Addendum No. 3

August 18, 2025

ADDENDUM NO. 3

PLANS AND SPECIFICATIONS NO. R-7246

ALAMITOS BAY ENTRANCE CHANNEL DREDGING

IN THE CITY OF LONG BEACH, CALIFORNIA

NOTICE TO HOLDERS OF PLANS AND SPECIFICATIONS

Please note the following changes, clarifications, and additions:

1. SPECIFICATIONS

Changes to specifications for the ALAMITOS BAY ENTRANCE CHANNEL DREDGING (Specification Number R-7246):

Division A NOTICE INVITING BIDS is replaced in its entirety with the attached document

Division C BID TO THE CITY OF LONG BEACH (Bid Form) is replaced in its entirety with the attached document

Division F Permits and Attachments is hereby amended to include US Army Corps of Engineers (USACE) Standard Individual Permit No. SPL-2023-00708-

SME.

All modifications are incorporated into this addendum, and a summary of the revisions and descriptions of changes is provided below:

DIVISION A NOTICE INVITING BIDS:

RECEIPT OF BIDS: The bid acceptance date has been changed from 12:00 p.m. on August 21, 2025 to 12:00 p.m. on September 4, 2025.

DIVISION C BID TO THE CITY OF LONG BEACH (BID FORM):

The bid acceptance date has been changed from 12:00 p.m. on August 21, 2025 to 12:00 p.m. on September 4, 2025.

BASE BID

Base Bid Line Item No. 5 has been combined with Base Bid Line Item No. 6. Base Bid Line Item No. 5 now reads “Maintenance dredging to -18 feet MLLW plus 1 foot of payable overdredge, transport, discharge at Beach Nourishment Area, and grading and earthwork at Beach Nourishment Area.”

Department of Public Works 411 West Ocean Boulevard, 5th Floor Long Beach, CA 90802

(562) 570-6383

R-7246 Alamitos Bay Entrance Channel Dredging

Base Bid Line Item No. 6 has been revised to reflect a Bid Allowance for debris removal pursuant to Division J, Section 35 20 23 Measurement and Payment. The use of the Allowance shall be done when and as directed in writing by the City Representative. It is possible that some or all of the preset allowance amount may be used. Base Bid Line Item No. 6 now reads “Debris removal (from Channel and Beach Nourishment Area), handling, and disposal.”

BID ADDITIVE 1

Bid Additive Line Item. No 7 has been combined with Bid Additive Line Item No. 8. Bid Additive Line Item No. 7 now reads “Additive unit of payable maintenance dredging, transport, discharge at Beach Nourishment Area, and grading and earthwork at Beach Nourishment Area above the Base Bid Item No. 5 volume UP TO 128,000 cy for material between -18 feet MLLW plus 1 foot of payable overdredge and Bid Additive Paid Elevation -21 feet MLLW.”

Bid Additive Line Item No. 8, 9, 10, 11 have been removed.

DIVISION F PERMITS AND ATTACHMENTS:

DEPARTMENT OF THE ARMY PERMIT SPL-2023-00708-SME:

The US Army Corps of Engineers (USACE) Department of the Army Permit SPL-2023- 00708-SME, dated August 15, 2025, is added to the specifications. The signed permit will be provided in a subsequent addendum.

ALAMITOS BAY ENTRANCE CHANNEL

DREDGING (Specification Number R-7246)

Addendum 3

Division A Notice Inviting Bids

Department of Public Works A-1 Specification R-7246 City of Long Beach Addendum 3 Division A – Notice Inviting Bids

DIVISION A

NOTICE INVITING BIDS

FOR

ALAMITOS BAY ENTRANCE CHANNEL DREDGING

RECEIPT OF BIDS: Bids will be accepted on behalf of the City, Owner of the work, until 12:00 p.m. on August 21 September 4, 2025, for ALAMITOS BAY ENTRANCE CHANNEL DREDGING, via the City’s online portal https://longbeachbuys.buyspeed.com/ keyword Project R-7246.

MANDATORY PRE-BID CONFERENCE AND JOB-SITE WALK-THROUGH: The City will conduct a mandatory pre-bid conference to review bidding processes, Project Labor Agreement (PLA) requirements, at 11:00 a.m. on July 29, 2025. Prospective Bidders must attend this meeting.

PRE-BID CONFERENCE

Join Zoom Meeting:

https://longbeach-gov.zoom.us/j/96908242648?pwd=maeAEBcm8hSHyH8adqdBpyQ4jL43a7.1

Meeting ID: 969 0824 2648

Meeting ID: 969 0824 2648 Passcode: 170313

One tap mobile +12133388477,,96908242648# US (Los Angeles)

Dial by your location

• +1 213 338 8477 US (Los Angeles)

JOB-SITE WALK-THROUGH

The City will also conduct an optional Job-Site Walk-Through meeting at the below location:

Alamitos Bay 72nd Place Parking Lot 7203 E Ocean Boulevard Long Beach, CA 90803

Time: 1:00 p.m.

Date: July 29, 2025

Department of Public Works A-2 Specification R-7246

DESCRIPTION OF WORK: The work to be done consists primarily of dredging the Alamitos Bay Entrance Channel to maintain navigable vessel draft depths and to replenish the nearby Beach Nourishment Area on Peninsula Beach. Bids are required for the entire Work. Work is subject to regular and special conditions from regulatory agencies, including but not limited to the Regional Water Quality Control Board, US Army Corps of Engineers, and California Coastal Commission.

PROJECT LABOR AGREEMENT (PLA): This Work is covered by a Citywide Project Labor Agreement (PLA) entered into by the City of Long Beach with the Los Angeles/Orange Counties Building and Construction Trades Council and the signatory Craft Unions. The PLA establishes the labor relations Policies and Procedures for the City, the Contractor and subcontractors awarded contracts for the Work and for the craft persons employed by the Contractor or subcontractor while engaged in the work. See Division B of the Specifications for the applicable PLA.

CONTRACTOR'S LICENSE: The Contractor shall possess a valid California Class A Contractor license at the time of contract award. The City may deem any Bidder who fails to possess the required license to be non-responsive.

MINIMUM QUALIFICATIONS: Please note that for this work, minimum qualifications Apply. Information concerning these requirements can be found in Division C of the specifications.

PLANS AND SPECIFICATIONS: Plans and specifications are posted on the City’s website at the URL http://www.longbeach.gov/finance/business-info/purchasing-division/ on the “Bids/RFPs” tab and available for free download, however, you must be registered (registration is free and may be accomplished at the same URL) and logged in to view or download the documents.

BID SECURITY: A certified check or bank draft payable to the City of Long Beach, drawn on a solvent bank in the United States of America, or a satisfactory bond in an amount not less than 10 percent of the bid must be received and time/date stamped by the City Clerk’s Office no later than the time and date stated for receipt of bids. The outside of the envelope shall clearly state “Bid Security for Specification R- 7246 Project

ALAMITOS BAY ENTRANCE CHANNEL DREDGING. DO NOT OPEN WITH REGULAR

MAIL.” The City Clerk’s Office is located at 411 W. Ocean Blvd, 1st Floor, Long Beach, CA 90802. The bid security may be submitted through certified mail or in-person. Bidders may proceed directly to Window 12 without pulling a service ticket. Additionally, bidders must scan and upload with their bid documents electronic copies of the above instrument.

The bid security shall serve as a guarantee that the Bidder, if awarded the Contract, will execute, and deliver to the City, no later than fifteen (15) calendar days after the date shown on the “Notice of Award,” the following items:

1. The Contract for doing the work, and

Department of Public Works A-3 Specification R-7246

2. A corporate surety bond in favor of the City of Long Beach in an amount not less than 100 percent of the Contract price for the faithful performance of the Contract, and

3. A corporate surety bond in an amount not less than 100 percent of the Contract price for the payment of all labor and material claims, and

4. Evidence of required insurance coverage as written in Division H of the Bid Specifications.

Failure to submit the items noted above when specified may result in the City, in its sole discretion, declaring the bid security forfeited and depositing the same into the City Treasury.

The City will retain the bid security accompanying all bids until it awards the Contract.

The City will retain the bid security submitted with the bid of the Bidder to whom an award of Contract is made, and the bid security of the next higher bid, until the Contract between the Bidder to whom award of the Contract is made and the City has been executed.

RETENTION: In the event the contract to be awarded hereunder, including Bid Specifications and other documents incorporated therein by reference, provides for the withholding of monies by the City to ensure performance of such contract, the Contractor may: a) deposit with the City as a substitute for said monies, securities listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit, or both, equivalent to the amount withheld; or, b) request payment of retentions earned directly to the escrow agent at the expense of the Contractor, provided Contractor requests, in writing, to make such substitution within five (5) days of the date of the Notice of Award of the Contract and bears all expenses in connection therewith. Either option shall be in accordance with Public Contract Code Section 22300.

CALIFORNIA WAGE RATE REQUIREMENTS: This project is a public work under Labor Code § 1720 et seq. Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California, the Director of Public Works of the City by and on behalf of the City Council has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the work.

Copies of the prevailing rate of per diem wages are on file in the office of the City Engineer, 5th Floor, City Hall, 411 West Ocean Boulevard, Long Beach, California 90802. The Contractor to whom the Contract is awarded, and its subcontractors, shall pay to all workers in the performance of the work not less than the prevailing rate of wages needed to execute the contract. Copies of schedules of prevailing wage rates may be obtained on the California Department of Industrial Relations website http://www.dir.ca.gov/dlsr. This project will be subject to the 2025-1 prevailing wage rate, as determined by the Director of the Department of Industrial Relations for the State of California. Bidders are directed to Section 7-2, “Labor,” of the Standard Specifications, and to Division H, Subsection 7-2.2, “Prevailing Wages,” for requirements concerning payment of prevailing wages, payroll records, and hours of labor.

Department of Public Works A-4 Specification R-7246

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) COMPLIANCE: This project is subject to the following: 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)]. 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. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

CERTIFIED PAYROLL SUBMISSION TO THE CITY OF LONG BEACH: Pursuant to the provisions of Labor Code Section 1776, Contractor shall keep and shall cause each subcontractor performing any portion of the work under this Contract to keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the work. Such payroll records for Contractor and all subcontractors shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor pursuant to the provisions of Section 1776 of the Labor Code. Contractor's failure to furnish such records to City or City’s authorized Labor Compliance representative in the manner provided herein for notices shall entitle City to withhold the penalty prescribed by law from progress payments due to Contractor.

Each contractor and every subcontractor and supplier shall be required to submit certified payrolls and labor compliance documentation electronically at the discretion of and the manner specified by the City of Long Beach. Electronic submittal will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Long Beach reporting system. The foregoing is in addition to, and not in lieu of, any other requirements or obligations established and imposed by any department of the City with regard to submission and retention of certified payroll records for Contractor and subcontractors.

APPRENTICESHIP EMPLOYMENT (CONTRACTS OVER $30,000 ONLY): The Contractor shall comply with Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor and, by submitting a Bid and executing the Contract, the Contractor stipulates that it shall so comply. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

Department of Public Works A-5 Specification R-7246

PENALTIES: Contractor and subcontractors are subject to penalties, including, but not limited to, under Labor Code §§ 1775, 1776, 1777.7 and 1813, for failure to comply with Labor Code § 1720 et seq. The Awarded Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1776.

(SEAL) /s/ MONIQUE DE LA GARZA

CITY CLERK, CITY OF LONG BEACH, CALIFORNIA

_____________ /s/ THOMAS B. MODICA

DATE CITY MANAGER

End of Division A – Notice Inviting Bids

Division C Bid to the City of Long Beach (Bid Form)

Department of Public Works C-1 R-7246 City of Long Beach Addendum 3 Division C – Bid Documents

BIDDER'S NAME: ______________________

BID TO THE CITY OF LONG BEACH

ALAMITOS BAY ENTRANCE CHANNEL MAINTENANCE DREDGING

AND BEACH NOURISHMENT PROJECT

In accordance with the Notice Inviting Bids for this Work in the City of Long Beach, California, to be opened on September 4, 2025, at 12:00 p.m., we offer to furnish all necessary labor, tools, materials, appliances and equipment for and perform all Work mentioned in the Notice Inviting Bids, in full compliance with Plans & Specifications No. R-7246 at the prices listed below.

We certify that we have examined the site and that the Bid is complete. By signing the Bid, we certify that the Contractor will not submit a claim based on failure to examine the site thoroughly.

The basis of comparison to determine the low bid is the BASE BID total plus BID ADDITIVE 1 total.

BASE BID – MAINTENANCE DREDGING, TRANSPORT, AND BEACH

NOURISHMENT

ITEM

NO.

ITEM DESCRIPTION

ESTIMATED

QUANTITY

UNIT

UNIT

PRICE

(IN

FIGURES)

ITEM

TOTAL

(IN

FIGURES)

1. Mobilization/demobilization 1 LS

2. Environmental controls 1 LS

3. Survey – dredging 1 LS

4. Survey – beach nourishment 1 LS

5.

Maintenance dredging to -18 feet MLLW plus 1 foot of payable overdredge, transport, discharge at Beach Nourishment Area, and grading and earthwork at Beach Nourishment Area

287,000 CY

6.

Debris removal (from Channel and Beach Nourishment Area), handling, and disposal

1 AL $250,000 $250,000

BASE BID TOTAL (Items 1 through 6) _____________________________________

(Continued on Next Page)

Department of Public Works C-2 R-7246 City of Long Beach Addendum 3 Division C – Bid Documents

BID ADDITIVE 1 – MAINTENANCE DREDGING, TRANSPORT, AND BEACH

NOURISHMENT, AND DEBRIS REMOVAL HANDLING AND DISPOSAL

ITEM

NO.

ITEM DESCRIPTION

ESTIMATED

QUANTITY

UNIT

UNIT

PRICE

(IN

FIGURES)

ITEM

TOTAL

(IN

FIGURES)

7.

Additive unit of payable maintenance dredging, transport, discharge at Beach Nourishment Area, and grading and earthwork at Beach Nourishment Area above the Base Bid Item 5 volume UP TO 128,000 cy for material between -18 feet MLLW plus 1 foot of payable overdredge and Bid Additive Paid Elevation -21 feet

MLLW

128,000 CY

BID ADDITIVE 1 TOTAL (Item 7) _______________________________

The City reserves the right to award bid additives at ANY quantity in the stated ranges, up to the maximum estimated quantity, at the Contractor-provided unit price rate. Bid Additive Item No. 7 has a ranges of 0 to 128,000 CY.

If awarded, the City reserves the right to designate the specific dredge volume and contiguous area within the Dredging Limits, defined in the Contract Documents and Drawings, from which the additive material for Bid Additive Item No. 7 will be removed.

The combined dredging volume of Base Bid Item No. 5 and Bid Additive Item No. 7 shall not exceed the permitted dredging volume stated in the Contract Documents.

We understand that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractor’s compensation will be computed on the basis of the actual quantities in the completed Work.

DO NOT SUBMIT THIS FORM AS YOUR BID. BIDS ARE TO BE SUBMITTED

ELECTRONICALLY AS DESCRIBED IN DIVISION B.

Department of Public Works C-3 R-7246 City of Long Beach Addendum 3 Division C – Bid Documents

BIDDER INFORMATION / SIGNATURE

Signature** Legal Name of Company

Print Name / Title

Names of Other General Partners

State of Incorporation Names of Other Partners

State Where Registered as LLC City of Long Beach Business License

Number

Business Address (Actual Address -Not A City of Long Beach Business License Post Office Box) Expiration Date

Telephone Number / Fax Number Address on City Business License

Email Address of Individual to Contact

Contractor’s License Number DIR Registration Number bi ________ If Bidder is an individual, set forth his/her signature.

________ If Bidder is a joint venture, set forth the name of the joint venture with the signature of an authorized representative of each venture.

________ If Bidder is a general partnership, set forth the signature of the general partner.

________ If Bidder is a limited partnership, provide names of other partners.

________ If Bidder is a limited liability company, set forth legal name of company with signature of a member or manager authorized to bind the company

________ If the Bidder is a corporation, set forth the legal name of the corporation with the signature of an officer of the corporation.

Department of Public Works C-4 R-7246 City of Long Beach Addendum 3 Division C – Bid Documents

The following information will be used for statistical analysis only.

Is the Bidder a Disadvantaged Business (DBE)?___ If yes, certification No. _________ Is the Bidder a Minority-Owned Business? ______ Which racial minority? ___________ Is the Bidder a Women-Owned Business? _______ Is the Bidder a certified Small Business?_____ If yes, certification No._________

Where did your company first hear about this City of Long Beach Public Works project?

Division F Permits and Attachments

USACE Permit

DEPARTMENT OF THE ARMY PERMIT

Permittee: City of Long Beach Department of Public Works, Attn: Ms. Charlene Angsuco

Project Name: Alamitos Bay Entrance Channel Maintenance Dredging Project--Long

Beach, Los Angeles County, CA

Permit Number: SPL-2023-00708-SME

Issuing Office: Los Angeles District

Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: To construct structures and/or conduct work in or affecting "navigable waters of the United States" pursuant to Section 10 of the Rivers and Harbors Act of 1899, and to permanently discharge fill into123 acres of waters of the U.S.

pursuant to Section 404 of the Clean Water Act of 1972, in association with the Alamitos Bay Entrance Channel Maintenance Dredging Project--Long Beach, Los Angeles County, CA Project as shown on the attached drawings.

Specifically, you are authorized to:

1. Conduct a one-time maintenance dredging of the Alamitos Bay Entrance Channel (Entrance Channel) to design depths currently range from approximately -20 feet mean lower low water (MLLW) with 2 feet of overdredge allowance. The total volume of material proposed for dredging is approximately 415,000 cubic yards (cy), consisting of 300,000 cy to the design depth and 115,000 cy of overdredge. The dredge footprint area within the Entrance Channel is approximately 35.1 acres.

2. Place approximately 415,000 cy of dredged material on 123 acres of Peninsula Beach for beach nourishment.

Project Location: Alamitos Bay Entrance Channel and Peninsula Beach, within the city of Long Beach, Los Angeles County, California.

Permit Conditions:

General Conditions:

1. The time limit for completing the authorized activity ends on August 13, 2027. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit.

For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit.

7. You must notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction) using the enclosed forms.

Special Conditions:

1. The Permittee shall comply with the terms and conditions of the Clean Water Act Section 401 Water Quality Certification (WQC No. 4WQC40123052) dated May 19, 2025.

This WQC is hereby incorporated by reference.

Cultural Resources:

2. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Daniel Grijalva (213) 215-3228). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re-authorizes project construction, per 36 C.F.R. section 800.13.

3. The Permittee shall clearly mark the limits of the workspace with flagging or similar means to ensure mechanized equipment stays within the agreed upon work areas as shown on Enclosure 1, Figure 2. Adverse impacts to waters of the U.S. beyond the Corps-approved construction footprint are not authorized. Such impacts could result in permit suspension and revocation, administrative, civil or criminal penalties, and/or substantial, additional, compensatory mitigation requirements.

Endangered Species Special Conditions

4. This Corps permit does not authorize you to take any threatened or endangered species, in particular the proposed threatened green sea turtle (Chelonia mydas) or adversely modify designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). Pursuant to the NMFS correspondence dated March 13, 2025, including the required avoidance and minimization measures, the Corps Regulatory Division has determined and the NMFS has concurred that your activity is not likely to adversely affect the above species. Your authorization under this Corps permit is conditional upon your compliance with all of the required avoidance and minimization measures, which are included as an appendix to this permit. Failure to comply with the required avoidance and minimization measures would constitute non-compliance with your Corps permit.

5. The Permittee shall inform all personnel associated with the work of the potential presence of green sea turtles and the requirement during dredging, to monitor a 30-meter (100-foot, visually estimated) monitoring zone for green sea turtles around the dredge. All construction personnel are responsible for observing water-related activities for the presence of green sea turtle.

6. The Permittee and its contractors shall ensure daily visual monitoring within the designated 30-meter monitoring zones will commence 15 minutes prior to the start of in-water construction activities and after each construction work break of more than 30 minutes. If a green sea turtle is observed within the monitoring zone, all in-water project activities shall cease as soon as possible and shall continue until the green sea turtle has either been observed having left the monitoring zone, or at least 15 minutes have passed since the last sighting.

7. The visual monitor shall maintain a written log containing all observations of GSTs during project operations. This observation log shall be provided to the Corps and NMFS as an attachment to the post-construction report for the project. Each observation log will contain the following information:

A) Observer name and title;

B) Type of activity (dredging, etc.);

C) Date and time animal first observed (for each observation);

D) Date and time observation ended (for each observation), including if the green sea turtle was observed exiting the monitoring zone or was assumed to have exited following a 15-minute period of no observation;

E) Location of observer (latitude/longitude), direction, and estimated distance to green sea turtle;

F) Nature and duration of equipment shutdown.

8. The green sea turtle observation log for each project shall be provided to the Corps and NMFS as an attachment to the post-construction report for the project and included in the annual report of maintenance activities conducted under the RGP. Any observations involving potential take of green sea turtle shall be reported to the Corps and NMFS within 24 hours.

9. In the event of nighttime dredging, adequate lighting shall be provided during nighttime operations to allow the monitor to effectively observe the surrounding area.

10. To prevent impingement or entrainment of green sea turtles within the water column, dredging pumps shall be disengaged by the operator when the cutterhead is not actively dredging and therefore working to keep the cutterhead firmly on the bottom. Pumps shall be disengaged when lowering cutterhead to the bottom to start dredging, turning, or lifting cutterhead off the bottom at the completion of dredging.

11. CAULERPA PRE-CONSTRUCTION SURVEY: A pre-construction survey of the project area for Caulerpa sp. (Caulerpa) shall be conducted by a certified Caulerpa surveyor in accordance with the Caulerpa Control Protocol (see https://media.fisheries.noaa.gov/2021-12/caulerpa-control-protocol-v5.pdf) not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction. The results of this survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFW.

12. EELGRASS SURVEYS: Prior to construction, a pre-project eelgrass survey shall be conducted in accordance with the California Eelgrass Mitigation Policy (CEMP) (https://media.fisheries.noaa.gov/dam-migration/cemp_oct_2014_final.pdf). The results of the survey must be submitted to the Corps at least 15 calendar days prior to the scheduled start date for work in waters of the United States. If the pre-project survey demonstrates eelgrass presence within 25 feet of the project footprint, the Permittee shall conduct two years of post-construction eelgrass monitoring surveys per the mapping guidelines in NOAA Fisheries' California Eelgrass Mitigation Policy (Policy) (https://media.fisheries.noaa.gov/dam-migration/cemp_oct_2014_final.pdf). All required post-construction monitoring surveys shall be submitted by the Permittee to the Corps and NOAA Fisheries within 30 calendar days of each survey completion date. Based upon the post-construction monitoring survey results and in accordance with the Policy, the Corps will determine the need and/or amount of Essential Fish Habitat (EFH) mitigation required to offset adverse impacts to such habitat. The Corps will transmit its determination to the Permittee in writing. Within 60 calendar days of receiving the Corps' determination specifying the need and amount of mitigation, the Permittee shall submit a draft EFH mitigation plan to the Corps for review and approval. The EFH mitigation plan shall be prepared in accordance with the Policy and the Corps' South Pacific Division Regional Compensatory Mitigation Guidelines and Monitoring Requirements, dated January 12, 2015. The Permittee shall fully implement the final EFH mitigation plan as approved by the Corps.

13. Prior to initiation of project construction, the Permittee shall notify the National Marine Fisheries Service in writing of the intended project initiation date and anticipated duration of the construction period. The notification shall include verification of compliance with special conditions 11 and 12.

NOAA Fisheries Mandatory Condition

14. In the unlikely event that any individuals of fish, whale, abalone, sea turtle, coral, or marine plant species listed by NOAA Fisheries under the Endangered Species Act appear to be entangled, injured, or killed as a result of the structures or work in navigable waters of the United States authorized by this permit, the permittee or designated representative shall immediately report the event to the Regulatory Office of the Los Angeles District of the U.S. Army Corps of Engineers at 805-585-2146 AND NOAAs Entanglement hotline 1- 877-767-9425 or NOAAs West Coast Region Stranding hotline 1-866-767-6114. If you have any trouble contacting these hotlines, please immediately NOAAs Regional Stranding Coordinator, Justin Viezbicke, at 562-506-4315 or NOAAs Assistant Stranding Network Coordinator, Justin Greenman, at 707-496-7230. The finder should leave the plant or animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs.

Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

15. If any construction activity occurs on the sandy beach during California grunion spawning season between March 15 and September 1, then the applicant shall have an environmental resource specialist conduct a survey of the project site, to determine presence of grunion during the seasonally predicted run period and egg incubation period, as identified by the California Department of Fish and Wildlife. If the environmental resources specialist determines that any grunion spawning activity is occurring and/or that grunion are present in or adjacent to the project site, then no construction activities shall occur on the area of the beach where grunion have been observed to spawn until after the grunion eggs have hatched (2 weeks) and the next predicted run in which no grunion are observed. Surveys shall be conducted for all seasonally predicted run periods in which material is proposed to be placed or removed at the project site. The locations of the spawning run should be marked physically and/or by Global Positioning System (GPS) locations. The density of the grunion throughout the area should be noted using the Walker Scale. The Project shall ensure that maintenance workers avoid the spawning and hatching area and that a 50‐foot buffer is used to avoid impacting any areas adjacent to the sediment placement sites. The applicant shall have the environmental resource specialist provide inspection reports after each grunion run observed and shall provide copies of such reports to the Executive Director and to the California Department of Fish and Wildlife.

Section 10 (Work and Structures in Navigable Waters of the United States):

16. INTERFERENCE WITH NAVIGATION: The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329.

17. CLEAN CONSTRUCTION PRACTICES: The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, hazardous/toxic/radioactive/munitions from construction or dredging or disposal shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site.

18. OBSTRUCTIONS: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

19. U.S. COAST GUARD NOTIFICATION: To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below:

Local Notice to Mariners, 11th Coast Guard District

TEL: (510) 437-2980

Email: d11LNM@uscg.mil Website: https://www.pacificarea.uscg.mil/Our-Organization/District-11/Prevention- Division/LnmRequest/

U.S. Coast Guard, District 11, LA-LB Sector Captain of the Port (COTP) Email: d11-SMB-SectorLALB-WWM@uscg.mil

A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA-LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by email with at least the following information, transmitted as an attached Word or PDF file:

1) Project description including the type of operation (i.e. dredging, diving, construction, etc).

2) Location of operation, including Latitude / Longitude (NAD 83).

3) Work start and completion dates and the expected duration of operations. The U.S.

Coast Guard needs to be notified if these dates change.

4) Vessels involved in the operation (name, size and type).

5) VHF-FM radio frequencies monitored by vessels on scene.

6) Point of contact and 24 -hour phone number.

7) Potential hazards to navigation.

8) Chart number for the area of operation.

9) Recommend the following language be used in the Local Notice to Mariners: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made."

B) The Permittee shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66.

Not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that require relocation or removal, the Permittee shall notify, in writing, the Eleventh U.S. Coast Guard District and the Corps Regulatory Division. The Permittee and its contractor(s) are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard.

C) The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division and the U.S. Coast Guard.

D) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate

COTP.

20. COMMENCEMENT AND COMPLETION NOTIFICATION: The Permittee shall notify the Corps Regulatory Division of the date of commencement of work in navigable waters of the United States (within 10 calendar days prior to the start of construction) and completion of the activity (within 10 calendar days following the end of construction) using the enclosed forms.

Dredging Conditions:

21. The Permittee is prohibited from conducting dredging operations and disposing material in navigable waters of the United States that has not been tested and determined by the Corps Regulatory Division, in consultation with the U.S. Environmental Protection Agency (EPA), to be suitable for disposal in ocean waters. Sampling and testing of previously tested sediment or previously dredged areas is required after three years from the date of initial sediment sampling and testing unless the Corps deems that conditions warrant another testing duration be formulated with EPA consultation. This time limit is subject to change at the discretion of the Corps Regulatory Division if any event causes previously determined suitable material to become potentially unsuitable. The applicant must demonstrate the proposed dredged materials are chemically and physically suitable for disposal in ocean waters according to the provisions of the Inland Testing Manual (ITM) or Ocean Disposal Manual (ODM) and the Corps Regional Guidance Letter (RGL) 06-02, as appropriate. If the material does not meet the physical and chemical criteria for unconfined disposal in ocean waters, the dredged material shall be disposed at a Corps approved upland disposal location. The applicant shall submit to the Corps Regulatory Division and EPA a draft Sampling and Analysis Plan (SAP). Sampling may not commence until the final SAP is approved, in writing, by the Corps Regulatory Division, in consultation with EPA. Further the SAP Results (SAPR) must also be reviewed and approved and the Permittee must receive a written authorization to proceed.

22. DREDGING QUALITY MANAGEMENT PROGRAM COMPLIANCE

Dredging and dredged material disposal and monitoring of dredging projects using the National Dredging Quality Management (DQM) system shall be implemented for this permit. The permittee’s DQM system must have been certified by the DQM Support

Center within one calendar year prior to the initiation of the dredging/disposal. Questions regarding certification should be addressed to the DQM Support Center at 1-877-840- 8024. Additional information about the DQM System can be found at https://dqm.usace.army.mil. The permittee is responsible for ensuring that the DQM system is operational throughout the dredging and disposal project and that project data are submitted to the DQM Support Center in accordance with the specifications provided at the aforementioned website. The data collected by the DQM system shall, upon request, be made available to the U.S. Army Corps of Engineers Los Angeles District Regulatory Division project manager Genevieve Holdridge, Genevieve.s.holdridge@usace.army.mil.

23. OPERATIONS PLAN

At least 15 calendar days before initiation of any dredging operations authorized by this permit, the Permittee shall submit a dredging and disposal Operations Plan to the Corps Regulatory Division and EPA, with the following information:

A) A list of the names, addresses and telephone numbers of the Permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site.

B) A list of all vessels, dredging equipment and electronic positioning systems or navigation equipment to be used for dredging and disposal operations, including: the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow.

C) A schedule describing when the dredging project is planned to begin and end.

D) A pre-construction dredging bathymetric survey (presented as a large format plan view drawing), taken within thirty (30) days before the dredging begins, accurate to 0.5-foot with the exact location of all soundings clearly defined on the survey chart. The pre-dredge survey chart shall be prepared showing the following information:

i) The entire dredging area, including the toe and top of all side-slopes, and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre-dredge condition survey should cover an area at least 50 feet outside the top of the side-slope or the boundary of the dredging area.

ii) Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and overdredge depth shall be shaded yellow, and areas below overdredge depth that will not be dredged shall be shaded blue.

iii) The pre-dredging survey chart shall be signed by the Permittee to certify that the data are accurate and that the survey was completed within thirty (30) days before the proposed dredging start date.

E) A debris management plan to prevent unauthorized disposal of large debris or other unsuitable materials. The debris management plan shall include: sources and expected types of debris if known, debris separation and retrieval methods and equipment to be used, debris disposal location(s), and debris disposal methods (e.g., recycling, landfill, hazardous/toxic/radioactive materials/munitions disposal sites, etc.).

F) Beach Nourishment:

1) A schedule describing when the beach nourishment project would begin and end.

2) A debris management plan to prevent disposal of debris at beach nourishment location(s). The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods.

3) The Permittee shall delineate the perimeter of the beach nourishment area during beach nourishment operations, and monitor the area to protect the public from construction hazards and equipment.

4) Grunion monitoring: see special condition 15.

24. NOTICE TO PROCEED

The Permittee shall not commence dredging or disposal operations unless and until the Permittee receives a Notice to Proceed, in writing (letter or email), from the Corps Regulatory Division.

25. MAINTAIN PRINTED COPY OF PERMIT ON-BOARD

The Permittee shall maintain a copy of this permit at the work site, and on all vessels used to dredge, transport and dispose of dredged material authorized under this permit.

26. CAPTAIN LICENSING

The Permittee shall ensure that the captain of any hopper dredge, tug or other vessel used in the dredging and disposal operations, is a licensed operator under U.S. Coast Guard regulations and follows the Inland and Ocean Rules of Navigation or the U.S. Coast Guard Vessel Traffic Control Service. All such vessels, hopper dredges or disposal barges or scows, shall have the proper day shapes (mast head signals which indicate vessel operational status), operating marine band radio, and other appropriate navigational aids.

27. RADIO CHANNEL MONITORING

The Permittee's contractor(s) and the captain of any vessel covered by this permit shall monitor VHF-FM channels 13 and 16 while conducting dredging operations.

28. INSPECTIONS

Upon request, the Permittee and its contractor(s) shall allow inspectors from the Corps Regulatory Division (may include other Corps Divisions), EPA, and(or) the U.S. Coast Guard to inspect all phases of the dredging and disposal operations. Upon request, the Permittee and its contractor(s) retained to perform work authorized by the permit or to monitor compliance with this permit shall make available to inspectors from the Corps

EPA, and(or) the U.S. Coast Guard the following: dredging and disposal operations inspectors' logs, the vessel track plots and all disposal vessel logs or records, any analyses of the characteristics of dredged material, or any other documents related to dredging and disposal operations.

29. INTERFERENCE WITH NAVIGATION

During disposal and dredging operations the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States.

30. NON-COMPLIANCE NOTIFICATION

If non-compliance of the permit occurs, the Permittee shall report the details of the permit non-compliance to the Corps Regulatory Division within twenty-four (24) hours. If the Permittee retains any contractors to perform any activity authorized by this permit, the Permittee shall instruct all such contractors that any permit non-compliance of any permit condition must be reported to the Permittee immediately who must then report to the Corps Regulatory Division.

31. HOPPER DREDGE OPERATION

When using a hopper dredge, water/slurry flowing through the weirs shall not exceed 10 minutes during dredging operations (to prevent overflow/overload). When using a hopper dredge, the fill level of the hopper dredge shall not exceed the load line to prevent any dredged material or water from spilling over the sides at the dredging site or during transit from the dredging site to the disposal site. No hopper dredge shall be filled above this predetermined level. Before each hopper dredge is transported to the disposal site, the dredging site inspector shall certify that it is filled correctly. If a dredging or disposal operation does not require a hopper dredge than disregard this special condition.

32. BARGE OR SCOW OPERATIONS

When using a disposal barge or scow, no water shall be allowed to flow over the sides throughout the dredging and disposal operations. The fill level of the disposal barge or scow shall not exceed the load line to prevent any dredged material or water from spilling over the sides during all operations. No disposal barge or scow shall be filled above this predetermined level or load line (vessel frame/plating). Before each disposal barge or scow is transported to the disposal site, the Permittees dredging site inspector shall certify that it is filled correctly.

33. ELECTRONIC POSITIONING SYSTEM NAVIGATION

The Permittee shall use an electronic positioning system to navigate throughout all dredging, hauling, disposal, and discharge operations. The electronic positioning system shall have a minimum accuracy and precision of +/- 10 feet (or 3 meters). If the electronic positioning system fails or navigation problems are detected, all dredging operations shall cease until the failure or navigation problems are corrected.

34. POST-CONSTRUCTION REPORTING

The Permittee shall submit a post-construction/project completion report to the Corps…