11.368 7' 31' 08" 2+51.41 2169002.99 6052938.44 2+51.41 2169002.99 6052938.44 C2 2+63.48 2169004.48 6052950.42 N73' 23' 00.71"E 23.805 7100 23.92 12.069 19' 01' 52, 2+75.32 2169009.80 6052961.25 2+75.32 2169009.80 6052961.25 C3 2+84.44 2169013.82 6052969.44 N60' 35' 50.68"E 18.212 159.61 18.22 9.121 6' 32' 28" Earth Mechanics, Inc. j Geotechnical and Earthquake Engineering NOTE: GEOTECHNICAL ENGINEER REVIEWED THE PROJECT PLANS FOR CONFORMANCE TO GEOTECHNICAL RECOMMENDATIONS ONLY, MADE BY: EARTH MECHANICS, INC. CIVIL AND STRUCTURAL CALCULATIONS, DIMENSIONS, AND OTHER DETAILS SHOWN ON THE PLANS WERE NOT REVIEWED BY THE GEOTECHNICAL ENGINEER. American Legion Bulkhead Repair Newport Beach, California Project No: 19-146 Date: 11-15-21 C NOTES: 1. EX. SHEET PILE WALL SHALL BE PROTECTED IN -PLACE. 2. CONTRACTOR SHALL VERIFY LOCATION OF EXISTING TIERODS AND UTILITIES AND PROTECT THEM IN -PLACE. 3. TIEBACKS #23 AND #24 SHALL BE PERFORMANCE TESTED PER SPECIFICATIONS. ALL OTHER ANCHORS SHALL BE PROOF TESTED PER SPECIFICATIONS. SURVEY CONTROL NOTES: 1. VERTICAL DATUM AND ELEVATIONS ARE BASED ON MEAN LOWER LOW WATER DATUM (MLLW). 2. BENCHMARK: 1E-122-14, ELEV. = 9.179' NAVD88 3. HORIZONTAL DATUM: NORTH AMERICAN DATUM OF 1963 (NAD83) (2017.50 EPOCH), CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS-83), ZONE 6 IN U.S. SURVEY FEET. 4. BEARINGS ARE BASED ON THE BEARING BETWEEN CALIFORNIA SPATIAL REFERENCE CENTER CONTINUOUS GPS STATIONS "FVPK" TO 'LGWD" BEING S80' 29' 35.6"E. KEY NOTES: O1 CONSTRUCT WALE AND TIE ROD SYSTEM PERe O2 CONSTRUCT BULKHREA CAP REPAIR AT GANGWAY CONNECTION PER O RECONNECT SALVAGED GANGWAY PER e SNi.9 R 16'-0' W-0" 16'-0" m'-O' SCALE: 1/16"=1'-O" C_7659-1 Proposed Improvements at the Project Site Figure 3 Too Wall +5 EI.+3' z — O Q +Q � EI. 2. LL' S)ope.1V.8H -5 -10 -15 q Sand to Silty Sand (Hydraulic Fill) c7 El.+G Sandy Silt (Hydraulic Fill) Sand to Siltv Sand (Hvdraulic Fill) Medium Dense Sand (Bay Deposits) Current Sea Level Conditions Grade 1,080psf FI +7' , 0.3q EI.+5' EI.+3' 123 psf =0.3 315 psf P0.3q E-1123 psf Static Active and Passive Pressures Surcharge Load (Live Load) Unbalanced Hydrostatic Pressure All Values are in Ibs/ftZ (Not to Scale) _+20 _+15 _+10 _ +5 z O _ +0 Q w w -5 - -10 - -15 -20 J L -20 NOTE: 1) Existing grade is assumed to be at El. +8.4ft MLLW. 2) Subsurface conditions are determined based upon the borings and CPT data available in TerraCosta Geotechnical Report, dated September 6, 2013. 3) Equivalent fluid pressure of 180 pcf can be used for estimation of soil passive pressure on the waterside. Note that the ground slope on the water side is assumed to be 1 H:8V. 4) The recommended pressures are ultimate values. 5) Per the database of National Oceanic and Atmospheric Administration (NOAA) for the project site, MHW and MLW elevations are assumed to be at +4.86ft and +0.92ft MLLW, respectively. Following Section 3.3.3 of the Military Handbook: Seawalls, Bulkheads, and Quaywalls, tidal lag is assumed to be one-half the mean tidal range. Bulkhead Wall Lateral Pressures Earth Mechanics, Inc. American Legion Bulkhead Wall Improvement Under Static Loading Conditions Geotechnical and Earthquake Engineering Project, Newport Beach, CA for the Current Sea Level Project No. 19-146 Date: 10-16-2020 Conditions Figure 4 Geotechnical Memorandum for American Legion Bulkhead Repair, Newport Beach, California November 15, 2021 Page 9 REFERENCES American Petroleum Institute (API), 2007, "Recommended Practice and Planning, Designing, and Constructing Fixed Offshore Platforms — Working Stress Design," API RP2A, Washington, D.C., December. American Association of State Highway and Transportation Officials (AASHTO), 2017, "LRFD Bridge; Design Specifications". American Society for Testing and Materials (ASTM), 2014, Annual Book of Standards, Soil and Rock, Vol. 04.08. California Building Code (CBC) 2019, "California Building Code," California Code of Regulations, Title 24, Part 2. Federal Highway Administration (FHWA), 2015, "Soil Nail Walls Reference Manual", Publication No. FHWA-NHI-14-007 FHWA GEC 007, February. Military Handbook, 1988, Seawalls, Bulkheads, and Quaywalls, MIL-HDBK-1025/4, September 30. Post -tensioning Institute (PTI), 2014, "Recommendations for Prestressed Rock and Soil Anchors", DC35.1-14, 5th Edition. Rocscience, 2020, "SLIDE2 2020 version 9.008 — 2D Limit Equilibrium Slope Stability Program," Toronto, Canada, url: httys://www.rocscience.com/software/slide2. Seed, R.B. and Harder, L.F., Jr., 1990, "SPT-Based Analysis of Cyclic Pore Pressure Generation and Undrained Residual Strength," in Proceedings, H. Bolton Seed Memorial Symposium, BiTech Publishers, Ltd., P. 351-376. Spencer, E., 1967, "A Method of Analysis of the Stability of Embankments Assuming Parallel Inter -slice Forces", Geotechnique, Vol. 17, 1967. Transportation Research Board (TRB), 2008, "Seismic Analysis and Design of Retaining Walls, Buried Structures, Slopes and Embankments," NCHRP Report 611, November. Earth Mechanics Inc. Geotechnical & Earthquake Engineering Geotechnical Memorandum for American Legion Bulkhead Repair, Newport Beach, California November 15, 2021 Page 10 LIMITATIONS This geotechnical memorandum is intended only for the use of Moffatt & Nichol and its design team for the evaluation of the existing bulkhead wall. This memorandum is based on the project as described and the information obtained from the current and available explorations. Earth Mechanics, Inc. (EMI) has no responsibility for errors and incompleteness of available documents and assumptions made by EMI due to these errors and incomplete information. In addition, soils and subsurface conditions encountered in the exploratory borings are presumed to be representative of the project site. However, subsurface conditions and characteristics of soils can vary. The findings reflect an interpretation of the direct evidence obtained and available from as -built drawings. Geotechnical engineering properties of subsurface materials are idealized for the design purposes only. These idealized parameters should not be used to design any structures or equipment needed during construction. EMI should be notified of any pertinent changes or new information in the as -built and proposed plans. Such changes or variations may require a re- evaluation of the recommendations contained in this memorandum. The data, opinions, and recommendations contained in this memorandum are applicable to the specific design element(s) and location(s) which is (are) the subject of this report. They have no applicability to any other design elements or to any other locations and any and all subsequent users accept any and all liability resulting from any use or reuse of the data, opinions, and recommendations without the prior written consent of EMI. EMI has no responsibility for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the construction, for the acts or omissions of the CONTRACTOR, or any other person performing any of the construction, or for the failure of any worker to carry out the construction in accordance with the Final Construction Drawings and Specifications. Services performed by EMI have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended. Earth Mechanics Inc. Geotechnical & Earthquake Engineering Appendix A Structural Cross -Sections of the Existing Bulkhead Wall Earth Mechanics Inc. Geotechnical & Earthquake Engineering ING [EXIST BEACH O O • EXISTING MARINA MAIN WALL NEW CAST —IN —PLACE O T CONCRETE CAP, TYP. EXISTIN GANGW \A�z �z a Q o w fu I Fill / W d AMERICAN LEGION YACHT CLUB LU v Q - \ fu m — LI:JIB CRANE AN E IST G EW DRILL—AND—GRO D z u FOUNDATION FLAG POLE TIE —BACK ANCHOR, TY o O -a fu EXISTING PAR IN L TC) Lu J Z3 nrn m CONCEPT PLAN z SCALE: 1 "=30' U 0) z EXISTING GROUND Q SURFACE NEW CONCRETE J 11� C w CAP Q CD w CONCEPT NOTES _ 10 Demolish Existing Concrete Cap. 17 2Q Install Drill —and —Grouted Tie —Back Anchors (23 Total) 30 Install New Steel Wale and Cast —in —Place Concrete Cap. EXISTING CONCRETE 4 O Install New Cast —in —Place Concrete Ca Only. p Y• NEW DRILL —AND —GROUTED SHEET PILES _ } Q5 Protect Existing In —Place TIE —BACK ANCHOR v AM o TYPICAL SECTION SCALE: 1 "=10' E PARKING LOT ELEV TW: +8.72' MLLW UNKNOWN DISPOSITION OF EX. TIES TO BE ABANDONED IN PLACE — PROPOSED TOP WALL: +10.8' MLLW DESIGN HIGH TIDE +10.8' MLLW w on DESIGN LOW TIDE —2.7' MLLW I TYPICAL SECTION SCALE: 1 "=5' 11 AMERICAN LEGION BULKHEAD REPAIR moffatt & nichol Figure - Typical Main Wall Section CLUBHOUSE BUILDING PROPOSED TOP WALL: +10.8' MLLW ELEV TW: +8.65' MLLW PATIO DESIGN HIGH TIDE +10.8' MLLW .4 1 IN 14.00' 0 N MIN DESIGN LOW TIDE —2.7' MLLW Uwe TYPICAL SECTION SCALE: 1 "=5' 11 AMERICAN LEGION BULKHEAD REPAIR moffatt & nichol Figure - Typical Wall A Section CLUBHOUSE BUILDING 14.00' MIN TIEBACK W/ANCHOR BLOCK AT APPROX. 11' O.C. PROPOSED TOP WALL: +10.8' MLLW ELEV TW: +8.71' MLLW DESIGN HIGH TIDE +10.8' MLLW N N DESIGN LOW TIDE —2.7' MLLW WOO TYPICAL SECTION SCALE: 1 "=5' 11 AMERICAN LEGION BULKHEAD REPAIR moffatt & nichol Figure - Typical Wall B Section ELEV TW: 7.42' MLLW BEACH PROPOSED TOP WALL: +10.8' MLLW DESIGN +10.8' HIGH TIDE MLLW DESIGN LOW TIDE —2.7' MLLW 4.5 5' TYPICAL SECTION SCALE: 1 "=5' 11 AMERICAN LEGION BULKHEAD REPAIR moffatt & nichol Figure - Groin Wall Beginning Section DESIGN HIGH TIDE +10.8' MLLW rl r\ / TEAL TYPICAL SECTION SCALE: 1 "=5' 11 AMERICAN LEGION BULKHEAD REPAIR moffatt & nichol Figure - Groin Wall End Section Appendix B Available Boring and CPT Data Earth Mechanics Inc. Geotechnical & Earthquake Engineering OPr-2 0 jt1 w, a4YAv& fi cPr-s.:� j, Cam-._ 'Y=`° � t �.^ .'. _ , jt ._._..,_Ii re �5 $�_'.A I'� ! i �u� �r�i!uinla�a;n�1.7L1s �.r;�•r '. als-.p_ �..La.f� ••4— f _ ` ..i. v `•�i'T'�--� r � f„�`ry� '� Z: .7"" �'¢'`r r -t _r,-.�_t_ r ,,,,�— '� �,� � _i, ° 1_ ' i�.� _�`I_L� `._ . ! �� . ��`_t�'.a.,.�-;-.�-r' ..... ' : [.� s a n i �'"^r'•.Y"".�� —�s--s � - � .— - ''" � ,-� n ss��r i m� ,: n u'�c y n � t : > a ., : e, �-s _n T at T( x pnij ----------------------- !K: aa,IA?affiff NEWPORT B] tACH n� .�A041� � e"izort rdk n 1� 1' f.WArION ch. a`boa 4 , �i _________ __________ }6 ____________________ _. ________ �e �-�--.w-�e• 3sal i 0 1000 2000 4000 V101AW YMAP ` FEET APPROX. SCALD 1 "-100, 7HOM4S GUID& ORANGEOWN7Y, PAGE 91"I g7F1 Base Map reproduced from City of Newport Beach Marina Park Master Plan. Base Photo taken from Google Earth image 2008. * APPROMAIAM SORIM 14"770W OPy}/-12 APPROMA" M OPr LOG4 r10N TERRACOSTA CONSULTING GROUP 1 ENOSEERS AND GEOLOGISTS 3820 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO. CA 92125 15551 575-5900 PROJECT NAME PROJECT NUMBER Ad M-- MARINA PARK 2573 BORING LOCATION MAP EGG TERRA COSTA Site: MARINA PARK Sounding: CPT-01 qt (tst) is Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 0 Iy I iI I 1 I 10 20 U 30 50 Engineer: B. SMILLE Date: 50 6(2006 07.10 5 BT 5 0 12 Sad Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 EGG TERRA COSTA Site: MARINA PARK Sounding: CPT-02 qt (tst) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 10 20 c� 30 50 5 Engineer: B. SM LLE Date: 50 6(2008 08:02 S BT 12 5ersaNe funegrirmd Said 4 Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 - TERFM COSTA Site: MARINA PARK Sounding: CPT-03 qt (tst) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 0 Il I 1 T I I 10 20 50 5 Engineer: B. 3MLLE Date: 50 6(2008 08:24 S BT ] 12 Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 --R- UGG TAR IaF'1 V OSTA Site: MARINA PARK Sounding: CPT-04 qt (tst) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 A 5 Engineer: B. SMLLE Date: &16(2008 08:56 S BT ] 12 smw SBT: Sail Behavior Type (Robertson 19901 EGGTERRA COSTA Site: MARINA PARK =GGm Sounding: CPT-05 qt (tst) is Ust) U (psi) Rf (%) 0 500 0 5 -5 25 A Engtmeer: B. SMILLE Date: 5116(2008 09:14 SBT 5 0 12 IINW SBT: Soil Behavior Type (Robertson 19901 EGG TERRA COSTA Site: MARINA PARK Sounding: CPT-06 qt (tst) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 10 20 U 30 50 5 Engineer: B. 5M1LLE Date: 50 6(2008 09:33 BT 12 Sand smw Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 EGG TERRA COSTA Site: MARINA PARK Sounding: CPT-07 qt (tst) is Ust) u (psi) Rf (%) 0 500 0 5 -5 25 A E n g ineer. B. SMILLE Date: 511612008 10:30 5 BT 12 SBT: Sail Behavior Type (Robertson 19901 - TERFM COSTA Site: MARINA PARK Sounding: CPT-08 qt (tsf) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 Engtmeer: B. SMILLE Date: 5116(2008 10:59 5 BT 5 1] 12 SBT: Sail Behavior Type (Robertson 19901 - TERFM COSTA Site: MARINA PARK Sounding: CPT-09 qt (tst) is Ust) u (psi) Rf (fib) 0 500 0 5 -5 25 0 10 20 30 40 50 Engtmeer: B. SMILLE Date: 5116(2008 11:22 Max. Depth: 30.020 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 - TERFM COSTA Site: MARINA PARK Sounding: CPT-10 qt (tsf) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 01 1 1 1 11 I I I 10 20 30 40 50 Engtmeer: B. SMILLE Date: 5116(2008 11:39 5 BT 5 0 12 Ear- s Ear: 5. z "r -3 : ."idLYd Max. Depth: 30.020 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 - TERFM COSTA Site: MARINA PARK Sounding: CPT-11 qt (tst) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 10 20 50 Engineer: B. SMLLE Date: 50 6(2008 12.10 5 BT 5 0 12 Sand Max. Depth: 47.080 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 --R- UGG TAR IaF'1 V OSTA Site: MARINA PARK Sounding: CPT-12 qt (tsf) fs Ust) u (psi) Rf (%) 0 500 0 5 -5 25 0 0 1 1 1I I 1 I 10 20 50 Engineer: B. SMLLE Date: 50 6(2006 12.31 5 BT 5 0 12 sand sxd & MRY Sand sad Max. Depth: 43.307 (ft) Avg- Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 U TERRA COSTA qt (tst) fs (tst) 0 500 0 5 0 Iy I I I 10 20 U 30 50 Site: MARINA PARK Sounding: CPT-01, Rf (%) Nsa (blows}tt) A5 0 100 Engineer: B. SMILLE Date: 60 6(2006 07:10 5 BT Sand & lift said sand & sy sand Sand Sad ■ Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 UGG TERRA COSTA qt (tsf) fs (tsf) 0 500 0 5 10 20 c� 30 50 Site: MARINA PARK Sounding: CPT-02 13 Rt (%) 5 0 Nsa (blows}ft)100 Engineer: B. SMLLE Date: 60 6(2008 08:02 S BT 12 `_and ' 5ersaNefinegrirmd Said 4 Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 0 10 20 50 Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) TERRA COSTA qt (tst) 500 0 Site: MARINA PARK Sounding: CPT-03 fs (tst) Rf (%) Nsa (blows}tt) 5 0 5 0 100 Engineer: B. SMLLE Date: 6I16(2008 08:24 S BT v=_'.7a Sky 3 i. �3 sawy sir, a vs:, e;a SBT: Sail Behavior Type (Robertson 19901 - . EGG TERRA COSTA qt (tsf) fs (tsf) 0 500 0 5 Site: MARINA PARK Sounding: CPT-04 Rf (%) Nsa (blows}ft) A5 0 100 Engineer: B. SMLLE Date: &16(2008 08:56 S BT smd SBT: Sail Behavior Type (Robertson 19901 U TERRA COSTA qt (tst) fs (tst) 0 500 0 5 0 ly I I I 10 20 U 30 50 Max. Depth: 33.957 (ft) Avg_ Interval: 0.329 (ft) Site: MARINA PARK Sounding: CPT-05 Rf (%) Nsa (blows}tt) A5 0 100 Engineer: B. SMILLE Date: 50 6(2006 09:14 5 BT saes sad&yea sd&ray ed Sard Sard SBT: Sail Behavior Type (Robertson 19901 11102EGG 2. TERRA COSTA qt (tst) fs (tst) 0 500 0 5 0 1 l I I I 10 20 U 30 50 Max. Depth: 50.033 (ft) Avg_ Interval: 0.329 (ft) Site: MARINA PARK Sounding: CPT-06 Rf (%) Nsa (blows}tt) A5 0 100 Engineer: B. SMILLE Date: 60 6(2006 09:33 5 BT spa: sma SBT: Sail Behavior Type (Robertson 19901 U TERRA COSTA qt (tst) 1s (tst) 0 500 0 5 0 Site: MARINA PARK Sounding: CPT-07 Rf (%) Bsa (blows}tt) 5 0 100 E n g ineer. B. SMILLE Date: 5116/2008 10:30 5 BT sarpd sand SBT: Sail Behavior Type (Robertson 19901 - TERRA COSTA qt (tst) 0 500 0 Site: MARINA PARK Engtmeer: B. SMILLE Sounding: CPT-08 Date: 6I16(2008 10:59 fs (tst) Rf (%) N60(61ows}tt) 5BT 5 0 5 0 100 5BT: Sail Behavior Type (Robertson 19901 .� TERRA COSTA 0 10 20 U 30 50 Max. Depth: 30.020 (ft) Avg_ Interval: 0.329 (ft) qt (tst) 500 0 Site: MARINA PARK Sounding: CPT-09 fs (tst) Rf (%) Nsa (blows}tt) 5 0 5 0 100 Engineer: B. SMILLE Date: 50 6(2006 11:U 5 BT spa: spa sayS" sma SBT: Sail Behavior Type (Robertson 19901 - TERRA COSTA qt (tsf) fs (tsf) 0 5131 0 5 10 20 50 Site: MARINA PARK Sounding: CPT-10 Rf (%) Nsa (blows}ft) A5 0 100 Engineer: B. SMILLE Date: 6I16(2008 11:39 BT _1 12 S" Max. Depth: 30.020 (ft) Avg_ Interval: 0.329 (ft) SBT: Sail Behavior Type (Robertson 19901 - TERRA COSTA qt (tst) 0 500 0 10 20 50 Max. Depth: 47.080 (ft) Avg_ Interval: 0.329 (ft) Site: MARINA PARK Engineer: B. SMILLE Sounding: CPT-11, Date: 6I16(2008 12:10 fs (tst) Rf (%) N60(bIows}tt) 5BT 5 0 5 0 100 0 12 $and Sand 5BT: Sail Behavior Type (Robertson 19901 EGG 12022. TERRA COSTA 0 10 20 50 Max. Depth: 43.307 (ft) Avg_ Interval: 0.329 (ft) qt {tst} 500 0 Site: MARINA PARK Engineer: B. SMILLE Sounding: CPT-12 Date: 5I16(2008 1:2:31 fs Usti Rf (%) Nc,*(bIows}tt) 5BT 5 0 5 0 100 0 12 swa sza&!&rS" Sand 5BT: Sail Behavior Type (Robertson 19901 LOG OF TEST BORING PROJECT NAME PROJECT NUMBER BORING MARINA PARK 2573 LEGEND SITE LOCATION START FINISH SHEET NO. Newport Beach, CA 5/16/2008 5/16/2008 1 of 2 DRILLING COMPANY DRILLING METHOD LOGGED BY CHECKED BY Greciq Drilling Hollow Stem Auger G. Spa DRILLING EQUIPMENT BORING DIA. (in) TOTAL DEPTH (ft) GROUND ELEV (ft) DEPTH/ELEV. GROUND WATER (ft Marl 135 8 40 1 n/a SAMPLING METHOD NOTES 140-lb hammer / 30-inch drop Lu o- O zw 9v w Z H Z HZLu a a a O wo Q o H w Q J DESCRIPTION AND CLASSIFICATION LU C/) J 0 O~ 0 C) J Q Q W �m o w W 0 KEY TO EXCAVATION LOGS WATER TABLE MEASURED AT TIME OF DRILLING OTHER TESTS CC Confined Compression PI Plasticity Index CL Chloride Content R Resistivity CS Consolidation RV R-Value 5 IDS Direct Shear SA Sieve Analysis El Expansion Index HD Hydrometer GS Grain Size Analysis SF Sulfate LC Laboratory Compaction SG Specific Gravity pH Hydrogen Ion SW Swell PENETRATION RESISTANCE (BLOWS/ft) Number of blows required to advance the sampler 1 foot. California Sampler blow counts can be converted to equivalent SPT blow counts by using an end -area conversion factor of 0.67 when using a 140-pound hammer and a 30-inch drop. 10 SAMPLE TYPE C 1 C("California Sampler"} An 18-inch-long, 2-1/2-inch I.D., 3-inch O.D., thick-walled sampler. The sampler is lined with eighteen 2-3/8-inch I.D. brass rings. Relatively undisturbed, intact soil samples are retained in the brass rings. S 2 S ("SPT")- a.k.a. Standard Penetration Test, an 18-inch-long, 2-inch O.D., 1-3/8-inch I.D. drive sampler. 3 B ("Bulk")- a.k.a. Bulk Sack Sample, a disturbed, but representative 15 sample obtained from a specific depth interval placed in a large plastic bag. 4 PB ("Plastic Bag")- A disturbed, but representative sample obtained P B from a specific depth interval placed in a small sealable plastic bag. (CONTINUED) TerraCosta Consulting Group, Inc. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF DRILLING. 7 SUBSURFACE CONDITIONS MAY DIFFER AT OTHER FIGURE A-1 a 4455 Murphy Canyon Road, Suite 100 LOCATIONS AND MAY CHANGE AT THIS LOCATION San Diego, California 92123 WITH THE PASSAGE OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. LOG OF TEST BORING PROJECT NAME PROJECT NUMBER BORING MARINA PARK 2573 LEGEND SITE LOCATION START FINISH SHEET NO. Newport Beach, CA 5/16/2008 5/16/2008 2 of 2 DRILLING COMPANY DRILLING METHOD LOGGED BY CHECKED BY Grecici Drilling Hollow Stem Auger G. Spa DRILLING EQUIPMENT BORING DIA. (in) TOTAL DEPTH (ft) GROUND ELEV (ft) DEPTH/ELEV. GROUND WATER (ft Marl 135 8 40 1 n/a SAMPLING METHOD NOTES 140-lb hammer / 30-inch drop Lu o- O Zw 9v w Z H Z HZLu a a a O wo Q o H w Q J DESCRIPTION AND CLASSIFICATION LU C/) J 0 O~ 0 C) J Q Q W �m a w W o KEY TO EXCAVATION LOGS (CONTINUED) NOTES ON FIELD INVESTIGATION Borings were advanced using a truck -mounted Marl B5 drill rig with an 8-inch hollow -stem auger. Standard Penetration Tests (SPT) and California Samplers were used to 25 obtain soil samples. The SPT and California Samplers were driven into the soil at the bottom of the borings with a 140-pound hammer falling 30 inches. When the samplers were withdrawn from the boring, the samples were removed, visually classified, sealed in plastic containers, and taken to the laboratory for detailed inspection. Free groundwater was encountered in the borings as shown on the logs. Classifications are based upon the Unified Soil Classification System and include color, moisture, and consistency. Field descriptions have been modified to reflect results of laboratory inspection where deemed appropriate. 30 35 TerraCosta Consulting Group, Inc. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF DRILLING. 7 SUBSURFACE CONDITIONS MAY DIFFER AT OTHER FIGURE A-1 b 4455 Murphy Canyon Road, Suite 100 LOCATIONS AND MAY CHANGE AT THIS LOCATION San Diego, California 92123 WITH THE PASSAGE OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. LOG OF TEST BORING PROJECT NAME PROJECT NUMBER BORING MARINA PARK 2573 B-1 SITE LOCATION START FINISH SHEET NO. Newport Beach, CA 1 5/16/2008 5/16/2008 1 of 2 DRILLING COMPANY DRILLING METHOD LOGGED BY CHECKED BY Greca Drilling Hollow Stem Auger G. Spaulding DRILLING EQUIPMENT BORING DIA. (in) TOTAL DEPTH (ft) GROUND ELEV (ft) DEPTH/ELEV. GROUNDWATER (ft Marl M5 8 31.5 i n/a SAMPLING METHOD NOTES 140-lb hammer / 30-inch drop v rL p Z Oc.)^ } > w _ Z Z W HZ� �� U Z � of Z� irV) Lu U =C� a Q W a F cn 0 w a �' H w Q O DESCRIPTION AND CLASSIFICATION W a- g WSJ 0 0� Ir o J Q Q W of 0 2 0 W (1) 0 HYDRAULIC FILL SAND to Silty SAND (SP/SAM)loose to medium dense, gray -brown, dry, with occasional shell fragments Becomes medium dense, moist 5 C1 25 SA 10 DEPOSITS CBAY 2 24 SA Medium SAND (SP/SM) medium dense, gray, wet, with shell fragments HD 15 C 3 18 SA HD TerraCosta Consulting Group, Inc. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF DRILLING. SUBSURFACE CONDITIONS MAY DIFFER AT OTHER FIGURE A-2 a 4455 Murphy Canyon Road, Suite 100 LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE OF TIME. THE DATA San Diego, California 92123 PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. LOG OF TEST BORING PROJECT NAME PROJECT NUMBER BORING MARINA PARK 2573 B-1 SITE LOCATION START FINISH SHEET NO. Newport Beach, CA 5/16/2008 5/16/2008 2 of 2 DRILLING COMPANY DRILLING METHOD LOGGED BY CHECKED BY Grecici Drilling Hollow Stem Auger G. Spa DRILLING EQUIPMENT BORING DIA. (in) TOTAL DEPTH (ft) GROUND ELEV (ft) DEPTH/ELEV. GROUND WATER (ft Marl M5 8 31.5 1 n/a SAMPLING METHOD NOTES 140-Ib hammer / 30-inch drop Lu o- O Zw 9v w Z H Z HZLu a a a O wo Q o H w 0-0 DESCRIPTION AND CLASSIFICATION LU U) J 0 O~ C) J Q Q W �m a w cn o C4 22 SA 25 S5 15 SA OLDER ALLUVIAL DEPOSITS Coarse SAND (SP-SM) medium dense, gray, wet 30 S6 37 Boring terminated at depth of 31.5 feet. Groundwater encountered at approximately 10 feet at time of excavation. 35 TerraCosta Consulting Group, Inc. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF DRILLING. 7 SUBSURFACE CONDITIONS MAY DIFFER AT OTHER FIGURE A-2 b 4455 Murphy Canyon Road, Suite 100 LOCATIONS AND MAY CHANGE AT THIS LOCATION San Diego, California 92123 WITH THE PASSAGE OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. LOG OF TEST BORING PROJECT NAME PROJECT NUMBER BORING MARINA PARK 2573 B-2 SITE LOCATION START FINISH SHEET NO. Newport Beach, CA 5/16/2008 5/16/2008 1 of 2 DRILLING COMPANY DRILLING METHOD LOGGED BY CHECKED BY Grecici Drilling Hollow Stem Auger G. Spa DRILLING EQUIPMENT BORING DIA. (in) TOTAL DEPTH (ft) GROUND ELEV (ft) DEPTH/ELEV. GROUND WATER (ft Marl 135 8 31.5 1 n/a SAMPLING METHOD NOTES 140-lb hammer / 30-inch drop Lu o- O Zw 9v w Z H Z HZLu a a a O wo Q o H w Q J DESCRIPTION AND CLASSIFICATION LU C/) J 0 O~ C) J Q Q W �m o w cn 0 HYDRAULIC FILL Medium SAND (SP-SM) loose to medium dense, gray -brown, damp to wet Becomes medium dense, moist 5 C1 7 SA - Becomes wet Becomes coarse with approximately 10 percent shell fragments 10 C 2 20 SA BAY DEPOSITS Medium SAND (SP-SM) medium dense, gray, et 15 C3 13 TerraCosta Consulting Group, Inc. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF DRILLING. 7 SUBSURFACE CONDITIONS MAY DIFFER AT OTHER FIGURE A-3 a 4455 Murphy Canyon Road, Suite 100 LOCATIONS AND MAY CHANGE AT THIS LOCATION San Diego, California 92123 WITH THE PASSAGE OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. LOG OF TEST BORING PROJECT NAME PROJECT NUMBER BORING MARINA PARK 2573 B-2 SITE LOCATION START FINISH SHEET NO. Newport Beach, CA 1 5/16/2008 5/16/2008 2 of 2 DRILLING COMPANY DRILLING METHOD LOGGED BY CHECKED BY Greaa Drilling Hollow Stem Auger G. Spaulding DRILLING EQUIPMENT BORING DIA. (in) TOTAL DEPTH (ft) GROUND ELEV (ft) DEPTH/ELEV. GROUNDWATER (ft Marl 135 8 31.5 i n/a SAMPLING METHOD NOTES 140-lb hammer / 30-inch drop v rL p Z Oc.)^ } > w _ Z Z W HZ� �� U Z � of Z� irV) Lu U =C� a Q W a F cn 0 w a �' H w Q O DESCRIPTION AND CLASSIFICATION W a- g WSJ 0 0� Ir J Q Q � w COW � S4 14 SA 25 S5 50/3" Sampler on rock OLDER ALLUVIAL DEPOSITS Coarse SAND (SP-SM) medium dense, red -brown, wet 30 S6 38 SA Boring terminated at depth of 31.5 feet. Groundwater encountered at depth of approximately 6.5 feet at time of excavation. 35 nC. TerraCosta Consulting Group, In C. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF DRILLING. SUBSURFACE CONDITIONS MAY DIFFER AT OTHER FIGURE A-3 b 4455 Murphy Canyon Road, Suite 100 LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE OF TIME. THE DATA San Diego, California 92123 PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. APPENDIX B LABORATORY TEST RESULTS rft varticle Size Distribution Report 1UU 90 80 70 r1r Z w 60 Z 50 LLJ Lli 40 n 411, 20 10 0 100 10 1 0.1 0.01 0.001 GRAIN SIZE - mm. % Gravel % Sand % Fines % +3=® Coarse Fine Coarse Medium i Fine Silt Clay 0.0 0.0 1 1.0 4.0 39.0 49.7 6.3 SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? (X=NO) 0.375" 100.0 #4 99.0 #10 95.0 920 81.0 #40 56.0 #100 20.0 #200 6.3 Material Description (Lab # 19844) PL= LL= Pl= D85= 0.9950 D60= 0.4701 D50= 0.3650 D30= 0.2109 D15= 0.1208 D10= 0.0930 Cu= 5.05 cc = 1.02 a s s i fil C, a t I on USCS= AASHTO= Remarks As received moisture content=15.9% (no specification provided) Sample Number: 131-1 Depth: 5' Date: 5/29/08 Client: TerraCosta Consulting Group, Inc. MACTEC, Inc. Project: #2573 Marina Park San Dieqo, California_ Project No: 5014-07-0012.25 Figure # 19844 Tested By: Valles/Stacy_ Checked By: Collins MAU$ pis M$.* Client- TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Project Number: 50,14-07-0012.25 Depth: 5' Sample Number: BI-I Material Description: (Lab#19844) Date: 5/29/08 Testing Remarks: As received moisture content= 15.9% Tested by: Valles/Stacy Checked by: Collins Sieve Test Data Sieve Opening Percent Size Finer 0.375" 100.0 #4 99.0 #10 95.0 #20 81.0 #40 56.0 #100 20.0 #200 6.3 Cobbles Gravel- Sand Fines I Coarse Fine Total Coarse Medium Fine Total Silt Clay Total 0.0 0.0 1.0 1.0 4.0 39.0 49.7 92.7 6.3 D10 D15 L D20 D30 D50 D60 D80 D85 1390 D95 0,0930 0.1208 0.1500 0.2109 0.3650 0.4701 0.8209 0.9950 1.2932 2.0000 Fineness Modulusc CuC 1.84 5.05 1.02 Particle a Distribution aa ze 0 O O O O ei' O 100 90 %:1 70 z 60 z 50 LLJ U t� U-1 40 0- 30 10 0 % Gravel % Sand % Fines +3„ Coarse Fine Coarse Medium Fine Silt Clay _ 0.0 -- - 0.0 0.0 1.0 18.0 78.2 1.8 1.0 SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? (X=N®) #4 100.0 # 10 99.0 #20 95.0 #40 81.0 #100 29.0 #200 2.8 i (no specification provided) Sample Number: 131-2 Depth: 10' MACTEC, Inc. Material Description (Lab #19845) •- • PL= LL= P1= D85= 0.4834 D60= 0.2643 D50= 0.2192 D30= 0.1528 D15= 0.1137 D1 p= 0.1008 Cu= 2.62 CC= 0.88 oseu�a®®eoocecav® USCS= SP AASHTO= Remarks As received moisture content=24.6% Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Proiect No: 5014-07-0012.25 Date: 5/29/08 • •i CheckedTested By: Valles Collins Aslllpit Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Project Number: 5014-07-001.2.25 Depth: 10° Sample Number: B 1-2 Material Description: (Lab #19845) Date: 5/29I08 USCS Classification: SP Testing Remarks: As received moisture content=24.6% Tested by: Valles Checked by: Collins Sieve Test Data Sieve Opening Percent Size Finer #4 100.0 # 10 99.0 #20 95.0 #40 81.0 # 100 29.0 #200 2.8 • #. Hydrometer test uses material passing #10 Percent passing #10 based upon complete sample = 99.0 Weight of hydrometer sample =1 16.88 Hygroscopic moisture correction: Moist weight and tare = 33.95 Dry weight and tare = 33.92 Tare weight = 20.67 Hygroscopic moisture = 0.2% Table of composite correction values: Temp., deg. C: 18.0 19.8 21.6 27.7 Comm corr.: -8.0 -7.0 -6.0 -5.0 Meniscus correction only = 0.0 Specific gravity of solids = 2.65 Hydrometer type = 1.52 Hydrometer effective depth equation: L = 16.294964 - 0.164 x Rm Elapsed Temp. Actual Corrected Time (min.) (deg. C.) Reading Reading 1.00 19.8 11.0 4.0 0.0137 2.00 19.8 10.0 3.0 0.0137 5.00 19.5 10.0 2.8 0.0137 15.00 19.7 9.0 1.9 0.0137 30.00 19.7 9.0 1.9 0.0127 60.00 19.8 9.0 2.0 0.0137 120.00 20.0 8.0 1.1 0.0136 250.00 20.2 8.0 1.2 0.0136 1440.00 19.6 8.0 0.9 0.0137 ff. Diameter Percent Rm Depth (mm.) Finer 11.0 14.5 0.0521 3.4 10.0 14.7 0.0370 2.5 10.0 14.7 0.0235 2.4 9.0 14.8 0.0136 1.7 9.0 14.8 0.0096 1.7 9.0 14.8 0.0068 1.7 8.0 15.0 0.0048 0.9 8.0 15.0 0.0033 1.0 8.0 15.0 0.0014 0.8 Gravel an Fines Cobbles Coarse Fine Total Coarse Medium Fine Total Silt Clay Total 0.0 0.0 0.0 0.0 1.0 IKO 78.2 97.2 1.8 1.0 2.8 D jO D15 13�,:) o D3 0 D50 D60 D80 D85 D9O D95 0.1008 0.1137 0.1264 0.1528 0.2192 0.2643 0.4130 0.4834 0.5980 0.8500 Fineness Modulus Cu Co 1.18 2.62 0.88 Particle Size Distribution Report C C O 0 G C. C r 100 90 6M 70 D� W 60 Z Lt- 50 W U Lll 40 CL SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? (X=NO) 0.375" 100.0 #4 99.0 #10 98.0 #20 91.0 440 64.0 #100 12.0 #200 0.8 I i I (no specification provided) Sample Number: 131-3 Depth: 15' MACTEC, Inc. Material Description (Lab # 19846) A_ titterer Limits PL= NV LL= Coefficients D85= 0.6900 D80= 0.3937 D30= 0.2267 D15= 0.1631 Cu= 2.80 Cc= 0.93 tnc co®�®®on�eww �+ IQm"aII ILQC14911 USCS= SP AASHTO= Remarks As received moisture content=19.7% Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Proiect No: 5014-07-0012.25 Pl= NP D50= 0.3276 D10= 0.1408 •� Tested By: i By: Collins Bent: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Project Number: 5014-07-0012.25 Depth: 15' Sample Number: B1-3 Material Description: (Lab #19846) Date: 5/29/08 PL: NV PI: NP USCS Classification: SP Testing Remarks: As received moisture content=1.9.7% Tested by: Valles Checked by: Collins Sieve Test Data Sieve Opening Percent Size Finer 0.375" 100.0 #4 99.0 #10 98.0 #20 91.0 #40 64.0 #100 12.0 #200 0.8 Hydrometer Test Data Hydrometer test uses material passing # 10 Percent passing #10 based upon complete sample = 98.0 Weight of hydrometer sample=117.61 Hygroscopic moisture correction: Moist weight and tare = 33.08 Dry weight and tare = 33.04 Tare weight = 20.68 Hygroscopic moisture = 0.3% Table of composite correction values: Temp., deg. C: 18.0 19.8 21.6 27.7 Comp. corr.: -8.0 -7.0 -6.0 -5.0 Meniscus correction only = 0.0 Specific gravity of solids = 2.65 Hydrometer type = 152H Hydrometer effective depth equation: L = 16.294964 - 0.164 x Rm Elapsed Temp. Actual Corrected Time (min.) (deg. C.) Reading Reading 1.00 19.9 8.0 1.1 0.0137 2.00 19.9 8.0 1.1 0.0137 5.00 19.8 8.0 1.0 0.0137 1s.nn 1o.7 1 JVV lJ! Qn V.V na V.J n.ni-z� VV1J/ 30.00 19.8 8.0 1.0 0.0137 60.00 19.8 8.0 1.0 0.0137 120.00 20.0 7.5 0.6 0.0136 250.00 20.3 7.5 0.8 0.0136 1440.00 19.6 7.5 0.4 0.0137 ff. Diameter Percent Rm Depth (mm.) Finer 8.0 15.0 0.0529 0.9 8.0 15.0 0.0374 0.9 8.0 15.0 0.0237 0.8 8.0 15.0 0.0137 0.8 8.0 15.0 0.0097 0.8 8.0 15.0 0.0068 0.8 7.5 15.1 0.0048 0.5 7.5 15.1 0.0033 0.7 7.5 15.1 0.0014 0.3 ravel Sand Fines Cobbles Coarse Fine Total Coarse MediumFine Total Silt lay `total 0.0 0.0 1.0 1.0 1.0 34.0 63.2 98.2 0.3 0.5 0.8 10 D15 D20 D30 D50 D60 D80 D85 D90 D95 0.1408 0.1631 0.1841 0.2267 0.3276 0.3937 0.6023 0.6900 0.8160 1.0624 Fineness ModulusCu Co 1.70 2.80 0.93 100 90 80 70 Of LLJ 60 LL 50 W 0 W 40 0- tit 20 10 0 Particle m Distribution ®m ze C C G CD G7 C� C C _ C .Lz .0 O C_7 CD C; O 0 �Y C7 100 10 1 0.1 (,RAIN R17F - mm 0.01 0.001 ° ravel O °/® San %Fines % ¢3" Coarse j Fine Coarse Mediums Fine Silt Clay 0.0 0.0 0.0 1.0 36.0 59.0 4.0 SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? (X=NO) #4 100.0 # 10 99.0 #20 93.0 #40 63.0 #100 14.0 #200 4.0 I I I (no specification provided) Sample Number: B1-4 Depth: 20' MACTEC, Inc. San Dleao. California Material Description (Lab #19847) PL= NV LL= P1= NP D85= 0.6693 D60= 0.4020 D50= 0.3346 D30= 0.2270 D1 5= 0.1552 D1 6= 0.1266 CCU= 3.18 cc= 1.01 Classification USCS= SP AASHTO= Remarks As received moisture content=20.0% Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Proiect No: 5014-07-0012.25 EIRIM11111 1111=12 MA Client: TerraCosta Consulting Group, Inc. Project: 92573 Marina Park Project (Number: 5014-07-0012.25 Depth: 20° Sample umber: >31-4 MaterialDescription: (Lab #19847) ®ate: 5I29/08 PL: NV Pl: NP USCS Classification: SP Testing Remarks: As received moisture content=20.0% Sieve Test Data Sieve Opening Percent Size Finer #4 100.0 # 10 99.0 #20 93.0 #40 63.0 # 100 14.0 #200 4.0 Fractional Components Gravel Sand Fines Cobbles Coarse ----- Fine Total Coarse _ Medium Fine Total Silt Clay Total 0.0 0.0 0.0 0.0 1.0 36.0 59.0 96.0 j 4.0 10 ®15 D20 30 50 60 80 85 90 95 0.1266 0.1552 0.1797 1 0.2270 0.3346 0.4020 0.5956 0.6693 0.7674 1.0568 Fineness Modulus Cu Cc 1.66 3.18 1.01 100 90 80 70 Of Z 60 z 50 w 0 CL w 40 d_ 30 20 10 Particle ® Distribution ae ze O O O O O O O O n O C,'RAIN .1;17F - mm_ % Gravel % Sand % Fines % +3.� Coarse Fine Coarse Medium Fine Silt Clay 0.0 0.0 5.0 5.0 40.0 48.0 2.0 SIEVE SIZE PERCENT FINER SPEC.* PERCENT j PASS? (X=NO) 0.5" 100.0 0.375" 97.0 #4 95.0 # 10 90.0 #20 79.0 #40 50.0 #100 9.0 #200 2.0 i_ (no specification provided) Sample Number: 131-5 Depth: 25' MACTEC, Inc. San Diew, California Tested : _ Sancha/Stacy __ Material Description SP (Lab # 19848) PL= NV LL= Pl= NP W6 . • ORM D85= 1.1243 D60= 0.5239 D50= 0.4250 D30= 0.2771 D1 5= 0.1.874 D1 0= 0.1567 Cu= 3.34 CC= 0.94 Classification USCS= SP AASHTO= Remarks As reveived moisture content=18.5`% Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Project o: 5014-07-0012.25 Checked : Collins Client: TerraCosta Consulting Croup, Inc. Project: #2573 Marina Park Project Number: 5014-07-0012.25 Depth: 25' Sample Number: B1-5 MaterialDescription: SP (Lab #19848) Date: 5/29/08 PL: NV PI: NP USCS Classification: SP Testing Remarks: As reveived moisture content=18.5% Tested by: Sancha/Stacy Checked by: Collins Sieve Pest Data Sieve Opening Percent Size Finer 0.5" 100.0 0.375" 97.0 #4 95.0 # 10 90.0 #20 79.0 #40 50.0 #100 9.0 #200 2.0 ravel Sand Fines Cobbles Coarse Fine Total Coarse Medium Fine Total Silt Clay Total 0.0 0.0 5.0 5.0 5.0 40.0 48.0 93.0 2.0 10 D15 D20 D30 D50 D60 D80 D85 D90 D95 0.1567 0.1874 0.2166 0.2771 0.4250 0.5239 0.8814 1.1243 2.0000 4.7500 Fineness Modulus Cu Cc 2.23 3.34 0.94 100 90 80 70 W 60 Z z 50 W 0 Q'_ w 40 n 20 10 0 Particle Distribution 0 0 0 a 0 0 0 0 0 0 100 10 1 0.1 (;RAIN gl7F - mm 0.01 0.001 % Gravel % Sand %Fines +3„ %Coarse Fine Coarse ( Medium Fine Silt Clay 0.0 0.0 11.0 7.0 45.0 32.1 4.9 SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? {X=No} 0.75" 100.0 0.5°' 96.0 0.375" 95.0 #4 89.0 #10 82.0 #20 64.0 #40 37.0 #100 12.0 #200 4.9 Material Description SP (Lab #19849) PL= NV LL= P1= NP D85= 2.7828 D60= 0.7598 D50= 0.5902 D30= 0.3453 D15= 0.1824 D10= 0.1281 Cu= 5.93 CC= 1.23 % 'lass ifIcation USCS= SP AASHT®= Remarks As received moisture content= 11. 1% (no specification provided) Sample Number: 132-1 Depth: 5' Date: 5/30/08 MACTEC, Inc. Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park San _�ie® ° LP oject o: 5014-07-0012.25 Figure #1984_9 Tested y: Valles/Stacy __Checked By: Collins ".11 "WITIF-I Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Project Number: 5014-07-0012.25 Depth: 5' Sample Number: 132-1 Material Description: SP (Lab #19849) Date: 5/30/08 PL.: NV PI: NP USCS Classification: SP Testing Remarks: As received moisture content= 11. 1 % Tested by: Valles/Stacy Checked by: Collins Sieve Test Data Sieve Opening Percent Size Finer 0.7511 100.0 0.511 96,0 0.37511 95.0 #4 89.0 #10 82.0 #20 64.0 #40 37.0 #100 12.0 #200 4.9 Gravel Sand Fines Cobbles Coarse Fine Total Coarse Medium Fine Total Silt Clay Total 0.0 0.0 11.0 11.0 7.0 45.0 32.1 84.1 4.9 D10 D15 D20 I D30 D50 D60 D80 7 D85 D90 D95 0.1281 0.1824 0.2360 0.3453 0.5902 0.7598 1.7060 � 2.7828 5.2834 9.5250 Fineness CuCC Modulus 2.71 5.93 1.23 L��[ SIEVE SIZE PERCENT FINER SPEC.` PERCENT PASS? (=NO) 0.375" 100.0 #4 99.0 # 10 89.0 #20 59.0 #40 20.0 #100 3.0 #200 0.5 I � (no specification provided) Sample Number: B2-2 Depth: 10-1 F MACTECa San Diew. California Material Description SP (Lab #19850) .- • PL= NV LL= P1= NP D85= 1.6791 D60= 0.8662 D50= 0.7255 D30= 0.5181 D1 5= 0.3737 D1 0= 0.3133 Cu= 2.77 cc= 0.99 classiffiCation USCS= SP AASHT®= Remarks As received moisture content=19.0% Client: TerraCosta Consulting Croup, Inc. Project: #2573 Marina Paris roiect o: 5014-07-0012.25 r • • By:Collins "K 1•. Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Project Number: 5014-07-0012.25 Depth- 10-1 V Sample Number: 132-2 Material Description: SP (Lab #19850) ®ate: 5/29/08 PL: NV Pl: NP USCS Classification: SP Testing Remarks: As received moisture content=19.0% Tested by: Sancha/Stacy Checked by: Collins Sieve Test Data Sieve Opening Percent Size Finer 0.375" 100.0 #4 99.0 #10 89.0 #20 59.0 #40 20.0 #100 3.0 #200 0.5 Fractional nents Gravel Sand Fines Cobbles Coarse Fine Total Coarse Mediums Fine Total Silt --r----------- Clay - Total 0.0 0.0 1.0 1.0 10.0 69.0 19.5 98.5 0.5 10 D15 D20 D30 D50 D60 D80 D85 D90 D95 0.3133 0.3737 0.4250 0.5181 0.7255 0.8662 1.4066 1.6791 2.1030 2.8913 Fineness Modulus Cu Cc 2.84 2.77 0.99 100 90 80 70 W 60 Z W Z 50 u.1 �i w 40 a- 30 20 10 0 • - CO ticle Size Distribution Report 100 10 1 0.1 0.01 0.001 GRAIN SIZE - mm. % Gravel % Sand % Fines % +3" Coarse l Fine Coarse Medium Fine Silt Clay 0.0 0.0 �� 2.0 I 9.0 ' 59.0 1 28.6 1.4 SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? (X=N®) 0.75" 100.0 0.5" 99.0 0.375" 99.0 #4 98.0 #10 89.0 #20 68.0 i #40 30.0 #100 5.0 #200 1.4 I Material Description SP (Lab #19851) PL= NV LL= Pl= NP 51 �,.. D85= 1.5276 D60= 0.7253 D50= 0.6087 D30= 0.4250 D15= 0.2827 D10= 0.2250 Cu= 3.22 Cc= 1.11 Class icati01ee USCS= SP AASHT®= Remarks As received moisture content=16.6% (no specification provided) Sample Number: 132-4 Depth: 20' Date: 5/29/08 --.7 MACTEC, Inc. Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park California_L San Die o Project o: 5014-07-0012.25 F4ure #19851 Tested By: Stacy/Valles Checked By: Collins Client: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park Project Number: 5014-07-0012.25 Depth: 20' Sample Number: 1324 Material Description: SP (Lab# 1985 1) Date: 5/29/08 PL: NV Pl: NP USCS Classification: SP Testing Remarks: As received moisture content=16.6% Tested by: Stacy/Valles Checked by: Collins Sieve Test Data Sieve Opening Percent Size Finer 0.75" 100.0 0.5" 99.0 0.37511 99.0 #4 98.0 #10 89.0 #20 68.0 #40 30.0 #100 5.0 #200 1.4 Gravel i Sand Cobbles Coarse Fine Total --- Coarse Medium Fine Total -Fines Silt Clay Total 0.0 0.0 2.0 2.0 9.0 59.0 28.6 96.6 1.4 D10 D15 D20 D30 D50 D60 D80 D85 D90 D95 0.2250 0.2827 0.3334 0.4250 0.6087 0.7253 1.2022 1 1.5276 2.1549 3.2640 Fineness Modulus Cu cc 2.61 3.22 1.11 100 90 80 70 Dz z 60 u� 50 W CJ W 40 C_ off, 20 10 0 Particle Size Distribution Report C . C O C> 0 O CG CD O G C? 4_ 0 c0 M it i I I 77-1 _77i � r�� III I 100 10 1 0.1 (',RAINI gl7F - mm 0.01 0.001 % Gravel % Sand %Fines +3„ Coarse 1 Fine Coarse Medium � Fine Silt � Clay 0.0 0.0 0.0 2.0 51.0 44.8 2.2 SIEVE SIZE PERCENT FINER SPEC.* PERCENT PASS? (X=N®) #4 100.0 # 10 98.0 #20 90.0 940 47.0 #100 5.0 #200 2.2 i i i Material Description SP (Lab #19852) PL= NV LL= P1= NP ArGY-3f Dg5= 0.7628 D60= 0.5147 D50= 0.4448 D30= 0.3171 D15= 0.2237 D10= 0.1901 Cu= 2.71 Cc= 1.03 Cflassification USCS= SP AASHTO= Barks As received moisture content=19.8% (no specification provided) Sample Number: 132-6 Depth: 30' Date: 5/29/08 MACTEC, Inc. Bent: TerraCosta Consulting Group, Inc. Project: #2573 Marina Park San Diego, California 11 Project No: 5014-07-0012.25 Figure #19852 Tested : Stacy/Sancha --Checked : Collins Client: TerraCosta Consulting Group, Inc. Project.- 42573 Marina Park Project Number: 5014-07-0012.25 Depth: 30' Sample Number: 132-6 Material Description: SP (Lab#] 9852) Date- 5/29/08 PL: NV Pla NP USCS Classification: SP Testing Remarks: As received moisture content= 19.8% Tested by: Stacy/Sancha Checked by: Collins Sieve Test Data Sieve Opening Percent Size Finer #4 100.0 #10 98.0 #20 90.0 #40 47.0 #100 5.0 #200 2.2 Gravel Sand Fines----- Cobbles Coarse Fine Total Coarse Medium Fine Total Silt I Clay Total 0.0 0.0 0.0 0.0 2.0 51.0 44.8 97.8 2.2 1310 D15 D20 D30 D50 D60 D80 D85 D90 D 9 0.1901 0.2237 0.2553 0.3171 0.4448 0.5147 0.6970 0.7628 0.8500 1.3398 Fineness C C Modulus u c 2.05 2.71 1.03 Appendix C Variation of the Tidal Elevations per NOAA database Earth Mechanics Inc. Geotechnical & Earthquake Engineering TIE 6.Vj (https://www.noaa.gov/) (/index.html) NOAA is monitoring water levels and winds for Potential Tropical Cyclone Sixteen X (https://tidesandcurrents.noaa.gov/inundationdb/storm/Sixteen.htmi). Click to view real-time water level and meteorological data. Home (/) / Products (products.html) / Datums (stations.html?type=Datums) / 9410580 NEWPORT BEACH, NEWPORT BAY ENTRANCE, CA Favorite Stations Station Info Tides/Water Levels Meteorological Obs. Phys. Oceanography Datums for 9410580, NEWPORT BEACH, NEWPORT BAY ENTRANCE CA NOTICE: All data values are relative to the MLLW. Elevations on Mean Lower Low Water Station: 9410580, NEWPORT BEACH, NEWPORT BAY ENTRANCE, CA Status: Accepted (Apr 17 2003) Units: Feet Control Station: 9410660 Los Angeles, CA T.M.: 120 Epoch: (/datum_options.html#NTDE) 1983-2001 Datum: MLLW Datum Value MHHW (/datum_options.html#MHHW) 5.41 MHW (/datum_options.html#MHW) 4.68 MTL (/datum_options.html#MTL) 2.80 MSL (/datum_options.html#MSL) 2.78 DTL (/datum_options.html#DTL) 2.71 MLW (/datum_options.html#MLW) 0.92 MLLW (/datum_options.html#MLLW) 0.00 NAVD88 (/datum_options.html) 0.18 STND (/datum_options.html#STND) -3.33 Description Mean Higher -High Water Mean High Water Mean Tide Level Mean Sea Level Mean Diurnal Tide Level Mean Low Water Mean Lower -Low Water North American Vertical Datum of 1988 Station Datum A Datum Value GT (/datum_options.html#GT) 5.41 MN (/datum_options.html#MN) 3.76 DHQ (/datum_options.html#DHQ) 0.74 DLQ (/datum_options.html#DLQ) 0.92 HWI (/datum_options.html#HWI) 5.08 LWI (/datum_options.html#LWI) 11.15 Max Tide (/datum_options.html#MAXTIDE) 7.67 Max Tide Date & Time 01/28/1983 (/datum_options.html#MAXTIDEDT) 08:06 Min Tide (/datum_options.html#MINTIDE) -2.35 Min Tide Date & Time (/datum_options.html#MINTIDEDT) 01/20/1988 16:30 HAT (/datum_options.html#HAT) 7.18 HAT Date & Time 12/02/1990 16:06 LAT (/datum_options.html#LAT) -1.92 LAT Date & Time 01/01/1987 00:00 Tidal Datum Analysis Periods 01/01/1980 - 12/31/1993 Description Great Diurnal Range Mean Range of Tide Mean Diurnal High Water Inequality Mean Diurnal Low Water Inequality Greenwich High Water Interval (in hours) Greenwich Low Water Interval (in hours) Highest Observed Tide Highest Observed Tide Date & Time Lowest Observed Tide Lowest Observed Tide Date & Time Highest Astronomical Tide HAT Date and Time Lowest Astronomical Tide LAT Date and Time To refer water level heights to NAVD88 (North American Vertical Datum of 1988), apply the values located at National Geodetic Survey (http://www.ngs.noaa.gov/Tidal_Elevation/diagram.xhtml?PID=DX1968&EPOCH=1983-2001). A Datums for 9410580, NEWPORT BEACH, NEWPORT BAY ENTRANCE, CA All figures in feet relative to MLLW MSL: 2.7f Showing datums for 9410580 NEWPORT BEACH... Datum MLLW • Data Units Feet Meters Epoch Present (1983-2001) Superseded (1960-1978) Submit Show nearby stations A Products available at 9410580 NEWPORT BEACH, NEWPORT BAY ENTRANCE, CA TIDES/WATER LEVELS Water Levels NOAA Tide Predictions (/noaatidepredictions.html?id=9410580) Harmonic Constituents (/harcon.html?id=9410580) Sea Level Trends (/sltrends/sltrends_station.shtml?id=9410580) Datums (/datums.html?id=9410580) Bench Mark Sheets (/benchmarks.html?id=9410580) Extreme Water Levels ( /est/est_station.shtml?stnid=9410580) Reports (/reports. html?id=941 0580) METEOROLOGICAL/OTHER Meteorological Observations Water Temp/Conductivity PORTS® This station is not a member of PORTS° OPERATIONAL FORECAST SYSTEMS This station is not a member of OFS INFORMATION Station Home Page (/station home. html?id=9410580) Data Inventory (/inventory.html?id=9410580) Measurement Specifications (/measure.html) Website Owner: Center for Operational Oceanographic Products and Services National Oceanic and Atmospheric Administration (http://www.noaa.gov) National Ocean Service (http:Hoceanservice.noaa.gov) Privacy Policy (/privacy.html) Disclaimer (/disclaimers.html) Take Our Survey (/survey.html) Freedom of Information Act (https://www.noaa.gov/foia-freedom-of-information-act) Contact Us (/contact.html) A Appendix D Global Slope Stability Analysis for the Exiting Bulkhead Wall Earth Mechanics Inc. Geotechnical & Earthquake Engineering 1.662 0 Cl) 0 N 250.00 Ibs/ft2 0 0 0 N -40 -30 -20 -10 0 10 20 30 4 GlobalStability.slmd 10/17/2019 1.457 0 N 250.00 Ibs/ft2 0 0 -35 -30 -25 -20 -15 -10 -5 0 5 10 15 20 25 GlobalStability.slmd 10/17/2019 APPENDIX B REGULATORY PERMIT INFORMATION STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 PH (562)590-5071 FAX (562)590-5084 WWW. COASTAL. CA. GOV Page 1 February 12, 2021 Permit Application Number: 5-19-1466 COASTAL DEVELOPMENT PERMIT On September 9, 2020, the California Coastal Commission granted to City Of Newport Beach, Attention: Chris Miller, Public Works Manager this permit subject to the attached Standard and Special conditions, for development consisting of Repair of an existing bulkhead consisting of removal and replacement of the cap and installation of new tiebacks; removal of a gangway and installation of a new pier platform and ADA compliant gangway; and expansion of a dock float, more specifically described in the application filed in the Commission offices. The development is within the coastal zone at 215 15 St, Newport Beach (Orange County) (APN(s): 047-222-11) Issued on behalf of the California Coastal Commission by Sincerely, John Ainsworth Executive Director 4riginal on File signed by: F rnie y Coastal Program Analyst cc: Commissioners/File ACKNOWLEDGMENT: The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: "A Public entity is not liable for injury caused by the issuance... of any permit..." applies to the issuance of this permit. Page 2 February 12, 2021 Coastal Development Permit 5-19-1466 IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date: February 16, 2021 STANDARD CONDITIONS: Signature ' l' ' 1. 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 of the 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. 3. 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. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass survey (whether for Zostera marina or Z. pacifica) shall be completed for the project site and a 10-meter buffer area. The pre -construction survey shall be completed no more than 60 days prior to the beginning of construction and shall be valid until the next period of active growth. If any portion of the project is subsequently proposed in a previously unsurveyed area, a new survey is required during the active growth period for eelgrass in that region and no more than 60 days prior to commencement of work in that area. The eelgrass survey and mapping shall be prepared in full compliance with the California Eelgrass Mitigation Policy (CEMP), and in Page 3 February 12, 2021 Coastal Development Permit 5-19-1466 consultation with the National Marine Fisheries Service (NMFS) and California Department of Fish and Wildlife (CDFW). If side -scan sonar methods will be used, evidence of a permit issued by the California State Lands Commission (CSLC) for such activities shall also be provided prior to the commencement of survey work. The applicant shall submit the pre -construction eelgrass surveys for review and approval by the Executive Director within five (5) business days of completion of each eelgrass survey and in any event, no later than fifteen (15) business days prior to commencement of any development. If eelgrass surveys identify any eelgrass within the project area, which may be potentially impacted by the proposed project, the Permittees are required to complete post -project eelgrass surveys consistent with the section below. Post -Construction Eelgrass Survey. If any eelgrass is identified in the project site or the 10 meter buffer area by the pre -construction survey, within 30 days of completion of construction, or within the first 30 days of the next active growth period following completion of construction that occurs outside of the active growth period, the applicant shall survey the project site and the 10 meter buffer area to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the CEMP adopted by the NMFS (except as modified by this special condition), and in consultation with the CDFW. If side -scan sonar methods are to be used, evidence of a valid permit from CSLC must also be provided prior to the commencement of each survey period. The applicant shall submit the post - construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been adversely impacted, the applicant shall replace the impacted eelgrass at a minimum final 1.38:1 ratio on -site (mitigation: impact), or at another location, in accordance with the CEMP. Any exceptions to the required 1.38:1 minimum final mitigation ratio found within the CEMP shall not apply. Based on past performance of eelgrass mitigation efforts, in order to achieve this minimum, the appropriate regional initial planting ratio provided in the CEMP should be used. A greater mitigation ratio may be required if the Commission determines that temporal loss of eelgrass habitat will occur or if the success of the proposed mitigation site is uncertain. Implementation of mitigation to ensure success in achieving the minimum final mitigation ratio shall require an amendment to this permit or a new coastal development permit unless the Executive Director provides a written determination that no amendment or new permit is required. 2. Pre -Construction Caulerpa Taxifolia Survey. By acceptance of this permit, the applicant agrees to, not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this CDP, undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa Taxifolia. The survey shall include a visual examination of the substrate. If any Page 4 February 12, 2021 Coastal Development Permit 5-19-1466 portion of the project commences in a previously undisturbed area after the last valid Caulerpa Taxifolia survey expires, a new survey is required prior to commencement of work in that area. The survey protocol shall be prepared in consultation with the RWQCB, CDFW, and NMFS. Within five (5) business days of completion of the survey, the applicant shall submit the survey: A. For the review and approval by the Executive Director; and B. To the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through Loni Adams, California Department of Fish & Wildlife (858/627-3985) or Bryant Chesney, National Marine Fisheries Service (562/980 4037), or their successors. If Caulerpa Taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until (1) the applicant provides evidence to the Executive Director that all Caulerpa Taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or (2) the applicant has revised the project to avoid any contact with Caulerpa Taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 3. Future Development. This permit is only for the development described in CDP No. 5-19-1466. Pursuant to Title 14 of the California Code of Regulations, Section 13253(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(b) shall not apply to the development governed by CDP No. 5-19-1466, including the repaired and reinforced bulkhead and private dock system. Accordingly, any future improvements to the development authorized by this permit, including but not limited to repair and maintenance identified as requiring a permit in Public Resources Code Section 30610(d) and Title 14 of the California Code of Regulations, Sections 13252(a)-(b), shall require an amendment to CDP No. 5-19- 1466 from the Commission or shall require an additional CDP from the Commission or from the applicable certified local government. 4. Construction Responsibilities and Debris Removal. By acceptance of this permit, the applicant agrees to comply with the following construction related requirements: Page 5 February 12, 2021 Coastal Development Permit 5-19-1466 A. No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion; B. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project; C. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; D. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone; E. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity; F. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day; G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss; H. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day; I. The applicants shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; J. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; K. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; Page 6 February 12, 2021 Coastal Development Permit 5-19-1466 L. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; M. The discharge of any hazardous materials into any receiving waters shall be prohibited; N. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible; O. Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and P. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 5. Best Management Practices (BMPs) Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. A.Boat Cleaning and Maintenance Measures: In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris; 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized; and B.Solid and Liquid Waste Management Measures: All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent Page 7 February 12, 2021 Coastal Development Permit 5-19-1466 materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations. C.Petroleum Control Management Measures: Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; 2. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and 3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 6. Assumption of Risk, Waiver of Liability and Indemnity. A. By acceptance of this permit, the permittee acknowledges and agrees (i) that the site may be subject to hazards, including but not limited to [modify following list as necessary to address specific case] waves, erosion, storm conditions, liquefaction, and flooding, all of which will may worsen with future sea level rise; (ii) to assume the risks to the permittee and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. B. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the landowner shall execute and Page 8 February 12, 2021 Coastal Development Permit 5-19-1466 record a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to as the "Standard and Special Conditions"); and (2) imposing all Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The restriction shall include a legal description of the landowner's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes — or any part, modification, or amendment thereof — remains in existence on or with respect to the subject property. 7. No Future Expansion of Existing Shoreline Protective Device. By acceptance of this permit, the applicant agrees, on behalf of itself and all successors and assigns, that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the shoreline protective device that is the subject of Coastal Development Permit No. 5-19-1466, as described and depicted in the plans included as Exhibit No. 2 of this staff report, shall be undertaken if such activity extends the footprint of the subject shoreline protective device seaward in order to protect existing or proposed development, including any future improvements, in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, flooding, sea level rise or other natural coastal hazard in the future. By acceptance of this permit, the applicant hereby waives, on behalf of itself and all successors and assigns, any rights to construct such seaward encroaching shoreline protective devices that may exist under applicable law. 8. Newport Beach Harbor Commission and Requirements of the Resource Agencies. PRIOR TO ISSUANCE OF THE PERMIT, the permittee shall secure a final approval letter and stamped plans from the Newport Beach Harbor Commission, for the review and written approval of the Executive Director. Additionally, the permittee shall comply with all requirements, requests and mitigation measures from the California Department of Fish and Wildlife (CDFW), the Regional Water Quality Control Board (RWQCB), the U.S. Army Corps of Engineers (USACE), and the U.S. Fish and Wildlife Service (USFWS) with respect to preservation and protection of water quality and marine environment. Any change in the approved project that may be required by the above -stated agencies shall be submitted to the Executive Director in order to determine if the proposed change shall require a permit amendment pursuant to the requirements of the Coastal Act and the California Code of Regulations. Page 9 February 12, 2021 Coastal Development Permit 5-19-1466 9. Public Rights and Public Trust. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property now or in the future. 10. Final Project Plan. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two (2) full size sets of final project plans, that substantially conform with the plan prepared by the City of Newport Beach Public Works Department received August 5, 2020, except as modified are required below: 1. The plan shall include the replacement of the bayside patio adjacent to the Legion Hall. While the patio height may be raised minimally in height, the footprint of the patio shall not be expanded. 2. The revised plans submitted to the Executive Director shall bear evidence of Approval -in -Concept of the revised design from the City of Newport Beach Planning Division. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Coastal Commission -approved amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment is legally required. 11. No Future Shoreline Protective Device for Patio. A. By acceptance of this permit, the permittees agree, on behalf of themselves and all other successors and assigns, that the project is new development for which there is no right to shoreline protection and hereby waives on behalf of themselves, and all other successors and assigns, any rights that may exist under applicable law to construct a shoreline protective device to protect the development approved pursuant to Coastal Development Permit No. 5-19- 1466, and any future improvements, in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, liquefaction, flooding, sea level rise, or other natural coastal hazards in the future. B. By acceptance of this permit, the permittees further agree, on behalf of themselves and all successors and assigns, that the landowners are required to Page 10 February 12, 2021 Coastal Development Permit 5-19-1466 remove the development authorized by this permit, including the patio, if any other government agency with legal jurisdiction has issued a final order, not overturned through any appeal or writ proceedings, determining that the structures are currently and permanently unsafe for occupancy or use due to coastal hazards and that there are no measures that could make the structures suitable for habitation or use without the use of bluff or shoreline protective devices. C. In the event that portions of the development fall to the beach before they are removed, the landowner(s) shall remove all recoverable debris associated with the development from the beach and ocean and lawfully dispose of the material in an approved disposal site. Such removal shall require a coastal development permit. Prior to removal, the permittee shall submit two copies of a Removal Plan to the Executive Director for review and written approval. The Removal Plan shall clearly describe the manner in which such development is to be removed and the affected area restored so as to best protect coastal resources, including the beach and Newport Harbor. 12. Coastal Public Access Sign Plan. A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two (2) full size sets of a coastal public access signage plan, showing the location of the visitor-serving/coastal access directional sign(s) located on the American Legion property adjacent to the sandy public beach. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Coastal Commission -approved amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment is legally required. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION GAVIN NEWSOM, GOVERNOR SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 (562) 590-5071 FAX (562) 590-5084 W W W.COASTAL.CA.GOV TH8 Prepared January 27, 2022 (for the February 10, 2022 Hearing) �'°l�FoaN`P To: Commissioners and Interested Parties From: Karl Schwing, South Coast District Deputy Director Subject: South Coast District Deputy Director's Report for Orange County for February 2022 The following coastal development permit (CDP) waivers, immaterial CDP amendments, CDP extensions, Executive Director Checkoffs and emergency CDPs for the South Coast District Office are being reported to the Commission on February 10, 2022. Pursuant to the Commission's procedures, each item has been appropriately noticed as required, and each item is also available for review at the Commission's South Coast District Office in Long Beach. Staff is asking for the Commission's concurrence on the items in the South Coast District Deputy Director's report, and will report any objections received and any other relevant information on these items to the Commission when it considers the report on February loth. With respect to the February 1 Oth hearing, interested persons may sign up to address the Commission on items contained in this report prior to the Commission's consideration of this report. The Commission can overturn staffs noticed determinations for some categories of items subject to certain criteria in each case (see individual notices for specific requirements). Items being reported on February 10, 2022 (see attached) Waivers • 5-21-0655-W, ADU Unit (San Clemente) • 5-21-0667-W, Storage area (San Clemente) • 5-21-0669-W, Convert garage to ADU (San Clemente) • 5-21-0720-W, 2 ADUs on an existing multi -family lot (San Clemente) • 5-21-0744-W, Removal of wood burning fireplace & chimney (Surfside) • 5-21-0898-W, Single Family Dwelling (Seal Beach) Immaterial Amendments • 5-18-0794-A1, Duplex to 2-unit condominium (Sunset Beach) • 5-19-1466-A1, City of Newport Beach/American Legion Site (Newport Beach) • P-8-8-78-3860-A1, David & Rene Lindahl (San Clemente) STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 PH (562)590-5071 FAX (562)590-5084 WWW.COASTAL.CA.GOV January 24, 2022 NOTICE OF PROPOSED IMMATERIAL PERMIT AMENDMENT Coastal Development Permit Amendment No. 5-19-1466-A1 To: All Interested Parties From: John Ainsworth, Executive Director Subject: Development previously approved pursuant to Coast Development Permit No. 5-19-1466 granted to City of Newport Beach, Attention Chris Miller, Public Works Manager for: Repair of an existing bulkhead consisting of removal and replacement of the cap and installation of new tiebacks; removal of a gangway and installation of a new pier platform and ADA compliant gangway; and expansion of a dock float. Project Site: 215 15 St, Newport Beach (Orange County) (APN(s): 047-222-11) The Executive Director of the California Coastal Commission has reviewed a proposed amendment to the above referenced permit, which would result in the following change(s): This revised project includes additional materials and means to repair the existing American Legion bulkhead wall by installing a new steel wale beam and tieback system (25 tie -backs). The new wale will be attached along the bayward side of the wall below the existing cap. Spalling and cracking of the existing bulkhead wall will be patched with concrete, as needed. The bulkhead wall repair length is approximately 300 feet. The project also includes installation of public access signage in accordance with CDP Special Condition No. 12 and the after -the -fact permitted replacement of the bayside patio adjacent to the Legion Hall per CDP Special Condition No. 10.A.1. The underlying CDP authorizes additional development that may be carried out in a future project phase, including removal and replacement of the bulkhead cap; removal of an existing gangway and installation of a new pier platform and ADA compliant gangway; and expansion of a dock float. Page 2 January 24, 2022 Notice of Proposed Immaterial Permit Amendment 5-19-1466-A1 a III III N&V Pursuant to 14 Cal. Admin. Code Section 13166(b) this amendment is considered to be IMMATERIAL and the permit will be amended accordingly if no written objections are received within ten working days of the date of this notice. If an objection is received, the amendment must be reported to the Commission at the next regularly scheduled Commission hearing. The Executive Director has determined this proposed amendment to be "immaterial" for the following reason(s): The proposed development will not result in adverse impacts to marine resources water quality, public access and recreation or be affected by hazards. The amended project revises the repair work to the existing bulkhead but does not eliminate the originally proposed repair work and additional work that may take place in the future. The best management practices required by the underlying special conditions would apply to the proposed amended development. In addition, the amendment does not eliminate the installation of public access signage in accordance with CDP Special Condition No. 12 nor the after -the -fact permitted replacement of the bayside patio adjacent to the Legion Hall per CDP Special Condition No. 10.A.1. Therefore, the proposed amendment is consistent with the underlying permit approval (CDP# 5-19-1466) and is consistent with the City's certified Local Coastal Program. If you wish to register an objection to the processing of this amendment application as an immaterial amendment, please send the objection in writing to the address above. If you have any questions about this notice, please contact Fernie Sy at the phone number provided above. Original on File signed by: Fernie Sy Coastal Program Analyst cc: Commissioners/File °I DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT 915 WILSHIRE BOULEVARD, SUITE 930 •_ LOS ANGELES, CALIFORNIA 90017 March 17, 2022 Chris Miller City of Newport Beach 100 Civic Center Drive Newport Beach, California 90808 Dear Mr. Miller: I am responding to your request (Corps File No. SPL-2019-00822-TDK) for a Department of the Army permit for the proposed American Legion Bulkhead Repair Project. The proposed project is located bayside of 215 15th Street, in Newport Bay, within in the city of Newport Beach, Orange County, California at approximately 33.608233,-118.920803 (Figures 1-3). Because construction of this project would result in a discharge of dredged and/or fill material into waters of the U.S. and would place structures or consist of work in or affecting navigable waters of the U.S., a Department of the Army permit is required pursuant to Section 404 of the Clean Water Act (33 USC 1344; 33 CFR parts 323 and 330) and Section 10 of the Rivers and Harbors Act (33 USC 403). I have determined your proposed project, if constructed as described in your application, would comply with Nationwide Permit (NWP) 3 (Maintenance). Specifically, and as shown in the attached figures, you are authorized to conduct the following activities: 1. Repair the 330 feet of the existing bulkhead wall at the American Legion facility in Lower Newport Bay; 2. Install a stabilizing steelwale beam and tie -backs along the length ofthe bulkhead, without replacing/raising the bulkhead cap; 3. Install a new steel wale just below the existing cap and new drill-and-grouttieback anchors and install new handrails on the top of bulkhead wall; 4. Epoxy grout patching of cracks and spalls in the existing sheet pile wall section below the cap; and 5. No overwater coverage increase due to the bulkhead repair. For this NWT verification letter to be valid, you must comply with all of the terms and conditions in Enclosure 1. Furthermore, you must comply with the non -discretionary Special Conditions listed below: 1. Within 45 calendar days of completion of authorized work in waters of the United States, the Permittee shall submit to the Corps Regulatory Division a post -project implementation memorandum including the following information: A. Date(s) work within waters of the United States was initiated and completed; -2- B. Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance); C. Color photographs (including map of photopoints) taken at the project site before and after construction for those aspects directly associated with permanent impacts to waters of the U.S. such that the extent of authorized fills can be verified; D. One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to -scale. If submitting paper copies, sheets must be no largerthan 11 x 17 inches; and E. Signed Certification of Compliance (attached as part of this permit package). 2. The permitted activity shall not interfere with the right ofthe public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 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 treatedpilings 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. The Permittee shall discharge only clean 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 orpetroleum products, from construction shall be allowed to enter into orplaced where it may be washed by rainfall or runoff into waters of the United States. Upon completion ofthe 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. 6. To ensure navigational safety, the permittee shall provide appropriate notifications to the U. S. Coast Guard as described below: Commander, 1 lth Coast Guard District (dpw) Telephone: 510-43 7-298 0 E-mail: dI ILNM(a,uscg.mil -3- Website: http://www.uscg.mil/dp/Inmrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan(a,uscg.mil A) The Permittee shall notify the U.S. Coast Guard, Commander, 1 lth 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 ofoperation, 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) VHF -FM radio frequencies monitored by vessels on scene. 6)Point of contact and 24-hourphone 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 3 3 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 Q 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. 7. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy ofthe survey, as well as a copy of this permit, to the Corps Regulatory Division (via e-mail at: Regulatory.SPL(a,usace.anny.mil) and to the National Oceanic and Atmospheric Administration for updating nautical charts (via e-mail at: Chris.Libeau(a,noaa.gov). Post - project surveys/as-built plans should be provided electronically in two formats:.pts (xyz) and one of, .pdf, CAD, or GIS. Include the following headermetadata: project name, surveyor's name and company, area surveyed (acres), type of survey method, date of survey, geographic control points (for example: latitude/longitude, plane coordinates), geographic coordinate system (use NAD83), geographic projection, units (use US Survey Feet), and tide gage location. For all subsurface structures and dredge projects include elevation (z coordinate) datum indicated as a negative below MLLW, and also indicate the survey system and bin sizes as appropriate. 8. 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 ofthe Secretary of theArmy or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation ofthe navigable waters, the Permittee will be required, upon due notice from the Corps Regulatory Division, to remove, relocate, or alterthe 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. This verification is valid through March 14, 2026. If on March 14, 2026 you have commenced or are under contract to commence the permitted activity, you will have an additional twelve (12) months to complete the activity under the present NWP terms and conditions. However, if I discover noncompliance or unauthorized activities associated with the permitted activity, I may request the use of discretionary authority in accordance with procedures in 33 CFR part 330.4(e) and 33 CFR part 330.5(c) or (d) to modify, suspend, or revoke this specific verification at an earlier date. Additionally, at the national level, the Chief of Engineers, any time prior to March 18, 2022, may choose to modify, suspend, or revoke the nationwide use of a NWP after following procedures set forth in 33 CFR part 330.5. It is incumbent upon you to comply with all of the terms and conditions of this NWP verification and to remain informed of any change to the NWPs. -5- A NWP does not grant any property rights or exclusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank you for participating in the regulatory program. If you have any questions, please contact Miriam Yemane at 213-452-3411 or via e-mail at Miriam. Yemane(a),,usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmapu.usace.army.mil/cm apex/Vp=regulatory survey. Sincerely, Gerardo Salas Senior Project Manager Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosures umi..uu umi.aio1111 fill 1111.5111 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2019-00822-TDK Name of Permittee: Chris Miller Date of Issuance: March 17, 2022 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it by ONE of the following methods; 1) Email a digital scan of the signed certificate to Miriam. Yemane(a,usace.army.mil OR 2) Mail the signed certificate to U.S. Army Corps of Engineers ATTN: Regulatory Division SPL-2019-00822-TDK 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017 I hereby certify that the authorized work and any required compensatory mitigation has been completed in accordance with the NWP authorization, including all general, regional, or activity - specific conditions. Furthermore, if credits from a mitigation bank or in -lieu fee program were used to satisfy compensatory mitigation requirements I have attached the documentation required by 33 CFR 332.3(1)(3) to confirm that the appropriate number and resource type of credits have been secured. Signature of Permittee Date ..• .. a i. �,. ' • �=RUN �O American Legion Project Site Pacific Ocean 0 �a oau uscs VMM CSUMB SFUL. CA OPC Google Far-t � � r� racy;� �� ;� - ► $ Arnertcan Lfgio-i _ Proj-ect Site b ` y'i1� ARI .r.p!":Ik ci American Legion Bulkhead Repair Project r �*t�roRN,r I Bulkhead Wall Location -� (Approx. 330 linear feet) 7 -J i wbr.. Figure 3 — Site Map APPROXIMATE — PROPERTY LJMITS EXISTING__ O MARINA GUIDE PILE -PEER _HE60- NE o Y I ll .l I r F :29'-0' '` fA E 3 BEACH I� s t EX€STI"I 3 / o MARINA -------------------------------------1US BULKHEAB-6€N�------- ------- ------ EXlST1NG 2 EXISTING PILES :- ELECIR€CAL 3 / TO REMAIN PANE OCRANE AND �EXISTING � FOUNDATION FLAGPOLELJ y Ln 44 z� ¢ 4 1 EXISTING RESTROOM BUILDING EXISTING CONCRETE CAP a U (PERFORM CRACK AND SPALL REPAIRS) -EXISTING TIE ROD AND WALER (PROTECT IN PLACE) PROPOSED EXTERNAL STEEL WALE PROPOSED TIE ROD a NEW TIEBACKS-y (25 TOTAL) ASP^H CONCEPT PLAN tt a EXISTING CONCRETE SHEET PILES (SPOT NEW DRILL -AND -GROUTED REPAIRS AS NEEDED) TIE -BACK ANCHOR TYPICAL BULKHEAD WALL REPAIR SECTION SPALL. I-=_ 16,-D" &-0' 56�0' 32�D" SCALE: t % I N EXISTING CHILLER BUILDING - EXISTING GROUND SURFACE f �EXIsTiNG CLUB ' - HOUSE Or N CONCEPT NOTES O1 INSTALL NEW DRILL -AND -GROUTED TIE -BACK ANCHORS (25 TOTAL) 2O INSTALL NEW STEEL WALE AND PERFORM SPOT REPAIRS OF EXISTING w z 0 CONCRETE CAP AND SHEET PILES AS NEEDED. w O PROTECT EXISTING IN -PLACE w I- 1/1, moTfott R, nIQhcI 4225 E- CWAW Sf- L G PE k, CA 90GGS 562-54G-65G0 N0. DATE DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH 20 t T �� APPROVAL IN CONCEPT NO. This project conforms to all applicable planning 7Fguh U itions and policies in cited on this date. These plans are not to be used for emsMaotion purfx sm.Ito building permit Wit be issued until approxal is 1receNe, I from the California Coastal Commission. PLANNING DIVISION �i/z EI pate. PROPOSED AMERICAN LEGION BULKHEAD WALL REPAIR SUMMARY DESCRIPTION EXISTING PROPOSED CHANGE TIEBACK ANCHORS �20 -25 +5 TIEBACKS STEEL WALE 0 LF � 294 LE +294 LF CONCRETE CAP SPALL REPAIR w330 LF -330 LF +0 LF AIC APPROVED AUG 112021 nevkm AMERICAN LEGION BULKHEAD WALL CAP REPAIR CONCEPT PLAN CITY PROJECT MANAGER DESIGNED'. NW DRAWN SC CITY OF NEWPORT BEACH cI+ECHEo: H DATE, PUBLIC WORKS DEPARTMENT SHEET 1 OF 1 0 CALIFORNIA Water Boards Santa Ana Regional Water Quality Control Board October 1, 2020 Mr. Chris Miller City of Newport Beach, Dept. of Public Works 100 Civic Center Drive Newport Beach, CA 92660 Email: Cmiller(a)-newportbeachca.gov ^ E GAVIN NEWSOM GOVERNOR XL JARED BLUMENFELD SECRETARY SECRETARY FOR ENVIRONMENTAL PROTECTION CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER FOR THE AMERICAN LEGION BULKHEAD REPAIR PROJECT (SARWQCB WDID # 302019-17) Dear Mr. Miller: Enclosed please find a Clean Water Act Section 401 Water Quality Certification and Order, authorized by Santa Ana Regional Water Quality Control Board Executive Officer, Hope A. Smythe. This Order is issued to you for the American Legion Bulkhead Repair (Project). Attachments A through C of the Enclosure are also part of the Order. This Order is issued in response to an application submitted by The City of Newport Beach for the proposed Project discharge to waters of the State to ensure that the water quality standards for all waters of the State impacted by the Project are met. You may proceed with your Project according to the terms and conditions of the enclosed Order. If you require further assistance, please contact me by phone at (951) 453-9367 or by email at Marc. Brown(a)waterboards.ca.gov . You may also contact David Woelfel, Chief of Regional Planning Programs Section, by phone at (951) 782-7960 or by email at David.Woelfel(cDwaterboards.ca.gov. Sincerely, Marc Brown Environmental Scientist Regional Planning Programs Section Santa Ana Regional Water Quality Control Board Enclosures (1): Order for American Legion Bulkhead Repair Project #302019-17 WILLIAM RUH, CHAIR I HOPE SMYTHE, EXECUTIVE OFFICER 3737 Main St., Suite 500, Riverside, CA 92501 I www.waterboards.ca.gov/santaana C*A RECYCLED PAPER Chris Miller - 2 - October 1, 2020 American Legion Bulkhead Repair SARWQCB WDID #302019-17 cc: [Via email only] (w/ enclosure): U.S Army Corps of Engineers, Los Angeles/Regulatory Division — Corice Farrar — corice.j.farrar usace.army.mil U.S. Environmental Protection Agency, Region 9 — Wetlands Section — Mclissa Scianni -- Scianni.MelissaC@epa.gov California Department of Fish and Wildlife — Kevin Hupf — Kevin. Hupf(a)-wildlife.ca.gov State Water Resource Control Board, Office of Chief Counsel -- Teresita Sablan — Teresita.Sablan(a)_waterboards.ca.gov State Water Resources Control Board, Division of Water Quality -- Water Quality Certification Unit — Stateboard401(aDwaterboards.ca.gov Santa Ana Regional Water Quality Control Board — David Woelfel — David.Woelfel(a�_waterboards.ca.gov Moffatt and Nichol — Kim Garvey — Kgarvey(a-moffattnichol.com CA L IF OR N IA Water Boards Santa Ana Regional Water Quality Control Board + ^ice ,i GAVIN NEWSOM ,� � GOVERNOR XL JARESECRETARY BLUMENFELD SECRETARY FOR ENVIRONMENTAL PROTECTION CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER Effective Date: October 1, 2020 Program Type: Fill/Excavation Project Type: Boating and Navigation Reg. Meas. ID: 434340 Place ID: 861335 SARWQCB 302019-17 WDID: USACE #: Not Available Project: American Legion Bulkhead Repair (Project) Federal Permit: United States Army Corps of Engineers (USACE) Letter of Permission, under Section 10 Rivers and Harbors Act Applicant: City of Newport Beach Applicant Contact: Chris Miller, City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Phone: (949) 644-3043 Email: CmillerC@newportbeachca.gov Applicant's Agent: Kim Garvey, Moffatt & Nichol 4225 East Conant Street Long Beach CA 90808 Phone: (562) 317-3527 Email: kgarvey(a-)moffattnichol.com Water Board Staff: Marc Brown, Environmental Scientist 3737 North Main Street, Suite 500 Riverside, CA 92501 Phone: (951) 453-9367 Email: Marc. Brown c(. waterboards.ca.gov Water Board Contact Person: If you have any questions, please call Santa Ana Regional Water Quality Control Board (Santa Ana Water Board) staff listed above or (951) 782-4130 and ask to speak with the Regional Planning Programs Section Chief. WILLIAM RUH, CHAIR I HOPE SMYTHE, EXECUTIVE OFFICER 3737 Main St., Suite 500, Riverside, CA 92501 1 www.waterboards.ca.gov/santaana C, RECYCLED PAPER American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Table of Contents Reg. Meas. ID: 434340 Place ID: 861335 Order.................................................................................................................................... 3 II. Public Notice........................................................................................................................ 3 III. Project Purpose................................................................................................................... 3 IV. Project Description............................................................................................................... 3 V. Prolect Location................................................................................................................... 4 VI. Prolect Impact and Receiving Waters Information.............................................................. 4 VII. Description of Direct Impacts to Waters of the State.......................................................... 5 VIII. Compensatory Mitigation..................................................................................................... 5 IX. California Environmental Quality Act(CEQA)..................................................................... 5 X. Petitions for Reconsideration............................................................................................... 5 XI. Fees Received..................................................................................................................... 5 XII. Conditions............................................................................................................................ 5 XIII. Certification Deviation........................................................................................................ 13 XIV. Water Quality Certification................................................................................................. 13 Attachment A Project Maps(s) Attachment B Report and Notification Requirements Attachment C Signatory Requirements Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 I. Order Reg. Meas. ID: 434340 Place ID: 861335 This Clean Water Act (CWA) section 401 Water Quality Certification action and Order (Order) is issued at the request of City of Newport Beach (herein after Permittee) for the Project. This Order is for the purpose described in the application and supplemental information submitted by the Permittee. The application was received on September 16, 2019. Prior to receiving a complete application, Santa Ana Water Board staff issued a notice of incomplete application, and the Permittee responded to the request for application information as summarized on Table 1. Table 1: Record of Notice(s) of Incom Date of Notice of Incomplete Application 11/12/2019 lication Date Reauested Information Received 7/13/2020 Santa Ana Water Board staff requested additional information necessary to supplement the contents of the complete application, and the Permittee responded to the request for supplemental information on the following dates provided in Table 2. Table 2: Record of Supplemental Application Information Date of Request for Supplemental Information Date Requested Information Received 11 /12/2019 7/13/2020 II. Public Notice The Santa Ana Water Board provided public notice of the application pursuant to California Code of Regulations, title 23, section 3858 from September 16, 2019 to the effective date of the Order. III. Project Purpose The purpose of the proposed Project is to repair the existing aged bulkhead wall and to install a new Americans with Disabilities Act (ADA) compliance gangway at the American Legion facility in Lower Newport Bay. Damages to the bulkhead, as identified during bulkhead inspections, has led to concern that the damages could lead to operational limitations and/or pose a risk to public safety. IV. Project Description The Project consists of repairing an existing bulkhead wall measuring 330 linear feet. The wall consists of interlocking sheet piles with a concrete cap. For the majority of the wall (approximately 295 linear feet), tie -backs are embedded in the cap. Tie -backs do not exist in the eastern -most end (approximately 35 linear feet). Recent inspections of the bulkhead revealed corrosion cracks and spalling along the majority of the length of the wall. To resolve these problems, the following repair activities are proposed: Removal of the existing concrete cap and handrails along the bulkhead wall; Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 • Installation of a new concrete cap with the elevation of +10.6 NAV88 (+10.8 feet mean lower low water [MLLW]), per the City's Waterfront Project Guidelines and Standards, 2017 Edition and current sea -level -rise guidance; • Installation of a new steel wale just below the existing cap and new drill -and -grout tieback anchors (the existing tie -back rods would be abandoned in place); • Installation of new handrails on the top of the bulkhead wall (height of the handrails would be based on current City regulations); • Epoxy grout patching of cracks and spalls in the existing sheet pile wall section below the cap; and • Potential temporary relocation and reinstallation of access gangway and utilities that supply the marina along the seaward side of the bulkhead cap during construction. In order to provide ADA access to the boat slips with the increased bulkhead cap elevation, the existing gangway must be replaced with a new longer, ADA-compliant gangway. The new gangway work would include: • Installation of pile -supported gangway platform (3 new piles, up to a 16-inch diameter); • Installation of 80-foot long ADA gangway (in same overwater footprint as the existing floating dock and gangway); • Removal of the existing gangway, sections of floating dock, and two piles; and • Installation of a new floating dock section and two new piles (up to a 16-inch diameter) to accommodate new gangway and access. No dredging is proposed as a part of this Project. The majority of the work would be conducted from the waterside, using work barges and boats. The handrail installation would occur from the landside of the Project. V. Project Location The Project is located on southern bank of Lower Newport Bay, immediately adjacent to Marina Park, on the Balboa Peninsula, in Newport Beach, Orange County (latitude 330 36' 29.64" N, longitude -117' 55' 14.89" W). A map showing the Project location is found in Attachment A of this Order. VI. Project Impact and Receiving Waters Information The Project is located within the jurisdiction of the Santa Ana Water Board. Receiving waters and groundwater potentially impacted by this Project are protected in accordance with the Water Quality Control Plan for the Santa Ana Basin (1995) and subsequent amendments (Basin Plan) and other plans and policies. The Basin Plan includes water quality standards, which consist of existing and potential beneficial uses of waters of the State, water quality objectives to protect those uses, and the State and federal antidegradation policies. Receiving Water: Lower Newport Bay Existing or Potential Navigation (NAV), Water Contact Recreation (REC1), Non - Beneficial Uses: contact Water Recreation (REC2), Commercial and Sportfishing (COMM), Wildlife Habitat (WILD), Rare, Threatened, or Endangered Species (RARE), Spawning, Reproduction, and Development (SPWN), Marine Habitat (MAR), and Shellfish Harvesting (SHEL) Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 VII. Description of Direct Impacts to Waters of the State Reg. Meas. ID: 434340 Place ID: 861335 Total Project fill/excavation quantities for all impacts are summarized in Table 3. Table 3: Total Project Fill/Excavation Quantity Aquatic Resource Type Temporary Impact' Permanent Impact Physical Loss of Area Degradation of Ecological Condition Only Acres CYZ LF Acres CY LF Acres CY LF Ocean/bay/estuary <0.01 -- 330 -- -- -- -- -- -- Vill. Compensatory Mitigation No compensatory mitigation is required for permanent impacts because these impacts are negligible and less than the original structure that is currently in place. IX. California Environmental Quality Act (CEQA) On July 13, 2020, the City of Newport Beach, Harbor Resource Division, acting as Lead Agency, made a ministerial declaration that the Project was categorically exempt from CEQA requirements under Public Resources Code section 21080(b)(1) and California Code of Regulations Title 14, Chapter 3, section 15302. The Santa Ana Water Board has independently considered the CEQA determination in issuing this Certification and finds that no changes or alterations to the proposed Project are necessary to avoid or mitigate impacts to water quality to a less than significant level. X. Petitions for Reconsideration Any person aggrieved by this action may petition the State Water Resources Control Board to reconsider this Order in accordance with California Code of Regulations, title 23, section 3867. A petition for reconsideration must be submitted in writing and received within thirty (30) calendar days of the issuance of this Order. XI. Fees Received An application fee of $1,638.00 was received on September 16, 2019. The fee amount was determined as required by California Code of Regulations, title 23, sections 3833(b)(3) and 2200(a)(3) and was calculated as category A - Fill & Excavation Discharges (fee code 84) with the dredge and fill fee calculator. XII. Conditions The Santa Ana Water Board has independently reviewed the record of the Project to analyze impacts to water quality and designated beneficial uses within the watershed of the Project. In accordance with this Order, the Permittee may proceed with the Project under the following terms and conditions: A. Authorization Impacts to waters of the State shall not exceed quantities shown in Table 3. ' Includes only temporary direct impacts to waters of the State and does not include upland areas of temporary disturbance, which could result in a discharge to waters of the State. 2 Cubic Yards (CY); Linear Feet (LF) Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 B. Reporting and Notification Requirements The following section details the reporting and notification types and timing of submittals. Requirements for the content of these reporting and notification types are detailed in Attachment B, including specifications for photo and map documentation during the Project construction. Written reports and notifications shall be submitted using the Reporting and Notification Cover Sheet located in Attachment B and signed by the Permittee or an authorized representative. 1. Project Reporting: a. Annual Reporting. The Permittee shall submit an Annual Report each year on the anniversary of the effective date. Annual reporting shall continue until a Notice of Project Complete Letter is issued to the Permittee. 2. Project Status Notifications: a. Commencement of Construction. The Permittee shall submit a Commencement of Construction Report at least seven (7) days prior to start of initial ground disturbance activities. b. Request for Notice of Completion of Discharges Letter. The Permittee shall submit a Request for Notice of Completion of Discharges Letter following completion of active Project construction activities, including any required restoration and Permittee-responsible mitigation. This request shall be submitted to the Santa Ana Water Board staff within thirty (30) days following completion of all Project construction activities. Upon acceptance of the request, Santa Ana Water Board staff will issue to the Permittee a Notice of Completion of Discharges Letter, which will end the active discharge period and, if appropriate, associated annual fees. c. Request for Notice of Project Complete Letter. The Permittee shall submit a Request for Notice of Project Complete Letter when construction and any required post -construction monitoring is complete and no further Project activities will occur. This request shall be submitted to Santa Ana Water Board staff within thirty (30) days following completion of all Project activities. Upon approval of the request, the Santa Ana Water Board staff will issue to the Permittee a Notice of Project Complete Letter, which will end the post discharge monitoring period and associated annual fees. 3. Conditional Notifications and Reports: The following notifications and reports are required as appropriate. a. Accidental Discharges of Hazardous Materials.' Following an accidental discharge of a reportable quantity of a hazardous material, sewage, or an unknown material, the following applies (Water Code, section 13271): 3 Completion of post -construction monitoring will be determined by Santa Ana Water Board staff and will be contingent on successful attainment of restoration and mitigation performance criteria. 4 "Hazardous material' means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if (footnote continued on next page) Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 As soon as (A) the Permittee has knowledge of the discharge or noncompliance, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures, then the Permittee shall: • first call — 911 (to notify local response agency) • then call — Office of Emergency Services (OES) State Warning Center at (800) 852-7550 or (916) 845-8911 • lastly follow the required OES procedures as set forth in the California Hazardous Materials Spill / Release Notification Guidance Following notification to OES, the Permittee shall notify Santa Ana Water Board, as soon as practicable (ideally within twenty-four [24] hours). Notification may be via telephone, email, delivered written notice, or other verifiable means. iii. Within five (5) working days of notification to the Santa Ana Water Board, the Permittee shall submit an Accidental Discharge of Hazardous Material Report. b. Violation of Compliance with Water Quality Standards. The Permittee shall notify the Santa Ana Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, email, delivered written notice, or other verifiable means. Examples of noncompliance events include lack of storm water treatment following a rain event, discharges causing a visible plume in a water of the State, and water contact with uncured concrete. This notification shall be followed within three (3) working days by submission of a Violation of Compliance with Water Quality Standards Report to the Santa Ana Water Board. c. In -Water Work. The Permittee shall notify the Santa Ana Water Board at least forty-eight (48) hours prior to initiating work in water or stream diversions. Notification may be via telephone, email, delivered written notice, or other verifiable means. Within three (3) working days following completion of work in water or stream diversions, an In -Water Work/Diversions Water Quality Monitoring Report shall be submitted to Santa Ana Water Board staff. d. Modifications to Project. Project modifications may require an amendment of this Order. The Permittee shall give advance notice to Santa Ana Water Board staff by submitting a Modifications to Project Report, if Project implementation as described in the application materials is altered in any way or by the imposition of subsequent permit conditions by any local, State, or federal regulatory authority. The Permittee released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health and Safety Code, section 25501.) Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 shall inform Santa Ana Water Board staff of any Project modifications that will interfere with the Permittee's compliance with this Order. Notification may be made in accordance with conditions in the Certification Deviation section of this Order. e. Transfer of Property Ownership. This Order is not transferable in its entirety or in part to any person or organization except after notice to the Santa Ana Water Board in accordance with the following terms: The Permittee shall notify the Santa Ana Water Board by submitting a Transfer of Property Ownership Report of any change in ownership or interest in ownership of the Project area. The Permittee and purchaser shall sign and date the notification and provide such notification to the Santa Ana Water Board at least ten (10) days prior to the transfer of ownership. The purchaser shall also submit a written request to the Santa Ana Water Board to be named as the permittee in a revised order. Until such time as this Order has been modified to name the purchaser as the permittee, the Permittee shall continue to be responsible for all requirements set forth in this Order. f. Transfer of Long -Term Best Management Practices (BMPs) Maintenance. If maintenance responsibility for post -construction BMPs is legally transferred, the Permittee shall submit to the Santa Ana Water Board a copy of such documentation and shall provide the transferee with a copy of a long-term BMP maintenance plan that complies with manufacturer or designer specifications. The Permittee shall provide such notification to the Santa Ana Water Board with a Transfer of Long -Term BMP Maintenance Report at least ten (10) days prior to the transfer of BMP maintenance responsibility. C. Water Quality Monitoring 1. General: If surface water is present, continuous visual surface water monitoring shall be conducted to detect accidental discharge of construction related pollutants (e.g., oil, grease, turbidity plume, or uncured concrete). 2. Accidental Discharges/Noncompliance: Upon occurrence of an accidental discharge of hazardous materials or a violation of compliance with a water quality standard, Santa Ana Water Board staff may require water quality monitoring based on the discharge constituents and/or related water quality objectives and beneficial uses. 3. In -Water Work or Diversions: For projects involving planned work in water or stream diversions, a water quality monitoring plan shall be submitted to Santa Ana Water Board staff for acceptance at least thirty (30) days in advance of any discharge to the affected water body. Water quality monitoring shall be conducted in accordance with the approved plan. During planned work in water any discharge(s) to waters of the State shall conform to the following water quality standards: Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 a. Waste discharges shall not result in deposition of oil, grease, wax, or other material in concentrations that result in a visible film or in coating objects in the water, or that cause a nuisance or adversely affect beneficial uses. b. Oxygen. The dissolved oxygen content of enclosed bays and estuaries shall not be depressed to levels that adversely affect beneficial uses as a result of controllable water quality factors. c. pH. The pH of bay and estuary waters shall not be raised above 8.6 or depressed below 7.0 as a result of controllable water quality factors; ambient pH levels shall not be changed by more than 0.2 unit. d. Turbidity. Increases in turbidity that result from controllable water quality factors shall comply with the following: where natural turbidity is between 0 and 50 Nephelometric Turbidity Units (NTU), increases shall not exceed 20 percent; where natural turbidity is between 50-100 NTU, the maximum increase shall not exceed 10 NTU; and where natural turbidity is greater than 100 NTU, increases shall not exceed 10 percent. Measurements of turbidity shall not exceed 10 percent. Measurements of turbidity shall be taken 100 feet downstream (towards tidal flow direction) and 100 feet upstream (away from tidal flow) of Project activities. Sampling shall be conducted in accordance with Table 4 sampling parameters.' Table 4: Sample Type and Frequency Requirements Parameter Unit of Type of Minimum Frequency Measurement Sample Oil and Grease N/A Visual Continuous Dissolved Oxygen mg/L & % Grab Once per day during saturation in -water work for 5 days. If no exceedances after pH Standard Units Grab Turbidity NTU Grab five 5 days than once a week. Baseline sampling shall be conducted at least at one location within the Project boundary. All other sampling shall take place at a minimum of two locations: the sample locations shall be upstream and downstream (of tidal flows) of the construction area. Results of the analyses shall be submitted to the Santa Ana Water Board staff weekly via email. This schedule maybe modified with Staff approval. A map or drawing indication the locations of sampling points shall be included with each submittal. ' Pollutants shall be analyzed using the analytical methods described in 40 Code of Federal Regulations Part 136; where no methods are specified for a given pollutant, a description of the method to be used must be submitted to the Santa Ana Water Board staff for approval. Grab samples shall be taken between the surface and mid -depth and not be collected at the same time each day to get a complete representation of variations in the receiving water. A hand- held field meter may be used, provided the meter utilizes a U.S. Environmental Protection Agency -approved algorithm/method and is calibrated and maintained in accordance with the manufacturer's instructions. A calibration and maintenance log for each meter used for monitoring shall be maintained onsite. Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 D. Standards Reg. Meas. ID: 434340 Place ID: 861335 1. This Certification will remain valid for five (5) years from the effective date of this Order. 2. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330 and California Code of Regulations, title 23, Chapter 28, Article 6 commencing with sections 3867- 3869, inclusive. Additionally, the Santa Ana Water Board reserves the right to suspend, cancel, or modify and reissue this Order, after providing notice to the Permittee, if the Santa Ana Water Board determines that the Project fails to comply with any of the conditions of this Order or when necessary to implement any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter - Cologne Water Quality Control Act (Water Code, sections 13000 et seq.) or federal Clean Water Act section 303 (Title 33 U.S Code section 1313). For purposes of Clean Water Act section 401(d), the condition constitutes a limitation necessary to assure compliance with water quality standards and appropriate requirements of State law. 3. This Order is not intended and shall not be construed to apply to any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to subsection 3855(b) of chapter 28, title 23 of the California Code of Regulations, and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. 4. This Order is conditioned upon total payment of any fee required under title 23 of the California Code of Regulations and owed by the Permittee. 5. In the event of any violation or threatened violation of the conditions of this Order, the violation or threatened violation shall be subject to any remedies, penalties, processes, or sanctions as provided for under State and federal law. For purposes of Clean Water Act, section 401(d), the applicability of any State law authorizing remedies, penalties, processes, 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 Order. E. General Compliance 1. Failure to comply with any condition of this Order shall constitute a violation of the Porter -Cologne Water Quality Control Act and the Clean Water Act. The Permittee and/or discharger may then be subject to administrative and/or civil liability pursuant to Water Code section 13385. 2. If the conditions of this Order 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 Santa Ana Water Board may require that the Permittee submit a Report of Waste Discharge and obtain Waste Discharge Requirements. 3. Permitted actions shall not cause a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving waters, as adopted in the Basin Plan and subsequent Basin Plan Amendments or in any applicable State Water Resources Control Board water quality control plan or policy. The source of any such discharge shall be eliminated as soon as practicable. Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 4. In response to a suspected violation of any condition of this Order, the Santa Ana Water Board may require the holder of this Order to furnish, under penalty of perjury, any technical or monitoring reports the Santa Ana Water Board deems appropriate, provided that the burden, including costs, of the reports bears a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. The additional monitoring requirements ensure that permitted discharges and activities comport with any applicable effluent limitations, water quality standards, and/or other appropriate requirement of State law. 5. The Permittee shall, at all times, fully comply with engineering plans, specifications, and technical reports submitted to support this Order and all subsequent submittals required as part of this Order. The conditions within this Order and Attachments supersede conflicting provisions within Permittee submittals. 6. This Order and all of its conditions contained herein continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project. For purposes of Clean Water Act, section 401(d), this condition constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements of State law. F. Administrative 1. Signatory requirements for all document submittals required by this Order are presented in Attachment C of this Order. 2. This Order does not authorize any act that results in the taking of a threatened, endangered, or candidate species, or any act that is now prohibited or becomes prohibited in the future under either the California Endangered Species Act (Fish and Game Code, sections 2050-2097) or the federal Endangered Species Act (Title 16 U.S. Code sections 1531-1544). If a "take" will result from any act authorized under this Order held by the Permittee, the Permittee shall obtain authorization for the take prior to any construction or operation of the portion of the Project that may result in a take. The Permittee is responsible for meeting all requirements of the applicable endangered species act for the Project authorized under this Order. 3. The Permittee shall grant Santa Ana Water Board staff or an authorized representative (including an authorized contractor acting as a Water Board representative), upon presentation of credentials and other documents as may be required by law, permission to: a. Enter upon the Project or compensatory mitigation site(s) premises where a regulated facility or activity is located or conducted, or where records are kept; b. Have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order; c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; d. Sample or monitor for the purposes of assuring Order compliance. 4. A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of this Order shall remain at the Project Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors. 5. A copy of this Order shall be available at the Project site(s) during construction for review by site personnel and agencies. All personnel performing work on the Project shall be familiar with the content of this Order and its posted location at the Project site. G. Construction 1. Dewatering: Construction dewatering discharges, including temporary stream diversions necessary to carry out the Project, are subject to regulation by Santa Ana Water Board Order No. R8 2020-0006, General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimis) Threat to Water Quality. 2. Construction General Permit Requirement: The Permittee shall maintain compliance with conditions described in, and required by, NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ; NPDES No. CAS000002) and any subsequent approvals. 3. Good Site Management "Housekeeping": a. A Storm Water Pollution Prevention Plan (SWPPP) shall be developed by the construction contractor prior to Project implementation. The SWPPP shall include measures to prevent sediment from entering the watercourse during construction. b. BMPs for effective perimeter control shall be in place at all times to control the discharge of pollutants from the Project site during construction. Construction waste shall be contained and protected against wind and exposure to storm water at all times, unless being actively handled. Chemical, fuel, and lubricant containers shall be kept closed and protected from damage or upset at all times, unless being actively used. Dirt and landscaping material stockpiles shall have effective erosion control BMPs in place to prevent their transport in storm water or directly into the channel and shall not be located in any waters of the United States. Discharges of wastewater from the Project site are prohibited. c. Substances resulting from Project -related activities and that could be harmful to aquatic life shall not be discharged to soils or waters of the State. These substances include but are not limited to petroleum lubricants and fuels, cured and uncured cements, epoxies, paints and other protective coating materials, Portland cement concrete or asphalt concrete, and washings and cuttings thereof. All waste concrete shall be removed from the Project site. d. Motorized equipment shall not be maintained or parked in or near any stream crossing, channel, or lake margin in such manner that petroleum products or other pollutants from the equipment might enter these areas under any flow conditions. Vehicles shall not be driven, or equipment shall not be operated on -site in waters of the State onsite, except as necessary to complete the proposed Project. e. Prior to construction activities, the Permittee shall delineate the work area with brightly colored fencing or other methods to ensure temporary impacts to waters of Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 the United States and waters of the State do not exceed the limits authorized in this Certification. 4. Hazardous Materials: During construction activities, the Permittee shall comply with local, State, and federal laws and regulations regarding the handling and storage of hazardous substances. 5. Storm Water: The Project shall comply with the local regulations associated with the Santa Ana Water Board's Municipal Stormwater Permit issued to Orange County and co- permittees under NPDES No. CAS618030 and Waste Discharge Requirements Order No. R8-2010-0030, and subsequent iterations thereof. XIII. Certification Deviation A. Minor modifications of Project locations or predicted impacts may be necessary as a result of unforeseen field conditions, necessary engineering re -design, construction concerns, or similar reasons. Some of these prospective Project modifications may have impacts on water resources. For purposes of this Certification, a Certification Deviation is a Project locational or impact modification that does not require an immediate amendment of the Order because the Santa Ana Water Board has determined that any potential water resource impacts that may result from the change are sufficiently addressed by the Order conditions and the CEQA Findings. After the termination of construction, this Order will be formally amended to reflect all authorized Certification Deviations and any resulting adjustments to the amount of water resource impacts and required compensatory mitigation amounts. B. A Project modification shall not be granted a Certification Deviation, if it warrants or necessitates changes that are not addressed by the Order conditions or the CEQA environmental document such that the Project no longer qualifies for a categorical exemption. In this case, a supplemental environmental review and different Order will be required. XIV. Water Quality Certification I hereby issue the Order (SARWQCB WDID # 302019-17) for the American Legion Bulkhead Repair Project. This Order certifies that any discharge from the referenced Project will comply with the applicable provisions of Clean Water Act 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), as long as all of the conditions listed in the Order are met. This discharge is also regulated pursuant to State Water Resources Control Board Water Quality Order No. 2003-0017-DWQ, which authorizes this Order to serve as Waste Discharge Requirements pursuant to the Porter -Cologne Water Quality Control Act (Water Code, sections 13000 et seq.). Except insofar as may be modified by any preceding conditions, all Order actions are contingent on compliance with all applicable requirements of Statewide Water Quality Control Plans and Policies and the Santa Ana Water Board's Basin Plan and Policies. Page 2 of 13 American Legion Bulkhead Repair SARWQCB WDID # 302019-17 Hope Smythe Hope A. Smythe Executive Officer Santa Ana Water Quality Control Board Reg. Meas. ID: 434340 Place ID: 861335 Digitally signed by Hope Smythe Date: 2020.10.01 14:15:36-07'00' Attachment A Project Map(s) Attachment B Report and Notification Requirements Attachment C Signatory Requirements Page 2 of 13 Date i 11 r _ y . wp I _ , pica IWO w a�'1. is Q r American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment A SARWQCB WDID # 302019-17 Place ID: 861335 Page 2 of 2 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 Copies of this Form II In order to identify your Project, it is necessary to include a copy of the Project -specific Cover Sheet below with your report (see page 3). Please retain for your records. III Report Submittal Instructions 11 II 1. Check the box on the Report and Notification Cover Sheet next to the report or notification you are II submitting. • Part A (Annual Report): Submitted annually from the anniversary of the Project effective date until a Notice of Project Complete Letter is issued. • Part B (Project Status Notifications): Used to notify the Santa Ana Water Board of the status of the Project schedule that may affect Project billing. • Part C (Conditional Notifications and Reports): Required on a case -by -case basis for accidental discharges of hazardous materials, violation of compliance with water quality standards, notification of in -water work, or other reports. 2. Sign the Report and Notification Cover Sheet and attach all information requested for the Report Type. 3. Electronic Report Submittal Instructions: • Submit signed Report and Notification Cover Sheet and required information via email to: RB8-401 Reporting(a).waterboards.ca.gov • Include in the subject line of the email: Subject: ATTN: Marc Brown; Reg. Measure ID: 434340 Report. Definition of Reporting Terms 1. Active Discharge Period: The active discharge period begins with the effective date of this Order and ends on the date that the Permittee receives a Notice of Completion of Discharges Letter or, if no post -construction monitoring is required, a Notice of Project Complete Letter. The Active Discharge Period includes all elements of the Project, including site construction and restoration, and any Permittee responsible compensatory mitigation construction. 2. Request for Notice of Completion of Discharges Letter: This request by the Permittee to the Santa Ana Water Board staff pertains to projects that have post construction monitoring requirements (e.g., if site restoration were required to be monitored for five (5) years following construction). Santa Ana Water Board staff will review the request and send a Completion of Discharges Letter to the Permittee upon approval. This letter will initiate the post -discharge monitoring period and a change in fees from the annual active discharge fee to the annual post -discharge monitoring fee. 3. Request for Notice of Protect Complete Letter: This request by the Permittee to the Santa Ana Water Board staff pertains to projects that either have completed post -construction monitoring and achieved performance standards, or have no post -construction monitoring requirements and no further Project activities are planned. Santa Ana Water Board staff will review the request and send a Project Complete Letter to the Permittee upon approval. Termination of annual invoicing of fees will correspond with the date of this letter. Page 1 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 4. Post -Discharge Monitoring Period: The post -discharge monitoring period begins on the date of the Notice of Completion of Discharges Letter and ends on the date of the Notice of Project Complete Letter issued by the Santa Ana Water Board staff. The Post -Discharge Monitoring Period includes continued water quality monitoring or compensatory mitigation monitoring. 5. Effective Date: October 1, 2020 III Map/Photo Documentation Information II When submitting maps or photos, please use the following formats. Map Format Information: Preferred map formats of at least 1:24000 (1" = 2000') detail (listed in order of preference): • GIS shapefiles: The shapefiles shall depict the boundaries of all Project areas and extent of aquatic resources impacted. Each shape should be attributed with the extent/type of aquatic resources impacted. Features and boundaries should be accurate to within 33 feet (10 meters). Identify datum/projection used and, if possible, provide map with a North American Datum of 1983 (NAD83) in the California Teale Albers projection in feet. • Google KML files saved from Google Maps: My Maps or Google Earth Pro. Maps shall show the boundaries of all Project areas and extent/type of aquatic resources impacted. Include URL(s) of maps. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted. • Other electronic format (CAD or illustration format) that provides a context for location (inclusion of landmarks, known structures, geographic coordinates, or USGS DRG or DOQQ). Maps shall show the boundaries of all Project areas and extent/type of aquatic resources impacted. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted. • Aquatic resource maps marked on paper USGS 7.5-minute topographic maps or Digital Orthophoto Quarter Quads (DOQQ) printouts. Maps shall show the boundaries of all Project areas and extent/type of aquatic resources impacted. If this format is used, include a spreadsheet with the object ID and attributed with the extent/type of aquatic resources impacted. 2. Photo -Documentation: Include a unique identifier, date stamp, written description of photo details, and latitude/longitude (in decimal degrees) or map indicating location of photo. Successive photos should be taken from the same vantage point to compare pre/post construction conditions. Page 2 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 REPORT AND NOTIFICATION COVER SHEET III Project: American Legion Bulkhead Repair Permittee: City of Newport Beach SARWQCB WDID: 302019-17 Reg. Meas. ID: 434340 Place ID: 861335 111 Order Effective Date: October 1, 2020 111 Report Type Submitted -. .. Report Type 1 ❑ Annual Report Part B 7Wject Status Notifications Report Type 2 - -------------------------------------------------------------- Elm Com-----------------encement ------------------- of ------ Construction --------------------------------------------------------------------------------------------- ----------------------------eport Typ3 - ---Re----------------------------------------------------------------- ❑ Requst for Noticof mpletion of e --------------------------------e---------Co------------------------------------------------Discharges----------------Letter ---------------------------------------------------- Report Type 4 ❑ Request for Notice of Project Complete Letter m Report Type 5 ---------------------- ❑ Accidental Discharge of Hazardous Material Report ------------ Report Type 6 -- ElViolation of Compliance with Water Quality Standards Report ---- ---------------- Report T -- ype 7 ----- ❑ In -Water Work and Diversions Water -Qualit- y Monitoring - ---Report- ------------------ ---------------------------------------------- Report Type 8 ❑ Modifications to Project Report Report Type 9 - El ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Transfer of Property Ownership Report Report Type 10 ❑ Transfer of Long -Term Best Management Practices (BMPs) Maintenance Report Page 3 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Print Name Affiliation and Job Title I Signature Date 'STATEMENT OF AUTHORIZATION (include if authorization has changed since application was submitted) I hereby authorize to act in my behalf as my representative in the submittal of this report, and to furnish upon request supplemental information in support of this submittal. Permittee's Signature Date *This Report and Notification Cover Sheet must be signed by the Permittee or a duly authorized representative and included with all written submittals. Page 4 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 r Part A — Project Reporting Report Type 1 Annual Report Report Purpose Notify the Santa Ana Water Board staff of Project status during both the active discharge and post -discharge monitoring periods. When to Submit Annual reports shall be submitted each year by the effective date. Annual reports shall continue until a Notice of Project Complete Letter is issued to the Permittee. Report Contents The contents of the annual report shall include the topics indicated below for each Project period. Report contents are outlined in Annual Report Topics below. During the Active Discharge Period • Topic 1: Construction Summary • Topic 2: Mitigation for Temporary Impacts Status • Topic 3: Compensatory Mitigation for Permanent Impacts Status During the Post -Discharge Monitoring Period • Topic 2: Mitigation for Temporary Impacts Status • Topic 3: Compensatory Mitigation for Permanent Impacts Status ReportV Annual .. Annual Report Topic 1 Construction Summary When to Submit With the annual report during the Active Discharge Period. Report Contents 1. Project progress and schedule, including initial ground disturbance, site clearing and grubbing, road construction, site construction, and the implementation status of construction storm water BMPs. If construction has not started, provide estimated start date and reasons for delay. 2. Map showing general Project progress. 3. If applicable: a. Summary of Conditional Notification and Report Types 6 and 7 (Part C below). b. Summary of Certification Deviations. Annual Report Topic 2 Mitigation for Temporary Impacts Status When to Submit With the annual report during both the Active Discharge Period and Post - Discharge Monitoring Period. Report Contents 1. Planned date of initiation and map showing locations of mitigation for temporary impacts to waters of the State and all upland areas of temporary disturbance which could result in a discharge to waters of the State. Page 5 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 2. If mitigation for temporary impacts has already commenced, provide a map and information concerning attainment of performance standards contained in the restoration plan. Annual Report Topic 3 Compensatory Mitigation for Permanent Impacts Status When to Submit With the annual report during both the Active Discharge Period and Post - Discharge Monitoring Period. Report Contents *If not applicable report N/A. Part A. Permittee Responsible 1. Planned date of initiation of compensatory mitigation site installation. 2. If installation is in progress, a map of what has been completed to date. 3. If the compensatory mitigation site has been installed, provide a final map and information concerning attainment of performance standards contained in the compensatory mitigation plan. Part B. Mitigation Bank or In -Lieu Fee (ILF) 1. Status or proof of purchase of credit types and quantities. 2. Include the name of bank/ILF Program and contact information. 3. If ILF, location of project and type if known. Page 6 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 Part B — Project Status Notifications Report Type 2 Commencement of Construction Report Purpose Notify Santa Ana Water Board staff prior to the start of construction. When to Submit Must be received at least seven (7) days prior to start of initial ground disturbance activities. Report Contents 1. Date of commencement of construction. 2. Anticipated date when discharges to waters of the State will occur. 3. Project schedule milestones, including a schedule for onsite compensatory mitigation, if applicable. Report Type 3 Request for Notice of Completion of Discharges Letter Report Purpose Notify Santa Ana Water Board staff that post -construction monitoring is required and that active Project construction, including any mitigation and permittee responsible compensatory mitigation, is complete. When to Submit Must be received by Santa Ana Water Board staff within thirty (30) days following completion of all Project construction activities. Report Contents 1. Status of storm water Notice of Termination(s), if applicable. 2. Status of post -construction storm water BMP installation. 3. Pre- and post -photo documentation of all Project activity sites where the discharge of dredge and/or fill/excavation was authorized. 4. Summary of Certification Deviation discharge quantities compared to initial authorized impacts to waters of the State, if applicable. 5. An updated monitoring schedule for mitigation for temporary impacts to waters of the State and Permittee responsible compensatory mitigation during the post -discharge monitoring period, if applicable. Report Type 4 Request for Notice of Project Complete Letter Report Purpose Notify Santa Ana Water Board staff that construction and/or any post - construction monitoring is complete, or is not required, and no further Project activity is planned. When to Submit Must be received by Santa Ana Water Board staff within thirty (30) days following completion of all Project activities. Report Contents Part A: Mitigation for Temporary Impacts 1. A report establishing that the performance standards outlined in the restoration plan have been met for Project site upland areas of temporary disturbance that could result in a discharge to waters of the State. 2. A report establishing that the performance standards outlined in the restoration plan have been met for restored areas of temporary impacts to waters of the State. Pre- and post -photo documentation of all restoration sites. Page 7 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 Part B: Permittee Responsible Compensatory Mitigation 1. A report establishing that the performance standards outlined in the compensatory mitigation plan have been met. 2. Status on the implementation of the long-term maintenance and management plan and funding of endowment. 3. Pre- and post -photo documentation of all compensatory mitigation sites. 4. Final maps of all compensatory mitigation areas (including buffers). Part C: Post -Construction Storm Water BMPs 1. Date of storm water Notice of Termination(s), if applicable. 2. Report status and functionality of all post -construction BMPs. Page 8 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 Part C — Conditional Notifications and Reports II Report Type 5 Accidental Discharge of Hazardous Material Report Report Purpose Notifies Santa Ana Water Board staff that an accidental discharge of hazardous material has occurred. When to Submit Within five (5) working days following the date of an accidental discharge. Continue reporting as required by Santa Ana Water Board staff. Report Contents 1. The report shall include the OES Incident/Assessment Form, a full description and map of the accidental discharge incident (i.e., location, time and date, source, discharge constituent and quantity, aerial extent, and photo documentation). If applicable, the OES Written Follow -Up Report may be substituted. 2. If applicable, any required sampling data, a full description of the sampling methods, including frequency/dates and times of sampling, equipment, locations of sampling sites. 3. Locations and construction specifications of any barriers, including silt curtains or diverting structures and any associated trenching or anchoring. Report Type 6 Violation of Compliance with Water Quality Standards Report Report Purpose Notifies Santa Ana Water Board staff that a violation of compliance with water quality standards has occurred. When to Submit The Permittee shall report any event that causes a violation of water quality standards within three (3) working days of the noncompliance event notification to Santa Ana Water Board staff. Report Contents The report shall include: the cause; the location shown on a map; and the period of the noncompliance, including exact dates and times. If the noncompliance has not been corrected, include: the anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and any monitoring results, if required by Santa Ana Water Board staff. Report Type 7 In -Water Work and Diversions Water Quality Monitoring Report Report Purpose Notifies Santa Ana Water Board staff of the completion of in -water work. When to Submit Within three (3) working days following the completion of in -water work. Continue reporting in accordance with the approved water quality monitoring plan. Report Contents As required by the approved water quality monitoring plan. Page 9 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment B SARWQCB WDID # 302019-17 Place ID: 861335 Report Type 8 Modifications to Project Report Report Purpose Notifies Santa Ana Water Board staff if the Project, as described in the application materials, is altered in any way or by the imposition of subsequent permit conditions by any local, State, or federal regulatory authority. When to Submit If Project implementation as described in the application materials is altered in any way or by the imposition of subsequent permit conditions by any local, State, or federal regulatory authority. Report Contents A description and location of any alterations to Project implementation. Identification of any Project modifications that will interfere with the Permittee's compliance with the Order. Report Type 9 Transfer of Property Ownership Report Report Purpose Notifies Santa Ana Water Board staff of change in ownership of the Project or Permittee-responsible mitigation area. When to Submit At least ten (10) working days prior to the transfer of ownership. Report Contents 1. A statement that the Permittee has provided the purchaser with a copy of this Order and that the purchaser understands and accepts: a. the Order's requirements and the obligation to implement them or be subject to administrative and/or civil liability for failure to do so; and b. responsibility for compliance with any long-term BMP' maintenance plan requirements in this Order. 2. A statement that the Permittee has informed the purchaser to submit a written request to the Santa Ana Water Board to be named as the permittee in a revised order. Report Type 10 Transfer of Long -Term BMP Maintenance Report Report Purpose Notifies Santa Ana Water Board staff of transfer of long-term BMP maintenance responsibility. When to Submit At least ten (10) working days prior to the transfer of BMPs maintenance responsibility. Report Contents A copy of the legal document transferring maintenance responsibility of post - construction BMPs. Best Management Practices (BMPs) is a term used to describe a type of environmental or water pollution control. Page 10 of 10 American Legion Bulkhead Repair Project Reg. Meas. ID: 434340 Attachment C SARWQCB WDID # 302019-17 Place ID: 861335 SIGNATORY REQUIREMENTS All Documents Submitted In Compliance With This Order Shall Meet The Following Signatory Requirements: 1. All applications, reports, or information submitted to the Santa Ana Regional Water Quality Control Board (Santa Ana Water Board) shall be signed and certified as follows: a) For a corporation, by a responsible corporate officer of at least the level of vice-president. b) For a partnership or sole proprietorship, by a general partner or proprietor, respectively. c) For a municipality, or a State, federal, or other public agency, by either a principal executive officer or ranking elected official. 2. A duly authorized representative of a person designated in items 1.a through 1.c above may sign documents if: a) The authorization is made in writing by a person described in items 1.a through 1.c above. b) The authorization specifies either an individual or position having responsibility for the overall operation of the regulated activity. c) The written authorization is submitted to the Santa Ana Water Board staff contact prior to submitting any documents listed in item 1 above. 3. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Page 1 of 1 From: Zaher, Maher(abWaterboards To: Miller, Chris Cc: Garvey, Kimberly; Yemane. Miriam CIV USARMY CESPL (USA) Subject: American Legion Bulkhead Repair Project (WDID No. 302019-17) Amendment Request Date: Tuesday, March 8, 2022 7:50:41 AM Attachments: 302019-17 CERT American Leaion Bulkhead Repair.odf CAUTION: This email originated from outside of the organization. Mr. Miller, The Santa Ana Water Board received an amendment request for the American Legion Bulkhead Repair Project (WDID No. 302019-17; Project) on August 12, 2021. The request was submitted by Moffatt & Nichol on behalf of the City of Newport Beach. Santa Ana Water Board staff have determined the proposed modifications would not require an amendment to be issued until construction has concluded, per Section XIII (Certification Deviation) of the existing 401 Water Quality Certification (WQC). The WQC was issued on October 1, 2020, and is attached for your reference. The proposed modifications to Project activities would include installation of a stabilizing steel wale beam and tie -backs along the length of the bulkhead, without replacing or raising the bulkhead cap. Please ensure the Project complies with all surveying and monitoring requirements as outlined in the Caulerpa Control Protocol (noaa.gov). Bulkhead repair is considered to be a bottom disturbing activity (see page 2). Thank you, Maher A. Zaher Water Resource Control Engineer Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 (951) 394-9506 APPENDIX C BULKHEAD WALL INSPECTION REPORT 1/11 moffatt & nichol 4225 E. Conant St. Long Beach, CA 90808 (562)590-6500 www.moffattnichol.com MEMORANDUM To: Chris Miller, Public Works Manager— City of Newport Beach (City) From: Jerry Holcomb, Project Manager — Moffatt & Nichol (M&N) Date: November 14, 2019 (Revision 01) Subject: American Legion Post 291 (AL) — Bulkhead Wall Inspection and Condition Assessment City Project No.: 161-111 M&N Job No.: 10176-05 Moffatt and Nichol (M&N) has been retained by the City of Newport Beach (City) to provide professional engineering services for inspection, assessment and identification of necessary repairs, and developing the design for the repairs to the existing bulkhead wall at the American Legion Post 291 (AL). Identified damages to the concrete cap have led to concern that the deficiencies could result in operational use limitations or pose a risk to public safety. Statement of Qualifications M&N has more than 70 years of experience in waterfront, infrastructure, and coastal engineering projects. This experience includes a specialized expertise in a variety of practice areas, including ports, harbors, coastal environments, and urban waterfronts. A specialty of the firm is the evaluation and design of waterfront facilities, including timber, concrete, and steel piers, wharves, and bulkhead walls. Since 1965, M&N has performed more than 2,500 marine structural investigations. The M&N Inspection and Rehabilitation (I&R) Practice draws from the capabilities of more than 30 engineer -divers and other structural engineering experts. M&N's engineer -diver experienced skill set provides clients with a team focused on the unique characteristics of the deterioration of structural materials in the marine environment. Field investigations for the AL bulkhead wall inspection and condition assessment were led by Jerry Holcomb, PE, on July 11"', 2019 to assess the condition of the existing bulkhead wall. The inspection was conducted in accordance with the American Society of Civil Engineers -Manual 130 "Waterfront Facilities Inspection and Assessment" (ASCE Manual 130) standard practices. Mr. Holcomb holds a bachelor's degree in Civil/Structural Engineering from California State Polytechnic University, Pomona and is a registered civil engineer in the state of California, Certificate No. C80027. He has more than eleven (11) years of waterfront structural inspection and design experience and has previous experience in preparation of reports for the California Coastal Commission CDP application process, and previous approval. Background Available record drawings indicate that the existing bulkhead wall was originally constructed between 1957-1958. There are no records of previous repairs or alterations to the existing bulkhead wall. Maintenance dredging in the American Legion Marina area was completed by the City in 2011. Minimum offsets from the bulkhead wall were provided as part of the dredge project to avoid impacts to the existing structure. No dredging is being proposed as part of this bulkhead repair project. ,,,q Page 1 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum The total length of the existing bulkhead wall is approximately 330 feet and is depicted in Figure 1. The wall consists of interlocking precast concrete sheet piles with a cast -in -place concrete cap. For the majority of the wall (Main Wall Section), approximately 295 linear feet, tiebacks are embedded in the cap. Tiebacks do not exist along the eastern -most portion of the wall (Tapered Wall Section), approximately 35 linear feet. The existing top -of -cap elevation ranges from +7.5 ft to +9 ft MLLW along the Main Wall Section 295-foot segment and from +2 feet to +7.5 feet MLLW along the eastern- most Tapered Wall Section 35-foot segment. Handrails for public safety are attached to the top of the bulkhead cap. Figure 1: Bulkhead Wall Inspection Limits Scope of Services As part of the preliminary engineering studies, M&N conducted a field investigation to assess the current condition of the bulkhead wall. The inspection was conducted in accordance with ASCE's Manual 130 up to the Level II inspection level of effort. This includes visual inspection of the bulkhead wall (above water only) and selective cleaning and inspection by probing with hand tools at various locations. From the visually observable features of the bulkhead wall, an assessment of each component's condition can be made, and a repair strategy prepared. For the purposes of the investigation and repair strategy, the bulkhead wall is divided into two segments: The Main Wall Section, which supports the parking lot and clubhouse building, and the eastern -most Tapered Wall Section, which supports part of the clubhouse patio and retains the soil on the beach adjacent to the clubhouse. The boundaries of each wall region are provided in Figure 1. The Scope of Work for this effort included above water inspection of the approximately 330 linear feet of reinforced concrete bulkhead wall, as follows: ,,,q Page 2 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum ➢ Above Water Inspection: o Visually inspect concrete bulkhead wall including interlocking sheet piles, concrete cap, and appurtenances (railing, utilities, and gangway attached to wall) visible from the surface. ➢ Provide summary report with photographs and a description of the findings of the bulkhead wall inspection. The draft report is to be submitted as soon as possible after inspection and to be prepared in accordance with the City of Newport Beach Title 21 requirements (Section 21.30.015.E.3). ➢ Exclusions: o Assessment excludes the existing building foundations, patio, and sidewalk slabs. o Assessment excludes providing underwater inspections of existing bulkhead wall. o Assessment excludes ASCE Manual 130 Level III inspection efforts (material sampling, coring, and analysis). Non-destructive structural testing is also excluded. o Assessment excludes the bulkhead wall tiebacks, which are buried and not easily accessible. o Additionally, defects to utilities that are supported by the bulkhead wall and support the marina, parking lot, and general site lighting were noted, but detailed inspections of existing utilities were not conducted. Existing Design Documents A preliminary inspection and repair recommendations report was previously prepared by M&N in 2018. This previous report is attached as Appendix D, and this memorandum serves as an update to that previous report. In addition, record drawings for the construction of the bulkhead wall in its current configuration are included in Appendix C. Inspection and Assessment Observations Inspection and Assessment Criteria ASCE Manual No. 130, "Waterfront Facilities Inspection and Assessment" includes standardized element -level damage ratings for structural elements of the various materials found in waterfront structures' components and systems. The basic terms used to rate the damage of each element are listed below and are used in this report to describe the severity of defects observed on structural elements. ➢ NI — Not Inspected ➢ ND — No Defects ➢ MN — Minor Damage ➢ MD — Moderate Damage ➢ MJ — Major Damage ➢ SV — Severe Damage ,,,q Page 3 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum In addition, the ASCE Manual No. 130 includes standardized overall system condition assessment ratings for the general overall condition of waterfront structures' systems. These ratings are important in establishing the priority of follow-up actions, particularly when multiple structures are included in the inspection program. The basic terms used to rate the damage of the overall structural systems are listed below and will be used in this report to describe the severity of defects observed on overall structural systems. • 6— Good • 5 — Satisfactory • 4 — Fair • 3 — Poor • 2 — Serious • 1 — Critical Repair recommendations are divided into four (4) repair priority categories: ➢ Priority Repairs — Components assigned a rating of "Severe" should be repaired or replaced immediately. ➢ Short-term Repairs — Complete repairs within 1-5 years. Those defect items that have been identified as having "Major Damage" should be monitored closely until repair has been completed. ➢ Long-term Repairs — A lower -priority repair is recommended for items identified as having "Moderate Damage." It is anticipated components will require repairs or replacement within the next 5-10 years or following a significant storm, seismic, or other significant event. ➢ Deferred Maintenance Repairs — The lowest priority is given for ongoing maintenance items for "Minor Damage." Components should continue to be monitored with follow-on inspections every five (5) to ten (10) years or following a significant storm, seismic, or other significant event. Observations and Assessment Element -level ratings were found to be similar for both the Main Wall Section and Tapered Wall Section. Investigations found the bulkhead cap to have defects ranging from "severe" to "moderate" in nature. The concrete cap has cracks greater than 1-inch wide, spalls have formed, repar has corroded, and portions of the concrete section have completely broken off at certain locations. Refer to Figure 2 through Figure 5. The existing steel tie rods providing bracing to the cap beam were not observed in this investigation. However, given the condition of the cap beam, it is likely that the tie rods have a diminished capacity or are also of a structurally deficient disposition. The precast concrete sheet piles within the Main Wall Section and Tapered Wall Section were both observed to have defects ranging from "moderate" to "minor," but to be in generally overall fair condition. Overall -system ratings for the bulkhead wall have determined the wall to be in "Serious" condition, in accordance with overall structural system condition assessment ratings identified in the Inspection and Assessment Criteria portion of this memo. This structural condition rating is mainly due to localized ,,,q Page 4 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment November 14, 2019 M&N # 10176-05 Memorandum sections of the concrete cap (totaling more than approximately 100 linear feet of cap) with significant cracking and spalling, which raises concerns regarding the stability of the wall in that region if repairs are not made. If not for the condition of the cap in these localized areas with "Severe" cracking, the bulkhead wall would have received an overall "Fair" condition rating. Based on the extent of structural element deficiencies identified during this investigation, it is our recommendation that reparative measures are necessary to maintain structural integrity of the existing bulkhead wall. Repairs should be conducted under the "Priority" repair directive and implemented as soon as possible. ➢ Main Wall Section (Sta 00+00 to Sta 02+95): Severe deterioration and cracking A- 117- fill Figure 2: Concrete Spall — Serious Defect Figure 3: Concrete Spall — Serious Defect ➢ Tapered Wall Section (Sta 02+95 to Sta 03+30): Severe deterioration and cracking `WV� Figure 4: Concrete Spall — Serious Defect % Figure 5: Concrete Spall — Serious Defect kkV Page 5 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment November 14, 2019 M&N # 10176-05 Memorandum Although not the specific intent of the bulkhead wall inspection and assessment, the site investigations identified several other existing deficiencies that should be conducted concurrent with the bulkhead wall cap repair or features that could be impacted by any proposed repairs to the bulkhead wall. These include minor cracks in the sheet pile panels, utility relocations, gangway connection relocations, and a nearby deteriorated floating dock pile requested at the direction of the City to be included under the recommended repair directives and are shown in Figure 6 through Figure 14 below. Figure 6: Concrete Crack in Sheet Pile Panel - Moderate Defect Figure 8: Navigation Light at End of Tapered Wall Figure 7: Existing Electrical Panel and Jib Crane Foundation Figure 9: Existing Light Poles and Handrail k6Ih6r Page 6 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment November 14, 2019 Figure 10: Broken Pipe Support Strap - Minor Defect Figure 12: Conduit on Top of Cap M&N # 10176-05 Memorandum Figure 11: Gangway and Ramp VAN Figure 13: Conduit on Face of Wall Figure 14: Pile with Concrete Spall - Serious Defect N, Ahbl ., pagc 7 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum Repair Recommendations Bulkhead Wall Repair Recommendations It is recommended that repairs to the existing concrete bulkhead wall cap take place immediately to maintain structural integrity. The concept drawings for the proposed bulkhead wall cap repairs are included in Appendix A of this report. In general, the proposed repair project includes: ➢ Demolition of the existing concrete bulkhead wall cap and metal handrails along wall. ➢ Installation of new concrete bulkhead wall cap with a top of wall elevation of +10.6 feet NAVD88 (+10.8 feet MLLW), per the City's Waterfront Project Guidelines and Standards, 2017 Edition, and current recommendations of the Coastal Hazards Report requirements for the high -emissions, low -risk aversion sea level rise scenario. The new concrete cap will be designed such that the top of cap elevation may later be further increased to +13.6 feet NAVD88 (+13.8 feet MLLW) in a future capital improvements project to account for the medium -high risk aversion SLR projections at a 75-year time horizon. ➢ Installation of a new steel wale just below the existing cap and approximately 23 new drill -and - grout tieback anchors to provide bracing for the new concrete cap (the existing tieback rods will be abandoned in place). ➢ Installation of new metal handrails on the top of bulkhead wall cap. The new handrail will be such that the top of handrail elevation will be 42 inches above the finished parking lot grade in compliance with building code requirements. ➢ Potential temporary relocation and re -installation of security lighting, access gangway, and miscellaneous utility repairs that supply the marina along the seaward side of bulkhead cap during construction. ➢ Epoxy grout patching of cracks and spalls in the existing sheet pile wall section below the cap. ➢ Although deficiencies in existing concrete sheet pile panels were identified as ranging from "Minor" to "Moderate", it is recommended crack repairs to these members be addressed as part of this priority repair project to avoid further deterioration. These components could have a reasonable remaining service life provided ongoing maintenance and inspections are performed as necessary. The replacement bulkhead cap is expected to have a 75-year economic design life. The existing precast sheet piles which are to remain are already over 60 years old. The typically economic design life for this type of structure is 50 years. Therefore, ongoing maintenance and repairs are recommended for the sheet pile wall in order for the overall structural system is to achieve a 75-year economic design life. All wall segments and components should continue to be monitored with follow-up inspections every three (3) to five (5) years or following a significant storm wave or other significant event. Additionally, maintenance staff should continue to take preventive measures to slow deterioration of the wall including, but not necessarily limited to, painting, sealing of cracks with epoxy or mortar, and replacement of corroded or leaky utilities adjacent to the bulkhead wall. ,,,q Page 8 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum Bulkhead Wall Alignment The proposed improvements will not result in a change of use or expansion of use for the existing facility. Additionally, the repairs will be conducted using the existing concrete sheet pile alignment, so there will be no seaward encroachment associated with the project. The objective is to restore the original design capacity of the wall via an "in -kind" replacement of the bulkhead cap and tieback anchors. The primary deviation from the original design will be to raise the top of new bulkhead cap to comply with the City's current top of wall elevation requirements. This will reduce the risk of impacts from sea level rise for the existing site structures going forward, however the repairs do not consider providing additional structural capacity beyond that of the existing bulkhead wall. Bulkhead Wall Top of Wall Elevation The existing top of wall elevation ranges from +7.5 feet to +9 feet MLLW along the Main Wall Section 295-foot segment and from +2 feet to +7.5 feet MLLW along the eastern -most Tapered Wall Section 35-foot segment. The current City Harbor Design Criteria (HDC-2017) calls for the minimum elevation of the top of the bulkhead to be +10.0 feet MLLW (HDC, p. 28) or greater depending on the susceptibility to wave or wake overtopping and design sea level rise scenario. The risk of large waves or wakes occurring at the project site is relatively low, given the location of the bulkhead wall within the harbor. The minimum design elevation for wave or wake driven design criteria is based on the Highest Observed Tide (HOT) of +7.9 feet MLLW (based on NOAA Tide Station 94310660 located in the Port of Los Angeles) with a design wave or wake height +2 feet. This results in a top of wall elevation of +9.7 feet MLLW. The minimum design wall elevation for sea level rise driven design criteria is based on using the HOT of +7.9 feet MLLW as a base line tide elevation and adding a Sea Level Rise Scenario of +2.9 feet based on a high emissions, low -risk aversion interpolated over a 75-year period. This results in a proposed top -of -wall elevation of +10.6 feet NAVD88 (+10.8 feet MLLW), which controls the design top of wall elevation for this project. The medium -high risk aversion SLR projections at a 75- year time horizon extend beyond the proposed bulkhead repair design. However, if these projections come to fruition, the proposed bulkhead repair design can accommodate a future additional concrete cap of up to an elevation of +13.6 feet NAVD88 (+13.8 ft MLLW). Bulkhead Wall Geologic Conditions The proposed repairs will be conducted above the waterline except for some minor epoxy or grout patching of the sheet pile wall; therefore, the improvements will not have an impact on future sand transport or erosion patterns. Given the limited impacts of the proposed improvements on the waterfront, preparation of a Geologic Stability Report per City of Newport Beach Title 21 (Section 21.30.015.E.4) is assumed to not be required or to be limited in nature. A brief geotechnical report has been prepared to identify relevant soil parameters from the values assumed in the original design or from recently completed nearby projects. These soil parameters will be utilized to develop recommended tieback capacities. Per the HDC-2017, the replacement tie back system will be designed to include measures for resistance against corrosion. The primary elements at risk are the steel wale, steel tiebacks, and steel reinforcement in the bulkhead wall cap. Several methods are available for protecting these elements ,,,q Page 9 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum including galvanic anode cathodic protection, as well as tiebacks with corrosion resistant sheathing and specialty connections using grease or cement grout. The new steel wale will be fully encased in concrete per the details in Appendix A. Additionally, the concrete/grout mix specified will be appropriate for corrosion inhibition in marine environments. Estimates of Probable Construction Costs Consistent with the "priority -repair" recommendations, the repairs defined in this report are recommended to be accomplished as soon as feasible. An estimate of the probable construction cost to repair the bulkhead wall cap has been prepared. The proposed repair plan consists of the following basic elements: • General Requirements (mobilization/demobilization, bonds & insurance, and misc. allowances) • Demolition & Construction Waste Management (including Best Management Practices to minimize environmental impacts) • Bulkhead System Repair Construction (bulkhead wall cap, tieback system, site lighting, and miscellaneous items) • Project Soft -Costs, General Conditions, and Contingencies Refer to Appendix B for the detailed construction cost estimate, excluding design and permitting fees. Actual bids received may vary from cost estimates presented herein depending on method of construction proposed by the general contractor. Furthermore, the permitting process for this bulkhead cap replacement project is assumed to require a typical level of effort for a facility within the same region and without any unique environmental or regulatory requirements, mitigation, or monitoring that would impact the cost estimate. Table 1: Preliminary Bulkhead Wall Repair Cost Estimate This preliminary cost estimate is an opinion, based on professional judgement and experience utilizing historical and current data. In providing opinions of construction costs, it is recognized that neither the City of Newport Beach nor M&N has control over the cost of labor, equipment, materials, or the ,,,q Page 10 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum contractor's means and methods of determining constructability, pricing, or schedule. This opinion of probable cost is based on our reasonable professional judgment and experience and does not constitute a warranty, expressed or implied, that cost estimates presented will not vary from actual contractor's bids received or negotiated prices for the work. Construction Considerations The construction duration is estimated to be 4 months at this level of design. The design intent is to replace the existing bulkhead cap and tiebacks in kind. Ongoing coordination will be required during construction between the project stakeholders for sequencing construction activities. The boats that are docked adjacent to the bulkhead wall will need to be temporarily relocated while the tiebacks are installed. Additionally, some of the boats stored in the parking lot adjacent to the bulkhead will need to be temporarily relocated as well. Temporary dismantling of existing floating docks may also be required to provide access for construction equipment. There is one gangway which joins the bulkhead to the floating dock. A temporary gangway will need to be provided while this portion of the bulkhead is being replaced to maintain access. A new gangway bracket connection will be installed once the bulkhead is complete, and it is suggested that any new gangway or ramp improvements be brought up to current code requirements to comply with applicable ADA requirements. The bulkhead cap repair will also impact existing site utilities and safety features including security lighting, handrails, electrical panels, potable water lines, and miscellaneous utilities that supply the marina along the seaward side of bulkhead cap. Temporary traffic control measures will be needed during construction to keep pedestrians away from the bulkhead edge until a replacement railing can be installed. New railings and lighting will be installed consistent with current code requirements. Several utilities will need to be replaced or relocated. A complete inventory of the existing utilities was not within the scope of the site investigation, but observations were made based on the readily visible services. One of the landside electrical service panels is exhibiting extensive wear and there has been some interest expressed in upgrading it as it will need to be relocated for the bulkhead cap replacement. Some cost savings could be obtained by completing the upgrades concurrent with the bulkhead repair project to take advantage of contractor mobilization costs. It is recommended that prior to preparing construction documents the City and M&N agree on a conceptual design plan that outlines all proposed site improvements. Prior to bid, M&N will provide coordination with local marine contractors to determine construction sequencing and installation techniques for this project. M&N will also provide support to the City during construction to assist in coordination with the contractor and to review submittals for general consistency between the installations and design intent. ,,,q Page 11 American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum Appendix A Concept Plans hihqq EXISTING O 5 O 0 . EXISTING MARINA ±191.01' NEW CAST -IN -PLACE cc) T CONCRETE CAP, TYP. EXISTIN GANGW 0 0 o , �z a • o da � o w a �m o �J aea Q / AMERICAN LEGION YACHT CLUB W v �W WO J � m - JIB CRANE A E IS T G NEW DRILL —AND —GROUTED z 3: u FOUNDATION FLAG POLE TIE —BACK ANCHOR, TYP. O O O O O cD ru � E XSTI G AR IN LOT LU J Z3 m CONCEPT PLAN z SCALE: 1 "=30' U 0) z EXISTING GROUND Q SURFACE NEW CONCRETE J 00� I- Cnw CAP Q CD CONCEPT NOTES _ 1Q Demolish Existing Concrete Cap. 2Q Install Drill —and —Grouted Tie —Back Anchors (23 Total) 30 Install New Steel Wale and Cast —in —Place Concrete Cap. EXISTING CONCRETE 4 O Install New Cast —in —Place Concrete Ca Only. p Y• NEW DRILL —AND —GROUTED SHEET PILES _ -Z ® Protect Existing In —Place TIE —BACK ANCHORILI} v o TYPICAL SECTION SCALE: 1 "=1 0' E 2.00' +10.8 MLLW G 0 ° New Concrete Cap Existing Parking O Lot Surface A 4 +9 MLLW d A v a co Existing Concrete Sheet Piles a a v O New Steel Wale 8 New Grouted Tie —Back (Typical) 0 v a +7 MLLW TYPICAL SECTION SCALE: 1 "=1 0' CONCEPT NOTES Q Demolish Existing Concrete Cap. Q Install Drill —and —Grouted Tie —Back Anchors (23 Total) Q Install New Steel Wale and Cast —in —Place Concrete Cap. ® Install New Cast —in —Place Concrete Cap Only. Q New Steel Wale and Tie —Backs to have High Performance Corrosion Protection. 1/11 moffatt & nichol AMERICAN LEGION BULKHEAD REPAIR Figure 2 - Typical Section at New Cap American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum Appendix B Detailed Construction Cost Estimate kk�^F American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum Appendix C Existing Bulkhead Wall Record Drawings ba'INO cr i 10 4g Wol moss &,,,l "" -5`9,1%,/ce- 50v� # t is220 0' 1 "Yla' e Nll f /,3` American Legion Post 291 — Bulkhead Wall Inspection and Condition Assessment M&N # 10176-05 November 14, 2019 Memorandum Appendix D 2018 Design Concept Report L^r City of Newport Beach, CA American Legion Bulkhead Repair Concept Report AMERICAN LEGION YACHT CLUB BULKHEAD REPAIR CONCEPT CONCEPT REPORT Prepared for: City of Newport Beach, CA Prepared by: h4hiq moffatt & nichol 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 (562) 426-9551 MN File: 8880 Task 8 June 2018 ®®®� City of Newport Beach, CA American Legion Bulkhead Repair Concept Report moffatt & nichoi REPAIR CONCEPT FOR AMERICAN LEGION YACHT CLUB BULKHEAD REPAIR IN NEWPORT BAY 1.0 INTRODUCTION This American Legion Yacht Club Bulkhead repair concept report is in association with the project identified as "On -Call Professional Services Agreement with Moffatt & Nichol for On -Call Marine Engineering Services" (Task 8). The on -call services agreement that Moffatt & Nichol (M&N) is providing these professional services under is Contract No. N62742-09-D-0002 with the City of Newport Beach for the Harbor Resources Division (City). This work consists of field investigation and documentation of findings with the intent of providing existing condition information that will be beneficial to the development of .repair concepts and their extents. The initial field investigation was performed as a routine above water visual inspection to assess the condition of the waterfront structures, and present our recommendations for rehabilitation in a report. This field investigation by M&N personnel under the supervision of the project manager James Crumpley, P.E., on June 9, 2016. The field work was performed by Mike Breitenstein P.E. and J. J. Lee, part of M&N Inspection and Rehabilitation group.. This is a report of our preliminary findings and concepts. 1.1 Scope of Work The purpose of the facility investigations and this rehabilitation assessment report is to gather and present information to assist in the evaluation of potential alternative solutions for public dock facility rehabilitation. The rehabilitation solutions for various sections of this waterfront may range from no action to structural repairs and/or replacement considering a variety of potential methods. The Scope of Work for these tasks is outlined as follows: A. Above Water Visual Field Investigation. Perform inspection of exposed above water structural elements, making note of general deterioration types, frequency, .and ®®®`111 moffatt & nichoi City of Newport Beach, CA Public Dock Rehabilitation Assessment Report limits. Locate and document specific unique damage or deterioration details. As above water inspection tasks include: • Concrete sheet pile bulkhead and concrete cap. Observe and note deficiencies in overall structural integrity of the elements and ability to continue to perform consistent with the original design. • Photographic Record. Take photographs sufficient to document overall condition and major features and appurtenances along the waterfront. B. Develop Repair Concepts for Various Deterioration Conditions. C. Provide Report with Recommended Repair Concepts and Field Investigation Findings. Prepare a report presenting repair concepts along with inspection findings and observed deficiencies 2.0 FIELD INVESTIGATION AND FINDINGS The above water visual inspection was performed in accordance with the Scope of Work detailed in Section 1.1.A. of this report. The concrete sheet pile bulkhead was visually inspected from the water side during low tide to see the general condition of the sheet piles. The general condition of the sheet piles was good, and no repair to the sheets is recommended at this time. The concrete cap was inspected at greater detail and varies from minor to moderate repairable damage to severe damage requiring full replacement. The results of the visual inspection are presented in a table listing by location along the wall the observed conditions along with supporting photograph numbers. This table along with the referenced photographs are included in Appendix A of this report. 3.0 CONCEPT DEVELOPMENT The portions of the concrete cap minor to moderate repairable damage should be repaired removal of deteriorated concrete, cleaning of reinforcing steel, and replacement of the concrete to the original section; or epoxy injection of cracks not showing rust stains. Page 2 moffatt & nichol City of Newport Beach, CA Public Dock Rehabilitation Assessment Report There are two portions of the cap requiring replacement. The portion of the cap at the east end of the bulkhead which is cantilevered, and be removed and replaced in kind. The portion of the cap at the parking lot is not as easily replaced. This cap has tie -backs embedded in the cap which support the lateral loads of the bulkhead. Removing the cap will make these tie -backs ineffective and result in instability in the bulkhead. Therefore, it is necessary to provide the function of the tie -backs separately prior to the cap. The proposed concept is to place a new steel wale just below the existing cap and install new drilled and grouted tie -backs similar to those installed for the new bulkheads for Marina Park.. Once the new tie -back are in place and load tested, then the concrete cap can be removed and replaced with a new concrete cap. Figures 1 and 2 on the following pages present a plan and section respectively for these concepts. Concept level calculations were prepared and are include in Appendix B of this report. Prepared by: MOFFAT & NICHOL James R. Crumpley Project Manager Page 3 4 O a PRO T LINE 0- W f19� OGNG Y1 .7' O 35' .3 �'± 8.2 DRAIN 3 1 Q EXISTING TIE -BACK a ° � W a CRANE AND 0O TYPICAL X 2 = a F UNDATION �J 5 4 NEW GROUTED TIE -BACK C: o TYPICAL U CID L fu Yz NViA z aQ a Q Q AMERICAN LEGION YACHT CLUB zz W O cn J D L QQ 8.4 6 X I X 9.2 X z E, B. � a 85 � U 9.4 C w a CONCEPT PLAN CONCEPT NOTES SCALE: 1 "-30' 10 Spall and Crack Repair of Existing Concrete Cap. 2Q Install Grouted Tie —Back Anchors (14 Total) 30 Install New Steel Wale. O c ® Remove and Reconstruct Concrete Cap. A Q5 Protect Crane & Foundation. _ } v © Existing "New" Cap — No Repair Needed. o E Parking Lot Surface a) c � g New Concrete Cap C� w New Steel Wale 2 HSS5x5x.5 S=14.33 Ina Existing Concrete Sheet Piles New Grouted Tie —Back (Typical) Applied Unfactored Load P=22 Kips TYPICAL SECTION SCALE: 1 "-1 0' CONCEPT NOTES 10 Install Grouted Tie —Back Anchors at 9' O.C. (14 Total) 20 Install New Steel Wale with High Performance Corrosion Protection. 30 Remove and Reconstruct Concrete Cap.. ,", � AMERICAN LEGION BULKHEAD REPAIR moffatt & nichol Figure 2 - Typical Section at New Cap