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HomeMy WebLinkAboutC-9944-1 - Balboa Yacht Basin Maintenance Dredging ProjectCITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 3:00 PM on the 10th day of September, 2025, at which time such bids shall be opened and read for Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 $3,353,915 Engineer's Estimate Approved by James M. Houlihan Deputy PWD/City Engineer --- - Prospective -bidders may obtain Bid Documents, Project Specifications and Plants- - via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 VOLUNTARY PRE -BID SITE WALK: A voluntary job walk will be conducted for this project on August 26, 2025 at 9:00 am located at 829 Harbor Island Drive, Newport Beach, CA 92660. Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: A License For further information, call Chris Miller, Project Manager at (949) 644-3043 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/.qovernment/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 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 2 City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 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 BIDDERS BOND (Original copies must be submitted to the City Clark's Office in SeaJLed Envelope before the W 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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 Clerks Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed! Bid" shaft be cleady 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. S. 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 Q415) 703-4774, and requesting one from the Department of Industrial Relations. Ail 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. g. The Contractor shati be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcoratractingi 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 furnish 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 een eview A 1036092, A - General Engineering �Ldent Contractor's License No. & Classification Authorized ign tire/ itle - 1000055882, 06/30/2028 DIR Registration Number & Expiration Date Pacific Dredge and Construction, LLC Bidder 5 09/03/2025 Date City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 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 (10%) of Total Amount Bid----------------------- ---------- -------------- Dollars ($ 10%----------- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Balboa Yacht Basin Maintenance Dredging, Contract No. C-9944-1 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 is agreed that the death of any such Principal shall not exonerate the Surety fro,I under this Bond. Witness our hands this 11th day of Pacific Dredge and Construction, LLC Name of Contractor (Principal) Endurance Assurance Corporation Name of Surety 4 MANHATTANVILLE ROAD, PURCHASE, NY 10577 Address of Surety 206-441-6300 Telephone 2025. F-Ami : t Authorized Agent Signature Kristine Santamaria, Attorney -in -Fact _ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) A 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. c On _ SQ,c 1 20'a5 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personjt) whose name*) is/AO subscribed to the within instrument and acknowledged to me that he/_0Ke *ky executed the same in his/beVtb9ir authorized capacity(iw), and that by his/heVt# adr signaturesM) on the instrument the person*, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing DaraaraDh is true and correct. WITNESS my hand and official seal Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language *my EVELIAV. DURAN Notary Public - CalifSan Diego County CommissionR 2,V6198 Comm. Expires Jan 13, 2028 (seal) OPTIONAL INFORMATION I - Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer ❑ Check here if Capacity(ies) claimed by Signer(s): no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 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 Washington County of Snohomish } ss. On September 11, 2025 before me, Roxana Palacios Notary Public, personally appeared Kristine Santamaria , 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 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 N0rAq), (se",uc 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 Es3 (seal) �J SOMPO INTERNATIONAL POWER OF ATTORNEY 10065 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC'), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Tara Koloski, Tatiana Gefter, Amber Engel, Anna Smith, Debbie Lindstrom, Kristine Santamaria, Marina Matyunin, Roxana Palacios, Scott C. Alderman, Holly E. Ulfers, Jamie Armfield, Kathleen M. Mitchell, Kathy Nye, Allison McClintock, Laura Kovarik as true and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million ($100,000,000.00) Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation By: Richard Appel; SVP & Senior Counsel uran °V GD POR,yeCQ'a 2002 C. DELAWARE,: Jo, J Endurance American Insurance Company v,�' By: 1 ' Richard Appel; SVP & Senior Counsel .•N-\can -!ns�r GOp.PORgT�:1 SEAL, 1996 Lexon Insurance Company By: Richard Appel; SVP & Senior Counsel Bond Safeguard Insurance Company s) � r; i ^.f ; �:.� � By: Richard Appel; SVP & Senior Counsel INSASOUTH n DAKOTA ; O Q; INSURANCEy'. COMPANY g OF -ram-•..- '9,p,aunnu,n"`". • 4r .a°��, ` �`��•Y TAYLOR On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose andsa)6,I&it hi0hey is an officer of each of the Companies; and that he executed said instrument on behalf of each Company by aut rity of is ice under the by44vs Cpmpeny. WNW — MINIX By: Amy Taylo Notary ublic — My Commissiorl GX$res 3/9127 CERTIFICATE I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 1 11 th day of Septe ber • 20 25 By. Daniel S. LNe, Secretary No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency', OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasurys website — https:ltwwv�,treasury.gov/resource-center/sanctions/SDt4.,List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. Sanction is law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdministration(ysolnpo-intl.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 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 Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the 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. Pacific Dredge and Construction, LLC Bidder 0 `L /President Authorized SO ure/Title �l Mailing Address San Diego Long Beach P.O. Box 13828 1444 Cesar E. Chavez Pkwy 1512 West Pier C Street San Diego, CA 92170 San Diego CA 92113 Long Beach CA 90813 Dredge & Construction, LLC (619) 533-7932 (619) 533-7932 (562) 590-8188 Matthew MacArthur CQC Manager I Pacific Dredge and Construction, LLC o matt@pacdredge.com I %�, 619-533-7932 ext. 130 Objective Experienced marine construction professional with 19 years in dredging, salvage, hydrographic surveying, and project management. Proven success in delivering high -quality, safe, and compliant marine infrastructure projects, with expertise in regulatory coordination, environmental compliance, and team leadership. Certifications • USACE Construction Quality Management for Contractors — Certified • HAZWOPER — Hazardous Waste Worker & Emergency Response — Certified • First Aid & CPR — Certified Professional Experience Pacific Dredge and Construction, LLC Construction Quality Control Manager / Project Manager / Hydrographic Surveyor 2019 — Present • Lead quality control and project management on multi -million -dollar marine dredging and salvage projects across California. • Coordinate with U.S. Navy, Army Corps of Engineers, Port authorities, and environmental agencies to ensure regulatory compliance and minimize operational impact. • Oversee subcontractors, hydrographic surveying, dredging operations, and disposal logistics for both offshore and nearshore sites. Selected Projects: • Seal Beach Maintenance Dredging (340,000 CY) • NASSCO Berth 7 & 8 Test Pile Program • NASSCO Graving Dock Cofferdam Installation • Portside Pier Brigantine Wharf Construction • Shelter Island Boat Launch Ramp Replacement • Pier 5000 Dredging & Fender Repairs, NBPL • San Diego Bay Shipyard Sediment Cleanup Atlas Engineering Hydrographic Surveyor 2011 — 2012 • Conducted detailed hydrographic surveys for dredging projects, including Newport Beach Dunes Marina. Summary of Skills • Marine Construction & Dredging Operations • Hydrographic Surveying & Data Interpretation • Project Management & Subcontractor Coordination • Construction Quality Control (CQC) • Regulatory & Environmental Compliance • Health, Safety & Environmental (HSE) Management At Pacific Maritime Group your safety and satisfaction are of paramount importance. If you plan to do business with us, or you are visiting, please access: http://vAvw.uacificmaritimegroup.com/terms/ for complete terms and conditions, and visit %1D htti)://www.pacificmaritimegroui).coin to learn more about our commitment to service. City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Pacific Dredge and Construction, LLC 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 Project Name/Number Project Description USACE MARAD W912P723C0020 Maintenance dredging of the Maritime administration (MARAD) pier areas 1A & 1B Approximate Construction Dates: From 08/28/23 Agency Name USACE - San Francisco Contact Person Mary Fronck To: 11 /30/23 Telephone (415) 283-2899 Original Contract Amount $ 3,935,760 Final Contract Amount $ 3,935,760 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 NO. 2 USCG Ballast Point / 70ZO8824CSAND0001 Project Name/Number Project Description Maintenance dredging at mooring Ballast Point Approximate Construction Dates: From Feb 2024 To Agency Name US Coast Guard - SILC March 2024 Contact Person Kiera Hollenbeck Telephone (571) 607-0999 Original Contract Amount $ 779,250.o0Final Contract Amount $ 670,810.00 If final amount is different from original, please explain (change orders, extra work, etc.) Modification de -scopes the work, the relocation of the floating dock deemed unnecessary. 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. 3 Project Name/Number PG&E - DCPP Intake Cove Dredging #3501354021 Project Description Diablo Canyon Power Plant dredging project to address sediment accumulation Approximate Construction Dates: From June 2024 To: July 2024 Agency Name PG&E Contact Person Jack Baldwin Telephone (805 305-7966 Original Contract Amount $ 4,902,000 Final Contract Amount $ 4,902,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 Project Name/Number USACE Santa Barbara / W912PL23C0003 Project Description Biannual dredging of the federal navigation channels. Dredge material placed down coast beaches. Approximate Construction Dates: From 2023 Agency Name USACE Los A Contact Person Raj Cooper To: Ongoing Telephone (213) 452-3168 Original Contract Amount $ 8,678,750 Final Contract Amount $ Ongoing If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Aqua Hedionda Lagoon Outer Basin Project Description Aqua Hedionda Lagoon Outer Basin Maintenance Dredging & Beach Nourishment Approximate Construction Dates: From Feb 2025 To: May 2025 Agency Name Channelside Water Resources Contact Person Raul Rajmaira Telephone ( 769 655-3900 Original Contract Amount $ 4,520,236 Final Contract Amount $ 3,840,109 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 No. 6 Project Name/Number San Elijo Nature Conservancy Lagoon Dredging Project Description San Elijo Lagoon Restoration Project - Inlet Channel Maintenance Dredging Approximate Construction Dates: From 06/2025 Agency Name Nature Collective Contact Person Jennifer Bright To: 08/2025 Telephone (858) 704-4560 Original Contract Amount $ 2,941.000 Final Contract Amount $ Payments still in progress 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. Im Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Pacific Dredge & Construction, LLC ` �(Presiderr# Bidder Authori e Ignature/Title 13 City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of San Diego ) Walter Jellison being first duly sworn, deposes and says that he or she is President of Pacific Dredge & Construction, LLC , 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. I declare under penalty of perjury of the laws of the State f a' o nia that the foregoing is true and correct. Pacific Dredge & Construction, LLC /President_ Bidder Authoriz d 'ignature/Title Subscribed and sworn to (or affirmed) before me on this 15th day of September , 2025 by --- satisfactory , proved to me on the basis of be the person(s) who appeared before me. I certify under PENALTY OF F paragraph is true and correct. [SEAL] 14 laws of the State of California that the foregoing Notary Pu My Commission Expires: CALIFORNIA JURAT CERTIFICATE 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 San Diego Subscribed and sworn to (or affirmed) before me on this 15th day of September 2025 , by Walter Jellison proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. EVELIAV. DURAN Notary Public - California WITNESS MY HAND AND OFFICIAL SEAL. _ = CS aiiDieg a 24nty A •�'� My Comm. Expires Jan 13, 202a .. , V . �,t,r,,a .. Signature of Notary Public OPTIONAL INFORMATION (Notary Seal) Tire jurat contained within this document is in accordance with California law. Any affidavit subscribed and sworn to before a notary shall use the preceding wording or substantially similar wording pursuant to Civil Code sections 1189 and 8202. A jurat certificate cannot be affixed to a document sent by mail or otherwise delivered to a notary public, including electronic means, whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public. The seal and signature cannot be ajfixed to a document without the correct notarial wording. As an additional option an afant can produce an affidavit on the same document as the notarial certificate wording to eliminate the use of additional documentation. DESCRIPTION OF ATTACHED DOCUMENT City of New Port Beach Non Collusi (Title of document) Number of Pages (Including jurat) Document Date 09/15/2025 (Additional Information) MMX V. BAN2 510,409.1334 www.BayAreallotary.com CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer Partner Attorney -In -Fact Trustee Other: City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 DESIGNATION OF SURETIES Bidder's name Pacific Dredge and Construction, LLC 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): Endurance Assurance Corporation, 4 Manhattanville Road, Purchase, NY 10577 Kristine Santamaria - 206-441-6300 15 City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Pacific Dredge and Construction, LLC Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2024 2023 2022 2021 2020 Total 2025 No. of contracts 12 10 17 15 11 17 82 Total dollar Amount of Contracts (in 9,417,051 9,908,737 16,727,072 13,316,317 18,231,146 8,544,585 76,144,908 Thousands of $) No. of fatalities _ 0 0 0 0 0 0 0 No. of lost 4 2 5 0 0 11 Workday Cases No. of lost workday cases involving 0 0 0 permanent 0 0 0 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 Pacific Dredge and Construction, LLC Business Address: 1444 Cesar E Chavez Pkwy, San Diego, CA 92113-2132 Business Tel. No.: 619-533-7932 State Contractor's License No. and Classification: A 1036092, A -General Engineering Entity Type: Limited Liability Company (LLC) 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 �T- Date 09/16/2025 Title President Signature of bidder _ Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the 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 ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of San Diego on September 17, 2025 before me, Date personally appeared Evelia V. Duran - Notary public Here Insert Name and Title of the Officer Walter Jellison Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persontd) whose nam6K is/00 subscribed to the within instrument and acknowledged to me that he/site/tody executed the same in his4jWtLv* authorized capacity(ias), and that by his/h mAb6ir signature(s) on the instrument the personK, or the entity upon behalf of which the person(Aacted, executed the Instrument. qpmy EVELIAV. DURAN Notary Public • California San Diego County isCommission k 2476795 Comm. Expires Jan 13, 2028 r 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 ,� U - I's Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: City New Port Beach Contractor's Industrial Safety Record Document Date: 09/16/2025 Number of Pages: 2 _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Umited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 7 Guardian or Conservator 1-I Other: Signer Is Representing: c�zczz�z� ccc� �r r<rtY�c c c ccccu u�c�cr c>ccxztiz� �c ©2015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Pacific Dredge and Construction, LLC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received kSignpture 1 08/28/2025 �Q 2 09/11 /2025 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 DATE: August 27, 2025 BY: I J oulihan, D puty Public Works Director/City Engineer TO: ALL PLANHOLDERS AND BIDDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. The City is extending the bid due date to Wednesday, September 171, 10:00 AM. Please refer to the enclosed attachments for the following information: 1. XYZ file a. Horizontal coordinate System: WGS 1984 UTM Zone 11 N (m) b. Vertical coordinate system: MLLW (ft) c. Cell size: 1 m 2. R.E. Staite Utility Location Report (4/25/2012) Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may be deemed unresponsive unless this signed Addendum No. 1 is attached. have carefully examined this Addendum and have included full payment in my Proposal. Pacific Dredge and Construction, LLC Bidder's Name (Please Print) 08/28/2025 Date 1 r President Authorized gnature & Title Attachments: 1. XYZ File 2. R.E. Staite Utility Location Report (4125/2012) c:',users:4muu0v11C-;Mi7nuJp.23-0? 7 Uyu mamteitow dredrJlny sddenaum no. IAGY.. c:tuserstsmouse�appdatavocal�microscftiviindcws`,inet,ache:coment.outlook'40i7dutp,25-09-27 byb mamtenace dredging addendum no. 1.d ,,,x Attachment 2 — R.E. Staite Utility Location Report (4/25/2012) c:tusers',tsmouse',appdatatlocallmicrosotl',whtidens'anetcache••content.uutiuohl20i7dutp25-0? 27 U/o maurtensce dredging addendum no. 'f.docr. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 DATE: Septembe 11, 202 BY: % Jim Ho lihan, Deputy Public Works Director/City Engineer TO: ALL PLANHOLDERS AND BIDDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. �. � : , -. _., -. - ._ -:.. .:.. ,..�i �.�.� -„� - :...a.{ �h�"il. �Jcc-�ad��� 7un , ,- _Li • i .�yC n•vu •-r4� SECTIONS) THAT IS BEING CHANGED BELOW 3.1 DISPOSAL OF DREDGED SEDIMENT (Pier G) C. The Pier G Slip Fill Placement Area is anticipated to be available for placement operations beginning on or near mid -November, 2025. The closure date for receiving the dredge materials from the City of Newport Beach will occur when the Pier G dike reaches - 10 ft MLLW which might happen sooner than May 19, 2026. FebrwaFyT° h, 202 . Negl9hat49nS b940eQ Bidders shall assume that the Pier G Slip Fill Placement Area is available throughout the required duration of the project. However, they are encouraged to present an approach to complete dredging and disposal operations early during the placement window, so that placement of dredged material at Pier G Slip Fill is completed as soon as practical PART 4 — MEASUREMENT AND PAYMENT 4.1 MOBILIZATION AND DEMOBILIZATION C. Payment will be made at the Contract lump sum price awarded for Base Bid Item I. - Mobilization and Demobilization of Dredging Equipment in accordance with the following breakdown: 1. 65% 500,;; of the lump sum price will be paid upon completion of mobilization at the Project Site and the start of dredging work, as approved by the Public Works Manager. 2. The remaining 35% .5&% will be paid upon completion of demobilization, as approved by the Public Works Manager. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. A bid may be deemed unresponsive unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Pacific Dredge & Construction, LLC Bidder's Name (Please Print) 09/15/2 cfo�, wk� , \ President Authonze01gnature & Title City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 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: Pacific Dredge & Construction, t-t-C Business Address: 1444 Cesar E Chavez Parkway, San Diego, CA 92113-2132 Telephone and Fax Number: 619-533-7932, F 619-533-7939 California State Contractor's License No. and Class: A 1036092, A -General Engineering (REQUIRED AT TIME OF AWARD) Original Date Issued: 02/21/2018 Expiration Date: 02/28/2026 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: Walter Jellison, President 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 Pacific Maritime Group 1444 Cesar E Chavez Parkway, San Diego, CA 92113-2132 619-533-7932 Grant Westmorland CEO 1444 Cesar E Chavez Parkway, San Diego, CA 92113-2132 619-533-7932 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: Pacific Maritime Group dba Pacific Tugboat Service For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A 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 co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Pacific Dredge and Construction, LLC Bidder Walter Jellison (Print name of Owner or President of Cor o do ompany) i enf� Authorized ig ature/Title President Title Sept 16, 2025 Date On before me, , Notary Public, personally appeared who proved to me on the basis of satisfac vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatur on a instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 of the State of California that the foregoing (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :cs�ecrrr��r�v �-rc-r.�-c.�^reccrcr.�re�c�cCse,�c-rc.��`s'�+^Ccr,GG�:�cs,-cfs;rs�.n'.cccrc�rccc��.t^S;L�c�C',�fsY�.cf.::cr� 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 Califomia County of San Diego on September 17, 2025 before me, Evelia V. Duran - Notary public Date Here Insert Name and Title of the Officer personally appeared Walter Jellison Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose namef$ is/aej subscribed to the within instrument and acknowledged to me that he/stte/they executed the same in his/)oiiWtIt* authorized capacity*), and that by his/her/tIm0 signature* on the instrument the person(j), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. EVELIAV. DURAN Notary Public • California *,y San Diego CountyCommission r bf76798 Signature Comm. Expires Jan 13, 1028 M Signature of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document City of New Port Beach Balboa Yacht Basin Title or Type of Document: Maintenance Dredging Information Reauired of Bidder Document Date: 09/16/2025 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: e�� cc�cFz�z�cY<ct czc cccz�z�c�z; ct cart ctuc.�c�rx c�cccrcczl_z �cr 02015 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach Balboa Yacht Basin Maintenance Dredging Contract No. C-9944-1 (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. C-9944-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 09/16/2025 Date Ph-.619-533-7932, Fax 619-533-7939 Bidder's Telephone and Fax Numbers A 1036092, A -General Engineering Bidder's License No(s). and Classifications) 1000055882, Exp 06/30/2028 DIR Registration Number Pacific Dredge and Construction, LLC Bidder Bidder's Autho`�ed Signature and Title 1444 Cesar E Chavez Parkway, San Diego, CA 92113-2132 Bidder's Address Bidder's email address: Walt@pacdredge.com PR-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL AND SPECIAL PROVISIONS BALBOA YACHT BASIN MAINTENANCE DREDGING PROJECT NO. 261-113 CONTRACT No. C-9944-1 CONSTRUCTION SET August 2025 C� ��WIP�RT < �� C'q -IFORN�P PREPARED BY: M of c Anchor QEA, Inc. 9700 Research Drive Irvine, CA 92618 (949) 347-2780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA YACHT BASIN DREDGING PROJECT NO. 26H13 CONTRACT NO. C-9944-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 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 2-13 Ocean Conditions 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 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 7 7-2.2 Prevailing Wages 7 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) 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 SAFETY 7-10.1 Traffic and Access 7-10.2 Street Closures, Detours and Barricades 7-10.3 Haul Routes 7-10.4 Safety 7-10.4.1 Work Site Safety 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA YACHT BASIN DREDGING PROJECT NO. 261-113 CONTRACT NO. C-9944-1 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-5281-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria 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 SP 1 of 10 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 This project is located in Newport Harbor in Newport Beach, California. The objective of this project is to perform maintenance dredging in the Balboa Yacht Basin to provide navigable depths, remove sediment, and reduce the risk of vessel and dock grounding. Work must be accomplished by dredging the designated Dredge Areas and properly disposing of the dredged sediment at the approved in -water disposal site at the Port of Long Beach (Port), Pier G. 2-13 Ocean Conditions The Contractor is advised that the project sites are located within a coastal zone that experiences variable changes in wind, waves, water level, current, and weather. The Contractor is further advised that the project sites are located within a coastal zone that may experience higher wave heights due to offshore wave refraction and shoaling effects. The work may be exposed to storm wave attacks. Portions of the work specified herein may require the Contractor to schedule his activities during times of most favorable tides. Low tides do not always occur during daylight hours. The Contractor shall satisfy himself as to the hazards, risks, and work conditions likely to arise from weather variations and/or tidal variations and is advised to subscribe to a marine weather and wave forecast service and consult tide tables published by the National Oceanic and Atmospheric Administration. Daily tide elevations may vary from predicted tide elevations due to wind, storms, atmospheric conditions, and other effects. The bidder to whom this contract is awarded agrees by execution of the contractor that the Contractor neither has nor shall have any claim, demand, action or cause of action against the City of Newport Beach, or any officer or employee thereof, on account of or in respect to any actual Ocean conditions that are in variance with predicted events. 3-3 EXTRA WORK 3-3.2 Payment SECTION 3 - CHANGES IN WORK Page SP2of10 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 Delete this section and replace with the following: 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 Delete this section and replace with the following: 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 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. Page SP 3 of 10 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, locating 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 located 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 or cover 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 or cover of identical type and size at no additional cost to the City. Lighting, utility services, trash collection, etc., shall continuously provided to the piers and restaurants and not disrupted by the Contractor's activities. If the existing utilities interfere with construction, the Contractor shall submit drawings to the Engineer for approval showing methods, materials, and sequences of operation for maintaining utility services. The cost of any temporary relocation of utilities will be at the Contractor's expense. Notching of pier timbers for utility lines will not be permitted unless authorized by the Engineer. 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 Page SP 4 of 10 Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 80 consecutive working days after the date on the Notice to Proceed, unless extended in writing by the City. If work is not completed within the specified date, remobilization shall be at the burden/expense of the contractor. 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 6:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the City. 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 $207 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) Page SP 5 of 10 9. December 24t', (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,500.00. 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 FACILIITIES 7-1.2 Temporary Utility Services Page SP 6 of 10 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 shut -downs 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 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, parking lots, beaches, piers, 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 Page SP 7 of 10 may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. Move maintenance and repair activities on shore, if feasible. b. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. c. Checking construction vehicles/equipment for leaking fluids. d. Providing a controlled area for cleaning or rinse -down activities. e. Monitoring construction activities. f. Minimizing usage of water when saw -cutting and vacuum the residue. g. Providing measures to capture or vacuum -up water contaminated with construction debris. h. Removing any construction related debris on a daily basis. i. 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. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall use care to avoid any damage to existing structures and vessels, including but not limited to, bulkheads, docks, piers, boats, yachts, pilings, armor stone, foundations, anchors, breakwaters, and buildings. The Contractor is cautioned to be especially careful in any welding and cutting operations to avoid fire in timber structures. The Contractor shall furnish and maintain all safety devices and extinguishers. A fire watch shall be established whenever welding or acetylene torches and other flame cutting devices are used. The fire watch personnel shall have a dry chemical extinguisher ready for use. In addition the Contractor shall also protect any donated/plaqued benches and the landscaping and irrigation near the basin. 7-10 SAFETY 7-10.1 Traffic and Access Page SP 8 of 10 As necessary, the Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. . The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.2). 7-10.2 Street Closures, Detours and Barricades At the pre -construction meeting, the Contractor shall submit plans for closing, detouring, and barricading docks or other work areas to the Engineer for approval. A separate plan shall be submitted for other work areas and for each stage of proposed construction. The plans shall include the following: 1. Locations of work areas and traffic controls, barricades, warning and guidance devices, temporary restrictions, etc., around these work areas; 2. Locations of nearby areas where work will be performed by others; 3. Other details that may be necessary to assure that fishermen, pedestrians, and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience. 4. Emergency vehicle access shall be maintained at all times. 7-10.3 Haul Routes 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 Page SP 9 of 10 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. Page SP 10 of 10 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications SECTION 01 SUMMARY OF WORK PART 1— GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. This project is located in Newport Harbor in Newport Beach, California. The objective of this project is to perform maintenance dredging in the Balboa Yacht Basin to provide navigable depths, remove sediment, and reduce the risk of vessel and dock grounding. Work must be accomplished by dredging the designated Dredge Areas and properly disposing of the dredged sediment at the approved in -water disposal site at the Port of Long Beach (Port), Pier G. B. This is a City of Newport Beach (City) project. The City will be represented by their Public Works Manager, Mr. Chris Miller, during this project. The Public Works Manager may designate an additional City Representative. Within these Technical Specifications, the teen "Public Works Manager" shall mean the Public Works Manager or the City Representative. C. The Contractor is required to meet minimum dredging elevations as described in the Contract Documents. However, the Public Works Manager may accept work as complete if, in the opinion of the Public Works Manager, the dredging work has sufficiently achieved the project objectives. D. Contract Documents for this project include the following documents: 1. Special Provisions 2. Insurance Requirements (Exhibit A) 3. Technical Specifications (Exhibit B) 4. Permits (Exhibit C) 5. Design Drawings (Exhibit D) 6. Sediment Assessment Report (Exhibit E) E. The Work includes providing all labor, materials, equipment, insurance, licenses, and any related services required for the dredging and proper disposal of sediment from the Project Site. F. This Contract includes work covered by lump sum and unit prices. G. The mobilization, demobilization, environmental controls, and surveying work of this Contract include lump sum prices. The lump sum work consists of two Base Bid Items as follows: Section 01: Summary of Work 1 — 1 August 2025 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications 1. Base Bid Item 1 consists of mobilizing and demobilizing all equipment to and from the Project Site, including final Project Site cleanup after project completion. 2. Base Bid Item 2 consists of performing hydrographic surveying to meet regulatory submittal requirements, provide a pre -construction survey and Daily Progress Surveys to the Public Works Manager, and provide final review of project completion and calculation of pay volume as compared to pre - construction conditions. H. The dredging work of this Contract includes unit prices. The unit price work consists of two Base Bid items, as described below. l . Base Bid Item 3 consists of dredging, handling, transporting, and disposing of sediment at Pier G, up to the Total Base Bid price as described by the Contract Documents and shown in the Drawings. Dredging of the Balboa Yacht Basin to a Required Dredge Elevation of - 10 feet mean lower low water (MLLW) plus 2 feet of payable overdredge, with sediment and debris handling prior to transport b. Transportation and disposal of dredged sediments from the Balboa Yacht Basin to the City -approved disposal site at the Port Pier G. 2. Base Bid Item 4 consists of removal, handling, transportation, and disposal of debris encountered during dredging, up to the Total Base Bid price as described by the Contract Documents and shown in the Drawings. I. The award of Work is subject to permitting, funding, operations, and other priority decisions made at the sole discretion of City and the Public Works Manager. Unless provided otherwise in the Contract Documents, all risk of loss to the Work covered by the Contract Documents shall rest with the Contractor until final completion and acceptance of the Work. K. The Contractor is expected to visit the Project Site prior to commencement of the dredging activity to document existing Project Site conditions, including existing damage, if any, at the Project Site and adjacent properties. The Contractor's failure to do so will be deemed a waiver of any abjection to the Public Works Manager's determination of damage to the Project Site and adjacent properties as a result of the Contractor's Work. 1.2 DEFINITIONS A. Dredge Area: Horizontal extents of the area(s) where the Contractor is responsible for removing all material to the Required Dredge Elevation. B. Excessive Dredging: Dredging of sediment outside of the dredging limits (with the exception of Slough Material) and/or below the Maximum Allowable Overdredge Elevation (-12 feet MLLW) are both considered Excessive Dredging, which is prohibited Section 01: Summary of Work 1-2 August 2025 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications by project permits and may be cause for fines issued by regulatory agencies. The Contractor will not be paid for Excessive Dredging and will be responsible for any regulatory agency fees and fines incurred as a result. C. Debris: Debris is non -sediment material that may be encountered as part of the dredging process, including, but not limited to, solid waste materials, logs, wire, cable, bait tanks, steel, anchors, lumber, trash, concrete, rubbish, and the like. All Debris shall be segregated from the dredged sediment prior to transport from the Project Site and disposed of at a City -approved upland landfill facility and in accordance with applicable local, state, and federal regulations. D. Maximum Allowable Overdredge Elevation: An elevation 2 feet below the Required Dredge Elevation (-12 feet MLLW) E. Pay Overdredge Elevation: An elevation below the Required Dredge Elevation (40 feet MLLW) that will be paid to account for equipment tolerance. For this project, the Pay Overdredge Elevation is -12 feet MLLW, which is 2 feet deeper than the Required Dredge Elevation. The Pay Overdredge Volume is included in the Bid Item volume. F. Pay Volume: The quantity of dredged sediment calculated on an in situ basis within the Dredge Area and above the Pay Overdredge Elevation using comparison of pre- and post - dredge surveys. Note that the pre- and post -dredge surveys will be conducted with multibeam surveying methods by a licensed hydrographic surveyor procured by the Contractor. Pay volume includes material that sloughs from the side -slope area to a maximum limit of 3 horizontal to 1 vertical (3H:IV). Note that the Contractor shall not directly dredge in the side -slope area; dredge cuts at dredge area boundaries shall be vertical to the required dredge elevation. The Contractor shall account for side -slope slough volume in its bid price. G. Project Site: The designated Dredge Area, as well as the marina facilities, open -water, and upland facilities and structures in the immediate vicinity of the Dredge Area H. Required Dredge Elevation: The elevation within the Dredge Area above which the Contractor is required to remove all sediment (-10 feet MLLW) Side Slope: The area between the outer edge of the dredge cut at the Required Dredge Elevation (toe of cut) and the intersect point at original ground/mudline level (top of cut). The payable side slopes are as shown in the Drawings. Side slopes in this project are given for measurement and payment purposes only and are not necessarily the angle of repose of the sediment that will occur following completion of required dredging activities. The side -slope area shall not be directly dredged. Slough Material: Sediment from the side -slope area that sloughs into the dredge prism as a result of making a vertical cut to grade. The Contractor shall remove such sediment until the Required Dredge Elevation is met. The estimated volume of Slough Material was calculated assuming a 3H:1 V slope from the toe of the Required Dredge Elevation cut and is included in the total dredge quantity presented in the bid form. The Contractor Section 01: Summary of Work 1 — 3 August 2025 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications will not be paid for sloughing beyond the indicated design side slope. Slough Material above the design side slope is included as part of the Pay Volume. K. Disposal Site: The City's selected facility for disposal of dredged sediment that will be placed at the Port of Long Beach Pier G Slip Fill Placement Area (Pier G). 1.3 SUBMITTALS A. Health and Safety Plan: The Contractor is responsible for health and safety at the Project Site and shall prepare and submit a site -specific Health and Safety Plan (HASP) detailing the Contractor's means and methods to provide for the health and safety of the Contractor's employees, the City's representatives, and the public. The intent of the HASP is to reduce the exposure of workers and the public to hazards that could be encountered or present during project activities (as required in relevant regulations and statutes, including, but not limited to, those of the Occupational Safety and Health Administration [OSHA] and the U.S. Coast Guard [USCG]). The Public Works Manager will review the Contractor's HASP, but the Public Works Manager's review does not alleviate the Contractor's responsibility to comply with all relevant health and safety laws and regulations, nor indicate the Public Works Manager's approval of the HASP. The HASP shall be kept at the Project Site at all times during the Work. B. Environmental Protection and Monitoring Plan: The Contractor shall prepare and submit an Environmental Protection and Monitoring Plan no more than 7 calendar days after the Notice to Proceed (NTP). After it is accepted by the Public Works Manager, the Environmental Protection and Monitoring Plan shall be maintained at the Project Site at all times during the Work. At a minimum, it shall contain the following: A Water Quality Control section that describes which type of best management practices and operations will be used to comply with the water quality certification and applicable state and regional water quality standards and which contingency actions will be taken to meet water quality criteria should noncompliance occur during dredging, in - water transport, and disposal at Pier G. 2. Methods that will be used to monitor scows for uncontrolled leakage during loading and transport of dredged sediment. If leakage is evidenced, however minor, the operations shall be terminated and not restarted until repairs, satisfactory to the City, are made. 3. Methods for preventing polluted runoff from dredging plant and other equipment from entering local water bodies. 4. A Spill Prevention Control and Countermeasures (SPCC) section that includes but is not limited to the following: Identification of construction -planning elements and potential spill sources at the Project Site 6. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Public Works Manager in addition to the legally required federal, state, and local reporting channels (including, but not limited to, the National Response Center at Section 01: Summary of Work 1-4 August 2025 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications 1-800-424-8802) if a reportable quantity spill occurs. The SPCC section shall contain a list of the required reporting channels and current phone numbers. An outline of response actions in the event of a spill or release, and identification of notification and reporting procedures 8. An outline of measures that will be taken by the Contractor to prevent the release or spread of hazardous materials (either found on site or encountered during construction, including any not identified in Contract Documents) or any hazardous materials that the Contractor stores, uses, or generates on the construction site during constriction activities. These items include, but are not limited to, gasoline, oils, and chemicals. 9. A list of materials and equipment to be immediately available at the job site tailored to cleanup work of the potential hazard(s) identified. 10. A requirement that the Contractor maintain at the job site the applicable equipment and material designated in the SPCC section. Hazardous materials are defined by the State of California in California Code of Regulations Title 22, Division 4.5. C. Quality Control (QC) Reports: The Contractor shall submit QC reports daily to the Public Works Manager no later than noon on the following working day for the day of work reported. The reports shall document all dredging and disposal or other construction operations for all shifts in the last 24-hour period. Each report shall contain descriptions of areas dredged, quantities of sediment dredged, quantities of dredged sediment disposed/placed at each disposal/placement site used, number of scows loaded each day, hydrographic condition surveys, type and quantity of encountered debris and disposal procedures, weather conditions, effective and noneffective working time(s), names of each piece of Contractor and Subcontractor dredging plant on the job, names of all personnel on the job, and full descriptions of any incidents or notable occurrences. The Contractor shall include other reporting requirements as required by the permits (issued by the U.S. Army Corps of Engineers [USACE], Regional Water Quality Control Board [RWQCB], and Port). The QC report shall be filled out for each day the Contractor's dredging plant is on site, whether or not it is working. Daily Progress Surveys shall accompany the QC reports as applicable, unless the Public Works Manager indicates otherwise. D. Vessel Traffic Control Log: The Contractor shall submit the Vessel Traffic Control Log to the Public Works Manager weekly. The log shall note anytime the Contractor moved its dredging equipment to accommodate passing vessels, any incidents that occurred during passage of vessels, or other noteworthy events related to non -dredging vessels. E. Communications Plan: The Contractor shall submit a written communications plan, in Microsoft Word format, to be shared with boaters for the purposes of radio and mobile phone contact and vessel clearance requests. F. Dredging and Disposal Submittals: The Contractor shall submit all required dredging and disposal submittals, as described in Section 03 Dredging and Disposal, Article 1.2 Dredging Submittals. They include the following: 1. Dredging Operations Plan Section 01: Summary of Work 1 — 5 August 2025 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications 2. Solid Debris Management Plan 3. Notice of Commencement and Completion of Work 4. Disposal site Verification Log 1.4 CONTRACT SCHEDULE AND SEQUENCE OF WORK A. The City intends to issue a Contract NTP. B. The Contractor shall have 7 working days from receipt of the NTP to submit a Dredging Operations Plan (DOP) to the Public Works Manager as described in Section 03 Dredging and Disposal of these Technical Specifications and as required by the USACE permit. After the DOP is approved by the Public Works Manager, the City, or its representatives, shall submit the DOP to the regulatory agencies and copy the Public Works Manager on the transmittal. C. Upon receipt of agency approval to dredge, the Contractor shall coordinate a construction schedule with the Public Works Manager in relation to upcoming events and operations at the Project Site. 1.5 INHERENT DELAYS A. The Balboa Yacht Basin Marina is an active marina, and recreational and commercial use shall take precedence over the Contractor's activities. The Contractor shall anticipate inherent delays while conducting dredging and disposal operations. Examples of inherent delays may include safely accommodating recreational or commercial vessel traffic within the surrounding area or along dredged sediment disposal transport routes. Inherent delays may also include, but not be limited to, work slowdowns or temporary shutdowns as needed to maintain compliance with water quality criteria as reflected in regulatory permits, repositioning of dredging equipment, ingress and egress to/from the marina within reason, delays caused by surveying, and weather delays. No additional compensation will be provided for inherent delays. 1.6 WORK RESTRICTIONS A. Equipment: Dredging shall be performed using mechanical dredging equipment. Dredged sediment transport to the ultimate disposal or placement site shall be accomplished using waterborne vessels. No on -site stockpiling or tricking will be permitted. Use of hydraulic dredging equipment shall not be utilized. B. Working Hours: The Contractor's standard allowable working hours are 7 a.m. to 6:30 p.m., Monday through Friday. No construction activity is allowed on Saturdays, Sundays, and federal holidays, unless approved by the Public Works Manager 3 days in advance of preferred work. Disposal operations may extend beyond the allowable working hours with approval from the Public Works Manager. Section 01: Summary of Work 1-6 August 2025 Exhibit B Technical Specifications Balboa Yacht Basin 2025 Maintenance Dredging C. Vessel Mooring/Berthing: At the end of each working day, the Contractor shall moor its equipment and scows in a location as directed by the Public Works Manager to avoid or minimize interference with marina traffic. Mooring/berthing area is to be determined by the Public Works Manager but is estimated to be within/near the adjacent mooring field (Mooring Field D) between Balboa Yacht Basin and North Bay Front on Balboa Island. Contractor to propose vessel mooring needs and spacing to Public Works Manager. D. Access: Contractor access shall be established in a pre -construction walk-through with the Public Works Manager. E. Parking: Parking for the Contractor's employee vehicles shall be confined to the location designated by the Public Works Manager. 1.7 PERMITS, APPROVALS, AND NOTIFICATIONS A. Maintenance Dredging Permits: The City has obtained permits from the following agencies for maintenance dredging and disposal of sediment from the Project Site (Exhibit C A): Port, USACE, & RWQCB. A permit from the California Coastal Commission is not required. B. California State Lands Commission (CSLC): This project does not require a lease from CSLC; however, CSLC has been notified of this project and requires that sediment dredged from this project shall not be sold for monetary profit. C. USCG: The Contractor shall comply with the USCG requirements for safe boating and other navigational operations while performing the Work within Newport Harbor or any other area where USCG has jurisdiction, including displaying the proper signals during daytime and nighttime operations, when applicable. The Contractor shall comply with all permit conditions regarding participation in USCG's Vessel Traffic Control Service. 1. If the Contractor is required to relocate a navigational buoy to complete the Work, this relocation shall be included in the Contractor's Notice to Mariners required by the USACE permit. Each buoy shall be replaced in the original location from which it was removed prior to work. D. Contractor's Permits and Licenses: The Contractor shall be responsible for securing and paying for all additional permits and licenses required for operation of equipment, floating or otherwise. E. The Contractor shall identify the proposed Incidental Debris disposal site during the bidding process. The Contractor shall provide with its bid proof that the site is permitted and able to accept Incidental Debris (as defined herein) from this project. The ultimate acceptance of the bid shall be contingent upon regulatory agency approval of the identified disposal site. PART 2 — PRODUCTS (Not Used) Section 01: Summary of Work 1-7 August 2025 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications PART 3 — EXECUTION (Not Used) PART 4 — MEASUREMENT AND PAYMENT (Not Used) -END OF SECTION - Section 01: Summary of Work 1 — 8 August 2025 Balboa Yacht Basin 2025 Maintenance Dredging SECTION 02 Exhibit B Technical Specifications MOBILIZATION AND DEMOBILIZATION PART 1— GENERAL 1.1 WORK INCLUDED A. The Work under this Section specifically consists of the following Bid Item: 1. Base Bid Item 1: Mobilization and Demobilization of Dredging Equipment B. The Work under this Section consists of all requirements and services necessary to mobilize and demobilize dredging equipment and labor for completion of maintenance dredging of the Balboa Yacht Basin. C. Mobilization shall include preparatory work including, but not limited to, work necessary for the mobilizing and furnishing of equipment, materials, supplies, and incidentals necessary for work performed at the Project Site; the cost for prepaid bonds and insurances; the preparation and submission of all pre -dredging documentation; provision for the Contractor's superintendent to be at the Project Site full time; verification of the existing conditions before starting work at the Project Site; posting of all Occupational Safety and Health Administration (OSHA) -required notices and establishment of safety programs; and all cleanup activities. D. Demobilization shall consist of all work required to prepare the Contractor's dredging plant and equipment for transferring and removing all dredging plant, equipment, labor, and unused supplies, including project signs, and incidentals from the Project Site at the completion of Contract Work, including the cleanup and restoration of all land -based staging areas used in the execution of the Work. 1.2 REQUIREMENTS A. The Contractor's dredging plant and equipment to be used in performing the Work shall be of sufficient size and efficiency to achieve the project objectives (Section 01 Summary of Work) and shall be subject to approval by the Public Works Manager. All floating equipment and vessels shall be certified as seaworthy by the U.S. Coast Guard prior to mobilization at the Project Site. B. The Contractor's dredging plant, equipment, labor, and materials shall not be removed from the Project Site prior to completion and acceptance of the Contract work without the written pennission from the Public Works Manager. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION Section 02: Mobilization and Demobilization 2-1 Balboa Yacht Basin 2025 Maintenance Dredging 3.1 FLOATING MARKER BUOYS A. Refer to Section 5: Aids to Navigation. PART 4 — MEASUREMENT AND PAYMENT 4.1 MOBILIZATION AND DEMOBILIZATION Exhibit B Technical Specifications A. All incidental work required to complete mobilization and demobilization, including, but not limited to, preparation and transport of all crew and equipment to and from the Project Site and other items relevant to this project and not specifically included in the other Bid Items, shall be included in the unit price for the Base Bid Item 1: Mobilization and Demobilization of Dredging Equipment. B. Measurement for payment will be based on the following: 1. Mobilization will be deemed complete when the Public Works Manager determines that all pre -dredging submittals have been received and approved as complete and that all required dredging equipment is on site in working order. 2. Demobilization will be deemed complete when the Public Works Manager determines that all post -dredging submittals have been received and approved as complete, all dredging equipment has been removed from the Project Site, final cleanup has been achieved, and all dredging work has been accepted as complete. C. Payment will be made at the Contract lump sum price awarded for Base Bid Item 1: Mobilization and Demobilization of Dredging Equipment in accordance with the following breakdown: 1. 50% of the lump sum price will be paid upon completion of mobilization at the Project Site and the start of dredging work, as approved by the Public Works Manager. 2. The remaining 50% will be paid upon completion of demobilization, as approved by the Public Works Manager. -END OF SECTION - Section 02: Mobilization and Demobilization 2-2 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications PART 1— GENERAL 1.1 WORK INCLUDED DREDGING AND DISPOSAL A. The Work under this Section specifically consists of the following Bid Items: Base Bid Item 3: Dredging, Sediment Handling, Transportation, and Diposal of dredged sediments at Pier G to a Required Dredge Elevation of -10 feet mean lower low water (MLLW), plus 2 feet of payable overdredge. 2. Base Bid Item 4: Debris Removal, Management, and Disposal to the City -approved upland disposal site B. The Work under this Section consists of all labor, materials, tools, equipment, insurance, licenses, transportation, and any related services necessary for maintenance dredging in the Balboa Yacht Basin and approved disposal of sediment as described in the Contract Documents and as described herein. C. Dredging with transport and disposal shall include mechanical dredging of the required dredge prism to achieve the Required Dredge Elevations as indicated in the Contract Documents, as well as transport and disposal of dredged sediment to the Port Pier G Disposal Site. All dredging and dredged sediment transport shall be accomplished using mechanical, waterborne equipment. No trucking of dredged sediment from the Balboa Yacht Basin will be permitted. Ancillary work includes but is not limited to provision for the site and health and safety, environmental protection and controls to meet all permit conditions, implementation of quality control (QC) pursuant to the Technical Specifications, and protection of existing structures. D. All dredging and disposal work shall be in accordance with the health and safety and public safety requirements described in the Contract Documents, regulatory permits, and the Contractor's Health and Safety Plan (HASP). See Section 01 Summary of Work of these Technical Specifications for health and safety, and public safety requirements and submittals. E. All dredging and disposal work shall be in accordance with the environmental protection and monitoring requirements described in the Contract Documents, regulatory permits, and the Contractor's Environmental Protection and Monitoring Plan. See Section 01 Summary of Work of these Technical Specifications for environmental protection and monitoring requirements and submittals. F. The Drawings indicate site conditions at the time of the hydrographic survey; however, the Contractor shall dredge and remove sediment to achieve the required dredge elevations, regardless if mudline elevations at the time of dredging have changed. Note that the bathymetry shown in the Drawings is based on a survey performed on Section 03: Dredging and Disposal 3-1 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications February 10, 2025. Bathymetric conditions may vary from those shown in the Design Drawings. See Section 04 Dredging Survey and Volume Calculations, Article 3.2, Paragraph C for information regarding pre -dredge surveys associated with sediment accumulation. 1.2 DREDGING SUBMITTALS A. In addition to the submittals described in Section 01 Summary of Work, Part 1.3, the Contractor shall submit the following to the City of Newport Beach (City), as required by the U.S. Army Corps of Engineers (USACE) for issuance of an Authorization to Dredge (ATD), within 7 working days following the Notice to Proceed. Each submittal shall include the USACE pen -nit number, episode number, and all other requirements as noted in the USACE permit. The Public Works Manager will review and forward documents to USACE for final approval. Dredging shall not commence until USACE issues an ATD letter. B. Dredging Operations Plan (DOP): The DOP shall address all requirements as noted in the USACE permit. Include the plan for working around and under docks and structures, plus a description of measures to protect the dock structures. Any changes to the DOP made after its approval shall be submitted to the Public Works Manager for written approval as the dredging work proceeds. The DOP shall include, but not be limited to, the following items: 1. USACE permit and other applicable permit numbers (A copy of all dredging pen -nits is contained in Exhibit C of these Project Specifications.) 2. The Contractor's business name, phone number, dredging site representatives, and emergency contact phone numbers 3. Anticipated dredging and disposal schedule: A construction schedule shall be prepared in Gantt chart format identifying all major milestones and completion date. 4. Proposed equipment and method of dredging: The equipment description shall contain, at a minimum, the type, name or number, capacity, overall dimensions, radio callsigns, and other relevant Technical Specifications as may be required by permit conditions. The anticipated average daily dredging production rate shall be described. 5. Proposed dredge cuts and associated disposal/placement locations (i.e., Pier G, or permitted debris upland disposal site), including approximate sediment quantities for each disposal/sediment location as required: The Contractor shall notify the Public Works Manager, and/or their designee, immediately if a deviation is made from the proposed disposal plan. The name, location, permit status, and any other relevant information for the proposed dredged sediment disposal site(s): The description shall include the location, applicable regulatory permits for the disposal locations to accept this sediment, and an offloading and hauling plan describing how debris will be transported from the Project Site to the Upland Disposal Site. Public Works Manager to approve Rhine Wharf as an acceptable and approved debris and material off-loading site. (Contractor to obtain permit from the City's Harbor Department).. Section 03: Dredging and Disposal 3-2 Exhibit B Technical Specifications Balboa Yacht Basin 2025 Maintenance Dredging 7. Anticipated daily disposal rate at each proposed dredged sediment disposal site 8. The method and equipment used to transport the dredged sediment to the dredged sediment disposal site(s) and the method of offloading or disposing of the sediment 9. The method and equipment to be used for positioning control of the dredge and scow(s) for sediment disposal and placement at Pier G indicating how horizontal and vertical positioning control will be maintained during dredging operations and how horizontal control will be maintained during disposal operations 10. Equipment and methods to achieve placement elevations at Pier G disposal site 11. Documentation of QC procedures, including samples of daily and weekly forms, reports, and submittals 12. Security and safety methods to keep the public away from and clear of all dredging and disposal activities, including compliance with appropriate U.S. Coast Guard (USCG) rules 13. Location of all buoys and lights to be used by the Contractor 14. A copy of the Notice to Mariners 15. All other information required by USACE for approval of the DOP C. Solid Debris Management Plan: This plan shall be submitted to the Public Works Manager with the DOP. It shall address all requirements as noted in the USACE permit, including, but not limited to, the following: 1. USACE pen -nit number 2. Source and expected type of debris, including anticipated Incidental Debris associated with dredging activities 3. Debris retrieval and separation method: Debris must be segregated from dredged sediment for Disposal at Pier G. 4. Debris disposal method and the naive, location, permit status, hauling, and offloading plan describing how debris will be transported from the Project Site to the Upland Disposal Site and any other relevant information for the proposed Upland Disposal Site. Debris must be removed from the Project Site using waterborne equipment. No debris stockpiling, offloading, or trucking will be permitted at the Project Site, unless prior approval is given by the Public Works Manager. 5. Debris containment method to be used, if floatable debris is involved, including containment boom design, installation, maintenance, and operations D. Notices of Commencement and Completion of Work: The City shall submit a Notice of Commencement of Work and a Notice of Completion of Work to USACE, as required in the USACE permit. E. Disposal Site Verification Log: For disposal of sediment at Pier G, the Contractor shall maintain a daily disposal Site Verification Log and Electronic Positioning Data Record Section 03: Dredging and Disposal 3-3 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications for weekly submittal to USACE and the Public Works Manager. The Contractor steal I follow all procedures for this submittal as outlined in the USACE permit. F. Upland Disposal Site Verification: For disposal of debris at an Upland Disposal Site, the Contractor shall submit, on a weekly basis, weight tickets or other documentation that any sediment or debris was properly disposed. 1.3 EXISTING PROJECT SITE CONDITIONS A. Prior to submitting a bid, the Contractor shall undertake the following: 1. The Contractor shall conduct a Project Site inspection and be responsible for reviewing all the Contract Documents, including reference docuunents and appendices, and making an independent assessment of the conditions affecting the Work. The Contractor shall satisfy itself as to the nature and location of the Work; the general and local conditions, particularly those bearing upon equipment access, availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather or similar physical conditions at the Project Site; the conditions of the ground; the character of facilities needed during the Work; and all other matters that can in any way affect the Work or the cost thereof under this Contract. 3. The Contractor, further, shall satisfy itself as to the character, quality, and quantity of surface and subsurface sediment to be encountered, based on inspection of the Project Site, any exploratory work done by the Public Works Manager, and information presented by the Contract Documents. Any failure by the Contractor to acquaint itself with all the available information will not relieve the Contractor from responsibility for properly estimating the difficulty or cost of successfully performing the Work. B. Although not expected due to previous dredging, the Contractor could encounter underground obstructions such as utility lines, concrete foundations, soil conditions, pilings, misplaced rock, and debris. No extra payment will be allowed for removal, replacement, repair, or possible increased cost caused by such underground obstructions generally considered inherent to maintenance dredging. Any such lines or obstructions indicated in the Drawings show only the approximate location and shall be verified in the field by the Contractor. The Public Works Manager will endeavor to familiarize the Contractor with all known underground obstructions, but this shall not relieve the Contractor from full responsibility to plan for the potential presence of and locate all underground obstructions. The Contractor shall promptly (by the end of the day's shift) notify the Public Works Manager in writing of subsurface conditions at the Project Site that materially differ from those ordinarily encountered during maintenance dredging work or as presented in the Contract Documents. The Public Works Manager will promptly investigate the conditions. If the Public Works Manager determines that the subsurface conditions do materially differ and cause an increase or decrease in the cost or time required for performance of the Work, an equitable adjustment shall be made, and the Contract Documents shall be modified by a Change Order. Any Contractor claims will only be considered if the Contractor has given the required written notice and if the Section 03: Dredging and Disposal 3-4 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications Public Works Manager determines the Contractor has provided sufficient facts to justify the claims. No claims will be considered after final payment is made. C. The Contractor shall perform a pre -construction inspection and photograph documentation of the basin (including all structures, seawalls, docks, docked vessels within the marina, moored vessels near the marina, piers, piles, and wharfs) to document pre -construction conditions in the event of damage to existing structures. D. The Contractor shall assume all private vessels docked within and around Balboa Yacht Basin will remain in place for the duration of the project and must plan accordingly. The Contractor shall make their best effort to dredge as much of the dredge footprint and available volume as possible within the project area, without damaging existing infrastructure and vessels in slips. E. The Contractor shall take extreme care during dredging mobilization, operations, and demobilization to avoid damaging the adjacent structures such as shoreline rock revetment, bulkhead walls, docks, docked vessels within the marina, moored vessels near the marina, piers, and piles. Any damage caused to these structures by the Contractor's equipment, actions, or Excessive Dredging shall be repaired to pre -project conditions by the Contractor with no additional compensation from City. F. Riprap may have migrated from the adjacent shoreline rock revetment and may be encountered either at or below the current mudline within the required dredging template. If riprap is encountered, the Public Works Manager must be notified immediately. Riprap that can be removed using the Contractor's dredging equipment is considered incidental to the Work and does not constitute a change in character of the Work. G. Available sediment chemistry and grain -size information previously collected from dredged sediment samples within the Dredge Area can be found in the Exhibit D of these Technical Specifications. Results of these investigations may be used as a general guide for classifying sediment for the intended purposes but should not be relied upon to provide a complete and total representation of the subsurface conditions. The Contractor shall make its own interpretation and conclusions on the information presented in the investigation. H. The Contractor may temporarily relocate any navigational buoys within the dredge template but must return them to their original locations at the conclusion of dredging. See Section 01 Summary of Work and Section 02 Mobilization and Demobilization of these Technical Specifications for more information. PART 2 — PRODUCTS (Not Used) Section 03: Dredging and Disposal 3-5 Balboa Yacht Basin 2025 Maintenance Dredging PART 3 — EXECUTION 3.1 GENERAL Exhibit B Technical Specifications A. The Contractor shall remove sediment within the required dredging limits as described in the Contract Documents to achieve the project objective. B. Dredging below the Allowable Payable Dredging elevation (-12 feet MLLW), or dredging outside the limits shown on the Drawings, is considered Excessive Dredging, will not be paid for, and may require be subject to regulatory fines and corrective action as directed by the Public Works Manager. All corrective actions or fines as a result of the Contractor's Excessive Dredging shall be at the Contractor's sole expense. C. The Contractor shall maintain public safety measures at all times during dredging operations in compliance with the approved Health & Safety Plan, including, but not limited to, signs, barricades, and flaggers. The Contractor shall notify the Public Works Manager at least 24 hours prior to dredging adjacent to a public area so the Public Works Manager can set up pedestrian barricades, if applicable. D. The Contractor shall abide by requirements of the National Dredging Quality Management (DQM) System, as stated in project permits. 3.2 EQUIPMENT A. Dredging and in -water disposal shall be performed using waterborne mechanical dredging, and scow transport methods. B. The Contractor shall use spuds to anchor and control the position of its equipment during dredging. Anchors, chains, lines, cables, and similar equipment are not permitted, as they have the potential to interfere with or cause damage to passing vessels and existing structures. C. The Contractor's floating dredging and disposal equipment must be certified as seaworthy by USCG prior to mobilization on the Project Site and must be maintained in working order during the project. All floating equipment must have proper markings and lighting per USCG regulations. D. The Contractor shall furnish, maintain, and operate all dredging and disposal equipment of sufficient size and type to efficiently remove the dredged sediment to achieve the project objectives in a lawful manner. E. The dredging plant, equipment, labor, and materials shall not be removed from the Project Site prior to completion and acceptance of the Contract Work without written permission from the City. Section 03: Dredging and Disposal 3-6 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications F. The Contractor shall observe all applicable State of California standards and regulations regarding air quality emissions and fueling of the dredge plant. G. All equipment shall be subject to the approval of the Public Works Manager. H. The Contractor shall provide a positioning system for horizontal and vertical control capable of functioning during all waterborne activity hours. The Contractor shall establish and maintain all survey monuments, shore stations, equipment sensors, and control points necessary to operate a waterborne positioning system. 3.3 DREDGING TEMPLATE A. Sediment shall be dredged within the required dredging limits as shown in the Drawings and as follows to achieve the project objective. 1. Limit of Dredging: Dredging shall be completed to the lines and elevations indicated in the Drawings. No dredging shall occur outside the Limit of Dredging for each Dredge Area as indicated in the Drawings. 2. Provision for Adjustment to Dredging Limits: The Public Works Manager may change the lines and elevations as needed to achieve the project objective. If such changes increase or decrease a quantity of dredging, the revised quantity will be used as a basis for payment under the unit price for Base Bid Item 3, as applicable. Any changes to elevation as directed by the Public Works Manager will be mindful of the impacts to the Contractor's equipment floatation access and dredging production assumptions. If the dredging limits are adjusted, the requirements for overdredge allowance, side -slope pay limits, and protection of existing revetment shall remain in effect. 3. Allowable Payable Overdredge: Up to two feet of material removed below the Required Dredge Elevation will be measured and paid for at the Contract unit price. However, dredging is not permitted below the Allowable Payable Overdredge. Side -slope pay limits will not apply to the overdredge areas. 4. Side Slopes: Side slopes will naturally form around the dredge cut as sediment moves to attain an assumed natural angle of repose. The side slopes are outside of the Limit of Dredging; as such, the Contractor is not permitted to dredge the side slopes. However, the Contractor is required to remove Slough Material that falls into the Limit of Dredging if that sediment protrudes above the Required Dredge Elevation. Slough Material that is removed is payable only above the side slope pay limit depicted in the Drawings. The side slope pay limit may not be the natural angle of repose encountered during dredging. Sloughing side slopes shall not be the basis for claims against the City, including, but not limited to, additional sediment required to be removed if the natural angle of repose is shallower than the side slope pay limit. End slopes, where indicated in the Drawings, shall be treated in the same manner as side slopes. The Contractor must complete all vertical dredging adjacent to side slopes and allow a minimum of 5 days for sloughing to occur prior to completion of surveys and subsequent removal of Slough Material. Section 03: Dredging and Disposal 3-7 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications 3.4 DREDGING OPERATIONS A. The Contractor shall notify the Public Works Manager 48 hours prior to the start of any dredging. Dredging shall not start until the Public Works Manager approves the start date. B. Each workday, the Contractor shall contact the Public Works Manager at the beginning and end of each shift to review upcoming and completed work. C. The Contractor and Public Works Manager shall jointly conduct a pre -construction Project Site walk-through prior to dredging activities to observe site conditions. Observations shall include the shore protection, bulkheads, fender systems, pilings and anchoring lines, adjacent docks and wave attenuators, or other facilities adjacent to their work areas. Any existing damage shall be documented and photographed by both parties. D. Existing vessels in Balboa Yacht Basin will not necessarily be removed from their slips prior to or during construction, so the Contractor must be prepared to accommodate vessels left in -berth during construction. The Contractor shall give the Public Works Manager a minimum of 5 days' notice prior to the commencement of dredging to allow for vessel relocation at the vessel owners' discretion. E. The Contractor shall protect all facilities from damage during any work. The Contractor shall notify the Public Works Manager of any damage that occurs due to the Contractor's actions or negligence and repair or replace damaged items to the satisfaction of the Public Works Manager at no additional expense to the City. F. The Contractor shall make their best effort to dredge as much of the dredge footprint and available volume as possible within the project area without damaging existing infrastructure and vessels in slips. Piles in the area noted on the Drawings shall be protected by dredging no closer than a six-foot offset distance. G. The marina must remain fully operational, and the Contractor must conduct work in such a manner to minimize interference with marina operations. The Contractor must not block channels and must allow boat traffic to continue with minimal interruptions. The Contractor must coordinate with the Public Works Manager on a daily basis to inform the Public Works Manager of planned activities for a 5-day rolling window. The Contractor must account for these potential inherent delays in its construction sequencing, schedule, and cost. H. The Contractor must observe the rules and regulations of the State of California and agencies of the U.S. government prohibiting pollution of the waters of the harbor caused by dumping any material, including, but not limited to, refuse, rubbish, and debris, in harbor water. Additionally, the Contractor must prevent adverse impact on navigation by not allowing piles and timbers to go adrift in navigable waters. I. Should the Contractor, during the progress of the Work, lose, dump, throw overboard, sink, or misplace any materials, machinery, or appliances declared by USCG or USACE to be dangerous to or obstruct navigation, the Contractor shall immediately recover and Section 03: Dredging and Disposal 3-8 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications remove the same without expense to the City. The Contractor shall give immediate notice with description and location of such obstructions to the Public Works Manager. J. All dredging and disposal operations shall be completed in compliance with all Contractor -prepared and City -approved submittals required by these Technical Specifications. K. Dredging operations are not authorized during the City's holiday boat parade, scheduled between December 17 — 21, 2025. 3.5 DISPOSAL OF DREDGED SEDIMENT (Pier G) A. Port of Long Beach Pier G Slip Fill Placement Area: The Contractor shall place all dredged sediment at the Port of Long Beach Pier G Slip Fill Placement Area, located approximately 26 nautical miles northwest along the coastline from Newport Beach Harbor. The disposal route to Pier G is shown in the drawings. B. Transport, placement, and recordkeeping for the Pier Slip Fill shall be done in accordance with the project pen -nits. Any deviation from this plan must be approved by the City in advance. C. The Pier G Slip Fill Placement Area is anticipated to be available for placement operations beginning on or near February 19', 2026. Negotiations between the Port of Long Beach and the City are underway at the time of this contract advertisement; however, it is highly anticipated that the Port of Long Beach may advance that disposal window as early as November, December 2025, or January 2026. Bidders shall assume that the Pier G Slip Fill Placement Area is available throughout the required duration of the project. D. Coordination with the Port of Long Beach and/or the Port tenant, International Transport Service LLC (ITS), for disposal at Pier G, including exact tuning and location of sediment placement within the Placement Area, will be the responsibility of the Contractor.. E. Scow Placement Records: For clamshell/scow operations, record Scow Placement Records in spreadsheet form, produce them in Microsoft Excel, and email them to the Contracting Officer on a weekly basis. The spreadsheet must include the following information: 1. Placement area (Port Pier G) 2. Placement number 3. Date 4. Times for departure and return to harbor and arrival at placement location 5. Commencement and completion times of disposal, recorded to the nearest minute 6. Water depth (in feet) at placement location Section 03: Dredging and Disposal 3-9 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications 7. Easting and northing of placement 8. Quantity of placement in cubic yards 9. Cumulative quantity placed to date (by placement location) 10. Area/reach and approximate station from which the load was dredged 11. Weather conditions/sea state F. The placement area at the Pier G Slip Fill is an active, ongoing construction project for the Port. Disposal hours at Pier G are to be coordinated with the Port of Long Beach and/or the Port tenant (ITS),with coordination and disposal activities regularly communicated to the City. Disposal at Pier G is expected to be allowed 24 hours per day and 7 days a week. G. While bidders are to assume that the Pier G Slip Fill is available for material placement throughout the required project duration, the Pier G project schedule is not dependent on material from Newport Bay Harbor; therefore, placement at the site is not guaranteed for the full duration of the Contract if placement operations extend beyond the anticipated schedule for Pier G Slip Fill constriction.. A construction schedule for fill operations at Pier G will be provided prior to the start of construction. H. Should the Pier G placement site close prior to completion of dredging and placement of the quantities indicated, dredging in areas designated for Pier G placement must immediately cease. Dredging in these areas may resume if the City is able to identify an alternative placement location. If no alternative placement site is identified, these areas will be surveyed to determine quantities removed for payment purposes in accordance with price and payment procedures, and no further dredging of these areas will be accepted for measurement and payment. I. Additional details regarding the Pier G Slip Fill are available in the attached Drawings. Stockpiling of dredged sediment at the Project Site, or hauling of the sediment or debris via trucks from the Project Site, is not permitted. All sediment and debris must be transported from the Project Site via floating scows (barges). K. The Contractor becomes, and is responsible for, dredged sediment and debris once it is dredged to be loaded on a scow for transport. L. The Contractor must comply with all permit conditions regarding scow overflow restriction requirements. M. Any dredged sediment that spills, sloughs, or is lost from the scow at any time while loading, transporting, or offloading may be subject to corrective action as directed by the Public Works Manager and/or the regulatory agencies at the Contractor's sole expense. 3.11 DEBRIS SEPARATION AND MANAGEMENT Section 03: Dredging and Disposal 3-10 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications A. Debris encountered during dredging must be segregated by the Contractor prior to sediment disposal at the Pier G Placement Site. Debris must instead be disposed of at an approved Upland Disposal Facility. B. All debris, rubbish, garbage, and other discarded materials resulting from or encountered during dredging and disposal operations shall be retained in containers until removed by the Contractor for proper upland disposal. C. All chemical waste, such as oil and grease, shall be retained by the Contractor in special tanks until properly disposed of at a permitted Upland Disposal Facility that can accept such waste, at no additional cost to the City. Handling, transport, and disposal of all non - sediment materials is incidental to the work for dredging and disposal. D. Contractor to coordinate with Public Works Manager for approved off-loading location. The Rhine Channel near the western side of Newport Bay is the preferred off-loading location for debris and other non -sediment waste. Contractor to confirm use of this area with the City. 3.7 POSITIONING CONTROL A. The Contractor shall provide and maintain its own horizontal control system with a minimum accuracy of 3 feet to ensure no work will be performed outside the designated Dredge Area and Pier G Disposal Site. The Contractor shall also install and maintain its own vertical control system with a minimum accuracy of 0.1 foot, including use of tide gauges, to control the dredging and disposal operations. B. The Contractor shall record and maintain electronic positioning records of the dredge and scows during the entire dredging operation at the dredge site, disposal operations at the Pier G disposal site, and en route to and from the disposal and/or offload facility site. These records shall be submitted on a weekly basis each Friday during dredging operations to ITS, with a copy submitted to the Public Works Manager. Electronic positioning records shall conform to all requirements in effect at the time of dredging, as set forth in the USACE permit. 3.8 EQUIPMENT BERTHING A. The City will provide free berthing for the Contractor's floating equipment. All arrangements regarding the availability and location of such berthing areas shall be made through the Public Works Manager. B. At the end of each working day, the Contractor shall moor its equipment and scows in a location as directed by the Public Works Manager to avoid or minimize interference with marina traffic. Mooringiberthing area is to be determined by the Public Works Manager but is estimated to be within/near the adjacent mooring field (Mooring Field D) between Balboa Yacht Basin and North Bay Front on Balboa Island. Contractor to propose vessel mooring needs and spacing to Public Works Manager. Section 03: Dredging and Disposal 3-11 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications C. Any damage to the fenders, substructure, pilings, bollards, pier deck, or other harbor facilities resulting from the Contractor's dredging and disposal or berthing activities shall be repaired by the Contractor immediately and at no cost to the City. The City may withhold progress payment to cover the cost of such repair if it is not completed within a reasonable time to the satisfaction of the City and the Public Works Manager. The Contractor must notify the Public Works Manager within 24 hours if any damage to these structures caused by the Contractor's actions occurs. 3.9 SITE CLEANUP A. At the conclusion of each workday, the Contractor shall clean all floats, boats, gangways, and street areas and leave such facilities in the same condition as they were at the start of work. B. During the dredging operations, the Contractor shall take all necessary measures to protect all boats in the vicinity of the work area. If any of the dredged sediment is dropped or splashed on any boat, floats, gangways and street areas, the Contractor shall immediately remove such sediment as necessary at the Contractor's expense. C. Upon completion of the work, but not until final acceptance by the Public Works Manager, the Contractor shall perform final cleanup of the Project Site, which includes all final inspections, repairs to any damage as directed by the Public Works Manager, and removal of the dredging plant and associated equipment. The Contractor shall leave the Project Site in the same condition or better than it was prior to mobilization. 3.10 INSPECTION A. The Public Works Manager will notify the Contractor of observed deviations from the DOP, other Contractor submittals, dredging extents, and Required Dredge Elevations and of noncompliance with permit conditions, and will also inspect to ensure that all sediment and Incidental Debris are disposed of at a site(s) approved by the dredging permits. B. City inspection in no way alleviates the Contractor's responsibility to comply with all permit conditions, the DOP and other approved submittals, and the Contract Documents. C. The Contractor shall, without additional compensation, provide complete cooperation and unrestricted access for inspection, including transport to the dredge, scow, and tug via the Contractor's crew boat, and travel with scow and tugboats to the disposal site(s). 3.11 FINAL EXAMINATION AND ACCEPTANCE A. The Contractor shall communicate daily with the Public Works Manager and provide notice to the City no later than three (5) calendar days prior to the completion of dredging. B. If the survey data from the post -dredge survey indicate that the Dredge Area has not met the Required Dredge Elevation or required extents of dredging, in accordance with the Section 03: Dredging and Disposal 3-12 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications Contract Documents, and the Public Works Manager has determined that the Contractor's dredging has not achieved the project objectives, the Contractor must take corrective action to complete the required work as directed by the Public Works Manager. C. Final acceptance will be provided after the Public Works Manager has determined that the project objective was achieved, demobilization is completed as described herein, and all required submittals have been received and approved by the City. D. Post -placement surveys must be performed and compared to pre -placement surveys at Pier G to document placement volumes and elevations. These data are not part of final acceptance of work but are for Port of Long Beach and ITS record keeping and must be documented. PART 4 — MEASUREMENT AND PAYMENT 4.1 DREDGING AND SEDIMENT HANDLING AT BALBOA YACHT BASIN A. All incidental work required to complete required dredging and sediment handling, including, but not limited to, QC, environmental protection, and health and safety, shall be included in the unit price for the Base Bid Item 3: Dredging, Sediment Handling, Transportation, and Disposal of Dredge Sediments at Pier G. B. The portion of the Dredge Area determined to be in compliance with the Contract requirements, or as deemed complete at the discretion of the Public Works Manager, will be measured for payment. Measurement for payment will include all sediment removed within the limits of dredging, including the Pay Overdredge Elevation and sediment sloughed from the side -slope pay limit, and will be measured as in situ cubic yardage calculated by the difference between the pre- and post -dredge surveys. C. Payment for dredging and handling will be at the Contract unit rate. Work includes setting up dredging equipment, dredging, handling of dredged sediment, cleanup, and all related and incidental work and all activities as specified herein. 4.2 TRANSPORTATION AND DISPOSAL AT PORT OF LONG BEACH PIER G A. All incidental work required to complete required transportation and disposal, including, but not limited to, QC, environmental protection, debris management, and health and safety, shall be included in the unit price for Base Bid Item 3: Dredging, Sediment Handling, Transportation, and Disposal of Dredge Sediments at Pier G. B. This bid item is measured based on pre and post dredge surveys at Balboa Yacht Basin. The survey data collected at Pier G after construction will not be used as a payment metric and is used for ITS and Port of Long Beach records only. C. Payment for transportation and disposal will be at the Contract unit rate. Work includes setting up transportation equipment, transportation, disposing of dredged sediment, debris Section 03: Dredging and Disposal 3-13 Exhibit B Technical Specifications Balboa Yacht Basin 2025 Maintenance Dredging disposal, removal, cleanup, and all related and incidental work and all activities as specified herein. 4.3 DEBRIS REMOVAL, MANAGEMENT, AND DISPOSAL A. All incidental work required to complete required debris removal, handling, and disposal, including, but not limited to, QC, environmental protection, transloading, and health and safety, shall be included in the unit price for the Base Bid Item 4: Debris Removal, Management, and Disposal. B. The removal, handling, and disposal of debris determined to be in compliance with the Contract requirements, or as deemed complete at the discretion of the Public Works Manager, will be measured for payment. Measurement for payment will include all debris removed within the limits of dredging, including the Pay Overdredge Elevation and sediment sloughed from the side -slope pay limit, pursuant to the tonnages measured by the landfill disposal weight tickets. C. Payment for debris removal, handling, and disposal will be at the Contract unit rate. Work includes setting up dredging equipment, removal, handling of debris, debris management, tricking, debris disposal, cleanup, and all related and incidental work and all activities as specified herein. -END OF SECTION - Section 03: Dredging and Disposal 3-14 Balboa Yacht Basin 2025 Maintenance Dredging SECTION 04 Exhibit B Technical Specifications DREDGING SURVEY AND VOLUME CALCULATIONS PART 1— GENERAL 1.1 WORK INCLUDED A. The work under this Section specifically consists of the following Bid Items: 1. Base Bid Item 2: Surveying B. The work under this Section includes furnishing all labor, materials, tools, equipment, and incidentals required for surveying in support of the overall project as described in the Contract Documents and in these Technical Specifications. 1.2 DESCRIPTION A. The following surveys are required as part of this Work: Pre -Dredge Survey: A bathymetric survey conducted by an independent hydrographic surveyor (i.e., a third -party surveyor who is not an employee of the Contractor) prior to dredging or disposal/placement commencement. This survey shall encompass the entire dredging area. The pre -dredge survey will be used as the basis for calculating available dredging volume from within the Dredge Area(s). This survey shall be submitted to the Public Works Manager no less than 3 weeks prior to the proposed dredging commencement date. 2. Post -Dredge Survey: A bathymetric survey conducted by an independent hydrographic surveyor (i.e., a third -party surveyor who is not an employee of the Contractor) after the completion of dredging or dredged material disposal placement. This survey shall encompass the entire dredging area. The post -dredge survey will be used to determine if the Required Project Elevation was achieved at Balboa Yacht Basin and as the basis for calculating the volume dredged from within the Dredge Area(s) by comparing to the pre -dredge survey. This survey shall be submitted to the Public Works Manager within 5 days following completion of dredging. 3. The Post -Dredge Survey will be submitted to appropriate regulatory agencies by the City. 4. Daily Progress Surveys: Bathymetric surveys conducted by the Contractor on a daily basis throughout the dredging work duration, each encompassing the area of most recent dredging. Daily Progress Surveys will be used by the City to assess the adequacy of dredging methods, equipment, and overall dredging progress. B. The pre- and post -dredge surveys must be performed by the Independent Hydrographic Surveyor. The Daily Progress Surveys may be performed by the Independent Hydrographic Surveyor or by the Contractor's survey crew. Section 04: Dredging Survey and Volume Calculations M Exhibit B Technical Specifications Balboa Yacht Basin 2025 Maintenance Dredging C. The Drawings represent conditions existing on the date of the surveys shown on the Drawings and are for information and bid planning purposes only. D. Independent Hydrographic Surveyor Qualifications 1. The Contractor must submit the name of the Independent Hydrographic Surveyor. The Independent Hydrographic Surveyor shall be required to document and certify in writing that they have at least 3 years of experience in hydrographic surveying of navigable waters. 2. The Independent Hydrographic Surveyor shall be a registered Professional Land Surveyor with a current certification in California. 3. The Independent Hydrographic Surveyor shall be certified by The American Congress on Surveying and Mapping/The Hydrographic Society of America as a Certified Hydrographer. 4. The Independent Hydrographic Surveyor shall provide documentation indicating that modern electronic horizontal positioning and depth -finding equipment are available for the surveys to be performed, including differential global positioning system) capacity, and shall include, at a minimum, the name, model, and year of manufacture of the electronic equipment, the electronic mode, and the electronic frequencies of the horizontal positioning and depth -finding equipment, and the manufacturer's stated positioning accuracy and capacity of the equipment proposed for use. 5. The Independent Hydrographic Surveyor shall provide a statement that a safe and suitable vessel is available for operation in the water where the surveys are to be performed and that experienced staff are available for the operation of the vessel, as well as the electronic positioning and depth -finding equipment calibration. Accuracy and other standards outlined in the U.S. Army Corps of Engineers (USACE) Hydrographic Surveying Manual (EM 1110-2-1003; November 30, 2013, or most recent version) shall be met or exceeded when performing any survey for payment. 1.3 SUBMITTALS A. Pre- and Post construction survey submittals shall include the following: Coverage: The pre- and post -dredge survey shall include all Dredge Areas in the Contract. The working points (northing and easing coordinates) will be provided to the Contractor. 2. Plan View: For both the pre -dredge and post -dredge surveys, submit one full-sized PDF figure showing the bottom elevation of the dredging area plotted at a maximum scale of 1 foot to 80 inches or as approved by the Public Works Manager. The plan shall include, at a minimum, the following: a. The date the survey was performed b. The horizontal and vertical datums of the survey data Section 04: Dredging Survey and Volume Calculations 4-2 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications C. Soundings with an accuracy of 0.1 foot; soundings shall be legible but spaced close enough to provide an accurate representation of the existing bathymetry d. Scale bar North arrow f. Stamp of a licensed surveyor g. Project name and USACE permit number 3. Quantity Computations: One PDF file of quantity computations shall accompany each Pre- and Post -construction survey. The quantity computations can be included on the survey plan view or on a separate sheet. The quantity calculations should break out volumes per Dredge Area and disposal/placement area, and delineate quantities for required dredging, payable overdredge, and payable side -slope volume. 4. Field Notes: One set of notes shall be provided in a PDF document. Field notes shall include all equipment used to perform the survey, survey control, weather, and tides during the period the survey was performed, and calibration notes. The tide notes shall include -tide height, bar checks, date and time of tide reading(s), location of tide gauge, level line notes, benchmarks, temporary benchmarks, and location of all control used by the Independent Hydrographic Surveyor. Additionally, the field notes shall include a description of any topographic or lead line measurements used to supplement the multibeam bathymetric data. 5. Electronic File: An ASCII file of corrected survey data, corrected to mean lower low water (MLLW) datum at the locality and using the specified horizontal and vertical datums. Data shall be in XYZ spot elevation format. The recording distance between the survey points shall be 5 feet or less. The Contractor shall provide raw electronic data upon request of the Public Works Manager. B. Daily Progress Survey submittals shall include the following with each survey: Coverage: Each Daily Progress Survey shall include, at a minimum, coverage of the area most recently dredged since the previous pre -dredge survey or previous Daily Progress Survey. 2. Coverage: Each Daily Progress Survey shall include, at a minimum, coverage of the area most recently disposed/placed since the previous pre -placement survey or previous Daily Progress Survey. 3. Plan View: One half-size PDF figure file showing the bottom elevations of the dredging area without soundings at 0.1-foot accuracy. The plan shall be plotted at a maximum scale as approved by the Public Works Manager. 4. Plan View: One half-size PDF figure file showing the bottom elevations of the Pier G disposal/placement area without soundings at 0.1-foot accuracy. The plan shall be plotted at a maximum scale as approved by the Public Works Manager. 5. The Contractor shall submit Daily Progress Surveys to the Public Works Manager on a minimum daily basis before midnight of the following day. Section 04: Dredging Survey and Volume Calculations 4-3 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION 3.1 SURVEY EQUIPMENT AND METHODS A. The Contractor's survey team and the Independent Hydrographic Surveyor must use multibeam bathyinetric survey equipment for all Pre -Dredge, Post -Dredge, and Daily Progress Surveys. B. Methods and procedures for bathymetric (hydrographic) surveys shall meet or exceed requirements of the following standards: 1. Requirements of dredging measurement and payment surveys, as defined in the Hydrographic Surveying Engineer Manual (EM 1110-2-1003) prepared by the U.S. Anny Corps of Engineers (USACE), dated November 30, 2013, or the latest version 2. Exclusive Order survey requirements as defined in the International Hydrographic Organization Standards for Hydrographic Surveys (S-44 Edition 6.1.0) prepared by the International Hydrographic Organization, dated September 2022, or the latest version. 3. Should there be discrepancies between Hydrographic Surveying, International Hydrographic Organization Standards for Hydrographic Surveys, and these Technical Specifications, the more stringent survey requirements shall take precedence unless the Contractor obtains approval from the City of Newport Beach (City) otherwise. 4. Land surveying equipment and methods shall meet or exceed the standards associated with the latest version of the Control and Topographic Surveying Engineer Manual (EM 1110-1-1005) prepared by USACE, dated January 1, 2007, or the latest version, for Contract payment surveys. Should there be discrepancies between Control and Topographic Surveying and these Technical Specifications, the more stringent survey requirements shall take precedence, unless the Contractor obtains acceptance from the Project Representative otherwise. 5. Horizontal position of soundings shall be stated in California State Plane Coordinates, Zone V, North American Datum of 1983, U.S. Survey Foot. Elevations shall be stated in terns of MLLW datum at the locality and shall note the tidal epoch used to establish the MLLW datum. 6. The Contractor shall conduct surveys using an electronic system positioning method approved by the Public Works Manager. The Contractor shall use an echo sounder to obtain soundings. The analog recording of soundings shall indicate a calibration check (bar check) of the echo sounding at the beginning and end of each analog paper change and at such times as necessary to ensure sounding accuracy. The top of the return signal trace shall be the point of interpretation of sounding. The bar check shall be taken at identical locations. 7. Tidal control shall be through the means of an automatic recording tide gauge with water level sensor. The tide gauge shall provide a continuous recording of tidal change Section 04: Dredging Survey and Volume Calculations 4-4 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications for every 5-minute interval or each 0.1-foot change, whichever occurs first. Tidal changes shall be recorded in MLLW datum with these changes synchronized with cross- section survey time. A printed record of the tidal changes and time correlation shall become part of the Contractor's survey records. In lieu of an automatic tide recording gauge, the Contractor may submit a manual method of keeping track of tidal changes for approval by the Public Works Manager. The City maintains an electronic tide gauge at the Balboa Yacht Basin, accessible from the following link: https://cloud.xylem.com/hydrosphere/public- sites/OWA 6BDB5780567E4BD985AE18E3440DC639?customerld=OWA 6B DB5780567E4BD985AE 18E3440DC639&siteld=BYBNB 3.2 CONDUCT OF WORK A. Layout of Work 8. The Contractor shall establish an accurate method of horizontal and vertical control before the work begins. Survey control points are provided with these Technical Specifications for reference purposes only to assist the Contractor in establishing horizontal and vertical control. a. The proposed method and maintenance of the horizontal control system must be subject to the acceptance of the Public Works Manager, and if, at any time, the method fails to provide accurate location of the work, the Contractor may be required to suspend its operations tuitil accurate control is established. b. The Contractor must lay out its work using control points established by the Contractor as part of the work and must be responsible for all measurements taken to establish these points. C. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, range markers, transponder stations, and labor as may be required to lay out the work shown on the Drawings. d. The Contractor shall maintain all points established for the work until authorized to remove them. If such points are destroyed by the Contractor or disturbed through its negligence prior to an authorized removal, they must be replaced by the Contractor at no additional expense to the City. B. Performance of Work 1. The pre- and post -dredge surveys must cover all areas of work (Dredge Areas) as shown on the Drawings and as awarded as part of the Contract. 2. The pre- and post-disposal/placement surveys must cover all areas of work (Pier G) as shown on the Drawings and as awarded as part of the Contract. Section 04: Dredging Survey and Volume Calculations 4-5 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications a. Survey coverage must extend at least 50 feet beyond the work area boundary or existing hard boundary (i.e., shoreline rock revetment or bulkhead). b. The multibeam survey shall be sufficient in that 100% overlap of the multibeam swath is achieved over the project area. (All data shall be duplicated in overlapping swaths.) C. The Contractor must not begin dredging work at any area prior to the Public Works Manager's acceptance of the pre -dredge and pre- disposal/placement surveys. C. Additional Pre -Dredge Survey In previous dredging events, the Contractor has taken it upon itself to procure and pay for a second pre -dredge survey immediately prior to commencing with work. The purpose was to account for sediment accumulation that may have occurred between the first pre -dredge survey submitted to the agencies and the commencement of dredging (typically 2 to 4 weeks). If the selected Contractor opts to perform a second pre -dredge survey for this purpose, it shall be performed in in accordance with the requirements of the pre- and post- dredge surveys as described herein and by the same Independent Hydrographic Surveyor who performed the first pre -dredge survey. Completion of a second pre -dredge survey is entirely at the Contractor's option, and no additional compensation for completion of this second survey will be provided by the City. 3.3 QUANTITY COMPUTATIONS A. The Pay Volume quantities shall be computed to the nearest cubic yard based by comparing the pre- and post -dredge surveys. B. The following quantities shall be reported for the pre -dredge survey: 1. Volume available within the Dredge Area to the Required Dredge Elevation Volume available within the Dredge Area between the Required Dredge Elevation and Payable Overdredge Elevation b. Volume available within the Dredge Area to the 3 horizontal to 1 vertical (3H:IV) side -slope area. However, the Contractor shall not directly dredge in the side -slope area, but only remove material that sloughs into the required dredge area that will require removal to the required dredge elevation. Total Pay Volume d. Total volume available within the Dredge Area between the mudline to 2 foot Pay Overdredge Elevation (-12 feet MLLW) C. The following quantities shall be reported for the post -dredge survey: 1. Volume removed from the Dredge Area to the Required Dredge Elevation Section 04: Dredging Survey and Volume Calculations 4-6 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications a. Volume removed from the Dredge Area between the Required Dredge Elevation (-10 feet MLLW) and Payable Overdredge Elevation (-12 feet MLLW) b. Volume available within the Dredge Area to the 3H:1V side -slope area, although the Contractor shall not directly dredge in the side -slope area and shall only dredge material that sloughs into the required dredge area that will require removal to the required dredge elevation 2. Total Pay Volume Volume removed from the Dredge Area between the mudline and the Payable Overdredge Elevation (-12 feet MLLW) b. Total Volume removed from the Dredge Area between the mudline to the 2 foot Pay Overdredge Elevation (-12 feet MLLW) PART 4 — MEASUREMENT AND PAYMENT PRE- AND POST -DREDGE SURVEYS A. All incidental work required to complete required surveys, including, but not limited to, labor, material, transportation, tools, and equipment, shall be included in the lump sum price for Base Bid Item 2: Hydrographic Surveying. B. Measurement for payment will be based on the Public Works Manager's determination that the surveys have been performed and submitted in compliance with the Contract requirements. C. Payment will be made at the Contract lump sum price awarded for Base Bid Item 2: Hydrographic Surveying in accordance with the following breakdown: 1. 50% of the lump sum price will be paid upon completion of the pre -dredge and pre-disposal/placement surveys, as approved by the Public Works Manager. a. The remaining 50% will be paid upon completion of the post -dredge survey, as approved by the Public Works Manager. This payment will include compensation for the Daily Progress Surveys. D. If review of the post -dredge survey indicate that the Work is not complete, the Contractor may be required by the Public Works Manager to resume work until a subsequent post - dredge survey indicates that the Work is complete to the Public Works Manager's satisfaction and within the requirements of Contract Documents. Costs to perform additional progress and post -dredge surveys will be the responsibility of the Contractor. 4.2 DAILY PROGRESS SURVEYS A. Each Daily Progress Survey will be measured as complete upon confirmation from the Public Works Manager that has been received on time and conforms to the requirements within these Technical Specifications. Section 04: Dredging Survey and Volume Calculations 4-7 Balboa Yacht Basin 2025 Maintenance Dredging Exhibit B Technical Specifications B. Measurement: Measurement will include confinnation by the Public Works Manager that the Daily Progress Survey has been completed and submitted as specified herein. C. Payment: Payment for Daily Progress Surveys will be made as part of the final payment for the post -dredge survey, as specified in Article 4.1. -END OF SECTION - Section 04: Dredging Survey and Volume Calculations 4-8 R. E. Staite Engineering, Inc. R. E. Staite Engineering, Inc. Lower Newport Bay Maintenance Dredging Orange County, California W912PL-12-C-0014 Section 35 20 23 Dredging Paragraph 3.3- Utility Location Report Per the requirements of Specification section 35 20 23 part 3.3, the following is a Utility Location Report identifying the coordinates and elevations of all utilities within the dredge footprint. Information Sources: Utility locations were obtained from respective utility companies and municipalities. The information provided is reported to be the best available and most up to date. The following names are the contact points for the utilities and municipalities consulted in order to obtain the information in this report. Submarine Electrical Power Cables Southern California Edison Contact: Owen Yano — SCE Planner Huntington Beach Service Center 7333 Bolsa Ave Westminster, CA 92683 Cell: 310-387-3691 Office: 714-895-0246 Submarine Communications Cables AT&T Contact: Craig Akin 1265 Van Buren Room 180 Anaheim, CA 92807 Cal 818(cDatt.com Phone- 714-237-6156 Wet Utilities Harbor Resources City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92663 Contacts: Shannon Levin- Harbor Resources Supervisor- 949-644-3041 Chris Miller- Harbor Resources Manager- 949-644-3043 *Additionally a DigAlert request was made for all utilities within the dredge footprint R. E. Staite Engineering, Inc. Sources Used: W912PL-1 1 -B-0006 Contract Drawings and Specification Appendix B Electrical: -Appendix B: Location of Submarine Cable in Newport Bay- From Owen Yano -Appendix B: Proposed 12 kV armored submarine cable plan drawing — 1967 Communications: -As-built drawings for submarine cables in Newport Bay provided by AT&T- Sheet #s 0049-0060 Water and Sewer: -Appendix B: DUDEK Newport Beach Bay Crossings Evaluation -Site visit with City of Newport Beach representative to physically locate water lines Information on the existing utilities reported herein is considered the best available from the above mentioned agencies. Agencies have provided this information with the disclaimer that the accuracy of the information is not guaranteed. Coordinates, depths, and other information as required in this submittal are unavailable for many of the utilities included in this report. Further, many of the as-builts provided are 40- plus years old with landmarks noted such as residences and stationary vessels which likely no longer exist. The attached table, in conjunction with the attached color coded utility location map represents the available information regarding the presence and location of utilities in the dredge project vicinity. Attachments: Utility Location Map Utility Description Table 2 Lower Newport Bay Utilities Crossing Analysis ` Yellow Highlighted Utilities Not Shown on Plans Electrical 'e' (RED LINES) Nearest Streets at Shown on Crosses Dredge Ah,.. k— Ci- r Haarlin R.. al moth Pla e? Fnntn m? 1 SCE Cable- 1210' long Unknown 14th + Via Jucar Unknown Unknown NO NO 7th + South end of Linda T below Harbor Floor - 2 SCE 12 kV Cable 12 kV Isle N 25°21'02" E 20 MLLW to -30 MLLW YES YES- Yacht Anchorage Balboa Ave + Bahia 3 SCE Cable- 500' Long Unknown Corinthian N end Unknown Unknown NO NO Channel Rd @ M Street 4 SCE Cable- 1410' long jUnknown Pier + Bayside PI Unknown jUnknown INO INO Communications 'c' (ORANGE LINES) Nearest Streets at Shown on Crosses Dredge u,,,..he no nHn sb Crn Haarnn R.. al nanth pla c? Fnntnrint? 16 GA- Between 8th and 9th + 1 3-4 ATT Cables 22GA East end of Lido Isle S29'W -16' MLLW to Lido Isle YES YES- WEST LIDO B Between 8th and 9th + East end of Lido Isle + -16' MLLW to Lido Isle, Along Bayshore Dr 20 MLLW to -30 MLLW YES- WEST LIDO B, Yacht 2 ATT Cable 24 GA Bulkhead Line S290W in Lido Channel YES Anchorage, Lido Isle Reach 3 ATT Cable 16" Alvarado PI + Cape Cove S54°10'W -15' MLLW YES YES- Collins Is. Reach S. Bay Front(Alley + -15' MLLW To -25' ATT Cable 24 GA Cape Cove N12°W MLLW NO YES- Collins Is. Reach -15' MLLW to -25' 2 ATT Cables 24 GA Palm St + Agate Ave N42°E MLLW NO NO- Harbor Is. Reach -15' MLLW to -25' 3 ATT Cables 26 GA Palm St+ Opal Ave N49'E MLLW NO NO- Harbor Is. Reach 24 GA- 26 Channel Rd & M St Pier + 714 ATT Cables GA Bayside PI N86°47'E Unknown NO NO- In Main Channel Dahlia Ave + Channel @ ® ATT Cable 1122 GA Ocean N70'E Unknown I NO NO- In Main Channel Water'w' (BLUE LINES) Nearest Streets at Shown on Crosses Dredge Kl—hnr n.... intinn Sim r.rn Haadinn FL—W r)enth Planc? Fnntnrint? Crestview (N33 ° 36.866, W117*54.786) San Via San Remo + Alley W Remo (N33'36.438 1 Cast Iron Waterline 8" of Crestview W117-54.499) Unknown YES YES- Lido Is. Reach North Ductile Iron Pipe (abandoned) 8" Harbor Is. + Linda Is. Unknown Unknown NO NO Wash. (N33°36.116, W 117053.584) Opal (N33°26.181, W 3 Cast Iron Waterline 12" Washington + Opal 117-53.524) Unknown YES NO Ductile Iron Pipe 24" Harbor Is. Dr+ Bayside Unknown Unknown NO NO Bay Front Alley N + 5 HDPE Pipe 10" Crystal Ave. Unknown jUnknown INO NO Channel Rd N of M St 6 Cast Iron Waterline 14" 1 Pier+ 2107 Bayside Dr Unknown Unknown YES NO Sewer's' (GREEN LINES) Nearest Streets at Shown on Crosses Dredge Number Description Size Crossing Heading Burial Depth Plans? Footprint? S Bayfront Dr + 1907 112 Cast Iron Sewer pipes 8" Bayside Dr Unknown Unknown NO NO 1 € T.1 A PA:V: Lf"RST HAf HJ HA \Y� + 2 f"CLLINS J ;" + PECtH LNN0 F / 4w 'D\ 3e 'E.PIF.T PIEF / I I LFiI C • �� b -. J.xz3 7C BALBCA.REF \\ 77Fl J UTILITY LOCATION t �_��* . v, LE::END: ^ATE PL LN \ '' �l Z L FE021r:S AfE: :L4-E PL?cEAtEr,Ti FEET "'�,? �`P` �•^ 1 t. 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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: This project is located in Newport Harbor in Newport Beach, California. The objective of this project is to perform maintenance dredging in the Balboa Yacht Basin to provide navigable depths, remove sediment, and reduce the risk of vessel and dock grounding. Work must be accomplished by dredging the designated Dredge Areas and properly disposing of the dredged sediment at the approved in -water disposal site at the Port of Long Beach (Port), Pier G. (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. 9944-1, 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 Three Million Five Hundred Forty Three Thousand Nine Hundred Forty Nine Dollars and 00/100 ($3,543,949.00). 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 Matt MacArthur 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 Pacific Dredge and Construction, LLC Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Walter Jellison Pacific Dredge and Construction, LLC PO Box 13828 San Diego, CA 92170 Pacific Dredge and Construction, LLC Page 3 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 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. Pacific Dredge and Construction, LLC Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 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 Pacific Dredge and Construction, LLC Page 5 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 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 Pacific Dredge and Construction, LLC Page 6 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. 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 seg., 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. Pacific Dredge and Construction, LLC Page 7 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. 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. Pacific Dredge and Construction, LLC Page 8 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. 20.10 No Attorneys 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] Pacific Dredge and Construction, LLC 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California muni ipal corporation Date:gj /Z�Z 5-Date: 14t 2gIzS- By: By. A on C. Harp T��,2�I.25 Joe aplet n City Attorney Mayor ATTEST: CONTRACTOR: Pacific Dredge and Date: % D ��, g� 0202�� Construction, LLC, a California corporation Date: By: Lena Shumway City Clerk Signed in Counterpart Bv: Walt Jellison Manager [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Pacific Dredge and Construction, LLC Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: -F A on C. Harp Ci Attorney,, CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Joe Stapleton Mayor ATTEST: CONTRACTOR: Pacific Dredge and Date: Construction, LLC, a California corporation Date: By: By: Molly Perry Wait Jellison Interim City Clerk Manager [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Pacific Dredge and Construction, LLC Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. EACX4052220 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Pacific Dredge And Construction, LLC hereinafter designated as the "Principal," a contract for This project is located in Newport Harbor in Newport Beach, California. The objective of this project is to perform maintenance dredging in the Balboa Yacht Basin to provide navigable depths, remove sediment, and reduce the risk of vessel and dock grounding. Work must be accomplished by dredging the designated Dredge Areas and properly disposing of the dredged sediment at the approved in -water disposal site at the Port of Long Beach (Port), Pier G. in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Endurance Assurance Corporation duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Million Five Hundred Forty Three Thousand Nine Hundred Forty Nine Dollars and 00/100 ($3,543,949.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Pacific Dredge and Construction, LLC Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as 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 26th day of September , 2025 . Pacific Dredge and Construction, LLC Name of Contractor (Principal) Endurance Assurance Corporation Name of Surety 4 MANHATTANVILLE ROAD, PURCHASE, NY 10577 Address of Surety (914)-468-8000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 0 .1 By: Aar n C. Harp Q. 1,15 City Attorney A� Krisitne Santamaria, Attorney -in -Fact Print Name and Title (Corporate Seal) NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Pacific Dredge and Construction, LLC Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �,,� �S' ' County of 6� .tom I sss. On �,�1 ?,� , 20 --QS before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/&<e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herJthsi.r authorized capacity(ies), and that by his/her/tMir_signaturesW on the instrument the person(p}; or the entity upon behalf of which the person(.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my EVELIA V. DURAN Notary ?ublic •California WITNESS my hand and official seal. _ San Diego CountyCommission N 2476798 Comm. Expires Jan 13, 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 GNM&M Washington County of Snohomish } ss. On September 26th , 20 25 before me, Roxana Palacios Notary Public, personally appeared Kristine Santmaria , 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 paragraph is true and correct. WITNESS my hand and official seal. Signature -egoing Pacific Dredge and Construction, LLC Page A-3 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. EACX4052220 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to Pacific Dredge And Construction, LLC, (hereinafter referred to as the "Contractor") an agreement for the This project is located in Newport Harbor in Newport Beach, California. The objective of this project is to perform maintenance dredging in the Balboa Yacht Basin to provide navigable depths, remove sediment, and reduce the risk of vessel and dock grounding. Work must be accomplished by dredging the designated Dredge Areas and properly disposing of the dredged sediment at the approved in -water disposal site at the Port of Long Beach (Port), Pier G. (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 14, 2025, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Endurance Assurance Corporation as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Million Five Hundred Forty Three Thousand Nine Hundred Forty Nine Dollars and 00/100 ($3,543,949.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, 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 their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, their respective officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Pacific Dredge and Construction, LLC Page B-1 As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Pacific Dredge and Construction, LLC Page B-2 Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project 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, alteration or addition to the terms of the Contract Documents or to the Project. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of September ,20 25 . Pacific Dredge and Construction, LLC Name of Contractor (Principal) Endurance Assurance Corporation Name of Surety 4 MANHATTANVILLE ROAD, PURCHASE, NY 10577: Address of Surety (914)-468-8000 Telephone (Attach Attorney -in -Fact Certificate) Authorized Si e/Title r AttorneY -in-Fact Krisitne Santamaria, Attorney -in -Fact Print Name and Title (Corporate Seal) The rate of premium on this bond is $7.00/$4.90/$4.20 per thousand. The total amount of premium charges is $ 17,685.00 (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: (Name and Address of Surety or USI Insurance Services Agent for Service in California) 601 Union Street, Suite 1000 Seattle, WA 98101 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: In By: Aar C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Pacific Dredge and Construction, LLC Page B-3 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, \J Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(ac) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/SfKe/thdy executed the same in his/hvr-/their authorized capacity(i*, and that by his/hef/th-gir signaturesM on the instrument the person(&).,. or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature *my EVELIA V. DURAN Notary Public - CaliforniaSan Diego CountyCommission M ZV679b Comm. Expires Jan 13, 2028 — 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 i W&P t� Washington County of Snohomish } ss. (seal) On September 26th, 20 25 before me, Roxana Palacios , Notary Public, personally appeared Kristine Santamaria , 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. P,s : gq° NOTARY . Signature Pual) ; !;Z..��X Pacific Dredge and Construction, LLC Page B-4 SOMPO INTERNATIONAL POWER OF ATTORNEY 4 a �"� 10065 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC'), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Tara Koloski, Tatiana Gefter, Amber Engel, Anna Smith, Debbie Lindstrom, Kristine Santamaria, Marina Matyunin, Roxana Palacios, Scott C. Alderman, Holly E. Ulfers, Jamie Armfield, Kathleen M. Mitchell, Kathy Nye, Allison McClintock, Laura Kovarik as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million ($100,000,000.00) Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation r By: Richard Appel; SVP & Senior Counsel 0- Surarlce SEAL 2 �•, DELAWARE, 'JZ ; Endurance American Insurance Company T).,, q6 By. Richard Appel; SVP & Senior Counsel GAF .go �cl SEAL c 1996 ;g DELAWARE Lexon Insurance Company By: Richard Appel; SVP & Senior Counsel Bond Safeguard Insurance Company By: Richard Appel; SVP & Senior Counsel Sr- INS. a; , n R9•y�; 4CI: F' SOUTH n DAKOTA O o', INSURANCE 'b 2'• COMPANY c Off•. __•_-• ii�G�-__-••V`J rF OF n ..n„ouoa. °°, a�� 017Ay1 pRF5yp . """6juunuwoa•```,, �a nummaoo"` On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did deposj andsa�4&at t e/they is an officer of each of the Companies; and that he executed said instrument on behalf of each Company by aut Wiity of PisAffice under the by-lagds 4� Ccdmpinny. i HOTI WlL— 1C By. Amy Taylo Nota ublic — My Comfrit.-ss s p Ekbires 3/9/27 CERTIFICATE I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 26th day of Septe bey 20 2,5 Nee p0 N, A9 ISEAL' N 9p tar % �• CH 16. By: Daniel S. Lb4e, Secretaiy No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasurys website — https://www.treasury.gov/resource-center/sanctions/SDN-List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdministrationP-sompo-intl.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Pacific Dredge and Construction, LLC Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $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 such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that Pacific Dredge and Construction, LLC Page C-2 City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. Pacific Dredge and Construction, LLC Page C-3 C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may 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. Pacific Dredge and Construction, LLC Page C-4 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Pacific Dredge and Construction, LLC Page C-5 M ti � aj � Cqq •� J a c Q a T. CJ L5 U L LL" ID — u5 En o y rV W C3 a�i ft�9cry q7- 41 CL j j tm C CT J �ppyyy p 'C C p I i I i i I i Cn QY LLI CuL�7 -1 0� 47 SV i f0 i i i I I .Ojoa-- E I w w w .ram, U LLJ u C p ❑