Loading...
HomeMy WebLinkAboutC-9557-1 - Citywide Public Dock Rehabilitationj r CITY OF NEWPORT BEACH t V 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 Before 11:00 AM on the 26t" day of August, 2024, at which time such bids shall be opened and read for CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 $1,603,000 Engineer's Estimate roved ( James M. Houlihan Deputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=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, Project Manager at (949) 644-3043 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S :• DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 E City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) 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. 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, 2nd 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. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Once before the Bid Opening. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. 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, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in 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. 8. In accordance with the California Labor Code (Sections 1770 et seq), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, 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 serf. 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: 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 fumish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has be n vi wed. 709151 A, B, HAZ f Financial Officer Contractor's License No. & Classification Au orized Signa I 1000002928 expires June 30, 2025 August 21, 2024 DIR Registration Number & Expiration Date Date Jilk Heavy Construction, Inc. Bidder 5 City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 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 the Total Amount Bid Dollars ($ 10% of amount bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CITYWIDE PUBLIC DOCK REHABILITATION, Contract No. 9557-1 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 22nd day of PA)gust 2024. JA Heavy Construction, Mc. WVF P 14446h3 , CFO Name of Contractor (Principal) Authorized Si i Old Republic Surety Company / Name of Surety 4utho d Agent Signatur PO BOX 1635 MILWAUKEE, WI 53201 - 1635 Address of Surety (714) 505-7011 Telephone Martha Barreras, Attorney -In -Fact Print Name and Tifle (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j On AUG 2 2 2024 , before me, Albert Melendez , Notary Public, personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the person(X) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that bke/she/tAy executed the same in his/her/tkir authorized capacity(ixs), and that by his/her/their signature(so on the instrument the person(,Y), or the entity upon behalf of which the person(X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENDEZZ 4otary Public . California 111 Orange County Commission i 2391461 My Comm. Ex:ires Jar 23. 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE CA/ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Signer(s) Other than Named Above: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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) Thumbprint of Signer 70 Capacity(ies) claimed by Signer(s): Trustee Power of Attomey CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: FA Check here if no thumbprint or fingerprint is available. 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 underthe laws of the State of California thatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. 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 ) 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) �As v nt Secrets STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Martha Barreras of Tustin, CA its true and lawful Attorneys)-ira-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognzances or other written obligations in the nature thereof, (other than ball bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (1) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (I) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seat be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 1st day of March 2024 .•`JG 8UR6T . W cnvw.rt \ o i =" SEAL O `low OLD REPUBLfC SURETY COMPANY 414- PreSKfent On this 1st day of March 2024 , personalty came before me, Alan Paylic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. M1 �r/(JA Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this Instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. ,1\Illlq l,,,i aC SUR cr. W' /`°—" c August 2024 740053 g SEAL ;> = Signed and sealed at the City of Brookfield, WI this 22Ad day of ORSC 22262(3-06) "*����°' ��,`%�/ t'�tj'�I Mss�lst �'t Secrefa �r �r OLD REPUBLIC SURETY CONIPANX 445 S Mourldwi RoA, Swi% 2410, Bivolficid. %4I 5 N S T tiLO-2 F-1-112 .N a « ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old Republic Surety Company_ Old Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seal was physically stamped or impressed onto the bond(s). All terms and conditions of the bond(s) remain unchanged_ Signed and effective this twelfth day of May, 2020. Old Re ubli rely Company By. 4o Alan Pavlic, President 411 n Ri:P[ Ri W ISSVIIA WV GROT CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 44 ' wifflMMIMM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On August 26, 2024 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/rift subscribed to the within instrument and acknowledged to me that he/sbe/tkay executed the same in his/fXr/th$Qr authorized capacity(W), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(tQ acted, executed the instrument. ANNAUSAPAILA Notary Public • CAdforliia lamy Orange CountyCommission N 24a1207 Comm. Expires may 14. 2028 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Si ure of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Jeremiah Jilk Signer's Name: I@ Corporate Officer — Title(s):Chief Financial Officer[] Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. Oc 2019 National Notary Association City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT 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 prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Jilk Heavy Construction, Inc. Bidder 9 of Financial Officer A thorized Signature/T City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Jilk Heavy Construction, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 �}� V- 10 Aoi(m 5 Project Name/Number Project Description NW TouVAI'll C,I m(gorifiy 5 Approximate Construction Dates: From g1P'_1 To: Si 3 Agency Name pyj of L05 R�Ides Contact Person Awt;r lcwc(l Telephone Original Contract Amount $ R1 04 "1 ""'Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N4 Alt Lk54 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. ND 10 No.2 5 Pier Project Name/Number ct gto tt Project Description N Ai P,(f Approximate Construction Dates: From 7JUIR To: Agency Name �S Njtkpoal PcL/ 7 5VV« Contact Person L'J' Gns're.(je Telephone (16)14R •�3� d Original Contract Amount $ 1 Final Contract Amount $, O-X M!11(61 If final amount is different from original, please explain (change orders, extra work, etc.) % L J 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 �1 1 Project Name/Number 0I. M51- Viy kJ114i Rge6 pw-1 Project Description (4�1►�����C�'tP/)t JJ Approximate Construction Dates: From To: H(a.ca.y Agency Name 611 Y W' Q;g,aas llt 1 t - Contact Person a�oA Merf-j- Telephone (76A) If3S'Sbry Original Contract Amount $g•TM�11;� Final Contract Amount $ S•RJQ1;# J If final amount is different from original, please explain (change orders, extra work, etc.) A kkty 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. Md 11 No. 4 Project Name/Number dq (u[i G Of.,46-1c,41 wak Project Description Can C�l1 qco}�h��4� L�nSFi►+��'•^ w�' Approximate Construction Dates: From - ` fit% To: Agency Name C ►�'i e f �A A400 Contact Person ?'tkriLV Telephone ( ) Original Contract Amount $ U►M Final Contract Amount $ 73 M►AVI� If final amount is different from original, please explain (change orders, extra work, etc.) A &� A v`c w fork o r�5'7 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. �o Project Name/Number 0A (Alt�,eAcft�G Qt,�r P6tTwc Project Description Cmye+t' Approximate Construction Dates: From �`� To: AU q% J Agency Name PflT 6� Le111 Ibe�h Contact Person RAo TP',wk r'bs Telephone Original Contract Amount $ �-W&AVur'Pinal Contract Amount $ 6-1 Milli-4 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. 00 12 AyWrProject Name/Number _ (gnta'dr Project Description CB4ade.- rGJ►4,' r Approximate Construction Dates: From t Agency Name -o it 9 P ".111 To: 7lwx Contact Person _ u M TriSa ms Telephone a) Xb3' 700 Original Contract Amount $ 4 MA -hnal Contract Amount $ a-S Al ` 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 Project— Name/Number�ktAP t � ��crlWoLd.1 R!6(,5 Project Description _ Aar rC*%t; r Approximate Construction Dates: From 7 Agency Name C+} jo: CAA Contact Person X"AP11C 6%4,4u Telephone (110) Original Contract Amount $ I IA,*final Contract Amount $IR-ri 3-0 M)111 b,1 rq 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. IVa 12 Projjeectt Name/Number 64 (44 6•Lcmv Pau` 4cjr.5 Project Description Nr k4 r S Approximate Construction Dates: From -11« 7 Agency Name (AY D p Re" " Contact Person Gar• Itint Tr;vb Telephone (ab) _dig -006 Original Contract Amount $ 000 Final Contract Amount $_ mTwr- Alit, 0 I If final amount is different from original, please explain (change orders, extra work, etc.) /iMALL # i M 4 k SCE+► C 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. NC9 KO-04i Project Name/Number On Gt if ��fr cS Project Description P►tr aTvrf Approximate Construction Dates: From 4 1% To: Agency Name $a�>�4Ai(,q, Contact Person _ _ RAC" Wet (& Telephone (0) ILM -?Q-O Original Contract Amount $ 000 Final Contract Amount $_lt4 n O60 If final amount is different from original, please explain (change orders, extra work, etc.) (lisS 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. N9 12 /° S 1 Ib t� tT 6-0%!J* R Project Name/Number e� n _ i ,gD4i'r Project Description Pier KGt�4fr 5- Approximate Construction Dates: From Agency Name _ al Of e J Btrtd, Contact Person pw'l 0, 17, Telephone ( _q3 1-25-;t7 Original Contract Amount $ I•—A114inal Contract Amount $ •�� �llr�� If final amount is different from original, please explain (change orders, extra work, etc.) MAC! Sweb - -- - 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. t Project Name/Number V et U' d4+1 UjTI&,[,te r Project Description C7c�`i S Approximate Construction Dates: From __.! IW7:5 To: Agency Name Cill OF` V A - Contact Person q &rAkd( Telephone (W) M-453-x Original Contract Amount $ t 00 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 12 N '& I:k Project Name/Number 1i-� of Av%6g GwA fit' Project Description ? v � + Approximate Construction Dates: From To: Agency Name C,}y et 6,61 Contact Person _ o4 &WA v W Telephone (W ) 510 ^62-P Original Contract Amount $27AP00 Final Contract Amount $Mbbo If final amount is different from original, please explain (change orders, extra work, etc.) W 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 Project Name/Number Scuppigv creek- fr*64 -roy�sr Project Description New tM4 )' LZT! !-� Approximate Construction Dates: From 11 °-W3 To: g.;Wxq Agency Name C "1 A10 WwrP6 ' Ae404 Contact Person f D b 5 f'C t n Telephone (1,41 Igg ,3pa Original Contract Amount $ 3,1 N` 1"'Pinal Contract Amount $ 3.1 Al 11 v') 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. 0 12 No. ll Picr m ` n(1l�tf Project Name/Number QU�ow We�GKIc�"►�� P�ay� Project Description R('�°� Approximate Construction Dates: From a•°ti3 To: SIB Agency Name r! l�y_AF5VAU MoNk Contact Person Ja5s1 j Telephone ('40) Original Contract Amount $`P'� Final Contract Amount $ LZ MiKld1 If final amount is different from original, please explain (change orders, extra work, etc.) Nh 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. Na No. R T Project Name/Number Ok Ca( P1e l("5 Project Description r1 Lr �ci�a�r5 Approximate Construction Dates: From 5 As To: & Agency Name ( i� Z Of Vtn+w'ci Contact Person NI -Cole. Sgzv) Telephone (JOG) WPV16 Original Contract Amount $113,M6 Final Contract Amount $ 11 AI lin If final amount is different from original, please explain (change orders, extra work, etc.) A�. t l e %uy�p, cd( 5 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 No•XI6 W64 hr' Project Name/Number Project Description i (' t(4n aCucc Approximate Construction Dates: From 043 To: Agency Name �tr�ji 4` ((�ljabf� pjut,c� Contact Person fiftVor SWIOuS{- Telephone (qN$ Original Contract Amount $ ( 06 Final Contract Amount $ 1 M#00 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. 0 No. I7 Cr y5k i Rj ,C er & cS Project Name/Number / nn _ I Project Description COW `W y n` r' of ice°' i �i`tl' e 5 Approximate Construction Dates: From I To: 3)U;tu Agency Name C'�" drt xA (I (40 Contact Person Jon Telephone (6(4) s33- S413 Original Contract Amount $ '11006o Final Contract Amount $ S 1100 If final amount is different from original, please explain (change orders, extra work, etc.) Al-u� owt, start, 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. 00 12 No. IS ' IL Project Name/Number C6 �61W� 0% Cc"i Vco�tAieA `,Vves Project Description C-t^cj1w`1 geyl eAA44( G+'t t"cblvl Approximate Construction Dates: From 0,1%'0�'� To: P-1704 Agency Name C �Y of � Amfle-S Contact Person rr1�VfA Telephone (�I�j fg'N71a2 Original Contract Amount $ 500,000 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) NA,L t(ok wlcr5 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. Nv 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 fi sufficiently comprehensive to permit an appra conditions. Jilk Heavy Construction, Inc. Bidder 13 :ial statement and other information of the Contractor's current financial Sig Financial Officer City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of County Jeremiah Jilk being first duly sworn, deposes and says that heteFske is Chief Financial Officer of Jilk Heavy Construction, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to 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. declare under penalty of perjury of the laws of the to of California at the foregoing is true and correct. Jilk Heavy Construction, Inc. Chief Financial Officer Bidder A horized S nature ' le Subscribed and sworn to (or affirmed) before me on this day of 2024 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of Orange J} On August 21, 2024 before me, Date personally appeared Anna Lisa Paila. Notary Public Here Insert Name and Title of the Officer Jeremiah Jilk Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/am subscribed to the within instrument and acknowledged to me that he/sbe-A cey executed the same in his/IXr/thXr authorized capacity(tes), and that by his/her/their signature(z) on the instrument the person(s), or the entity upon behalf of which the person(9V acted, executed the instrument. 9 a ANNA LISA PAIL4 Notary Public • Caiifonia Orange County is Commission 8 2487207 y Comm. Expires May 14. 2028 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature n re of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Jeremiah Jilk Signer's Name: ® Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. '"AWN III AN ON OW 0,1190019 02019 National Notary Association City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 DESIGNATION OF SURETIES Bidder's name Jilk Heavy Construction, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Insurance: Venbrook Insurance 6320 Canoga Ave., 12th Floor, Woodland Hills, CA 91367 (818) 598-8984 Bonds: Performance Bonding Surety & Insurance Brokerage (714) 439-3584 Old Republic Surety Company 445 South Moorland Road, Suite 200, Brockfield, Wiscousin 53005 (714)505-7011 15 City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Jilk Heavy Construction, Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts [ �Z 57 31 3&1 lot] Total dollar Amount C ntractsf(in (3���r'+rw 3�'�'� 31 ws•�'► ,� 2.I r�w� 3�r+r+ 3) 1 b"I 11 Thousands of $ No. of fatalities Q 0 ( f No, of lost Cases U () , 0Workday 3 No. of lost workday cases involving /l V permanent O V [J transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. M. Legal Business Name of Bidder Jilk Heavy Construction, Inc. Business Address: 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 Business Tel. No.: (310) 830-6323 State Contractor's License No. and Classification: 709151 A, B, HAZ Entity Type: Corporation 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 Secretary 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 corporate 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 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On August 21, 2024 before me, Date personally appeared Anna Lisa Paila. Notary Public Here Insert Name and Title of the Officer Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(a) is/am subscribed to the within instrument and acknowledged to me that he/s4se/tkey executed the same in his/ter/thXr 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 ANNALISAPAILA ,� laws of the State of California that the foregoing Notary Public • Camonia paragraph is true and correct. Orange Counci F Commission N 2487207 WITNESS my hand and official seal. My Comm, Expires May 14, 202E � Signaturer—z5gpk Place Notary Seal and/or Stamp Above Si nature of Notary Public A 1'ITIh\I A I Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s)-Chief Financial Officer ® Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. Jilk Heavy Construction, Inc. @2019 National Notary Association City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Jilk Heavy Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. D e eceived Signat re ry 18 City of Newport Beach CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 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: Jilk Heavy Construction, Inc. Business Address: 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 Telephone and Fax Number: (310) 830-6323 T (310) 835-2163 F California State Contractor's License No. and Class: 709151 A, B, HAZ (REQUIRED AT TIME OF AWARD) Original Date Issued: July 5, 1995 Expiration Date: July 31, 2025 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: David Van Wagner, Progect Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone James Jilk President 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 Joshua Jilk Vice President 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 Jeremiah Jilk Secretary 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 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: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Jilk Heavy Construction, Inc. 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: N/A Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; 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 com fiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes JJJ 20 Are any claims or actions unresolved or outstanding? Yes M 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. Jeremiah Jilk (PrinA name of Owner or President of q rporation/C*pany) ___- Jilk Heavy Construction, Inc. Bidder Aut rized Sig Chief Financial Officer Title August 21, 2024 Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. Notary Public in and for said State My Commission Expires: 21 (SEAL) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On August 21, 2024 before me, Dote personally appeared Anna Lisa Paila, Notary Public Here Insert Name and Title of the Officer Jeremiah Jilk Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(B) whose name(s) is/as-s subscribed to the within instrument and acknowledged to me that he/she/that' executed the same in his/tXr/thXr authorized capacity(bes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(14 acted, executed the instrument. ,, ' ANNA LISA PAILA Noury Public • calHornia Z=� orange County Commission N 2487207 00My Comm. Expires May 14, 2028 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signs re of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Jeremiah Jilk Signer's Name: 91 Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. )2019 National Notary Association ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF JILK HEAVY CONSTRUCTION, INC. The undersigned, as members of the Board of Directors of Jilk Heavy Construction, Inc., a California corporation, and being all of the members of such Board as presently constituted, do by this writing consent to take the following action and adopt the following resolution effective November 15, 2019: RESOLVED, that JAMES F. JILK, as Chief Executive Officer of the corporation, and JEREMIAH T. JILK, as Secretary and Chief Financial Officer, are each individually, as officers of the corporation, authorized on behalf of the corporation to submit bids, execute bonds (including, but not limited to, bid bonds, performance bonds, payment bonds, and warranty bonds), enter into and execute contracts (including change orders), and take such other acts or actions, and execute such other documents as may be necessary for the corporation's normal construction operations. This action is executed pursuant to the provisions of Section 307(b) of the California Corporations Code and Article III, Section 13 of the Bylaws of this corporation, which authorize the taking of action by the directors of the corporation without a meeting. This document is directed to be filed with the minutes of the proceedings of the corporation. J SHULA l ; . L -" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CITYWIDE PUBLIC DOCK REHABILITATION Contract No. 9557-1 Project No. 24H02 DATE: August 21, 2024 BY: A. Jim Houlihan, City Engineer TO: ALL PLAN HOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. 1. Request For Information (Q&A) a. Attached to this addendum are responses to questions submitted by the deadline on August 19, 2024 at 11:00 a.m. Bidders must sign this Addendum No.1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. � crtwkA V i I t./%, Bidder's Name (Please Print) rized Signature & Attachments: 1. Bid Questions and Answers (August 21, 2024) City of Newport Beach Citywide Public Dock Rehabilitation (9557-1), bidding on 08128/2024 11:00 AM (PDT) Page I of 4 Printed 08/26/2024 Bid Results Bidder Details Vendor Name Jilk Heavy Construction, Inc. Address 500 S. Kraemer Blvd, Suite 308 Brea, California 92821 United States Respondee Jeremiah Jilk Respondee Title Chief Financial Officer Phone 310-830-6323 Email jeremiah@jilkhc.com Vendor Type CADIR License # 709151 CADIR 1000002928 Bid Detail Bid Format Electronic Submitted 08/26/2024 9:08 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 392047 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-9557-1 Jilk Heavy Construction.pdf BID SUBMITTAL C-9557-1 Jilk Heavy Construction.pdf General Attachment Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond C-9557-1 Jilk Heavy Construction.pdf Bid Bond PlanetBids City of Newport Beach Citywide Public Dock Rehabilitation (9557-1), bidding on 082612024 11:00 AM (PDT) Page ^_ of 4 Printed 06/26/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach Page 3 of 4 Citywide Public Dock Rehabilitation (9557-1), bidding on 08/26/2024 11:00 AM (PDT) Printed 08/26/2024 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 $1,296,000.00 1 Mobilization/Demobilization/ General Requirements LS 1 $300,000.00 $300,000.00 Yes 2 Prepare and Implement Construction Staging LS 1 $42,000.00 $42,000.00 Yes 3 Prepare and Implement Site BMP Plan LS 1 $10,000.00 $10,000.00 Yes 4 Demolish and Dispose Existing Floating Docks, Piles and Gangways LS 1 $115,000.00 $115,000.00 Yes 5 Construction Waste Management and Dlspsoal Fees LS 1 $70.000.00 $70,000.00 Yes 6 Furnish and Install Floating Docks and Related Utilities LS 1 $590,000.00 $590,000.00 Yes 7 Furnish and Install New Guide Pile (12-Inch Square) LS 1 $27,000.00 $27,000.00 Yes B Furnish and Install New Guide Pile (14-Inch Square) LS 1 $96,000.00 $96,000.00 Yes 9 Furnish a nd Install New Gangways LS 1 $45,000.00 $45,000.00 Yes 10 Provide As -Built Plans (Fixed) LS 1 $1,000.00 $1,000.00 Yes PlanelBids City of Newport Beach Citywide Public Dock Rehabilitation (9557-1), bidding on 08/26/20'24 11:00 AM (PDT) Page 4 of 4 Printed 08/26/2024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $1,296,000.00 $1,296,000.00 PlanetBids CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL AND SPECIAL PROVISIONS CITYWIDE PUBLIC DOCK REHABILITATION PROJECT NO. 241-102 CONTRACT NO. C-9557-1 CONSTRUCTION SET May 2024 tF0IVRL PREPARED BY: h1dh1q 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 3 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 8 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 7-10.5 Security and Protective Devices 9 7-10.5.3 Steel Plate Covers 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 11 PART 2 - CONSTRUCTION MATERIALS 11 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 11 201-1 PORTLAND CEMENT CONCRETE 11 201-1.1 Requirements 11 201-1.1.2 Concrete Specified by Class and Alternate Class 11 201-2 REINFORCEMENT FOR CONCRETE 11 201-2.2 Steel Reinforcement 11 201-2.2.1 Reinforcing Steel 11 PART 3 - CONSTRUCTION METHODS 12 SECTION 300 - EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 300-1.3.1 General 12 300-1.3.2 Requirements 12 PART 6 - TEMPORARY TRAFFIC CONTROL 12 SECTION 600 - ACCESS 13 600-1 GENERAL 13 600-2 VEHICULAR ACCESS 13 600-3 PEDESTRIAN ACCESS 13 SECTION 601— WORK AREA TRAFFIC CONTROL 13 601-1 GENERAL 13 601-2 TRAFFIC CONTROL PLAN (TCP) 14 601-3 WATERSIDE TRAFFIC CONTROL PLAN (WTCP) 14 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 50 00 TEMPORARY FACILITIES AND CONTROLS SECTION 01 74 00 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL SECTION 01 78 00 CLOSEOUT PROCEDURES SECTION 02 00 01 BASIC SITE MATERIALS AND METHODS SECTION 02 41 00 DEMOLITION SECTION 05 05 14 TREATING DAMAGED GALVANIZING SECTION 05 50 00 METAL FABRICATIONS SECTION 09 90 00 PAINTING AND COATING SECTION 10 14 00 SIGNAGE SECTION 26 20 05 MARINA ELECTRICAL SECTION 31 62 13 PRESTRESSED CONCRETE PILES SECTION 33 05 10 MARINA PIPING AND EQUIPMENT SYSTEMS SECTION 35 51 35 FLOATING DOCK SYSTEM SECTION 35 59 20 GANGWAYS AND FABRICATIONS SECTION 35 59 40 MARINE TIMBER CONSTRUCTION 3. APPENDIX A REGULATORY PERMIT INFORMATION [iv] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CITYWIDE PUBLIC DOCK REHABILITATION PROJECT NO. 241-102 CONTRACT NO. C-9557-1 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-5280-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2022 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings 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 2-1 AWARD AND EXECUTION OF THE CONTRACT Page 1 of 14 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 floating dock, dock support piles, access gangway, and gangway platform. Existing utilities and other features are to be protected in place unless noted to be replaced. 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 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. Page 2 of 14 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 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 Page 3 of 14 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. 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. Page 4 of 14 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. It is anticipated that field construction activities will commence after the summer season / Labor Day. 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. The public piers are heavily used by the boating public primarily for access to and from the offshore mooring fields. Each public pier will be closed for public use/access for the absolute minimal number of days. At no time shall the following piers be closed concurrently: • 19th Street, 15th Street and Fernando Street • Coral Avenue and Opal Avenue • Emerald Avenue and Sapphire Avenue 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within TWO HUNDRED [200] 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. Page 5 of 14 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 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 1It (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 It (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 14 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. 7-2 LABOR 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 affected Page 7 of 14 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 a 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 14 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 include Page 9 of 14 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 Demolish and Dispose of Existing Floating Docks and Piles to Facilitate Installation of New Floating Docks: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing floating dock, concrete guide piles to complete the new floating dock construction as noted on the drawings. Cost for disposal of the dock and piles shall also be included under this bid item. Item No. 5 Demolish, Salvage, and Re -install Existing Miscellaneous Utilities: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removal, disposal, salvage, and re -installation of the existing utilities as noted on the drawings. Existing floats, utilities, and other dock features which conflict with the proposed work shall be demolished or relocated as noted. Item No. 6 Construction Waste Management and Disposal Fees: Work under this item shall include, but not be limited to, all labor, tools, equipment, storage fees, disposal fees, and material costs for disposing of waste materials generated during the duration of the work. Item No. 7 Furnish and Install New Floating Docks: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish and install new floating docks and amenities. Costs to design the dock details necessary for construction in accordance with the contract documents shall also be included in this bid item. Contractor shall verify that the combined floating dock and guide pile system meets all applicable City requirements. Item No. 8 Furnish and Install New Guide Pile (12-Inch Square): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish and install new guide piles. Item No. 9 Furnish and Install New Guide Pile (14-Inch Square): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to furnish and install new guide piles. Page 10 of 14 Item No. 10 Furnish and Install Gangways: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs to construct gangways, connection to the gangway landing at existing piers, and waterside gangway to floating dock transition. This item shall include all miscellaneous plates, hardware, and fasteners necessary to complete the work in place. Costs to design the gangway details necessary for construction in accordance with the contract documents shall also be included in this bid item. Item No. 11 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 -built 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 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 3-inch minimum cover unless shown otherwise on the plans. Page 11 of 14 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 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 Page 12 of 14 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 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, boardwalks 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 Page 13 of 14 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. 601-3 WATERSIDE TRAFFIC CONTROL PLAN (WTCP) Waterside traffic control should be in compliance with regulatory permits. • Work barge may encroach into the adjacent navigation channel during the working hours at each public pier location. After work hours each day, the work barge may not block the navigation channel in the evening unless allowed by the City. • The City will coordinate with contractor on nearest available area to moor/spud/anchor after working hours. • Depending on size of work barge and available water space adjacent to each float, the work barge may moor/spud alongside each float where feasible, and outside of the navigation channel. • It is not anticipated that any adjacent onshore moorings will need to be adjusted or moved during construction. Contractor shall notify the City during the preconstruction meeting if conflicts are anticipated. The City may either require the mooring permittee to relocate their vessel or the City may hire a mooring contractor to temporarily move the onshore mooring during construction. The City requires 2 weeks lead time to coordinate any requests for onshore mooring adjustments. Page 14 of 14 APPENDIX A REGULATORY PERMIT INFORMATION DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT 915 WILSHIRE BOULEVARD, SUITE 1109 LOS ANGELES, CALIFORNIA 90017-3409 July 1, 2024 SUBJECT: Nationwide Permit (NWP) Verification Chris Miller City of Newport Beach, Public Works 100 Civic Center Drive Newport Beach, California 92660 Dear Mr. Miller: I am responding to your request dated June 9, 2023, for a Department of the Army (DA) permit for your proposed project, Newport Harbor Public Docks Rehabilitation (File No. SPL-2023-00422-GS). The proposed project is located at ten public docks in Newport Harbor, within the city of Newport Beach, Orange County, California. (Latitude 33.603332°, Longitude-117.893908'). 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). 1 have determined your proposed project, if constructed as described in your application, would comply with Nationwide (NWP) 3 Maintenance. Specifically, and as shown in the enclosed figure(s), you are authorized to: 1. Temporarily impact 1002 square feet (sf) of navigable waters of the United States to perform maintenance on the 19th Street Dock. Work includes removal of a portion of the existing float dock to be replaced in kind, 142 (sf) of floating dock to be removed and 104 sf of dock to be added (net reduction of dock space of 38 sf), two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles); 2. Temporarily impact 931 sf of navigable waters of the United States to perform maintenance on the 15th Street Dock. Work includes removal of a portion of existing float dock to be replaced in kind, 82.5 sf of floating dock to be removed and 64 sf of dock to be added (net reduction of dock space of 18.5 sf), one existing pile to be removed and one new pile to be installed (no net increase in number or size of piles);. -2- 3. Temporarily impact 814.7 sf of navigable waters of the United States to perform maintenance on the Fernando Street Dock. Work includes removal of a portion of existing float dock to be replaced in kind; 4. Temporarily impact 384 sf of navigable waters of the United States to perform maintenance on the Washington Street Dock. Work includes removal of a portion of existing float dock to be replaced in kind, two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles); 5. Temporarily impact 425 sf of navigable waters of the United States to perform maintenance on the M Street Dock. Work includes removal of a portion of existing float dock to be replaced in kind, two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles); 6. Temporarily impact 425 sf of navigable waters of the United States to perform maintenance on the Coral Avenue Dock. Work includes removal of a portion of existing float dock to be replaced in kind, two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles); 7. Temporarily impact 425 sf of navigable waters of the United States to perform maintenance on the Opal Avenue Dock. Work includes removal of a portion of existing float dock to be replaced in kind, existing gangway to be replaced in kind, two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles); 8. Temporarily impact 585 sf of navigable waters of the United States to perform maintenance on the Emerald Avenue Dock. Work includes removal of a portion of existing float dock to be replaced in kind,160 sf of floating dock to be added, two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles); 9. Temporarily impact 425 sf of navigable waters of the United States to perform maintenance on the Sapphire Avenue Dock. Work includes removal of a portion of existing float dock to be replaced in kind, existing gangway to be replaced in kind, two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles); and, 10. Temporarily impact 425 sf of navigable waters of the United States to perform maintenance on the Park Avenue Dock. Work includes removal of a portion of existing float dock to be replaced in kind, existing gangway to be replaced in kind, two existing piles to be removed and two new piles to be installed (no net increase in number or size of piles). For this NWP 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: -3- 1. Within 45 calendar days of completion of authorized work in waters of the U.S., 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 U.S. was initiated and completed; 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 larger than 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 of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 3. No discharges of dredge or fill material is authorized by this permit. 4. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: A. The project involves the repair of existing structures that were originally constructed using wood products; B. The creosote treated pilings are wrapped in plastic; C. Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; D. The plastic wrapping is sealed at all joints to prevent leakage; and E. The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 5. No other modifications or work shall occur to the structure permitted herein. 6. 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 or petroleum products, hazardous/toxic/radioactive/munitions from construction or dredging or disposal shall be allowed to enter into or placed where it may be washed by rainfall or runoff Z� into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or altter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 8. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Local Notice to Mariners, 11 th Coast Guard District TEL: (510) 437-2980 Email: d11 LNM@uscg.mil Website: https://www.pacificarea.uscg.mi1/Our-Organization/District-11/Prevention- Division/LnmRequest/ U.S. Coast Guard, District 11, LA -LB Sector Captain of the Port (COTP) Email: d11-SMB-SectorLALB-WWM@uscg.mil For projects in San Diego County: U.S. Coast Guard Sector San Diego, Attn: LTJG Shelley Turner 2710 N. Harbor Dr. San Diego, California 92101 Attn: Ports and Waterways Division Tel: (619) 278-7261 Fax: (619) 278-7279 Email: Shelley. E.Turner@uscg.mil A. The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by -5- email with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). 3) Work start and completion dates and the expected duration of operations. The U.S. 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 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the Local Notice to Mariners: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." B. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. Not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that require relocation or removal, the Permittee shall notify, in writing, the Eleventh U.S. Coast Guard District and the Corps Regulatory Division. The Permittee and its contractor(s) 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. The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division and the U.S. Coast Guard. D. The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 9. The Permittee shall notify the Corps Regulatory Division of the date of commencement of work in navigable waters of the United States (within 10 M calendar days prior to the start of construction) and completion of the activity (within 10 calendar days following the end of construction) using the enclosed forms. 10. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project as -built survey indicating the location of all new structures and their features, or the modification of structures and their features, or post -dredge hydrographic surveys, within navigable waters. Within 45 calendar days of completion of the project, the Permittee shall forward a copy of the survey, as well as a copy of this permit, to the Corps Regulatory Division (via email at: Gerardo. Salas(cD-usace.army. mil), and to the National Oceanic and Atmospheric Administration, Marine Charting Division for updating nautical charts (via email at: ocs.ndb@noaa.gov) Post -project surveys/as-built plans should be provided electronically in two formats:.pts (xyz) and one of, .pdf or GIS. Include the following header metadata: 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. 11. A pre -construction survey of the project area for Caulerpa sp. (Caulerpa) shall be conducted by a certified Caulerpa surveyor in accordance with the Caulerpa Control Protocol (see https://media.fisheries.noaa.gov/2021-12/caulerpa-control- protocol-v5.pdf) not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction. The results of this survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFW. 12. Prior to construction, a pre -project eelgrass survey should be conducted in accordance with the California Eelgrass Mitigation Policy (CEMP) (https://media.fisheries.noaa.gov/dam-migration/cemp oct 2014 final.pdf). The results of the survey must be submitted to the Corps at least 15 calendar days prior to the scheduled start date for work in waters of the United States. If the pre -project survey demonstrates eelgrass presence within 25 feet of the project footprint, the Permittee shall conduct immediate post -construction eelgrass monitoring surveys per the mapping guidelines in NOAA Fisheries' California Eelgrass Mitigation Policy. -7- Permittee shall conduct two years of post -construction eelgrass monitoring at the Emerald Avenue dock and at other docks if the immediate post -construction eelgrass monitoring surveys indicate impacts and per the mapping guidelines in NOAA Fisheries' California Eelgrass Mitigation Policy (Policy) (https:Hmedia.fisheries.noaa.gov/dam-migration/cemp oct 2014 final.pdf). All required post -construction monitoring surveys shall be submitted by the Permittee to the Corps and NOAA Fisheries within 30 calendar days of each survey completion date. Based upon the post -construction two-year monitoring survey results and in accordance with the Policy, the Corps will determine the need and/or amount of Essential Fish Habitat (EFH) mitigation required to offset adverse impacts to such habitat. The Corps will transmit its determination to the Permittee in writing. Within 60 calendar days of receiving the Corps' determination specifying the need and amount of mitigation, the Permittee shall submit a draft EFH mitigation plan to the Corps for review and approval. The EFH mitigation plan shall be prepared in accordance with the Policy and the Corps' South Pacific Division Regional Compensatory Mitigation Guidelines and Monitoring Requirements, dated January 12, 2015. The Permittee shall fully implement the final EFH mitigation plan as approved by the Corps. 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 14, 2026, 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. 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 our regulatory program. If you have any questions, please contact me at (213) 321-0786 or via email at Gerardo. SalasCaD-usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at https://re.gulatory.ops.usace.armV.mil/customer- service-survey/. Sincerely, Gerardo Salas Senior Project Manager Orange & Riverside Counties Section South Coast Branch Regulatory Division Enclosures LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2023-00422-GS Name of Permittee: Chris Miller, City of Newport Beach, Public Works Date of Issuance: July 1, 2024 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and email it to Gerardo.Salas@usace.army.mil or . 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(I)(3) to confirm that the appropriate number and resource type of credits have been secured. Signature of Permittee Date Fountain Valley Ervin+:� Huntington Beach r a Cnsm PAp%a a Newport Ere-ach Newport Beach, CA 14 i Figure 1 Project Location 6 s d 15"' St. Fernando St. 4- Washington 5t. 5. M St. 6 Opal Ave, T Cural Ave. g_ Emerald Ave. 9_ Sapphire Ave. 12 Para: Ave_ Figure 2 Locations of Public Docks to be Rehabilitated. 0 i:a zmv ----------- ------------ a� `3 LEGEND xw� wsnr¢aagr'�cE �\ 19TH ST FLOAT PLAN aO v�snrw¢anr ® xawseoexrexvoxov¢wr mcwss suxvei ixzvm ¢wa .�uuwxuouxe¢Fv.,wx {,%�{'s'j mcw�saesvrvnnays�x�z KEVMAP NOT TO BE USED FOR CONSTRUCTION c-XXX-X LEGEND = --l- LED @) I- ST FLOATPLAN a KEYMAP NOT TO BE USED FOR CONSTRUCTION LEGEND FERNAOOSTFLOATPLAN KEYMAP NOT To BE USED FOR CONSTRUCTION c-xxx-x I o i i —_ —__— —.. LEGEND � � �. rmrzcrvimxonwrnuuce � �,- I � ® xowsmvvo�uiaxorr�wr _ o �.- II I .: i I 9 � ¢xxxx ENuuss xxvn n�ar�� KEVMAP '® C - � � _^ E¢�ax�orva,oxs�xpn NOT TO BE USED �� �o V t FOR CONSTRUCTION a c XXX X NEWPORT BEACH PUBLIC DOCKS 3 0 A 9 M ST FLOAT PLAN 1 ` FLOAT PLAN 3 �MST CITY OF NNEEWPORT BEACH X-XXXX-X e — 5 110 t LEGEND aFs msnrc aaiixnuce 22WEFLOATPLAN seuove wsnxnaonr ® soroseoevu�aax orawr mcsus s�sver is mm KEYMAP NOT TO BE USEDE �1P FOR CONSTRUCTION C-XXX-X I I � E �•FKI5ING�,' I i.. ao Y __ KEYWEBA`A I y - ¢ iff ro FrI� LEGEND KEYMAP a� aBorEcr s.Msma RuerixPucE l� m ¢� aEPucE EAsnxB¢oar �i7\ oPALAE FLOAT PLAN � NOT TO BE USED t FOR CONSTRUCTION C-XXX-X xorEmmxB�xr ® vaorosEoewwmoxar�Lwr mcass sumEx ixivm .,s NEWPORTBEACH PUBLIC COCKS OPAL AVE FLOAT PLAN ¢xuor .txuwuuoure ¢Ev�nox E¢causs ouEmnnaxsixa@ ••f.,,� CRY OF NEWPORT BEACH X-XXXX-X 6 PUBUIMRKSDEPPRTMEW p¢, ] m1B LEGEND �ucE oas oaruwnce %1 EMERALD AVE FLOAT PLAN xao�eu:maw. ® mmosEo�u,9o�,waw. m��s���x� KEYMAP • NOT TO BE USED r V "NOT LEGEND xssuce eusnaw.*wwxe 93 SAPPHIRE AVE FLOAT PLAN ® oaoPosEo �,waox oFawr En�wsss�.w� so�reae s.aEs, KEYMAP NOT TO BE USED FOR CONSTRUCTIONy :�� ml�73� ,Mai LEGEND xEPucE Ensn�aant wnnce �� PARK'101 PARKA1 � Z� �snxoaoA. ® wxxuwxnourE Euv nox i EE�wrss oesEmn.x�vswma wre im vxrms Puxc,o.Emcx KEVMAP NOT TO BE USED FOR CONSTRUCTION c-x �..� NEWPORT BEACH PUBLIC DOCKS $ a PARK AVE FLOAT PLAN •'idyl• CITY OF NEWPORT BEACH X-XX PUSUC FltEOEPAnTMExr — 1( Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 3 Maintenance 1. Nationwide Permit(s) NWP 3 Maintenance Terms: 3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure o r fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or f ill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minordeviations in the structure's configuration orfilled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards thatare necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may bewaived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, c.ulverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures orto maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, ordewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre -construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre -construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure orfill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance. 2. General Conditions: The following general conditions must be followed in orderfor any authorization by an NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, 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. 2. Aquatic Life Movements. No activity may substantially disruptthe necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbod ies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvertcannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. �awnin_ Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities thatresultin the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird BreedingA. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Flood plains. The activity mustcomply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the 2 ordinary high watermark or high tide line, must be permanently stabilized at the earliest practicable date. Perm ittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow, or during low tides. 13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure orfill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity mustbe a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system whilethe river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing thatthe proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre -construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by thedistrictengineerthatthe Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible forthe designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activityis authorized under any NWP which is likely to directly or indirectly jeopardize the continued existenceof a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which "may affect" a listed species orcritical habitat, unless ESAsection 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 forthe definition of "effects of the action" for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding "activities that are reasonably certain to occur" and "consequences caused by the proposed action." (b) Federal agencies should followtheirown procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre -construction notification is required forthe proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineerwill verify thatthe appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessaryfor the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submita pre -construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for 3 such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre -construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. Foractivities where the non -Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity ofthe activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification thatthe proposed activity will have "no effect" on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been completed. If the non -Federal applicant has not heard backfrom the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add species -specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined underthe ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan fora project ora group of projects that includes the proposed NWP activity, the non-federal applicant should provide acopy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted forthe ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation forthe ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation forthe proposed NWP activity. The district engineerwill notify the non-federal applicant within 45 days of receipt of a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS ortheirworld wide web pages at http:/twww.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov[pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsiblefor ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary orappropriateto reduceadverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. 4 (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre -construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriated ocumentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submita pre -construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineerswill comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effortto carry outappropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, samplefield investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. (d) Where the non -Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the d istrict engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non -Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k ofthe NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notifytheACHPand provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. Permittees thatdiscover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affectthe remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for publiccomment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordancewith general condition 32, forany activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Miti,aq tion. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be req uired to the extent necessary to ensure thatthe individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) Compensatory mitigation at a minimum one -for -one ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require pre - construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement forthe restoration orenhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be25to 50feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water q uality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if thewaterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the projectsite, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/orwetlands compensation) based on what is best forthe aquatic environment on a watershed basis. In cases 9 where riparian areas are determined to be the most ap prop riate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in -lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -lieu credits are not available at thetime the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).) (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineerto make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (6) Compensatory mitigation requirements (e.g., resourcetype and amountto be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistentwith the framework at 33 CFR 332.3(b). Foractivities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub- 7 shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified complianceof an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority forthe issuance of the NWP, then the permittee must obtain a water quality certification orwaiverfor the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre -construction notification and the certifying authority has not previously certified compliance of an NWP with CWAsection 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that thewater quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The districtengineerorcertifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of the cond itions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption ofconcurrence in order for theactivityto be authorized by an NWP. The district engineer or a state may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed W- acre. (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions ofthis nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statementthat the authorized activitywas done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statementthat the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bankor in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(I)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project'), the prospective permittee must submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to requestthe additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineerswill request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: M (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant tog eneral condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect' on listed species or"no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) (i) A description ofthe proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amountof loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unitof measure; a description of any proposed mitigation measures intended to reducethe adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre -construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. (ii) For linear projects where one or more single and complete crossings require pre -construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each sing le and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non- PCN NWP activities into NWP PCNs. (iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description ofthe proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, butthere may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and otherwaters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; 10 (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee mustsubmit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-federal permittees, Me NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an NWP activity that requires permission from, or review by, the Corps pursuantto 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre -construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre -Construction Notification: The nationwide permit pre -construction notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre -construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource orwater quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site -specific comments. The comments mustexplain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineerwill wait an additional 15 calendar days before making a decision on the pre - construction notification. The district engineer will fully consider agency comments received within the specified time f rame concerning the proposed activity's compliancewith the terms and conditions of the NWPs, including the need for mitigation to ensure thatthe net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' 11 concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineerwill consider any comments received to decide whetherthe NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendardays ofreceiptof any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. 3. Regional Conditions for the State of California: 1. The permittee shall submit a pre -construction notification (PCN) for all 2021 NWPs, in accordance with General Condition 32, in the following circumstances: a. Activities involving new bank stabilization that do not incorporate bioengineering techniques. Bioengineering techniques include using live plants alone or in combination with dead or inorganic materials, including rock, sand, or gravel; b. Activities resulting in a discharge of dredged or fill material in waters of the U.S. on Tribal Lands*; c. Activities involving the permanent channelization, realignment, or relocation of streams; and, d. Activities that have the potential to adversely affect Essential Fish Habitat (EFH), as designated by the Pacific Fishery Management Council. The PCN shall include an EFH assessmentand analysis of effects of the action on EFH, in accordance with 50 C. F.R. § 600.920 (e). For Federal permittees, if a PCN is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with the Magnuson -Stevens Fishery Conservation and Management Act; 2. In the desert regions of Los Angeles District (USGS Hydrologic Unit Code accounting units: Lower Colorado-150301, Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002), the use of any NWP resulting in greater than 0.10-acre loss** of wetlands, mudflats, vegetated shallows, or riffle and pool complexes, as defined at 40 CFR Part 230.40-45, is prohibited. 3. In the Los Angeles District, NWPs 29, 39, 42 and 43, and NWP 14 combined with any of those NWPs, cannot authorize a loss** of waters of the United States greater than 0.25 acre Within the Murrieta Creek and Temecula Creek watersheds in Riverside County. 4. In the Los Angeles District, all 2021 NWPsare revoked within the Special Area Management Plans areas of the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California. Additional information is available here: https://www.spl.usace.army.miVMissions/Regulatory/Established- LOP-Procedures/ 5. In the Los Angeles District, the permittee shall submit a pre -construction notification (PCN) for all 2021 NWPs, in accordance with General Condition 32, in the following circumstances: a. Activities that would result in a loss** of waters of the United States within the Murrieta and Temecula Creek watersheds in Riverside County, California; and, b. Activities that would result in a loss** of waters of the United States within Santa Clara River watershed in Los Angeles and Ventura County, California, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main -stem of the Santa Clara River; and, 12 c. Activities that would result in a loss** of waters of the United States within all watersheds in the Santa Monica Mountains in Los Angeles and Ventura County, California, bounded by Cal leguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south; and, d. Activities that would result in a loss** of waters of the United States within all perennial waterbod ies and special aquatic sites. `Tribal Lands" refers to any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation. *`Loss" means waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. 4. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification forthat activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. Fora linear project, this determination will include an evaluation of the single and complete crossings of waters of the United States that require PCNs to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings of waters of the United States authorized by an NWP. If an applicant requests a waiver of an applicable limit, as provided for in NWPs 13, 36, or54, the d istrict eng ineerwill only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by an NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources thatwill be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed orecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineerto assist in the minimal adverse environmental effects determination. The district engineer may add case - specific special conditions to the NWP authorization to address site -specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed, the prospective permittee should submita mitigation proposal with the PCN. Applicants may also propose compensatory mitigationfor NWP activities with smaller impacts, or for impacts to other types of waters. The district engineerwill consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whetherthe netadverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity - specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with 13 the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure that the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineerwill notify the applicant either: (a) that the activity does not qualify for authorization underthe NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized underthe NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31), with activity -specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan thatwould reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the districtengineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. 5. Further Information 1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain otherfederal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). 6. Nationwide Permit Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non- structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term "discharge" means any discharge of dredged or fill material into waters of the United States. Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type ora riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or 14 riparian area type to be restored, enhanced, or establ is hed as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, orotherobject included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A testto determine what constitutes a single and complete non -linear project in the Corps Regulatory Program. A project is considered to have independent utility if itwould be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, ordrainage because of the regulated activity. The loss of stream bed includes the acres of stream bed that are permanently adversely affected by filling or excavation because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters or wetlands for determining whether a project may qualify for an NWP; it is not net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aq uatic functions and services. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States. Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a yearwith normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic 15 vegetation within the area of flowing or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of 'open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream has surface water flowing continuously year-round during a typical year. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal ofa threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a formeraquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation ofthe physical, chemical, or biological characteristics of a sitewith the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffleand pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradientsections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placementof shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consistof shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed forthe purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbod ies at `L separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non -linear project: For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non -linear project must have independent utility (see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized jurisdictional stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidalwetland is ajurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line. Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Thoserights legally accruing to a tribe ortribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remed ies. Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aq uatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a "water of the United States." If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). 17 CALIF -IIN �-�o Water Boards Santa Ana Regional Water Quality Control Board January 19, 2024 Chris Miller City of Newport Beach Public Works 100 Civic Center Drive Newport Beach, CA 92660 Via email: CMiller(c�newportbeachca.gov GAVIN NEWSOM [:OVLHNOH YANA GARCIA RFI:HF 'ARV FOR ENVIRONMENTAL PROTECTION NOTICE OF APPLICABILITY GENERAL ORDER FOR CLEAN WATER ACT SECTION 401 CERTIFICATIONSUBJECT TO NATIONWIDE PERMIT 3A; NEWPORT HARBOR PUBLIC DOCKS REHABILITATION (WDID NO. 302023-10) Dear Chris Miller: On June 9, 2023, the Santa Ana Regional Water Quality Control Board (Santa Ana Water Board) received from the City of Newport Beach Public Works (Applicant) an Application for Discharges of Dredged or Fill Material to Waters of the State Waste (Application) for the Newport Harbor Public Docks Rehabilitation (Project). On August 9, 2023, Santa Ana Water Board staff determined the Project qualifies for coverage under the General Order Clean Water Act Section 401 Certification (General Certification) under Nationwide Permit 3a — Maintenance. The Project is located at ten public dock locations within Newport Beach Harbor in the City of Newport Beach in Orange County. Dock Location GPS Coordinates M Street 33035'55.6"N 117052'57.4"W Washington Street 33036'11.7"N 117°53'57.9"W Fernando Street 33036'18.9"N 117054'09.0"W 15th Street 33036'30.1"N 117055'13.3"W 19th Street 33036'33.9"N 117055'33.6"W Coral Avenue 33036'15.0"N 117053'33.7"W O al Avenue 33036'17.6"N 117053'53.0"W Emerald Avenue 33036'31.8"N 117053'54.1"W Sapphire Avenue 33036'31.6"N 117053'36.4"W Park Avenue 33036'20.8"N 117053'09.7"W {PRISTINE MURRAY, CHAIR I JAYNE JOY, EXECUTIVE OFFICER 3737 Main Street, Suite 500, Riverside, CA 92501-3348 1 www.waterboards.ca.gov/santaana Chris Miller - 2 - Newport Harbor Public Docks Rehabilitation January 19, 2024 Project Purpose and Description: The Project's purpose is to restore and enhance public recreational opportunities at ten existing docks in the City of Newport Beach. The Project will involve the repair and/or replacement of existing floating docks, support piles, and gangways at ten public dock locations in Newport Harbor. The docks are owned and maintained by the City of Newport Beach. The temporary relocation of existing utilities during construction will be required. Piles will be relocated at four dock locations to move exterior piles to interior locations to provide additional side -tie area for public boaters; however, there is no net increase in the number or size of piles. The Floating dock area will be increased slightly at five dock locations (Washington, Opal, Emerald, Sapphire, and Park locations) to increase side -tie area for public boaters and will decrease at two locations (15th and 19t' locations); the total net increase of overwater surface area for all docks throughout Newport Harbor is 243 square feet; the proposed change in dock area at an individual site ranges from 38 square feet decrease to 160 square feet increase. Location Net Surface Area Increase or Decrease (square feet Potential Indirect Shading Impacts to Eel rass (square feet 19th Street -38.0 0 15th Street -18.5 0 Fernando Street 0.0 0 Washington Street 32.0 3.6 M Street 0.0 0 Coral Avenue 0.0 0 O al Avenue 36.0 2 Emerald Avenue 160 0 Sapphire Avenue 36.0 8.6 Park Avenue 36.0 3.3 Receiving Water: Lower Newport Bay Filled/Excavated Area: Areas Permanently Impacted: 317.5 square feet ocean aquatic resources Areas Temporarily Impacted: 19.6 square feet ocean aquatic resources No compensatory mitigation is required as the Project will result in no net change of permanent pile footprints and all other impacts are temporary in nature. The Santa Ana Water Board is certifying the Project under U.S. Army Corps of Engineers Nationwide Permit 3a — Maintenance, subject to the conditions and the notification requirements described in the Nationwide Permit and the General Certification. This Notice of Applicability is being issued under the General Certification Chris Miller - 3 - January 19, 2024 Newport Harbor Public Docks Rehabilitation pursuant to Section 3838 of the California Code of Regulations. The Applicant shall submit an annual report each year on the anniversary of this Notice of Applicability. Annual reporting shall continue until a Notice of Project Complete Letter is issued to the Discharger. The contents of the annual report shall include a construction summary, Project status and schedule (including ground disturbance, site clearing and grubbing, and site construction), and the implementation status of Best Management Practices during the active discharge period. If the Project has not started, the Discharger shall provide an estimated start date and reasons for the delay. A Notice of Completion shall be submitted to the Santa Ana Water Board by the Applicant no later than 30 days after the Project has been completed. A complete Notice of Completion shall include a map of Project locations, restoration areas and post -Project photographs. The Notice of Completion shall demonstrate that the Project has been carried out in accordance with the Project description as provided in the Application. Please include the Project name and WDID No. with all future inquiries and document submittals. Document submittals to the Santa Ana Water Board shall be made electronically to: R138-401 Repo rting(a)-waterboards.ca.gov. Please contact Kyle Fructuoso at Kyle. Fructuoso(a)-waterboards.ca.gov should you have any questions. Sincerely, Jayne Joy, P.E. Executive Officer Santa Ana Regional Water Quality Control Board cc (via electronic mail): U.S. Environmental Protection Agency (R9cwa401(d)-epa.gov) Corice Farrar — U.S. Army Corps of Engineers, Los Angeles District — (Corice.J.Farrar( _)usace.army. mil) Fernie Sy — California Coastal Commission — (Fern ie.Sy(a-)-coastal.ca.gov) California Department of Fish and Wildlife, Region 6 (R61saCa)-wildlife. ca.gov) State Water Board, DWQ — Water Quality Certification Unit (Stateboard401(a_waterboards.ca.gov) Kim Garvey — Moffat & Nichol — (KGarvey(c_moffattnichol.com) Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 7. Coral Avo. H. F.Rw ald Aa 9, SapvhlreAve xn. Park Aw, Figure 1. Project Vicinity 0 -n r� 0 - o 0 Page 1 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Figure 2. Docks with potential eelgrass shading effects. Page 2 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. 19th Street Dock. No Eelgrass Impacts 1051374 60513B4 6051204 6051404 6051414 6'.31424 fi051434 6051444 6051454 6051464 5051474 6051484 6051494 Figure 3. 19th Street Dock Rehabilitation Page 3 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. 15th Street Dock. No Eelgrass Impacts 30�706tl 6057096 MSJ106 nU53116 695J136 b:531J6 b>531A6 6A53159 605J1tl6 5th !t►ile tb' j,e Added a 5th Street Pile to Remain 5th Street Float to be Added 315th Street Float to Remain 15tfi Street Pilo to be Removed Q 15th Street Float to be Remov 15th Street Pik to be Repl. .: P rt Bay Eelprass 2020 1053095 0053096 +.:•il:G 6053116 00531 Figure 4. 15th Street Dock Rehabilitation Page 4 of 12 FT Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. Fernando Street Dock. No Eelarass Impacts 491 M4i0• "5871• lW,1E02• me roses/+ (+7�E05• Figure 5. Fernando Street Dock Rehabilitation Page 5 of 12 11 aasesc• a Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. Washington Street Dock Eelgrass Impacts 6059437 6059447 6059457 6059467 6055477 Figure 6. Washington Street Dock Rehabilitation Page 6 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. M Street Dock. No Eelgrass Impacts Figure 7. M Street Dock Rehabilitation Page 7 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. Coral Avenue Dock. No Eelgrass Impacts i.r.a r ni.ve nrs r.ra ncn i+o� .no rOtltltlt� tlW13: Legend Coral Ave Pile to be removed Coral Ave Pile to be added Coral Street Eelgrass Added By CRM April 2022 Coral Avenue Float to remain in place -� Newport Bay Eelgrass 2020 f� L 1 i i -- - -- S 6041S/i Figure 8. Coral Avenue Dock Rehabilitation Page 8 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. Opal Avenue Dock Eelgrass Impacts i-)?F7' I-S 1,7 r:'o,z r, n•.,,: ., 71V tq 11, Figure 9. Opal Avenue Dock Rehabilitation Page 9 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. Emerald Avenue Dock. No Eelgrass Impacts '81 6M 9Tyt 6^'i_..I 9099MI 695982' 5MBE i_a1 Figure 10. Emerald Avenue Dock Rehabilitation Page 10 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. Sapphire Avenue Dock. Eelgrass Impacts Figure 11. Sapphire Avenue Dock Rehabilitation Page 11 of 12 Newport Harbor Public Docks Rehabilitation Attachment A WDID # 302023-10 Newport Beach Public Dock Replacement Project. Park Avenue Dock Eelgrass Impacts Figure 12. Park Avenue Dock Rehabilitation Page 12 of 12 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 PH (562) 590-5071 WWW.COASTAL. CA. GOV GAVIN NEWSOM, GOVERNOR Page 1 January 10, 2024 Permit Application Number: 5-23-0506 COASTAL DEVELOPMENT PERMIT On December 14, 2023, the California Coastal Commission granted to the City Of Newport Beach Public Works Department this permit subject to the attached Standard and Special conditions, for development consisting of repair and 243 sq. ft. net addition to 10 existing, public dock systems in various locations throughout, more specifically described in the application filed in the Commission offices. The development is within the coastal zone at 10 dock systems in and over the waters of Newport Harbor, Newport Beach, Orange County. Issued on behalf of the California Coastal Commission by: Kate Huckelbridge, PhD Executive Director fftl�X ��w Chloe Seifert Coastal Program Analyst 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. 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). January 11 2024 �'' /, l Date. ry Signature / ,�� Page 2 January 10, 2024 Coastal Development Permit 5-23-0506 STANDARD CONDITIONS: 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: 1. Submittal of Final Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two full-size sets of project plans that substantially conform with the project plans titled "Citywide Public Dock Rehabilitation" received by Commission staff on November 17, 2023. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 2. Eelgrass Survey(s). A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next Page 3 January 10, 2024 Coastal Development Permit 5-23-0506 period of active growth. The survey shall be prepared in full compliance with the "California Eelgrass Mitigation Policy" dated October 2014 (except as modified by this special condition) adopted by the National Marine Fisheries Service (NMFS) and shall be prepared in consultation with the California Department of Fish and Wildlife (CDFW). The applicant shall submit the eelgrass survey for the review and approval of 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 the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the applicant shall undertake mitigation pursuant to the Final Eelgrass Mitigation and Monitoring Plan approved by the Executive Director. B. Post -Construction Eelgrass Survey. If any eelgrass is identified in the project area or the 10 meter buffer area by the pre -construction survey required by Subsection A of this condition, 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 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 additional eelgrass has been adversely impacted beyond the area of impacted identified in the pre -construction eelgrass survey, 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. Implementation of mitigation to ensure success in achieving the minimum final mitigation ratio (1.38:1) 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. 3. Pre -construction Caulerpa Sp. Survey. A. Not earlier than 90 days nor later than 30 days prior to commencement or re- commencement of any development authorized under this coastal development Page 4 January 10, 2024 Coastal Development Permit 5-23-0506 permit (the "project"), the applicant shall 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 sp. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, CDFW, and NMFS. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: for the review and approval of the Executive Director; and to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through CDFW at (858) 467-4218) or NMFS at (562) 980-4043. D. Prior to initiation of any authorized Bottom Disturbing Activity within an Infected System, two surveys, initiated not less than 60 days apart, shall be conducted within the project APE. The first survey shall be conducted using High Intensity Level techniques and the second survey shall be conducted using Eradication Area Level techniques. Both surveys shall be conducted within the same High Growth Period. Deviations from this condition may be considered on a case -by - case basis by the appropriate regulatory agency in consultation with NMFS and CDFW. E. At least one survey shall be conducted within 45 days of initiation of an authorized Bottom Disturbing Activity (a "Pre -Act Survey"). This survey could be the second (Eradication Area Level) survey conducted during the High Growth Period. However, project delays may require that a third survey be conducted prior to initiation of the Bottom Disturbing Activity in order to meet this 45-day requirement. If a third survey is required, this survey shall be conducted at either a High Intensity Level or Eradication Area Level as determined by NMFS/CDFW Contacts based upon site circumstances and proximity to infestations. To determine appropriate survey level, please contact the NMFS/CDFW Contacts with project specific information. F. If Caulerpa species is found within the project or buffer areas, the applicant shall not proceed with the project until: The applicant provides evidence to the Executive Director, subject to concurrence by the Executive Director, that all Caulerpa sp. discovered within the project and buffer area has been eliminated in a manner that Page 5 January 10, 2024 Coastal Development Permit 5-23-0506 complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or ii. The applicant has revised the project to avoid any contact with Caulerpa species. 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. 4. Construction Responsibilities and Debris Removal. By acceptance of this permit, the permittee agrees to comply with the following construction related requirements: 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 permittee shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; Page 6 January 10, 2024 Coastal Development Permit 5-23-0506 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; 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 permittee 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; Page 7 January 10, 2024 Coastal Development Permit 5-23-0506 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 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; 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 iii. 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. Resource Agencies. The permittee shall comply with all requirements, requests and mitigation measures from CDFW, the Regional Water Quality Control Board; the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service with respect to preservation and protection of water quality and the marine environment. The permittee shall consult with CDFW prior to transplant of eelgrass, shall obtain a Scientific Collecting Permit if the Department deems such permit required, and shall provide evidence of the approved permit to the Executive Director prior to Page 8 January 10, 2024 Coastal Development Permit 5-23-0506 transplant of eelgrass. 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. 7. 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. CITYWIDE PUBLIC DOCK REHABILITATION CONTRACT NO. 9557-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day of September, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JILK HEAVY CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 500 S Kraemer Blvd Suite 380, Brea, CA 92821 , and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of installing a new floating, dock, dock support piles, access gangway, and gangway platform. Existing utilities and other features are to be protected in place unless noted to be replaced (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. 9557-1, 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 One Million Two Hundred Ninety Six Thousand Dollars ($1,296,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated David Van Wagner to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Jilk Heavy Construction, Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq. ). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: David Van Wagner Jilk Heavy Construction, Inc. 500 S Kraemer Blvd Suite 380 Brea, CA 92821 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil Jilk Heavy Construction, Inc. Page 3 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 of this Contract or for other periods as specified in the Contract Documents, policies of Jilk Heavy Construction, Inc. Page 4 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 hereunder, or for damage to property from any cause arising from the performance of the Jilk Heavy Construction, Inc. Page 5 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. Jilk Heavy Construction, 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. Jilk Heavy Construction, 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 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 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. Jilk Heavy Construction, 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] Jilk Heavy Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: `ll7-Z2,�22y By: . C' �7,, f�-✓Aaron C. Harp at.0 -z-ti City Attorney "'e ATTEST: Date:/- Leilani I. Brown City Clerk PO CITY OF NEWPORT BEACH, a California Vnicipal corporation Date: A7/t- 2 i By: �ifil Will O'Neill Mayor CONTRACTOR: Jilk Heavy Construction, Inc., a Cafifor is corporation Date/9 113 /.419 By: JejFmiah T. Jilk C ief Financial Officer, w RT ' "� vn [END OF SIGNATURES] r J_ CALIr-0%" Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements retary Jilk Heavy Construction, Inc. Page 10 Executed as Duplicate Original EXHIBIT A CITY OF NEWPORT BEACH BOND NO. WCN7465795 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of Califomia, has awarded to Jilk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of installing a new floating dock, dock support piles, access gangway, and gangway platform. Existing utilities and other features are to be protected in place unless noted to be replaced. 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 fumishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Old Republic Surety Company duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Ninety Six Thousand Dollars ($1,296,000.00) 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 Califomia. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Califomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Jilk Heavy Construction, Inc. Page A-1 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 13th dW of September , 20 24 Jilk Heavy Construction, Inc. Name of Contractor (Principal) A horized Sig Old Republic Surety Company Name of Surety PO BOX 1635 Milwaukee, Wl 53201 Address of Surety 262-797-2640 Telephone APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date:_ I'JUIZ.4 By: A00n C. Harp q.u, •Vk Ci y Attorney Agent Martha Barreras, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jilk Heavy Construction, Inc. Page A_2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On SEP 13 2024 , before me, Albert Melendez Notary Public, personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the person(K) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that ke/she/thky executed the same in hi6/her/tkir authorized capacity(ixs), and that by his/her/their signature(so on the instrument the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENDEZ Notary Pubtic - California WITNESS my hand and official seal. Orange County >_ Commission ; 2391461 My Comm, Expires jar 23, 2026 SIGNATURE PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Signer(s) Other than Named Above: er of Pages: * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johanson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Martha Barreras Jonathan Batin, Zyanya Hernandez, Vanessa Ramirez of Tustin, CA its true and lawful Attorneys) -in -Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seat be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF affixed this 27th OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be _ day of August 2024 J - ,4 - O O OOPPOAATF-. SEAL O -- A 2 As -- nt Secretai - STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS OLD REPUBLIC SURETY COMPANY 414- President On this 27th day of August 2024 personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. sty N. M1ye .'•QL81,G. Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. SUR(ri" 740053 = o SEAL ; - Signed and sealed at the City of Brookfield, WI this z; ORSC 22262 (3-06)• day of September 2024 l�AS.crel, OLD REPUBLIC SURETY COMPANY T- 1*101-21-- 1-1)' This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old Republic Surety Company_ OldRepublic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seal was physically stamped or impressed onto the bond(s). All terms and conditions (--)f the bond(s) remain UrIchanged- Signed and effective. this twelfth day of klay, 22020. Old RZb7 _ ,rety Company By - Alan Pavlic, President 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 CalifRrnia County ofSS. On ,��-f;nc- - /4 , 20 ZS before me, Notary Public, personally appeared --T Ilk - who proved to me on the basis of satisfactory evidence to be the person(ar) whose name(z) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ios), and that by his/hoer/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 thipt the foregoing paragraph is true and correct. *my ANNA LISA PAILA Notary Public • Califoriia WITNESS my hand and official seal. Orange County Commission k 24872Comm. Expires May 14, 2028 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 } 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) N° 5410 V STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority Tars Is m Qm=, That, pursuant to the Insurance Code of the State of California, Old Repul3lic Surety Company Of Brookfield, Wisconsin , organized under the laws of Wisconsin , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: SURETY, LIABILITY and MISCELLANEOUS as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tars CE RTmcATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as tong as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. Lv Wrrwf:ss WrmEoF, effective as of the-14th _day Of- Dece:nh�er , 19 90 , I have hereunto set my hand and caused my official seal to be affixed this 14th _ day pf December 19 90 _ Un E Qualification with the Secretary of State must be accomplished as required by the California CorporatioJW Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoldng this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF JILK HEAVY CONSTRUCTION, INC. The undersigned, as members of the Board of Directors of Jilk Heavy Construction, Inc., a California corporation, and being all of the members of such Board as presently constituted, do by this writing consent to take the following action and adopt the following resolution effective November 15, 2019: RESOLVED, that JAMES F. JILK, as Chief Executive Officer of the corporation, and JEREMIAH T. JILK, as Secretary and Chief Financial Officer, are each individually, as officers of the corporation, authorized on behalf of the corporation to submit bids, execute bonds (including, but not limited to, bid bonds, performance bonds, payment bonds, and warranty bonds), enter into and execute contracts (including change orders), and take such other acts or actions, and execute such other documents as may be necessary for the corporation's normal construction operations. This action is executed pursuant to the provisions of Section 307(b) of the California Corporations Code and Article III, Section 13 of the Bylaws of this corporation, which authorize the taking of action by the directors of the corporation without a meeting. This document is directed to be filed with the minutes of the proceedings of the corporation. JOSHffl- ck Executed as Duplicate Original Premium Subject to Change Based on Final Contract Price EXHIBIT B CITY OF NEWPORT BEACH BOND NOYVCN7465795 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $10,970.00 , being at the rate of $ First $500K charged $10.00/m Next $2.OM charged $7.50/m thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to ,milk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of installing a new floating dock, dock support piles, access gangway, and gangway platform. Existing utilities and other features are to be protected in place unless noted to be replaced. in the City of Newport Beach, in strict conformity with the Contract on fife with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Old Republic Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Ninety Six Thousand Dollars ($1,296,000.00) 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. 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 13th day of September ,20 24 Jilk Heavy Construction, Inc. \. Name of Contractor (Principal) A t orized Old Republic Surety Company Name of Surety Authori e Agent SignatureJ BOX 1635 kee, WI 53201 ty 797-2640 TO FORM: EY'S OFFICE `t rP NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S PO Milwau Address of Sure 262- Telephone APPROVED A CITY ATTORN Date: 9f� L By: �10 A A on A a cVy Attorne r` Print Name and Title o= o SEAL, Martha Barreras, Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j On SEP 13 2024 , before me, Albert Melendez Notary Public, personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the person(K) whose name(X) is/Ae subscribed to the within instrument and acknowledged to me that hic/she/tlivy executed the same in hiG/her/their authorized capacity(ixs), and that by his/her/their signature(so on the instrument the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENDEZ Notary Public -California Orange County Commission = 2391461 — My Comm. Ex7ires Jar 23. 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: \ * * * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Joharnsson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Martha Barreras Jonathan Batin, Zyanya Hernandez, Vanessa Ramirez of Tustin, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and seated by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and seated (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and seated (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, affixed this 27th OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be _ day of August 2024 0�`'sortET4.. OLD REPUBLIC SURETY COMPANY a° o LpR90RFTE '. O % SEAL As - nt Secretai � President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 27th day of August 2024 , personally came before me, Alan PaVlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. pua`: Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not Invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 0Jr SURETY.. 1V¢ LORVORAiF -CO :: 13th 74 0053 ; SEAL > = Signed and sealed at the City of Brookfield, WI this ,o t� ORSC 22262 (3-06) day of September 2024 4.rst Secret REPUBIAC SURETY COMPANY 44i S Mout].ju l Ro_id.. Suitt 200, Btookfictd. %% 1 4;3t,, � T its'-' 1--1-'- ., .. %%ti !.,._ L!. , This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old Republic Surety Company_ told Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the .seal was physically stamped or impressed onto the bond(s). All terms and conditions of the bond(s) remain unchanged_ Signed and effective this twelfth day of May, 2020. Old tie ubll rety Company By_ Alan Pa0c, President e 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 Coun of OIL" ss. On enthw `, 2dZ 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name( is/aye subscribed to the within instrument and acknowledged to me that he/sire/they executed the same in his/her/their authorized capacity(iee), and that by hlsfljerftheir signatures(s,) on the instrument the person(sy), or the entity upon behalf of which the person(sr) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my ANNA USA PAIDWITNESS my hand and official seal.Nota OrangesCounty ifornuCommission 8 2487207 Comm. Expires May 14, 2028 Sig re (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 3 ss. On , 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Jilk Heavy Construction, Inc. Page A-3 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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 Commissionerto 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. U.S. Longshoremen's and Harbor Workers' Act (USL&H) shall be required for employees performing services covered by said Act. 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 City Council, boards and commissions, officers, agents, volunteers and employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence, ten million dollars ($10,000,000) general aggregate and ten million dollars ($10,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed Jilk Heavy Construction, Inc. Page C-1 operations, personal and advertising injury, and liability assumed under an 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 five million dollars ($5,000,000) combined single limit for each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. Proceeds payable under the above insurance shall be fully payable to the City as Loss Payee. E. Watercraft Liability. Consultant shall maintain watercraft liability including Protection and Indemnity with minimum limits of two million dollars ($2,000,000) each occurrence and in the aggregate, Jones Act for employees performing services under said Act, and Water Pollution Liability. Water Pollution Liability shall be provided for both sudden and accidental and gradual and continuous pollution events with limits no less than two million dollars ($2,000,000) each loss and in the aggregate. The policy shall not exclude any hazardous materials for which there is exposure. F. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $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 Jilk Heavy Construction, Inc. Page C-2 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. G. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, 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/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, 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, 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: Jilk Heavy Construction, Inc. Page C-3 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. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not Jilk Heavy Construction, Inc. Page C-4 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. 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. Jilk Heavy Construction, Inc. Page C-5