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HomeMy WebLinkAboutHabitat West Inc; 2009-10-29; PWI10-07PLN0 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONSc FOR LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION CONTRACT NO. SS 09-01 C BID NO. PWI10-07PLN Revised 05/01/08 Contract No. SS 09-01 Page 1 of 108 INFORMATION TO BIDDERS Questions on the bid documents during the bid period shall be submitted in writing, via facsimile or e-mail, solely to: Barbara Kennedy, Associate Planner barbara.kennedv@carlsbadca.gov Fax No. (760) 602-8559 Questions shall be definite and certain and shall reference applicable plans, notes, details, or specification sections. The cut-off date to submit questions regarding this project is 5:00 PM, September 8, 2009. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project one (1) week prior to bid opening. For additional information concerning questions on the bid documents, refer to Notice Inviting Bids, page 6. TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 11 Bid Security Form 18 Bidder's Bond to Accompany Proposal 19 Guide for Completing the "Designation Of Subcontractors" Form 21 Designation of Subcontractor and Amount of Subcontractor's Bid Items 23 Bidder's Statement of Technical Ability and Experience 24 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 25 Bidder's Statement Re Debarment 26 Bidder's Disclosure of Discipline Record 27 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 29 Contract Public Works 30 Labor and Materials Bond 36 Faithful Performance/Warranty Bond 38 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 40 Revised 05/01/08 Contract No. SS 09-01 Page 2 of 108 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 43 1-2 Definitions 44 1-3 Abbreviations 48 1-4 Units of Measure 52 1-5 Symbols 53 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 54 2-2 Assignment 54 2-3 Subcontracts 54 2-4 Contract Bonds 55 2-5 Plans and Specifications 56 2-6 Work to be Done 59 2-7 Subsurface Data 59 2-8 Right-of-Way 60 2-9 Surveying 60 2-10 Authority of Board and Engineer 63 2-11 Inspection 64 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 65 3-2 Changes Initiated bythe Agency 65 3-3 Extra Work 66 3-4 Changed Conditions 69 3-5 Disputed Work 70 Section 4 Control of Materials 4-1 Materials and Workmanship 74 4-2 Materials Transportation, Handling and Storage 78 Section 5 Utilities 5-1 Location 79 5-2 Protection 79 5-3 Removal 80 5-4 Relocation 80 5-5 Delays 81 5-6 Cooperation 81 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 82 6-2 Prosecution of Work 86 6-3 Suspension of Work 87 6-4 Default by Contractor 87 6-5 Termination of Contract 88 6-6 Delays and Extensions of Time 88 6-7 Time of Completion 89 6-8 Completion, Acceptance, and Warranty 90 6-9 Liquidated Damages 90 6-10 Use of Improvement During Construction 90 Revised 05/01/08 Contract No. SS 09-01 Page 3 of 108 Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 91 7-2 Labor 91 7-3 Liability Insurance 91 7-4 Workers' Compensation Insurance 91 7-5 Permits 92 7-6 The Contractor's Representative 93 7-7 Cooperation and Collateral Work 93 7-8 Project Site Maintenance 93 7-9 Protection and Restoration of Existing Improvements 95 7-10 Public Convenience and Safety 96 7-11 Patent Fees or Royalties 97 7-12 Advertising 97 7-13 Laws to be Observed 97 7-14 Antitrust Claims 97 Section 8 Facilities for Agency Personnel - NOT USED Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 99 9-2 Lump Sum Work 99 9-3 Payment 99 9-4 Bid Items 102 Revised 05/01/08 Contract No. SS 09-01 Page 4 of 108 "*»**' TECHNICAL SPECIFICATIONS Supplemental Provisions to Part 2 and 3 of the Standard Specifications for Public Works Construction PART 2 Construction Materials Section 215 Fencing 215-1 Environmental Fencing 103 PART 3 Construction Methods Section 300 Earthwork 300-9 Geotextiles for Erosion Control 104 300-13 Storm Water Pollution Prevention Plan 105 PART 4 Supplemental Technical Specifications Diegan Coastal Sage Scrub Restoration Plan, Technology Associates, August 24, 2009. Appendix A Figure 2 of the Diegan Coastal Sage Scrub Restoration Plan (24x36) Appendix B Resource Agency Permits Appendix C Model Storm Water Pollution Prevention Plan Revised 05/01/08 Contract No. SS 09-01 Page 5 of 108 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON SEPTEMBER 15, 2009, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Contractor shall supply all materials, equipment, labor, services, and incidentals for the installation of 5 acres of Coastal Sage Scrub in accordance with the plans and specifications outlined herein, including but not limited to utilizing the imprinting method for seeding the identified areas, perimeter fencing for protection of the restoration areas, and also including a 120-day maintenance period. An Additive Alternate for supplemental watering is included in the bid package. LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 BID NO. PWI10-07PLN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Planning Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards. Inc.. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 05/01/08 Contract No. SS 09-01 Page 6 of 108 BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared in the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for comparison of bids. The Engineer's Estimate for the Lake Calavera Preserve 5-acre Habitat Restoration project is $90.000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. Due to the nature of the project and the requirements for the project to begin and complete work within the typical normal rainy season for the state of California, the contractor is hereby made aware that there are requirements and specifications that the contractor must meet in accordance with the specifications that shall adhere to a strict construction schedule for implementation and completion of the project. Further information is provided in General Provisions Section 6-7 and the project specifications. SPECIALTY CONTRACTORS: The project requires pre-qualification of Contractors and Sub-Contractors to assure experience with the imprinting method of habitat restoration and to assure that a qualified restoration ecologist will install, maintain, and oversee the project in accordance with the specifications. All Contractors must submit required experience/qualifications with their bid. No bids will be accepted from any firm which has not complied with this requirement. As a minimum, the bidder shall have the following experience: 1. The Contractor shall have demonstrated experience with at least five successful restoration projects in Southern California using the imprinting method of restoration. At least three references shall be provided by the Contractor. 2. In addition to the contractor's demonstrated experience in restoration projects, the contractor shall also provide, employ, or utilize a restoration ecologist with minimum qualifications as outlined in Section 4.1 of the Diegan Coastal Sage Scrub Restoration Plan (Part 4). ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and A•K Revised 05/01/08 Contract No. SS 09-01 Page 7 of 108 classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classification C27 Description Landscaping Classification Description ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $35.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held on Wednesday, September 2 at 8:30 AM at the project site. The meeting and tour will begin at the SDGE access easement on the east side of Sky Haven Lane, south of Serena Avenue, in Oceanside, CA. Because of the nature of this project, attendance at the pre-bid meeting and walk-thru is mandatory. Revised 05/01/08 Contract No. SS 09-01 Page 8 of 108 UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Revised 05/01/08 Contract No. SS 09-01 Page 9 of 108 Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. August 26, 2009 Date Deputy City Clerk Revised 05/01/08 Contract No. SS 09-01 Page 10 of 108 CITY OF CARLSBAD LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. SS 09-01 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 1 -A Five (5) acres of Coastal Sage Scrub habitat restoration. Includes 5 Acres $ % 001. mobilization, site preparation, seed, installation using the imprinting method, erosion control or BMPs, and all associated costs and as specified herein. Dollars per Acre 2-A Perimeter Environmental and 4,500 LF $ *.&~* $ Silt Fencing at restoration areas and as specified herein. Dollars per Lineal Foot Revised 05/01/08 Contract No. SS 09-01 Page 11 of 108 Item No. Description Approximate Quantity And Unit 3-A Revegetation Signs (12" x 18", U-Bolts, Tee-Post) at 25' # 180 EA o.c. and as specified herein. Dollars Each Unit Price (Figures) Total Amount (Figures) 4-A 120-Day Maintenance as specified herein. 5 acres $&$ Dollars per Acre Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ OPENED, WITNESSED AND DATE SIGNATURE Revised 05/01/08 Contract No. SS 09-01 Page 12 of 108 HABITAT WEST NATIVE HABITAT RESTORATION September 24,2009 CI-p 9 • Mr. Kevin Davis, Contracts Administrator City of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008-7314 RE: Contractor's Proposal for Lake Calavera Preserve 5- Acre Habitat Restoration Contract No. SS 09-01, Bid No. PW110-07PLN Dear Kevin, The Unit Price for Item No. 4-A is $1,266.00 and the total amount is $6,330.00. Thank you for your assistance. Sincerely, Georgia L. Hurst President/CEO cc: file 2067 Wineridge Place, Suite B, Eseondido, CA 92029 (760) 735-9378 Fax (760) 735-9351 CA License #6702030 SWBE #021941 www.HabitatWest.com ADDITIVE ALTERNATE For Supplemental Watering: 1. This plan relies on rainfall to germinate and establish the desired Coastal Sage Scrub (CSS) vegetation. Should rainfall prove to be below average and inadequate during the rainy season following seeding, the Landscape Contractor may be asked to provide supplemental water to the restoration area via water trucks. Watering would be dependent on the weather conditions occurring during the initial 120-maintenance period. The optional watering, at an additional expense, would only occur at the recommendation of the restoration ecologist and with the approval of the City of Carlsbad. The contractor shall submit a per day price for watering the restoration area by water truck as Supplemental Bid Item "B" as part of this bid package. 2. Vehicular access to the site can be provided through the SDGE easement on the east side of Sky Haven Lane, south of Serena Avenue in Oceanside, CA. Contractor shall be responsible for coordination of any Right-of-Entry Permits with the utility company and for obtaining access to the project site on the SDG&E access road. Estimated Unit Price per Item Number of day Total Amount No. Description Days (Figures) (Figures) 1-B Supplemental watering for 4 days $/ 6,00•<?& five (5) acres of habitat restoration area by water truck. Total amount of bid in words for Additive Alternate:^f Total amount if bid in numbers for Additive Alternate: $ </ <?<?• 00 The award will be based on Schedule "A". The Additive Alternate may be awarded by change order during the 120-day maintenance period if supplemental watering is required. Price(s) given above are firm for 90 days after date of bid opening. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award-of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Revised 05/01/08 Contract No. SS 09-01 Page 13 of 108 The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number &~l'3-£> -^O _ , classification (L^ ~? _ which expires on <^'Bjj>//^-O / Q and that this statement is true and correct and has the legal effect of an affidavit. f A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is <g" AO /tSi/ _ (Cash, Certified Check Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _ (2) Signature (given and surname) of proprietor _ _ (3) Place of Business _ (Street and Number) City and State _ (4) Zip Code _ Telephone No. _ (5) E-Mail _ Revised 05/01/08 Contract No. SS 09-01 Page 14 of 108 IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted ttA& J 7~~A~*1 (2), (Signature (Title) ' / Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business *3-O& 7 wJ&v&mz pt*-ML£: , <S&u 7~£- (Street and Number) City and State (5) Zip Code ?<^4' ^ _ Telephone No(7^- 73^- <? 2> (6) E-Mail f/A0rfflr4*Ui' <Q-StfrjB./77frW&£7~- &&/*) _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 05/01/08 Contract No. SS 09-01 Page 15 of 108 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me,DSundqulst, Notary Pubflc Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person^j/vhose name(s)(fs^re subscribed to the within instrument and acknowledged to me that heySRe^they executed the same in his£fcplheir authorized capacity(i«6|> and that by his/tfer^their signature^) on the instrument the person(s^, or trie entity upon behalf of which the personOs^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. Place Notary Seal Above WITNESS my h/h Signature I seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of 1 Department of Consumer Affairs "» Contractors State License Board Contractor's License Detail - License # 672030 &la DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. » CSLB complaint disclosure is restricted by law (B&P 7.124,6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. -» Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. » Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. » Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Reissue Date: Expire Date: License Status: Classifications: Bonding: Workers' Compensation: Miscellaneous Information: 672030 Extract Date: 10/05/2009 HABITAT WEST INC 2067 WINERIDGE PLACE STE B ESCONDIDO, CA 92029-1920 Business Phone Number: (760) 735-9378 Corporation 05/27/1993 08/04/1998 08/31/2010 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number SC6338316 in the amount of $12,500 with the bonding company Effective Date: 03/02/2009 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1 . The Responsible Managing Officer (RMO) GEORGIA LESLIE HURST certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/04/1998 This license has workers compensation insurance with the STAR INSURANCE COMPANY Policy Number: WC0453314 Effective Date: 07/24/2009 Expire Date: 04/01/2010 ¥Vorkers.'.Qompe_nsatiQ.n History DATE 08/04/1998 DESCRIPTION LICENSE REISSUED TO ANOTHER ENTITY Conditions of Use | Privacy. Policy Copyright © 2009 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp?LicNum=672030 10/5/2009 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted :///bS / 7/9-7"" t^^-S 77-Tvt/' (2) ~ (Signature) (Title) '. Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business ^&7 CJttiEfrQ&e FL/XL& . ^L/ T£-B> ^-^ (Street and Number) City and State £$C4*£l>JJX>{ (LA' _ __ (5) Zip Code f^-O^ _ Telephone No. foe) _ ""--• S " '"'"'" (6) E-Mail rifte ITfrT&bi- &-frAfi/rm't<Jexr-£o*) _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 05/01/08 Contract No. SS 09-01 Page 16 of 108 HABITAT WEST NATIVE HABITAT RESTORATION RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF HABITAT WEST, INC. A CALIFORNIA CORPORATION THE undersigned, being all the directors of Habitat West, Inc., a California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, THE Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate officer. NOW, THEREFORE, BE IT RESOLVED, that Georgia L. Hurst is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as GEORGIA L HURST, in her sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant to subdivision (b) of Section 307 of the California Corporations Code, and is to filed with the Minutes of Board proceedings. Executed effective April 4, 2008 Georgia L. HursY President Georgia L. HursP CEO Georgia LTHurst S ecretary/Treasurer 2067 Wineridge Place, Suite B, Escondido, CA 92029 (760) 735-9378 Fax (760) 735-9351 CA License #6702030 SWBE #021941 www.HaMatWest.com List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: JL. Revised 05/01/08 Contract No. SS 09-01 Page 17 of 108 BID SECURITY FORM (Check to Accompany Bid) LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 05/01/08 Contract No. SS 09-01 Page 18 of 108 BIDDER'S BOND TO ACCOMPANY PROPOSAL LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 KNOW ALL PERSONS BY THESE PRESENTS: That we, Habitat West. Inc. , as Principal, and SureTec Insurance Company as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Bid Amount for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBUGATION IS SUCH that if the proposal of the above- bounden Principal for: LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 in the Crty of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 05/01/08 Contract No- SS 09.01 Page 19 ol 10B In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this i4th day of September .. 20Q9 • PRINCIPAL: Habitat West, Inc. (name of Principal) Executed by SURETY this 14th Of September , 20 09 . , day SURETY: SureTec Insurance Company (print name here) ^A^i JUc-f r4fr&,4w7 (name of Surety) ization of Signatory) A> (sign here) 3033 Fifth Avenue, Suite 300. San Diego. CA 92101 (address of Surety) (619) 400-4100 (telephone number of Surety) (print name'nere) tfD (title and organization of signatory) (signature^ Atti Audrey Rodriguez (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:.MJL Deputy City Attorney Revised OS01/00 Contract No. SS 09-01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of <. )dV> On 16/1 lo /D C\/ ' Dlte V personally appeared ry\fop<i ~ before me. (r^orflx^ • } r \+* M^vu ^JAVCA/VI FuViUc3Here Insert Name and Title of tile Officer 1 \ \ \ Q „ . -LX&I id i\ov sv) l Name(s) of Signer(s) OFFICIAL SEAL TYLER VOTH NOTARY PUBLIC-CALIFORNlAg COMM. NO. 1832849 - SAN DIEGO COUNTY 1 MY COMM. EXP. JAN. 24,2013 | who proved to me on the basis of satisfactory evidence to be the person(sywhose namejXf<^are subscribed to the within instrument and acknowledged to me that he/4>£5fpthey executed the same in his^?/their authorized capacity£ieg)Tand that by hisjuflmheir signatureteff on the instrument the personj^, of the entity upon behalf of which the personfsf 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. Place Notary Seal Above WITNESS my hand and official seal. Signatun OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu ment:.c5vTitle or Type of Document: , ItJ) ^ nt Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual n Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:, RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^^ State of California County of San Diego On SEP 1 4 2009 before me, Sarah stupin personally appeared Audrey Rodriguez who proved to me on the basis of satisfactory e within instrument and acknowledged to me tha that by rfts/her/ttofr signature^) on the instrum acted, executed the instrument. r/C2*|\ COMM. #1778881 J % P£j3s») NOTARY PUBLIC • CALIFORNIA g S X^SPy SAN DIEGO COUNTY -tf...»fr&i?: Commission Expires Nov. 8, 201 1 s , Notary Public vidence to be the persomjs) whose name($) is/wt£ subscribed to the t nfe/she/ttofcy executed the same in W/5/her/tto&fr capacity(i#j<i), and ent the person(g), or the entity upon behalf of which the person(?) I certify under PENALTY OF PURJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS rny-hamkan^yfficial seal. Signature of N/kary Y j OPTIONAL *** "Though the data below is not required by law, it may fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D MEMBER of LLC £3 ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnY(IES) prove valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) other than named above POA#: 510007 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Alt Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint James Baldassare, Jr., Lawrence F. McMahon, Audrey Rodriguez, Maria V. Whitecage its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/10 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: lie it Resolved, that the President, any Vice-President, any Assistant Vice-president, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and alt notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(7* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal S^f to be hereto affixed this 28th day of October, A.D, 2008. SURETEC INSURANCE COMPANY State of Texas County of Harris By: B J. Kii On this 28h day of October, 2Q03 before me personally came BJ. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle DennyNotMyPutoftaState of Texas Michelle Denny, Notary Pdblic My commission expires August 27,2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true aad correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect, &iuJ furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of SEP 1 4 2009 f~ Y M, Brent Any Instrument issued in excess of She penalty statad above fs toially void and without any validity. For verification of the authority of this power you may sal! (713) S"i2-03G8 any inrclrwa? L'ay between 8:00 am and 5:00 pm CST. HABITAT WEST NATIVE HABITAT RESTORATION RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF HABITAT WEST, INC. A CALIFORNIA CORPORATION THE undersigned, being all the directors of Habitat West, Inc., a California Corporation, by this writing approve the following resolutions and consent to their adoption: WHEREAS, THE Board of Directors of this Corporation, desires to grant to the Officers of this Corporation, the power to execute all corporate instruments and documents, or to sign the corporate name without limitation, each acting alone and without approval of signature of any other corporate officer. NOW, THEREFORE, BE IT RESOLVED, that Georgia L. Hurst is hereby authorized and directed to act alone in signing any and all corporate documents of any kind or nature, and/or related instruments, for the benefit of the Corporation, on such terms and conditions as GEORGIA L HURST, in her sole discretion, deems advisable in the best interest of the corporation. This consent is executed pursuant to subdivision (b) of Section 307 of the California Corporations Code, and is to filed with the Minutes of Board proceedings. Executed effective April 4, 2008 Georgia L. H Preside: Georgia L. Hurst^ CEO Georgia L. Hursu Secretary/Treasurer 2067 Wineridge Place, Suite B, Escondido, CA 92029 (760) 735-9378 Fax (760) 735-9351 CA License #6702030 SWBE #021941 www.HabitatWest.com Company Profile Page 1 of 1 Company Profile SURETEC INSURANCE COMPANY 952 ECHO LANE, SUITE 450 HOUSTON, TX 77024 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC Group #: QQQQ California Company Wi: 4914-8 Date authorized in California: October 24, 2005 License Status: UNLMTED-NOEMAL Company Type: Property & Casualty State of Domicile: TEXAS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - June 26, 2009 05:53 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=l 056... 09/21/2009 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 05/01/08 Contract No. SS 09-01 Page 21 of 108 Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 05/01/08 Contract No. SS 09-01 Page 22 of 108 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* mt^. 6* (LA Page.pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 05/01/08 Contract No. SS 09-01 Page 23 of 108 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract; Completed PL£fr&i ,., Name and Address of the Employer : •£>EJZmTA4Jf£:E> Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised 05/01/08 Contract No. SS 09-01 Page 24 of 108 HABITAT WEST NATIVE HABITAT RESTORATION PROJECT EXPERIENCE: LAND IMPRINTING PROJECTS Project Name: Overview: Status: Habitat size: Location: Project Length: Contract. Client: Rancho Carrillo Habitat Restoration Seed imprinting of approximately 2 acres, restoration of upland & wetland habitat, 11.3 acres of riparian habitat, 5.4 acres of Southern Willow Scrub, 1.0 acre of fresh water marsh, 4.9 acres of coast live oak woodland, as well as removal of 9.92 acres of exotic species. COMPLETED 20 acres Carlsbad, CA 5 years $494,000.00 Glenn Lukos Associates 29 Orchard Lake Forest, Ca 92630-8300 Sally Davis, Senior Habitat Restoration Specialist Phone (949) 837-0404, ext 46 Fax (949) 837-5834 E-mail: sdavis@wetlandpermitting.org Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client. Ocean Trails Habitat Restoration Seed imprinting and restoration of 58 acres of Coastal Sage Scrub along coastal bluffs. Install drip irrigation to 60,000 plants. Removal of non- native species. COMPLETED 58 acres Rancho Palos Verdes, CA 7 months $401,718.00 Palos Verdes Peninsula Land Conservancy P.O. Box 3427 Rolling Hills Estates, Ca 90274 Andrea Vona, Executive Director Phone (310) 541-3427 Fax (310) 541-7623 E-mail: avona@pvplc.org Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: Inland Feeder Reaches 7 and 8 Seed imprinting of Coast Sage Scrub along the inland feeder water pipeline. COMPLETED 1.60 acres Riverside, CA 2 years $29,022.63 AECOM 999 Town and Country Road, Fourth Floor Orange, Ca 92868 Phone (714) 835-4447 Fax (714) 953-6989 Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: George Air Force Base Landfill Revegetation Project Seed imprinting and soil inoculation of 200 acres of desert habitat. 2 year monitoring. COMPLETED 200 acres George Air Force Base,Victorville, CA 2 years $367,532.00 MWH Montgomery Watson and Harza Engineering and the Department of the Air Force 618 Michillinda Avenue Arcadia, Ca 91007 Alexa C. Mac Gilvray Phone (626) 568-6310 Fax (626) 568-6101 HABITAT WEST NATIVE HABITAT RESTORATION COMPANY OVERVIEW Habitat West, inc. has 16 years of extensive experience maintaining & monitoring numerous long-term contracts for upland and wetland mitigation sites. Habitat West, Inc. was founded by Gigi Hurst in 1993 with the specific agenda of providing the highest quality native habitat restoration and management services. Habitat West's project team has a reputation and track record of providing quality native habitat restoration and management services and getting projects signed off. Many past clients have specifically stated that the quality of our work has been superior to that of our competitors. Our dedication to long-term maintenance strategies give native vegetation optimum opportunity to flourish over non-native species. For 16 years Habitat West has had first hand experience working on contracts that have been permitted by federal and state agencies, while gaining invaluable insight and experience with the permit requirements for endangered species and sensitive habitats within the Southern California region. All of Habitat West's mitigation projects fall under some or all of the permit requirements from U.S. Fish and Wildlife (USFW), California Department of Fish and Game (CDFG) and/or the Army Corp of Engineers (ACOE). Therefore, we are intimately familiar with the requirements necessary for agency sign off of native restoration habitats. Habitat West currently has an 5 year maintenance and monitoring contract with the City of Carlsbad for the Rancho Santa Fe Bridge widening. We are very familiar with the long term permit goals and requirements outlined in the Army Corps of Engineers, U.S. Fish and Wildlife, and California Department of Fish and Game permits. Currently, our first year annual monitoring report was submitted to the City of Carlsbad for review and no exceptions were taken. The site is on track and slightly ahead of the first year's goals as outlined in the permits. Habitat West has a trained staff of habitat specialists, horticulturists, irrigation specialists, equipment operators and experienced labor crews that enables us to manage all aspects of habitat restoration. Habitat West, Inc. is exclusively a native habitat restoration company. Our corporate office is located in Escondido, California. Our fulltime staff members reside in North San Diego County and Southern Orange County. Ms. Hurst serves as the Habitat Specialist and resides in Escondido. Habitat West, Inc. holds a current C-27 Landscape Contractors license, a Pest Control Advisors (PCA) license and a Qualified Applicators license (QAL). Habitat West is currently certified as a WBE (Woman-owned Business Enterprise) and SBE (Small Business Enterprise). HABITAT WEST NATIVE HABITAT RESTORATION REFERENCES Paul Walsh, Dudek and Associates Landscape Architect #4446/Habitat Restoration Specialist 605 3rf Street, Encinitas, CA 92024 Phone: 760.942.5147 E-mail: pwalsh@dudek.com Kyle L. Ince, Merkel & Associates, Inc. Senior Biologist 5434 Ruffin Road, San Diego, CA 92123 Phone: 858.560.5465 E-mail: kince@merkelinc.com Thomas M. Cherry, ICF / Jones & Stokes Senior Landscape Architect 9775 Businesspark Avenue, Suite 200, San Diego, CA 92131 Phone: 858.578.8964 Ted St. John, Ph.D., Chambers Group, Inc. Principal Restoration Ecologist 17671 Cowen Avenue, Suite 100, Irvine, CA 92614 Phone: 949.261.5414 E-mail: tstjohn@chambersgroupinc.com Richard Lewis, Bonterra Consulting Senior Restoration Ecologist 3452 East Foothill Blvd., Suite 420, Pasadena, CA 91107 Phone: 626.351.2000 E-mail: rlewis@bonterraconsulting.com HABITAT WEST NATIVE HABITAT RESTORATION SPECIFIC EXAMPLES OF HABITAT RESTORATION AND MAINTENANCE EXPERIENCE Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: Escondido Creek Enhancement & Flood Control Project Long term maintenance of 16.7 acres of Coastal Sage Scrub, riparian, and native grassland within the Escondido Creek Watershed. Work includes weeding, irrigation scheduling and repairs, supplemental planting, seeding, trash removal and erosion control. The project was signed off by the agencies in September 2007. COMPLETED - Signed Off, September 2007 16.7 acres Escondido, CA 5 years $153,683.86 City of Escondido 201 N. Broadway, Escondido, CA 92026 Lance Lauricha, Senior Wastewater Collection Supervisor Phone (760) 839-4347 Fax (760) 839-4235 Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: Ocean Front Coastal Sage Scrub Habitat. Replant and retrofit 29.2 acres of Coastal Sage Scrub, non-native weed removal, plant establishment and maintenance for 3 years. COMPLETED - Signed Off, March 2006 29.2 acres Rancho Palos Verdes, CA 3.5 years $258,981.00 Capital Pacific Homes, Inc. Ana Marie Galvez, Project Manager Phone (949) 225-3318 E-mail: anamariag@makarproperties.com HABITAT WEST NATIVE HABITAT RESTORATION Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: Peninsula Point Coastal Sage Scrub & Gnatcatcher Habitat Exotic weed removal. Install irrigation and plant with Coastal Sage Scrub. COMPLETED - Signed Off, 2005 3 acres Rancho Palos Verdes, CA 5 years $95,600.00 Vintage Communities 18401 VonKarmen Avenue, #1350 Irvine, CA Patricia Hartman, Project Manager, Land Development Phone (949) 253-7100 Fax (949) 253-7139 E-mail: path@vci.com Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: Prima Deshecha Coastal Sage Scrub Habitat. Maintenance of Coastal Sage Scrub habitat mitigation for 5 years. COMPLETED 44.10 acres Escondido, CA 5 years $554,825.00 County of Orange, OC Waste and Recycling 320 N. Flower Street, Ste. 400 Santa Ana, CA 92703 Phone (949) 728-3042 Fax (949) 728-3041 E-mail: george.ker@iwmd.oc.gov #•*•»» HABITAT WEST NATIVE HABITAT RESTORATION Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: Rancho Santa Fe Road North 5-Year "On-SHe" and "Off-Site" Wetland Restoration Project 5 year long-term maintenance and monitoring. Maintenance activities include regular site visits focusing on non-native weed removal, irrigation scheduling, trash and debris removal. Other activities include supplemental planting, seeding and erosion control to upland and wetland habitats. IN PROGRESS 4.14 acres Carlsbad, CA 5 years $260,000.00 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 John Cahill Phone: (760) 602-2726 E-mail: john.cahill@carlsbadca.gov Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: Elfin Forest Recreational Reserve Coastal Sage Scrub Habitat. Maintain 6 acres of Coastal Sage Scrub and wetland habitat within the Escondido Creek Watershed. Work includes hand weeding, herbicide application within wetlands, trash removal and repair after storm events. COMPLETED - Signed Off, 2009 6 acres Elfin Forest Recreational Reserve, Escondido, CA 6 years $91,117.38 Olivenhain Municipal Water District 1966 Olivenhain Road Encinita, CA Jeff Anderson, Park Ranger Phone (760) 632-4222 Fax (760) 740-0505 E-mail: janderson@01ivenhain.com HABITAT WEST NATIVE HABITAT RESTORATION Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client Bonita Meadows Open Space Preserve Plant establishment and long term maintenance. Work includes 3 years of non-native weed removal, weeding, erosion control, fence repair, trash and debris removal. Supplemental planting and seeding as requested. IN PROGRESS 21 acres within 200 acres open space Bonita, CA 3 years $196,117.50 California Department of Transportation Environmental Division, MS-242 4050 Taylor Street, San Diego, CA 92110 Michael Connelly, Project Manager Phone: (619) 688-0118 Fax (619) 688-4237 E-mail: michael-connelly@dot.ca.gov Project Name: Overview: Status: Habitat size: Location: Project Length: Contract: Client: 1-15 and Adams Canyon Restoration Project Restoration of three canyons disturbed by emergency sewer repair. Work included repair of heavy erosion to all three canyons, installation of erosion control devices including straw wattles, rock and chain link and rock burritos, native plant and seed and irrigation installation and 25 months maintenance COMPLETED 2 acres San Diego, CA 2.5 years $132,725.00 Metropolitan Wastewater Dept, City of San Diego 9192 Topaz Way San Diego, CA 92123 Stephanie Bracci, Project Manager (858) 292-6409 HABITAT WEST NATIVE HABITAT RESTORATION KNOWLEDGE OF RESOURCE AGENCY REPORTING PROCEDURES Habitat West, Inc. has extensive experience in working with the resource agencies responsible for signing off native habitat mitigation sites. Numerous Habitat West projects throughout Southern California that have been accepted and signed off by the following agencies: > Army Corps of Engineers (ACOE) > U.S. Fish and Wildlife (USFW) > California Department of Fish and Game (CDFG) > Regional Water Quality Control Board (RWQCB) Job Name Val Sereno Cupertino Monet 1-15 and Adams Canyon Escondido Creek Las Flores Rancho Vicente San Miguel Ranch El Cuervo Mitigation Wetlands Torrey Del Mar Crosby Estates / Santa Fe Valley Ocean Front Peninsula Pointe Owner Garden Communities Ryland Homes Monet Homeowners Association City of San Diego City of Escondido Vintage Communities Ryland Homes Glenn Lukos Associates City of San Diego D.R. Horton Starwood Developers Capital Pacific Homes Vintage Communities Date Signed Off August 2008 June 2008 December 2007 November 2007 September 2007 August 2007 May 2007 November 2006 October 2006 August 2006 June 2006 March 2006 September 2005 SEP-18-2009 15:21 HYDROPLPNT-INC.1 760 744 6559 P.01/01 Hydro-Plant, Inc. Hydroseeding and Erosion Control 356 South Pacific Street San Marcos, CA 92069-3894 (760) 744-7360 (800) 97-HYDRO FAX (760) 744-6559 Contractors Lie. # 397933 CA # 0033228 NV # 110927 AZ July 1,2000 LAND IMPRINTING WORK EXPERIENCE Project: Ocean Trails Golf Course Rancho Palos Verdes, CA. Contact: GiGi Hurst Habitat West (760) 735-9378 Project: San Joaquin Reservoir Irvine, CA. Contact: Scott Kyle Nakae & Associates, Inc (949) 362-0405 Project: Rancho Carrillo Carlsbad, CA. Contact: GiGi Hurst Habitat West (760) 735-9378 Project: Test Plots, Naval Air Station San Diego, CA. Contact: Dr. Ellen Bauder San Diego State University (619)278-5956 Project: Black Mountain Ranch Test Plots San Diego, CA. Contact: John Neeb Rancho Property Services (949) 367-0404 Project: Vista De La Valle Revegetation Oceanside, CA. Contact: Don Hunsaker III The Environmental Trust (619)461-8333 Inland Feeder Reaches 7 & 8 Lakeview/Riverside, CA. GiGi Hurst Habitat West (760) 735-9378 Cat-Mat Mine Site/Test Plots Pala, CA. Kevin Kirchner Nakae & Associates, Inc. (949) 362-0405 Central Pit/Vulcan Materials San Bernardino. CA. Kevin Kirchner Nakae & Associates, Inc. (949) 362-0405 Cal-Mat Site/Morongo Indian Res. Banning, CA. Kevin Kirchner Nakae & Associates, Inc. (949) 362-0405 Vernal Pool Restoration Carlsbad, CA. Doug McKinney D & D Landscape Construction (619)287-9311 Nature's Bridge To Discovery Coronado, CA. Doug McKinney D & D Landscape (619)287-9311 TOTfiL P.01 Rod Dossey Years w/e2M: 2 Service Area Manager (Natural Resources) Years w/others: 16 Education: B.S., Ecology, Behavior and Evolution, 1993 University of California San Diego Certifications/Registrations: USFWS Recovery Permit for California Gnatcatchers USFWS Recovery Permit for the collection of the following plant species: San Diego Thornmint Del Mar Manzanita Encinitas Baccharis Orcutt's Spine Flower Mexican Flannel Bush Willowy Monardella Peirson's Milk Vetch San Diego Button Celery San Diego Mesa Mint Otay Mesa Mint Otay Tar Plant Spreading Navarettia California Orcutt Grass Salt Marsh Bird's Beak San Diego Natural History Museum Research Associate CDFG Collection Permit for Rare and Endangered Plants County of Riverside Certified Biologist Specialized Training: Army Corps of Engineers Wetland Delineation Training Army Corps of Engineers Regulatory Training Experience Summary: Mr. Dossey has fifteen years of biological experience in Southern California (The majority within San Diego County). Mr. Dossey has conducted surveys and prepared reports for hundreds of general biological surveys and many more focused surveys for rare and endangered species. He has experience with all aspects of revegetation and restoration projects including design, oversight and monitoring. His projects have included constraints analysis, mitigation planning, habitat mapping, biological resources reports, interpretation of regional conservation plans (NCCP), evaluations of project impacts, wetland delineations/determinations, construction monitoring, and habitat management plans. He has managed projects from a few acres to thousands of acres. Project Related Experience: Project Manager Quino Checkerspot Butterfly Enhancement Plan, Southwest Division, San Diego, CA. 2008-Present. Managing all aspects of a project to provide mitigation for impacts to the Quino Checker Spot butterfly from the construction of facilities at the La Posta engineering-environmental Management, Inc. Corporate Resume **•-* Mountain Warfare Training Facility. The project includes balancing mitigation requirements W- with training needs at the facility. This project includes preparation of a mitigation plan for 63 acres of QCB habitat. Lead Environmental Monitor, East Mission Gorge Trunk Sewer, City of San Diego, San Diego, CA 1996-2006. Ten years as the biologist on project management team for the construction of seven miles of sewer pipeline through areas of critical habitat for the Federal Listed Endangered least Bell's vireo, occupied habitat for the Federal Listed Threatened coastal California gnatcatchers and populations of the Federal Proposed Endangered San Diego ambrosia. Project included removal of exotic species from a three mile stretch of the San Diego River and installation and monitoring of habitat mitigation for wetlands and coastal sage scrub. Responsibilities also included coordinating monitors for critical cultural resources associated with the San Diego Mission Flume. Biologist, Bernardo Lakes/Bel Etage/Savannah, County of San Diego, San Diego, CA 1996-2000 and 2007-2008. Project included general biological surveys, constraints analysis, revegetation and restoration of coastal sage and wetland native habitats. Responsibilities also included drafting San Diego County's first approved and privately funded habitat management plan. Project also involved compliance with the Multiple Species Conservation Plan. Project Biologist, Hidden Trails, RBF Consulting, San Diego, CA 1998-2000. Senior Project Biologist for a new housing development. Responsibilities included conducting general biological surveys on a 260-acre property in Otay Mesa. In addition focused surveys were conducted for the Federal Listed Endangered Otay tar plant. Wetland delineations were completed for all jurisdictional waters ^ including 29 vernal pools. Wildlife corridors within the project were evaluated for long term viability. t Responsibilities included preparing a mitigation and revegtation plan for impacts too vernal pools, rare plants, maritime succulent scrub, and coastal sage scrub. Responsibilities also included oversight for compliance of the project with the Multiple Species Conservation Plan. Restoration Specialist, Lake Murray Trunk Sewer and Mitigation Project, City of San Diego, San Diego, CA 1999-2006. Project biologist responsible for implementation of a controversial mitigation project. The project involved the construction of a new segment of sewer line and creation of 5-acres of wetland and coastal sage scrub mitigation. Responsibilities included representing the project to public organizations, monitoring revegetation and construction, surveying for coastal California gnatcatchers, coordinating with the Regional Water Quality Control Board, City of San Diego environmental staff, and U.S. Army Corps of Engineers. Restoration specialist, Steele Canyon Golf Course Mitigation, County of San Diego, CA 1996-2000. Monitored growth and recovery of coastal sage scrub and wetland habitats in a golf course mitigation area. Restoration Specialist San Marcos Landfill Revegtation Plan, County of San Diego, CA 1996-1999. Responsibilities involved monitoring installation and success of experimental revegetation sites. Assisted in drafting and researching planting issues for landfills for the final revegetation plan. Negotiated changes in revegetation plan with adjacent property owner. Restoration Specialist, Piedras Pintadas and Bridge Underpass Mitigation Sites, San Dieguito River Park, CA 1996-1999. Monitored coastal sage scrub and wetland mitigation sites use for a newly constructed trail through the San Dieguito River park and a bridge underpass for pedestrians along 1-15. . .a***.. ^ Project Biologist, Fair Oaks Ranch, Fair Oaks LLC, CA 2001-Present Managed all aspects of biology for a development including surveys, wetland delineations, wetland permitting, mitigation engineering-environmental Management, Inc. Corporate Resume t/ *•• planning. Project included general biological surveys, constraints analysis, and native landscaping plan, ^^ drafting a privately funded habitat management plan. Project also involved compliance with the Multiple Habitat Conservation Plan. Restoration Specialist, Old Grove Marketplace Mitigation Plan, Seabreeze Property Inc, CA 2003. Biologist responsible for preparing a revegetation plan to mitigate impacts of the construction of a shopping center in the City of Oceanside. Responsibilities included writing and approval of the plan by the agencies and oversight of the project installation. Restoration Specialist, Pacific Sorrento Tech Park, San Diego, CA 2001-2002. Permitted and installed a mitigation and monitoring program for a technology park. The plan included long term flood control measures and an adaptive mitigation approach for repeated impacts of flood control channel from vegetation clearing.. Restoration Specialist, Mcgonigle Canyon Mitigation Site, Seabreeze Property Inc., CA 2007-2008. Monitoring and documenting exotic removal efforts and maintenance on a one acre site within a City of San Diego mitigation area. Senior Biologist segment A-l (Otay Mountain) Environmental Stewardship Plan of the US Tactical Infrastructure Project, Army Corp of Engineers Ft. Worth, San Diego, CA 2007-2008. Member of expert team that conducted biological surveys, along seven miles of U.S borders and access roads in support of the construction of the tactical infrastructure. Prepared the biological survey report and revised natural resource chapters of the ESP. \. '**' Senior Biologist segment A-2a (Tecate Peak) Environmental Stewardship Plan of the US Border Fence Project, Army Corp of Engineers Ft Worth, San Diego, CA 2007-2008. Conducted biological surveys along five miles of U.S border and access roads in support of the construction of the tactical infrastructure. Prepared the biological survey report and revised natural resource chapters of the ESP. Senior Biologist segment Environmental Stewardship Plan CV-2a (Cabeza Prieta), Army Corp of Engineers Ft. Worth District, Yuma, AZ 2008. Coordinated and conducted field surveys and Waters of the U.S. jurisdictional determinations for the access roads and staging areas associated with this section of the tactical infrastructure along the border. Revised the biological survey report and environmental stewardship plan to include four miles of access road data Senior Biologist segment FV-lb Environmental Stewardship Plan (East of Douglas, AZ), Army Corp of Engineers Ft. Worth District, Douglas, AZ 2008. Coordinated and conducted field surveys and Waters of the U.S. jurisdictional determinations for two additional access roads and staging areas associated with this section of the tactical infrastructure along the border. Revised the biological survey report and environmental stewardship plan to include four miles of access road data Senior Biologist Sonoita CBP Station EA, Army Corp of Engineers Ft. Worth District, Douglas, AZ 2008. Conducted field surveys of an additional parcel as well as participated in waters of the U.S. jurisdiction determination for the entire site. Also mapped leaf nosed bat forage habitat t**"" across site. engineering-environmental Management, Inc. Corporate Resume Descriptions of three Coastal Sage Scrub Projects for restoration ecologist Rod Dossey f* """ Simeon Street Revegetation- converted an abandoned road at Mission Trails Regional Park to coastal sage scrub habitat. This project part of the East Mission Gorge Trunk Sewer project mitigation and was signed off in 2006 for the City of San Diego MWD Contact is Ali Heidari 619-980-9469 aheidari@sandiego.gov Lake Murray Trunk Sewer- A locally controversial project involved overseeing the installation of coastal sage scrub and riparian habitats as mitigation for a sewer line replacement. This project was signed off in 2005 for the City of San Diego. Contact is Ralph Adamos (858) 456-1090 radamos@sandiego.gov Bernardo Lake/Bel Atage/Savannah . Designed and monitored installation of multiple coastal sage scrub revegetation sites for the construction of two private developments. Hearthstone Homes. Contact Sid Constantinescu (858) 794-5787 SConstantinescu@hearthstone.com HABITAT WEST NATIVE HABITAT RESTORATION Resume of GM Hurst President & CEO Education: B.S. Ornamental Horticulture, Cal Poly San Luis Obispo, 1986 Minor: Botany, University of California Santa Barbara Role: Native Habitat Restoration Specialist / Project Manager Ms. Hurst established Habitat West, Inc. in 1993 with the exclusive agenda of providing the finest quality native habitat restoration and management services. She has 19 years experience in the horticultural/irrigation field. She has focused the last 16 years in implementing and maintaining the numerous long-term native habitat contracts for both wetland and upland mitigation sites including design of overhead irrigation, micro-irrigation as well as pump and filtering systems. She is a hands-on manager and participates directly in the coordination of the staff with all projects. She has overseen the installation and maintenance of 2,000 + acres of riparian, coastal sage scrub, CSS chaparral, freshwater marsh, saltwater marsh, oak woodland and grassland habitats. Non-native invasive plant removal also plays a large role in the type of projects she manages. She has developed specific areas of expertise in exotic pest control as well as the use of chemical control within and outside of wetland areas. Certifications / Registrations: • CAPCA, California Agriculture Productions Consultants Association • PCA #70361, Pest Control Advisor • QAL #96261, Qualified Applicator License • C-27, Landscape Contractor's License #672030 • WBE & SBE Women Business Enterprise, Cal-Trans Firm #21941 • Guest Lecturer: Society of Ecological Restoration HABITAT WEST NATIVE HABITAT RESTORATION COPIES OF CERTIFICATIONS • C-27 State of California Contractors License #672030 • Pest Control Adviser (PCA) #70361 and Qualified Applicator Licenses (QAL) #96261 • Pest Control Business License #36382 « City of Carlsbad Business License #1204575 • WBE & SBE, Women's Business Enterprise, CalTrans Firm #2194 w • Suppliers Clearing House Certificate of Eligibility as a WBE #9GN00008 • Certified Small Business, State of California, #004319 THIS DOCUMENT HAS A TRUE DEFENSA"" WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES c BUS. NUMBER 1204575 DATE ISSUED 8/13&009 SIC CODE 17 OWNER FIRM OR CORPORATIONNAME BUSINESS NAME , - MAILING ADDRESS CITY AND STATE' 1635 Faraday Ave, Carlsbad CA 92008 '"" ' ' ' ' POST INCONSPICUOUS PLACE" BUSINESS REGISTRATION CERTIFICATE Tb» peraon.4rrn or corporation name$, below Is" grants this business certificate, pursuant to the provisions of the^CHy Business License Ordinances to engage in.tarry on or conduct Ih^riusinMsr'irade, caUfno, profession, «xh*itiort or occupation described below Issuance of lh» certificate Is not an endorsement, nor certification of compliance, «h,tHher ordinances or laws Thit license Is Issued wilhoul verification mat Ihe licensee is SUDJSCI to or exempt from licensing by Ihe StaWofCaUfonM ..•> • • • ' ' _J"- SIC DESCRIRTIONI. .' -f Gonstruction-SpecfeilTrficleNDontractors HURST, (BORGIA - •' ,'*>-?: ,/V*HABITAT WE^T, -wa>-' .. 2067 WH4ERIDGE.PL f B,. BUSINESS LOCATION 2067 WINERIDGE PL # B EXPIRATION DATE 9/30/2010 Ant' OF CARLSBAD THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT dpf DEPARTMENT OF PESTICIDE REGULATION LICENSING/CERTIFICATION PROGRAM QUALIFIED APPLICATOR LICENSE DATE OF ISSUE VALID THROUGH Ol/OI72009 QAL 9626I GIGi L HDRST 67 WINERIDGE PL STE B WsCOHDI-DO CA 92029 12/31/2010 BC DEPARTMENT OF PESTICIDE REGULATION LICENSING/CERTIFICATION PROGRAM AGRICULTURAL PEST CONTROL ADVISER LICENSE DATE OF ISSUE VALID THROUGH 01/01/2009 PCA 70361 E GlGl L HDRST 20&7 WIHERIDGE PL STE B ESCOHDIDO CA 92029 12/31/2010 State a California Q.SSL.CONTRACTORS STATE LICENSE BOARD••f^iM.,* AOTIVF I irruccConsumerAffairs ACTIVE LICENSE 672030 HABITAT WEST INC CORP 027 08/31/2010 Ipf ISSUED >Ianuary 01, 2009 EXPIRES December 31,2010 CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION 10011STOEET SACRAMENTO,,oyLEORNIA 95814 MAINTENANCE li^iDENER PEST CONTROL BUSINESS LICENSE .-/ LICENSE NO. 36582 ,, V,Invalid if insurance and/or igualified person($) lapse before expiration date. Mailing Address HABITAT WEST,INC. 2067 WINERIDGE PL STE B ESCONDIDO, CA 92029 Business Location ,JJABITATWEST,INC. 2067 WINERIDGE PL STE B ESCONDIDO, CA 92029 Mary-Jinn Warmerdam, (Director POST THIS LICENSE PROMINENTLY IN PUBLIC VIEW THIS LICENSE IS NOT TRANSFERABL - ANY CHANGE IN OWNERSHIP REQUIRES A NEW LICENSE .2 I I I o o — U S a I ii 08 i-H OO 0 U U 8a*>r- u c oo o o o^H m "H ^Hvo t>- r- fi vo sin 10 <N DCS State of California ' Department of General Services • Arnold Schwarzenegger, Governor P ROC UREMENT DIVISION Office of Small Business and DVBE Services 707 Third Street, 1st Floor, Room 400 " PO Box 989052 West Sacramento, California 95798-9052 • (800) 559-5529 /BAPP/OOeHOI November 1,2006 REF# 0043619 HABITAT WEST INC 2067 WINERIDGE PL STE B ESCONDIDO CA 92029-1931 Dear Business Person: Congratulations on your certified small business status with the State of Californfa. Your certification entities you to benefits under the state's Small Business Participation Program within state contracting, including a five percent bidding preference and special prQYjjftjflns under the Prompt Payment Act. %%* * k • __ *Jf Certification period Your certification Industry CONSTRUCTION ^•— —•»• Annual Submission Requirement To maintain your certified status, you must annually s'ttbjriit to the Off 106^5171311 Business and DVBE Services (OSDS), proof of annual receipts and proof of employees^toitf j^finlt*and each of your affiliates (if any). Proof of Annual Receipts Submit to OSDS, a copy of your firm's and any affiliate firm's ENTIRE federal tax return each year following your certification. Include ALL accompanying schedules, forms, statements, and any other support documents filed with that specific tax return. If you request a tax filing extension with the Internal Revenue Service, submit to our office a copy of the extension form. When your tax returns are filed, submit a copy of the entire federal tax return to our office. Proof of Employees If you have employees whose taxable wages are reported to the California Employment Development Department (EDO) on a quarterly basis, you must annually submit to our office along with your proof of annual receipts, proof of employees for your firm and any affiliates. We will accept a copy of the EDO's "Quarterly Wage and Withholding Report" (Form DE6) or other format accepted by the EDO. Your employee documents must cover the same four quarters as the tax return you submit for your proof of annual receipts. / If you have out-of-state employees, submit the employee documentation comparable to EDO's "Quarterly Wage and Withholding Report" for the same four-quarter period. Maintaining Your Online Certified Firm Profile • Qffice of Small Business and DVBE Certification ' REF# 0043619 HABITAT WEST INC November 1, 2006 SB APR 20061101 4 Standard Industrial Classification (SIC) Code(s) Certification Approval Attachment You selected the following Standard Industrial Classification (SIC) codes and/or contractor's license classifications to describe your firm's business: "Construction firms are classified by their California contractor's license classification(s). 4-Digit SIC Industry Code* SIC Code Description CONSTRUCTION C-27 Landscaping Jones & Stokes December 13, 2006 Reference for Habitat West, Inc Project: Del Mar Fairgrounds Salt marsh Restoration RFP: Project # C0622X.403 To whom it may concern: I have worked with Habitat West for 14 years. They have 14 years experience in the installation and maintenance of many types of habitats. I have worked with them on revegetation projects concerning several salt marsh restoration projects as well as freshwater marsh, southern willow scrub, coastal sage scrub, and oak woodland habitats. Over the years we have worked together I have found that they pride themselves on installing quality work combined with honesty, and integrity. I find they take pride in their work and will take that extra step in being proactive to solve a problem. They have expertise in planting, seeding, irrigation installation, and non-native weed removal. They consistently complete their projects in a timely fashion. I would consider them one of the top revegetation contractors in the habitat restoration community. I would, and do, highly recommend them for any habitat restoration /mitigation projects within San Diego County. Thomas M. Cherry ASI&XLA #3660 Senior Landscape Architect 9775 Businesspark Avenue • San Diego, California 92131 • Del. 858.578.8964 • fax 858.578.0573 w w w. j onesandstokes. com Merkel & Associates, Inc. 5434 Ruffin Road, San Diego, CA 92123 Tel: 858/560-5465 • Fax: 858/560-7779 e-mail: associates@merkelinc.com December 13, 2006 California Construction Authority 1776 Tribute Road Suite 220 Sacramento, CA 95815 Re: Habitat West, Inc. - Del Mar Fairgrounds Salt Marsh Restoration RFP: Project #C0622X.403 To whom it may concern: I have worked with Habitat West since their establishment 14 years ago. As a biologist in San Diego County, I have monitored their work on numerous projects. These projects have involved the implementation of native upland and wetland habitat types including Diegan Coastal Sage Scrub, Southern Willow Scrub, and Coast Live Oak Woodland. Their many years of experience enable them to provide a high quality product including grading, irrigation installation, planting, seeding, and non-native plant identification and removal. They consistently complete their work in a timely fashion with a high degree of honesty and integrity. Of the many landscape companies that I've monitored, I highly recommend Habitat West for implementing native habitat restoration. Sincerely, Kyle L. Ince Senior Biologist EDAW inc 1420 Kettner Boulevard, Suite 620, San Diego, Caiifornia 92101 T 619,233.1454 F 619.233.0952 www.edaw.com December 12, 2006 Gigi Hurst, President Habitat West, Inc. 2067 Wineridge Place, Suite B Escondido, California 92029 Subject: Letter of Recommendation for Habitat West, Inc. To Whom It May Concern: I am pleased to provide this letter or recommendation for Habitat West, Inc. (Habitat West). Over the past 14 years as a habitat restoration specialist I have worked with Gigi Hurst and Habitat West, Inc. on approximately 20 native habitat restoration projects, including both wetland and upland habitats. From my experience, the Habitat West staff has always performed in a professional and effective manner. They have successful experience both implementing and maintaining native habitat restoration projects (including habitat creation, restoration, and/or enhancement efforts). They do a very good job of following project plans and coordinating with the project team (e.g., project manager and project biologist etc.) to help implement successful projects. Their staff is well-trained and conscientious, and can be trusted to perform the work properly. They have successful experience performing a number of services including, but not limited to, site preparation, irrigation design and installation, native plant salvage and collection, container planting and seeding, nonnative plant eradication, and erosion control. They have also good experience problem-solving and working with the project biologist to modify the implementation and/or maintenance approach when it is ecologically beneficial to the success of the restoration. Habitat West takes pride in their work. They are flexible and consistently take the steps necessary to conduct successful projects. They have been a significant contributor to the success of numerous habitat restoration projects in Southern California and have earned recognition from their peers for that contribution. Sincerely, ^James D. Prine Senior Restoration Ecologist james.prine@edaw.com -T*~ BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability /orkers Compensation Employer's Liability A 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 05/01/08 Contract No. SS 09-01 Page 25 of 108 ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (559)650-3555, Fax (559) 650-3558 •Landscape contractors (Lic#0755906) Insurance Services, Inc. 1835 H. Fine Avenue Fresno CA 93727 INSURED Habitat West, Inc. 2067 Winexidge Place, Suite B Escondido CA 920291931 DATE (MMJDD/YYYY) 9/18/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE iNSURER A: ARCH Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A A ADD'L NSRD X TYPE OF INSURANCE GENERAL LIABILITY X X X COMMERCE GENERAL LIABILITY | CLAIMS MADE | X | OCCUR XCD Coverage $500 PD DED GENt AGGREGATE LIMIT APPLIES PER: "Xl POLICY n 5?C°T- FltOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWN ED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY | OCCUR 1 | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1OFFICER/MEMBER EXCLUDED?(Mandatory In NH) If yes, describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER L.CPKG0101500 LCPKG0101500 POLICY EFFECTIVEDATE (MM/DD/YYYY) 11/23/2008 11/23/2008 POLICY EXPIRATIONDATE (MMJDD/YYYY) 11/23/2009 11/23/2009 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL « ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT nTHER THAN EA ACC AUTO ONLY: ^ EACH OCCURRENCE AGGREGATE V\C STATU- OTH-TORY LIMITS ER El. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ $ $ $. $ $ $ $ $ $ $ $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS RE: Lake Calavera Preserve 5 -ACRE Habitat Restoration Project Carlsbad, CA Blanket Additional Insured per Attached OOGL0434000108 City of Carlsbad is named as Additional Insured. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYs WRrTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ^+**»~*^3£3£^Tracy Hodge/ KIMS <-^-^J"^.=*-7<««^ ACORD 25 (2009/01) INS02S (200901) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. SECTION II - WHO IS AN INSURED is amended to include as an insured any organization or person required to be named as an additional insured pursuant to a written contract or agreement. The insurance provided by this endorsement is subject to the following: a. This insurance does not apply to any person or organization not specifically approved by us as an additional insured. b. Any insurance afforded an additional insured under this endorsement shall not begin before the date that the person or organization is approved by us as an additional insured. c. ,The Limits of Insurance under this insurance, which are listed in the Declarations of this policy, shall not be increased, regardless of the number of additional insureds, or the limits specified in the contract or agreement. d. Any coverage that is not provided under an additional insured's liability insurance policy for your acts, errors, or omissions is also not provided under this insurance. e. With respects to the additional insured, this insurance does not apply to: 1. "Property Damage" to "your product" arising out of it or any part of it. 2. "Property Damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". 3. Liability for "Property Damage" or "Bodily Injury" for acts, errors, omissions of an additional insured. f. If required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis. g. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of :your ongoing operations, or "your work" done under a contract with that additional insured and included in the "products completed operations hazard". All other terms and conditions of this Policy remain unchanged. Endorsement Number: N/A Policy Number: LCPKG0101500 Named Insured: Habitat West, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 09/18/2009 00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with its permission f •**•.. ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (559)650-3555 FAX: (559)650-3558 Insurance Services, inc. 1835 N. Fine Avenue Fresno CA 93727 INSURED Habitat West, Inc. 2067 Wineridge Place, Suite B Escondido CA 92029-1931 DATE (MM/DD/YYYY) 9/18/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Star Insurance Company INSURER B INSURER C: INSURER D: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A MXn.NSRD TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE [ | OCCUR GENT. AGGREGATE LIMIT APPLIES PER:n POLICY n^f n^c AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWMED AUTOS GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EM PLOVERS1 LI ABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE |— ^OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes. describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER TC-0453314 POLICY EFFECTIVEDATE (MM/DD/YYYY) 7/24/2009 POLICY EXPIRATIONDATE (MM/DDfYYYY) 4/1/2010 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN ^ ACC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE X WC STATU- OTH-TORY LIMITS ER El. EACH ACCIDENT El DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $• $ 1,000,000 $ 1,000,000 $ 1,000,000 RE: Lake Calavera Preserve 5 -ACRE Habitat Restoration Project Carlsbad, CA Note a 10-day notice of cancellation will be given for non-payment of premiums or non-reporting of payroll. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRfTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ^- ^ Ashley Long/KSAENZ s^J—i-f-^c,^ — _» ACORD 25 (2009/01) INS025 (200901) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? >c yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Bv: (name of Contractor} /! '^ "3U (sigri here) (print name/title) Page. - pages of this Re Debarment form Revised 05/01/08 Contract No. SS 09-01 Page 26 of 108 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? XI yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1 . or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page / of <3L pages of this Disclosure of Discipline form Revised 05/01/08 Contract No. SS 09-01 Page 27 of 108 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name 0f Contractor) ' Bv: , (print name/title) ^/ Page <=£- of ^ pages of this Disclosure of Discipline form Revised 05/01/08 Contract No. SS 09-01 Page 28 of 108 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 State of California County of ) ss. (Name of Bidder) , being first duly sworn, deposes and says that he or she is of I Wfo) VrT WfloT" . JE (Title) (Name of Firm) 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 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 that the foregoing is true and correct and that this affidavit was executed on the a./ 5+ day of S»« ^ , 20^° . Signature ofBidser Subscribed and sworn to before me on the 3-1 $* day of -S t/», 20<? J . (NOTARY SEAL) D. SUNDQUIST COMMJ 1668900NOTARY PUBLIC-CAUFOTNIA SAN DIEGO COUNTY uv CnwM EXP. JUnc ignature of Notary Revised 05/01/08 Contract No. SS 09-01 Page 29 of 1 08 of Carlsbad Public Works - Contract Administration June 17, 2008 ADDENDUM NO. 1 RE: LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION, BID NO. PWI10-07PLN Please include these addendum pages in the Notice to Bidders/Request for Bids you have for the above project. NOTE: The bid due date has changed. The new date is: September 21, 2009 Time is unchanged (2:00 PM) This page—receipt acknowledged—must be included in your bid when your bid is submitted. :EVIN DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 < 'fb^s^r^c. -&<. /JjJL r*\ •; _i _i J^_ o;—.»_-. 4.,/CL-iBidder s Signat 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 CITY OF CARLSBAD LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION Bid No. PWI10-07PLN Addendum No. 1 From: Barbara Kennedy, Project Manager Phone: 760.602.4626 E-mail: Barbara.kennedy@carlsbadca.gov Fax: 760.602.8559 No. of Pages: 1 (including this page) Date: September 10, 2009 Bid Opening Date: September 21, 2009,2:00 PM (changed) CONTRACT DOCUMENTS General Provisions Page 60. SURVEYING In lieu of a licensed surveyor, a combination of a Global Positioning System (GPS) unit, and Geographic Information System (GIS) technology may be used to determine the boundaries of the restoration area. GPS equipment shall include the ability to deliver subfoot (30 cm) accuracy. Part 4 - Supplemental Technical Specifications Page 13. Diegan Coastal Sage Scrub Restoration Plan The following seeds may be obtained from a commercial source: Scientific Name Common Name Eschscholzia californica California poppy Lasthenia californica Goldfields Lupinus bicolor Miniature lupine Nassella pulchra Purple needlegrass Sisyrinchium bellum Blue-eyed grass Plantago ovate (insularis) Wooly plantain Contract No. SS 09-01 Addendum No. 1 of Carlsbad Public Works - Contract Administration September 17,2009 ADDENDUM NO. 2 RE: LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION BID NO. PWI10-07PLN, CONTRACT NO. SS 09-01 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum—receipt acknowledged—must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's*Signaiyre 1635 Faraday Avenue • Carlsbad, CA 92008-7314 - (76O) 602-4677 • FAX (760) 602-8562 CITY OF CARLSBAD LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION Bid No. PWI10-07PLN Addendum No. 2 From: Barbara Kennedy, Project Manager Phone: 760.602.4626 E-mail: Barbara.kennedy@carlsbadca.gov Fax: 760.602.8559 No. of Pages: 1 (including this page) Date: September 16, 2009 Bid Opening Date: September 21, 2009, 2:00 pm (no change) CONTRACT DOCUMENTS PART 4 Supplemental Technical Provisions - Diegan Coastal Sage Scrub Restoration Plan Delete the last paragraph of Section 5.3.4 on page 18 as follows: After the imprinting/seeding is complete, a one inch to two-inch deep layer of aged mulch shall be placed on the site to help control weeds. No fertilizer of any sort shall be incorporated in the applied mulch. In addition, the applied mulch shall be weed free. Contract No. SS 09-01 Addendum No. 2 CONTRACT PUBLIC WORKS This agreement is made this c^ / day of. by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Habitat West Inc. whose principal place of business is 2067 Wineridge Place Suite B Escondido CA 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 05/01/08 Contract No. SS 09-01 Page 30 of 108 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 05/01/08 Contract No. SS 09-01 Page 31 of 108 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Revised 05/01/08 Contract No. SS 09-01 Page 32 of 108 b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article .1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 05/01/08 Contract No. SS 09-01 Page 33 of 108 (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. Q<U init \^]ff init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Revised 05/01/08 Contract No. SS 09-01 Page 34 of 108 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:CITY OF CARLSBAD a municipal corporation of the StafeTbf California By: (name of Contractor) Jd) J) ^Sr+4-je&** Co £~^ ^tL* jn here) (sign here) LORRAINE M. VpOp, ' rint name and title) $sT rint name and title)/ _j— r/Vfr */ ^ A X \^ President or vice-president and secretary or assistant secretary must sign for corpoVatioWs^V only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 05/01/08 Contract No. SS 09-01 Page 35 of 108 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, Gie o { FvSp SWr"""""" * '*•'•'*" Uara \ne-art Momn nnH "Here Insert Name and Titld of the' Offii >VZXXM icerT Name(s) of Signer(s) OFFICIAL SEAL ERICA STARR =NOTARY PUBLie-CALIFORNIASCOMM. NO. 1790203 - SAN DIEGO COUNTY | MY COMM, EXP. FEB. 27,2012 | who proved to me on the basis of satisfactory evidence to be the person(s) whose name($Jpaye subscribed to the within instrument and acknowledged to me that +=te^^lbey-executed the same in Ns/h^htetrauthorized capacity(ie9)rand that bytrts/KerAhetrtfgnature(9f on the instrument the person(^), or^trTe 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. Place Notary Seal Above WITNESS m Signature. OPTIONAL - and official seal. Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 Bond No. 4376309 Premium: Included in Performance Bond WHEREAS, the Ciiy Council of th» City oi Carlsbad. SU-U* oi' California by Resolution No. _._._._._......._..... • aCiOptOd __ ____„_ - h<3<9 Jivva'dsd to Jd§Mat..VVest,Jnc. LUI IHH (hereinafter designated as the 'Principal"), s Ccntmd for: LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 in the City cf Carlsbad, in strict conformity wth Use drawing;;; and specifications, sncs othe? Contract Documents rvow on fite in l:he Oifice of the City Ctork of the City of CsrisbiSd and ail of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to ex-^-ute sad Contract stxi the term?, thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fa;! to pay for any materials., provisions, provender or other supplies or teams used in., upon or atjout the performance of the work agreed to be done, or for any work or labor done thereon of any *if';d. the Surety on this bond wiil pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, .HabitatWesUncx as Principal, (hereinafter designated as the "Contractor"), and ^I^ec.)a?Mancej3j?inBMi! s& Surety, a<e held firmly bound unto the City of Carlsbad in the sum o; .JjjSYSJJtyJQMJifrt^^ said sum being an amount equai to; One hundred percent (100%) of the total amount payable under the terms of the contract by tne City of Carlsbad, and for which payment well and truly to be made we bind ourselves, ou? heirs, executors and administrators, successors, ar as&igns, ;osnt!y &nd severally, firmly by these presents. THE CONDmON OF THIS CBLIGATSOrsJ IS SUCH that if the Conirador or hsy/her subcontractors fail 1o pay for any materials, provisions, provender, supplies, or teams used la upon. lor. os about the performance of the work contracted to be done, or for any other, work or labor thereon of any Kind, consistent with California Civil Code section 3181, or fo? amounts due yntisir the Unemptoyrnent Insurance Code with respect to the work or iaSor performed under this Contract., or for any sneunts required to be ckxkjckxi, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 ot the Unemployment insurance Code with respect io the work and labor, that the Surety wili pay for ths same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fsxsd by the court consistent with California Civil Code section 3248, Thss bond shall inure to She benefit of any of Ihe persons named in California Civ;i Code section 3181, so as to give a nght of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrses that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed nereunder or the specifications siKoompanying the sartx? shall affect its obligations on this bond, and it does hereby waivs notice of any change, extension c-f time, aerations or addilion to the terms of the contract or to the vwk or to the specifications. COP O in j.h« event that Contractor is an ind;yids.is*.!. it is agreed that in& death of any such Contracts :;h«is not exonerate the Surety from its obilgstiocis under this bond Excelled Dy CONTRACTOR th;$ day of..., „..„. 2D . CONTRACTOR' Habitat West, Inc. xecinfcd by SURETY *ri!«; ....... 15th ............... d r ................. Qctpber. . 20 09 {name oi (Contractor) (^l<;!'( hO'6) J (print naroe here; SureTec Insurance Company {n^rne of Surety} 3033 Fifth Avenue, Suite 300 (addfiMis o1 Surety) ..(619)..40Q:41.00 ............................ itek/i (title and Ofgarii3ratiors or Signatory) uA Maria V. Whitecage ti-te artrofgartotion of signatory) PLEASE SEE ATTACHED NOTARIAL CERTIFICATE (Proper notarial acknowledgment a! execution by CONTRACTOR end SURETY OT.JS? be sftachsd } (President o? vice-ixssident arsd secretary or as?;;srar;t secretary musi sign for r,or portions !( o?;iy one officer signs, the corporation must afcaeh a iesok:t:on cestiflscs by the secretary or ssslstari! seors-tsry under corporsle g that officer to bind th« corporation } APPROVED AS TO FORM: RONALD R.BAU City Attorney Deputy Ciiy Attorney COPY ?<evist-rf 05/5)1 /OS N«. SS 08-01 37 of 106 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego on __nci_i_5-2Q09_!_.Date before me, personally appeared Lilia Robinson, Notary Public Here Insert Name and Title of the Officer Maria V. Whitecage Name(s) of Signer(s) UUA ROBINSON 9 COMM. #1625335 o NOTARY PUBLIC-CALIFORNIA £SAN DIEGO COUNTY 2My Commission Expires tNOVEMBER 2972009 I who proved to me on the basis of satisfactory evidence to be the person($) whose name($0 is/aw subscribed to the within instrument and acknowledged to me that bfe/she/tHey executed the same in hfe/her/IMtt/f authorized capacity(/e^), and that by rWher/iyiW signature(6) on the instrument the person(£), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that thejere^oing^pai^graph is true and correct. WITNESS my hand and Place Notary Seal Above Signature. OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 POA#: 510007 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint James Baldassare, Jr., Lawrence F. McMahon, Audrey Rodriguez, Maria V. Whitecage its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/10 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: lie it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-F8ct to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Faet may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(f of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal w, to be hereto affixed this 28th day of October, A.D, 2008.^ „,.. -" "CE COMPANY State of Texas County of Hanis On this 23h day of October, 2003 before me personally came BJ. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such coiporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle DennyNowyPutdbState of Texas fepfcM AW* 37.2019 Michelle Denny, Notary 1 My commission expires August 27,2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ____ day of QQJ \ 5 2009 20 _ A D~ '_____ M. Brent TBeaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may sail ^713) 312-C308 any business day between 8:00 am and 5:00 pm GST, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On C .V • Date > personally appeared TxlJ before mer ^ Here Insert Name and Title of tie Officer Y\^ft;UA \P^T)\\'C, Name(s) of Signer(s) OFFICIAL SEAL I ERICA STARR J NOTARY PUBLIC-CALIFORNlAi COMM. NO. 1790203 ™ SAN DIEGO COUNTY p MY COMM. EXP. FEB. 27,2012 J who proved to me on the basis of satisfactory evidence to be the person(^ whose name^)Js/gNe subscribed to the within instrument and acknowledged to me that he/sfie3her"executed the same in tos/rferftheif- authorized capacity(ies)r and that by-Ms/Her/;ignature(s}'bn the instrument the person^f, orTRe 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. 1 Place Notary Seal Above WITNESS Signature. OPTIONAL - nd official seal. Signature of Notary Public i A ^ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 o Bond No. 4376309 Premium: $1,757.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price WHEREAS, the City Conned of the City of CsHsbsd, Gt;j;e ol California, by Resolution No. , adopted _. hys awarded to . ('hereinsftsr LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO, SS 09-01 in She City of Carlsbad, in strict sonfornity with the contract the drawings and specifications, and other Contract Documents now on fite in the Office of the City Clerk of th-s City of Cadsbsd s\:- o? which are incorporated herein by this reference WHEREAS. Principal has executed or is about to sxeeute sa;rj Oonr.rad and the terms thereof require the furnishing of a bond for the faithful performance and warranty or said Contn-ct: NOW, THEREFORE, WE, mJjatHtat_West,__lnc. __ ___ 3s Principal (hereinafter designated as the "Caniracter'% and ...JureTecjnsuj^cj.Company. , as Surety, are held, and firmly bound unto the City of Carlsbad, in the sum of mJ?.eventxJMUsaM.T.wpnJHu^^^ III"ILIIIIZZIII"III'II'IIIII"'.IIIII "Dollars (SJQa^fiJJftlll^...™), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, rts successors and assigns; for which payment, wef! and truly to be mads, we bind ourselves, our heirs, executors and administrators, successors c? assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION iS SUCH thai >! ft;*;: above bounder, Contractor, thsir heirs, executors, sdminisfrators, successors or assigns, shai! in all things stand to and absds by, and 'well and truly Keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their psrt. to be kept and performed at ths time and in the -manner therein specified, and in ail respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect As <s part of the obligation secured hereby and in addition to ths face amount specified therefore. there snail be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, aii to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the tsrms of ths Contract, or to the v/crk to be performed there under or the specifications accompanying the same shall affect sts obligations on ibis foor.d. and it does heraby waive notice of any change, extension oi tutte, alterations or addition to )h« t«frrvs of the contract or to th* work ;M to the specifications. KKrfO,^ ConiractNo.SSOe-Oi - f«o»w«iMB^^ ^*?>Se 3B on 08 In the event that Contractor is; an individual: it is agreed that the death of any such: Confradnr ~.M no? exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR, fhis „ day cf ................................................... __, ;>•)_ CONTRACTOR: ..Habjtat W_estjnc._ (name oi' Contractor) Executed by SURETY this 15th day oi' October , 20 09 SURETY: SureTec Insurance Company (son here) (name or bursty] 3033 Fifth Avenue, Suite 300 San Diego, CA 92103 (address of Surety) (619) 400-410£_ (telephone number of Surety) print name here) (Title and Organisation of S-gnatcry} «5f Attomey-in-Fact) Maria V. Whitecage ^ign here) -ati .Uu. (printed name of Attorney-so-Fact; (Attach corporate resolution showing current power of aitorney.) (print nsms PLEASE SEE ATTACHED . CERTIFICATE. (Title and Oxfenization of signatory): (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. !f only une officer signs, the corporation irjus! attach a resolution certsf^xl by She secretary or assistant secretary under corporate seal empowering that officer to bind th« corporation.) APPROVED AS TO FORM- RONALD R. BALL City Attorney By: 21 BEST COPY Contract iMo. S3 09-0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On DOT 1 5 ?nnQ before me, personally appeared Lilia Robinson, Notary Public Here Insert Name and Title of the Officer Maria V. Whitecage Name(s) of Signer(s) LIUA ROBINSON J COMM. #1825335 nNOTARY PUBLIC-CALIFORNIA COSAN DIEGO COUNTY 2 My Commission Expires 8NOVEMBER 2972009 I who proved to me on the basis of satisfactory evidence to be the person(iB) whose name(s') is/#fe subscribed to the within instrument and acknowledged to me that We/she/tWey executed the same in hfe/her/ttoeif authorized capacity^), and that by Wg/her/lW6tf signature(s) 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 foj«gofqg paragraph is true and correct. WITNESS my hand and Place Notary Seal Above Signature. OPTIONAL - I Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual O Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Signer Is Representing:. Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NattonalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 POA#:_510007_ SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint James Baldassare, Jr., Lawrence F. McMahon, Audrey Rodriguez, Maria V. Whitecage its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/10 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: He it Resolved, that the President, any Viee-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with mil power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-itt-Fact may be given Ml power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Faet shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INSpfcWtfCE COMPANY / •" •, • -^' ~~~^cr* / >*"'1^ t—' I- "£*- **"- _ Jr5*1'./ 7*—" fe.wVrv^S ^J.Ki^sP/«sid«State of Texas County of Harris On this 28h day of October, 2008 before me personally came BJ. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows die seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny NottryPubM State of "fexaa Michelle Denny, Notary Pttblic My commission expires August 27,20 S 2 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above asd foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and nirthennore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day ofQCT "US 2009 ^° ' A'D- M, Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above fs totally void and wethout any validity. For verification of the authority of this power you may call ?713) 312-43800 any business day between 8:00 am and 5:00 pm CST. T" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ Date before me, personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) OFFICIAL SEAL ERICA STARR1NOTARY PUBLie-CALIFORNIA^ ' COMM. NO, 1790203 - SAN DIEGO COUNTY • MY COMKi. EXP. FEB. 27,20 2it who proved to me on the basis of satisfactory evidence to be the person(^whose name^Ti^c\re subscribed to the within instrument and acknowledged to me that te/slTefthey~executed the samejn •NeTn^r^hcrr authorized carjgcity(ies)rand that by tw6/fier#)retrsignature(8f on the instrument the personfejf, orTRe entity upon behalf of which the person(^r 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. V,.,., Place Notary Seal Above WITNESS m Signature X. OPTIONAL — .and official seal. Signature of Notary Public Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortti, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 05/01/08 Contract No. SS 09-01 Page 40 of 108 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature. Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 05/01/08 Contract No. SS 09-01 Page 41 of 108 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title City Manager Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature. Address Revised 05/01/08 Contract No. SS 09-01 Page 42 of 108 GENERAL PROVISIONS FOR LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT CONTRACT NO. SS 09-01 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Page 43 of 108 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individgal, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Page 44 of 108 Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including **•*»" documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive ^ Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on '""*"' claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive •>*«,.*• Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. •%*..*• Page 45 of 108 Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Page 46 of 108 Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Page 47 of 108 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene — styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate ARTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CIVIL Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation Page 48 of 108 FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings Page 49 of 108 SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section Page 50 of 108 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Page 51 of 108 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1.6093 kilometer (km) 1 square foot (ft )y 0.0929 square meter (m 1 square yardlyd ) 0.8361 square meter (m 1 cubic foot (ft3), 0.0283 cubjc meter (nT) 1 cubic yard (yd ) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (ml) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8x°C) + 32 °C = (°F-32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Page 52 of 108 Common Metric Prefixes kilo(k) 103 centi(c) 10, milli(m) 10'3 micro (n) 10"^ nano (n) 10" pico(p) 10"12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line Page 53 of 108 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Page 54 of 108 Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Page 55 of 108 The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, including Appendix A, Diegan Coastal Sage Scrub Restoration Plan, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. Page 56 of 108 Any standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 3) Plans. 4) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction, as amended. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. Page 57 of 108 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Page 58 of 108 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater Page 59 of 108 shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are Page 60 of 108 permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. Page 61 of 108 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Clearing Slope Fence Drainage Structures, Pipes & similar Facilities®, © Minor Structure CD Abutment Fill Miscellaneous CD Utilities CD, © Channels, Dikes & Ditches CD Subsurface Drains ® Stake Description ® Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake Centerline or Parallel to Centerline Spacing®, © lath - Intervisible, < 50' on tangents & < 25' on curves. Painted line - continuous Intervisible and <, 50' £ 200' on tangents, < 50' on curves when R£ 1000' & 25' on curves when R< 1000' intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines for catch basins: at Centerline of box, ends of box & wings & at each end of the local depression CD < 50' & along end slopes & conic transitions < 50' on tangents & curves when R> 1000' & <, 25' on curves when R < 1000' or where grade < 0.30% intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities intervisible & <, 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities Lateral Spacing CD, ® at clearing line Grade Breaks S<25' N/A ( constant offset) as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate Setting Tolerance (Within) 1 ' Horizontal 0.1 'Verticals Horizontal 0.1' Horizontal V Horizontal & V Vertical V Horizontal & V Vertical (when vertical data needed) 0.1 'Verticals Horizontal 0/8" Horizontal & '/4" Vertical 0.1' Horizontals 'U" Vertical 0.1' Horizontals '// Vertical CD Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature © Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table CD Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto CD Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) Page 62 of 108 TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. •«•.,„ Page 63 of 108 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Page 64 of 108 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. Page 65 of 108 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. Page 66 of 108 3-3.2.2 Basis for Establishing Costs. '"**"*" (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra ^ work, plus the time required to move it from its previous site and back, or to a closer site. Page 67 of 108 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. Page 68 of 108 The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. Page 69 of 108 The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager Page 70 of 108 The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. Page 71 of 108 (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 1 5 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. Page 72 of 108 _^ (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon '**"*' stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Page 73 of 108 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. ^-^ The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. """"**" The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at jem>^ any time. Such free and safe access shall include means of safe access and egress, ventilation, /^^ "on***' Page 74 of 108 lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform Page 75 of 108 product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months Page 76 of 108 by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may Page 77 of 108 provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Page 78 of 108 SECTION 5 - UTILITIES *' 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Page 79 of 108 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the Page 80 of 108 utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site. Page 81 of 108 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work seven (7) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Page 82 of 108 „»»*, Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information "" contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Page 83 of 108 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. Page 84 of 108 The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. Page 85 of 108 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. Page 86 of 108 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming Page 87 of 108 due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the Page 88 of 108 ^ duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of **"*'"' equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in Table 4 of the Restoration Plan (included as Appendix A of the Contract). The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the habitat restoration work to completion within 40 working days after the starting date specified in the Notice to Proceed or no later than December 30, 2009. The 120-Day Maintenance Period shall begin upon acceptance of the Engineer of the habitat restoration work to completion. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, -»,.- 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. %^ Otherwise, the statement will be deemed to have been accepted. Page 89 of 108 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $ 500.00 Dollars per day. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $ 500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Page 90 of 108 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Page 91 of 108 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, -—«> and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, ^^ the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. """"*' The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix 'B' of these supplemental provisions. Resource agency permits pertaining to this project include: 1) The proposed 5-acre habitat restoration activity is exempt from environmental review pursuant to Section 15333 (Small Habitat Restoration Projects) of CEQA. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. A Notice of Exemption was filed on August 17, 2009. 2) State Water Resources Control Board, Notice of Intent filed August 28, 2009. Page 92 of 108 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Page 93 of 108 Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for Page 94 of 108 requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. A model Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Appendix C, for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included as part of the contract price bid. The Notice of Intent (NOI) and application fee has been filed for the project. The NOI change of information form shall be filed by City of Carlsbad per requirements of the latest NPDES Construction Permit before a Notice to Proceed is issued. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Page 95 of 108 Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Site Access. The site shall remain open to the public during the construction for this project. Vehicular access to the site can be provided through the SDGE easement on the east side of Sky Haven Lane, south of Serena Avenue in Oceanside, CA. Contractor shall be responsible for coordination of any Right-of-Entry Permits with the utility company and for obtaining access to the project site on the SDG&E access road. All equipment and tools shall not be a nuisance or hazard to the general public. The contractor shall be responsible for adding any additional temporary construction fencing, as necessary, to protect the project site from ongoing public use. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. 7-10.3 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. Page 96 of 108 The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." Page 97 of 108 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities for Agency personnel do not apply to this contract. Page 98 of 108 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 1 5 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after Page 99 of 108 it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Page 100 of 108 Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. Tne written statement filed by the Contractor shall be in sufficient detail to enable the Engineer Page 101 of 108 to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Page 102 of 108 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 215-FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Silt fencing shall be installed inside and adjacent to the environmental fence to deter rodents and other animals from entering the restoration areas. Environmental fence shall be constructed of non-toxic, non- conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be metal tee-posts. Galvanizing and painting of steel items will not be required. Concrete footings for metal posts will not be required. Page 103 of 108 SUPPLEMENTAL PROVISIONS ^ TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and ^-^,, grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. .^^ Page 104 of 108 c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. Page 105 of 108 The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Page 106 of 108 Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be "**»** considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and ^^, 4. Routinely, at a minimum of once every week. Page 107 of 108 If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. Page 108 of 108 PART 4 Supplemental Technical Specifications Diegan Coastal Sage Scrub Restoration Plan TransNet EMP Grant Project: Calavera Preserve Planning Area Prepared for: City of Carlsbad Parks and Recreation Department Carlsbad, CA Prepared by: Technology Associates 5930 Priestly Dr. Carlsbad, CA August 24,2009 Table of Contents Contents Page 1.0 INTRODUCTION 3 2.0 PROJECT DESCRIPTION 3 3.0 EXISTING SITE CONDITIONS 6 3.1 SITE CONDITIONS 6 3.2 REFERENCE AREA VEGETATION SAMPLING 6 3.3 SOIL TESTING : 7 4.0 PERSONNEL AND SUPPLIES 7 4.1 RESTORATION ECOLOGIST 7 4.2 LANDSCAPE MAINTENANCE CONTRACTOR 8 4.3 CONTRACT NURSERY/SEED SUPPLY 9 5.0 RESTORATION IMPLEMENTATION 9 5.1 PRECONSTRUCTION MEETING 9 5.2 SITE PREPARATION 10 5.2.1 Fencing and Signs 10 5.2.2 Site Access and Best Management Practices 11 5.2.3 Soil Preparation 11 5.3 INSTALLATION 12 5.3.1 Seed Procurement and Inspection 12 5.3.2 Mycorrhizal Inoculation 14 5.3.3 Imprinting Equipment 14 5.3.4 Imprinting Execution 16 5.3.5 Supplemental Irrigation (Optional) 18 5.4 INSTALLATION SCHEDULE 19 6.0 PROJECT MAINTENANCE AND MONITORING 19 6.1 120-DAY ESTABLISHMENT MONITORING AND MAINTENANCE 19 6.1.1 Weed Abatement 20 6.1.2 Vandalism Control and Trash Removal. 21 6.1.3 Erosion Control 21 6.1.4 Herbivory/Predator Control 21 6.1.5 Completion of 120-day Maintenance 22 6.2 LONG-TERM MONITORING AND MAINTENANCE-SEPARATE CONTRACT 22 6.2.1 Long-term Monitoring 23 6.2.2 Performance Standards 25 6.2.3 Long-Term Maintenance 26 6.2.4 Contingency Measures 27 7.0 REFERENCES 28 APPENDIX A. Results of Soils Analysis for Lake Calavera Preserve APPENDIX B. California Invasive Plant Inventory, High and Moderate Risk Species Restoration Plan: Calavera Preserve Planning Area August 24, 2009 List of Figures Contents Page Figure 1. Regional Location Map 4 Figure 2. Project Site Map 5 List of Tables Contents Page Table 1. Average Cover Model for Coastal Sage Scrub 7 Table 2. Plant Palette for Restoration Project 13 Table 3. Maximum Allowable Bulk Densities after Imprinting 17 Table 4. Recommended Installation Schedule 19 Table 5. Recommended Establishment Monitoring and Maintenance Schedule 20 Table 6. Recommended Long-Term Monitoring and Maintenance Schedule 23 Table 7. Success Criteria 25 Restoration Plan: Calavera Preserve Planning Area ii August 24, 2009 1.0 Introduction This document is a conceptual restoration plan for the Calavera Preserve Planning Area Project, which is funded by a grant from the San Diego Association of Governments (SANDAG) TransNet Environmental Mitigation Program (BMP). The purpose of this project is to provide access control, habitat restoration, and public outreach for the 735- acre Calavera Preserve Planning Area. The planning area is part of Core Area 3 for the City of Carlsbad Habitat Management Plan (HMP), a Subarea Plan for the Multiple Habitat Conservation Program (MHCP). In addition, it contributes to the Natural Communities Conservation Planning (NCCP) preserve system by serving as a regional movement corridor for the federally threatened California gnatcatcher (Polioptila californica californica). 2.0 Project Description The Calavera Preserve Planning Area is located in the northeastern portion of the City of Carlsbad, San Diego County, California (Figure 1). One of the largest blocks of undeveloped natural open space in the City of Carlsbad, this area consists of three preserves: Lake Calavera, which is owned by the City and managed by Center for Natural Lands Management (CNLM), and Calavera Heights Mitigation Parcel and Carlsbad Highlands Ecological Reserve, which are both owned and managed by California Department of Fish and Game (CDFG). In addition, Robertson Ranch/Calavera Hills Preserve, owned and managed by CNLM, abuts on the western boundary, and the Cantarini/Holly Springs Proposed Hardline (a development project that has a pre- negotiated open space boundary, but is not currently conserved) abuts on the southern boundary. In this document, "Project" refers only to the restoration component of the BMP grant project referenced above. The goal this Project is to restore 5 acres of non-native grassland habitat to Diegan coastal sage scrub that is (a) self-sustaining, (b) suitable habitat for the California gnatcatcher, and (3) free of non-native invasive species that could invade adjacent native habitat. The restoration will occur in an area near the northern boundary of Lake Calavera Preserve (Figure 2). The south side of the restoration area is adjacent to existing coastal sage scrub habitat that is known to support the coastal California gnatcatcher (Polioptila californica californica). The north side of the restoration area is adjacent to a 60-foot (recently reduced from 100-feet) fuel modification area that is regularly mowed. Restoration Plan: Calavera Preserve Planning Area August 24, 2009 CITY OF OCEANSIDE Lake Calavera Preserve CITY OF OCEANSIDE . 4 CITY OF VISTA . J!' .0*'&1351^<3 CITY OF SAN MARCOS S.D. •p / COUNTY CITY OF SAN ^MARCOS Regional Location Map # J:\Requests\Planning\4120138 09\Figure1b_8x11.mxd City of Carlsbad Figure 1 Lake Calavera Restoration Project Location Map o J:\Requests\Planning\4120138_09\Figure2_11x8.mxd City of Carlsbad Lake Calavera Restoration Project o Reference Area Sampling Location Preserve Boundary Proposed Restoration Area 70-Foot Fire Buffer Proposed Lake Calavera Trails (N.A.P.): Type A- Hikers/Bicyclists, 10' - 12' Wide Type B - Hikers/Bicyclists, 4' - 8' Wide C - Hikers Only, 2' - 6' Wide Figure 2 3.0 Existing Site Conditions 3.1 Site Conditions Lake Calavera Preserve consists of approximately 262 acres of upland and wetland habitats. A total of eighteen vegetation communities were mapped between 2002 and 2006 (Merkel and Associates 2009). The most common upland communities are Diegan coastal sage scrub (71.3 acres), chaparral (67.8 acres), and non-native grassland (38.7 acres). Dominant wetland habitats include southern willow scrub (22.4 acres), freshwater marsh (9.8 acres), and open water (13.1 acres). In addition, seventeen sensitive species were reported from the Preserve, including at least four pairs of federally threatened coastal California gnatcatcher. Lake Calavera Preserve is surrounded by dense residential development on the west, north, and east sides. The Preserve has a long history of heavy recreational use, which has resulted in a network of unauthorized trails, some of which will be restored. Although not part of the current Project, public outreach and education will be a critical component of the EMP grant project, and will occur concurrently with this Project. 3.2 Reference Area Vegetation Sampling Ecological restoration should consider the natural species composition and ecological conditions that would be extant on the site under natural conditions. To restore the area to coastal sage scrub habitat with a species composition and percent cover that is consistent with surrounding coastal sage scrub habitat, quantitative sampling was conducted along 30-meter transects at 2 locations within the Preserve (Figure 2). Sampling locations were chosen in areas of high quality habitat. Reference area sampling data were then used to generate an average cover model, which identifies the most significant shrub and herbaceous species in the surrounding habitat (Table 1). This information was used to determine the plant palette selection for this Project (Table 2). Sampling was conducted in the summer of 2009 after the opportune detection period - therefore, the list in Table 1 is not comprehensive. Thus, other considerations included assumptions about the climax conditions and age structure of the community, including species size at maturity and survivorship of germinated seed for each species. Introducing annual native species to the seed mix was also considered to increase coastal sage scrub community diversity. Native annual species were not observed during the reference area sampling period because it was conducted during the summer, when most annual species are dormant. To determine appropriate native annual species for this restoration project, reference sampling results and plant palettes for restoration plans developed for Lake Restoration Plan: Calavera Preserve Planning Area August 24, 2009 Calavera and adjacent Robertson Ranch preserves (Planning Systems 2006 a. and 2006 b.) were reviewed as well as the biological technical report and species compendium for the Lake Calavera Trails Project (Merkel & Associates 2009). Because the installation for this project does not use irrigation, the planting specifications include higher quantities and denser placements compared to an irrigated installation to account for anticipated losses. Table 1. Average Cover Model for Coastal Sage Scrub Based on Reference Area Sampling Percent Cover 60% 20% 10% 5% 5% Plant Type Dominant shrubs Sub-dominant shrubs Other shrubs herbaceous species Bare Ground Species (Scientific Name) Artemisia californica Encelia californica, Salvia mellifera, Isocoma menziesi, Baccharis pilularis Adolphia californica, Opuntia littoralis, Mimulus aurantiacus Malosma laurina, Rhus integrifolia, Sambucus mexicana, Hazardia squarrosa, Malacothamnus fasciculatus, Gnaphalium californicum, Nassella sp,. Deinandra fasciculata, Asclepias fascicularis 3.3 Soil Testing Three composite agricultural soil samples were taken in the Project (Figure 2) area and sent to Wallace Laboratory to be analyzed for pH, EC (electrical conductivity, a measure of salt content), physical property, and nutrients. Each composite consisted of three individual samples within a given area. Results of the soil tests were used to determine the appropriate seed mix for the restoration (Appendix A; see also, Section 5.2.3). 4.0 Personnel and Supplies 4.1 Restoration Ecologist Installation, maintenance, and monitoring will be supervised by a qualified Restoration Ecologist, who will have overall responsibility for implementation of this Project, and will oversee the work of the Landscape Maintenance Contractor. The Restoration Ecologist will be responsible for successful implementation of the restoration plan by the implementation team by providing direction, technical expertise, and coordination. The Restoration Ecologist will manage the work of the implementation team. One written Restoration Plan: Calavera Preserve Planning Area 7 August 24, 2009 ^ specification document and one set of plans will be used as the contract documents to complete the restoration. The Restoration Ecologist can be an individual or a group of qualified professionals. The Restoration Ecologist will have the following minimum qualifications: 1. Bachelor degree in biology, ecology, botany, or an acceptable related field such as landscape architecture. 2. 5 years experience with implementing successful upland mitigation projects with an emphasis on coastal sage scrub restoration in southern California. The Restoration Ecologist will provide documentation of at least three successful coastal sage scrub restoration implementation projects that have been successful after a 3-year monitoring period. 3. In accordance with state law, the Restoration Ecologist must hold a valid Pest Control Adviser's license to make specific pest control recommendations. The Restoration Ecologist will oversee and direct the installation at the following stages of progress: • Preconstruction conference • Review of special measures to be taken to protect existing habitats and plants • Staking of proposed limit of disturbance • Ensuring that the contractor does not negatively impact surrounding native habitat during the installation process or during weed control activities • Fencing and signs • Tagging of soil samples • Tagging of weed removal areas • Identification of weeds to be removed • Review of site preparation prior to planting • Weed management • Installation completion review (acceptance starts establishment period) • Completion review at 120 days • Post-implementation, monitoring, and reporting 4.2 Landscape Maintenance Contractor The Landscape Maintenance Contractor (Contractor) will implement the restoration plan. The Contractor will have a valid C-27 Landscape Contracting License from the State of California, a valid Maintenance Gardener Pest Control Business License or Pest Control Business License, and a Qualified Applicator Certificate or Qualified Applicator License, Restoration Plan: Calavera Preserve Planning Area 8 August 24, 2009 with Category B, that will allow them to perform the required work for this project. The Contractor will have specific documented experience with the installation and maintenance of multiple upland restoration projects in southern San Diego County. In addition, the Contractor will have demonstrated experience using the imprinting method for successful native habitat restoration. At least three references must be provided by the Contractor to qualify as a successful bidder for the project. The Contractor's responsibilities will entail site preparation installation, and maintenance services, including weed control, trash removal, fence repair, and reseeding. Planting (imprinting/seed application) will be conducted by the Contractor under the supervision of the Restoration Ecologist. The Contractor will be familiar with native and non-native plant species in the region. A successful project is one that was accepted by the permitting agencies or has fulfilled success criteria after 3 years of post-restoration monitoring. 4.3 Contract Nursery/Seed Supply Restoration is planned to be accomplished through seeding. Seeds will be supplied by a Contract seed supply and/or grower for the upland restoration through an experienced native plant nursery or seed company such as, but not limited to, Tree of Life Nursery, San Juan Capistrano, California; Green Oaks Ranch Nursery, Vista, California; Mockingbird Nursery, Riverside, California; El Native Growers, Azusa, California; Las Pilitas Nursery, Escondido, California, and S&S Seeds, Carpinteria, California. No substitutions will be accepted. 5.0 Restoration Implementation 5.1 Reconstruction Meeting One or more preconstruction meetings will be held with all applicable individuals to establish relative authority and responsibilities, identify sensitive habitat areas, discuss appropriate access, and review methodology for site preparation and installation. The Restoration Ecologist will hold the authority to make field changes that affect the scope of work of the project and to issue stop work orders. A schedule identify ing proposed construction activities, work area boundaries, off-limit areas and activities, and applicable permits will be distributed to all appropriate parties prior to commencing construction. Restoration Plan: Calavera Preserve Planning Area August 24, 2009 5.2 Site Preparation Site and seed bed preparation do not require grading or contouring. However, the site requires fencing, access controls, weed removal and potential erosion control as described in the following sections. See Section 5.3.3 for information about imprinting equipment requirements. 5.2.1 Fencing and Signs The area designated for restoration currently experiences intense recreational use, including hiking, dog walking (often with unleashed dogs), and mountain biking. Because the Lake Calavera Trails Master Plan is not yet approved, the trail system has not been formalized, and informational signage has not been installed to educate the public about restricted uses. As such, hikers, bikers, and/or dogs often go off-trail, which can result in damage to the adjacent habitat. This type of unauthorized use is especially heavy in the vicinity of the restoration area due to dense residential development along the north side of the Preserve. To minimize potential damage to the restoration area from unauthorized use, temporary fencing will be installed around the restoration area prior to site preparation and installation. Sensitive biological areas, such as adjacent native habitat, are deemed as "no construction" areas. "No-construction" zones shall be clearly flagged by the Restoration Ecologist prior to the onset of construction activities. If the Restoration Ecologist deems it necessary, sensitive biological areas shall be surrounded by fencing or other protections to prevent direct or indirect impacts. To help promote a successful restoration, the boundary of the restoration area may be refined in the field from that shown in Figure 2, if recommended by the Restoration Ecologist, based on accessibility, public use patterns, locations of authorized and unauthorized trails, slope or soil type. Prior to fencing, the Restoration Ecologist will stake the restoration area. After the initial planting, protective temporary fencing shall be installed around the restoration area to preclude disturbance. Specifications for fencing are included in the contract. Silt fencing to control erosion and damage by herbivores shall be installed around the entire perimeter of the restoration areas and remain in place until the restoration project is complete. The silt fencing shall be regularly maintained to ensure that it remains effective. Torn or broken fencing shall be replaced routinely. Restoration Plan: Calavera Preserve Planning Area 10 August 24, 2009 In addition, temporary signs will be installed at various locations around the restoration site to identify the area as a sensitive habitat restoration site, and to describe recreational use restrictions in the area. The restoration area shall be posted by the restoration contractor with a sign that indicates the area is not to be entered and that vegetation is being established. The sign shall contain a contact telephone number and name of the restoration contractor. 5.2.2 Site Access and Best Management Practices Heavy equipment and construction activities shall be limited to the existing developed and disturbed areas to the degree feasible as determined by the Restoration Ecologist. Vehicles shall be required to remain within the construction corridor, unless otherwise noted on the drawings. All vehicles shall use existing access roads/fire breaks. If the site contains trash or debris, the Maintenance Contractor will remove all trash and debris accumulated within the project boundaries and dispose of the collected debris in an appropriate location off-site. Best Management Practices (BMP) should be applied throughout the restoration project to prevent erosion and siltation of any adjacent wetlands or waterways, if deemed necessary by the Restoration Ecologist. BMP measures could include, but are not limited to, the installation of silt fencing, coir rolls (for example installed in a V-shape with the tip of the V pointing uphill), fiber mats, etc. 5.2.3 Soil Preparation No chemical fertilizers or other growth enhancing products should be added to the restoration planting to avoid compromising the beneficial effects of natural soil organisms and mycorhizal fungi. However, if the Restoration Ecologist determines that the extant soils are unsuitable to ecological restoration based on the results of the soils analysis or other site characteristics, recommendations will be provided for natural soil amendments suitable for native habitat restoration, such as mulch and organic fertilizers. Results of the soils analysis included in Appendix A can be used to make this determination, or the Restoration Ecologist can take new samples, and have them analyzed at a qualified laboratory. Agricultural-grade gypsum shall be a calcium sulfate (CaSC>4 H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than Restoration Plan: Calavera Preserve Planning Area 11 August 24, 2009 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. The site will be decompacted by cross-ripping to a depth of six to twelve inches. At this time, the recommended soil amendments will be added, if necessary. Mycorrhizal fungi inoculation shall occur during installation, as described below. If necessary, erosion control measures, such as silt fencing, will be installed to ensure that the restoration area is not damaged by erosion or siltation during the rainy season. If deemed necessary by the Restoration Ecologist, weed control will be conducted by the Contractor, using methods recommended by the Restoration Ecologist. 5.2.4 Pre-Planting Weed Eradication Prior to restoration implementation, manual weed control shall be conducted by the Contractor. All actively growing non-native vegetation shall be removed prior to the onset of seeds, removing the entire root system, seeds, and seed heads. An acceptable method of weed removal would be to water and germinate the plants of concern, and then remove them before they set seed. Irrigation of weedy areas for several weeks prior to weed eradication will encourage germination of weed seeds in the soil. However, if sufficient winter rains have encouraged the growth of weedy species, irrigation may not be necessary. Herbicide can also be used to eradicate weeds if deemed necessary and approved by the Restoration Ecologist. If this method is chosen, all herbicide use shall be restricted to the restoration area and not enter the nearby sensitive areas. See Section 6.1.1 for herbicide specifications. Pre-emergents are prohibited and shall not be used. 5.3 Installation Coastal sage scrub habitat is naturally drought adapted and thrives on small amounts of precipitation during the whiter months. Therefore, this restoration project has been designed to use rainfall to establish coastal sage scrub habitat. As such, an irrigation system will not be installed, unless recommended by the Restoration Ecologist and approved by the City (to be contracted separately). Prior to seedbed preparation, the Restoration Ecologist shall ensure that the appropriate seed mix has been collected by the Contract Grower. 5.3.1 Seed Procurement and Inspection The seed mix will be contract-ordered and prepared using the plant palette in Table 2. All seed shall originate in the vicinity of coastal North San Diego County (target area). Seed materials will be purchased from a qualified vendor specializing in native seeds (for Restoration Plan: Calavera Preserve Planning Area 12 August 24,2009 example S&S Seeds or equivalent) and experienced in the collection and preparation of native seed material for native habitat restoration/revegetation. If seed is not readily available from a reputable supplier (see Section 4.3), it must be collected within the target area (within a 30 mile radius from the project site). Table 2. Plant Palette for Restoration Project Scientific Name Artemisia californica Encelia californica Eriogonum fasciculatum Eriophyllum confertiflorum Eschscholzia californica Gnaphalium californicum Hazardia squarrosa Isocoma menziesii Lotus scoparius Lasthenia californica Lupinus bicolor Malacothamnus fasciculatus Mimulus aurantiacus Nassella pulchra Salvia mellifera Sisyrinchium helium Plantago ovata (insularis) Common Name California sagebrush California encelia California buckwheat Golden yarrow California poppy California everlasting Saw- toothed goldenbush Coast goldenbush Deerweed Goldfields Miniature lupine Bush mallow Coast monkeyflower Purple needlegrass Black sage Blue-eyed grass Wooly plantain Percent Purity 15 40 5 30 98 10 15 30 90 98 98 15 2 70 70 95 98 Percent Germination 50 60 60 60 80 25 20 30 60 85 80 60 55 60 50 75 75 Seed Qty Ibs/acre 6 4 3 0.5 3 1 2 4 1.5 2 3 1 3 1 1 1 6 All seed shall be labeled according to state and federal laws, and be delivered to the Project site in sealed containers. The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume. Each sealed container shall include original seed supplier's tags indicating the container weight, seed type (genus and species), source, collection date, percent purity of the seed, percent seed germination, and date the seed was tested. If not guaranteed by the supplier, at time of delivery, samples must be drawn from each seed mix by the Restoration Ecologist and tested to ensure compliance with the seed specifications. The seed supplier shall certify, in writing, the location and date of seed collection. Seed types shall be as specified in Table 2, and shall be applied at the rates indicated. No fertilizer of any sort shall be applied during seed application, applied in the planting holes or backfill, or applied as topdressing. Organic materials or other amendments may be used as needed to improve soil drainage and aeration. Restoration Plan: Calavera Preserve Planning Area August 24, 2009 13 **""'' 5.3.2 Mycorrhizal Inoculation Mycorrhizal is a symbiotic association between a fungus and the roots of a plant. Vesicular-arbuscular mycorrhizal is the form of endotrophic mycorrhiza that will be used to inoculate the site. In this form, the fungus lives between the cells of the cortex and forms temporary hyphal projections that penetrate the cortical cells. Plants that commonly develop such associations cannot grow normally without the appropriate fungus. As a rule, mycorrhizal infection enhances plant growth by increasing nutrient uptake via increases in the absorbing surface area, by mobilizing sparingly available nutrient sources, or by excretion of chelating compounds or ectoenzymes. Mycorrhizal infection may also protect roots from soil pathogens, thereby increasing root growth and nutrient acquisition of the host root. The imprinting seed mix (coastal sage scrub only) will be supplied with a mycorrhizal inoculation prepared by the seed supplier. Commercially available (EndoNet™ or equivalent) granular arbuscular mycorrhiza inoculum will be incorporated into the seed mixture prior to application 5.3.3 Imprinting Equipment To ensure successful germination, imprinting methodology will be used. Land imprinting is the formation by mechanical means of smooth-walled V-shaped furrows in the soil surface. It shapes the soil, creating small depressions which concentrate water, seed, litter, and other resources and prevent seeds being washed out by rainfall. Seeds are pressed into the soil, promoting capillary contact and improving germination, and mycorrhizal inoculum is injected into the root zone. This method has been shown to be more successful than hydroseeding in establishing native species in arid climates, such as southern California, when irrigation is not used. The imprinter should either be a tractor-drawn or winch-pulled implement with angular teeth welded to a steel roller. The imprinter differs dramatically from conventional method of tillage such as plowing, discing, cultivating or drill-seeding in that it does not turn over the soil and entails minimal disruption of the surface litter. It is equipped with machinery for dispensing seed and other materials, and chambers to accommodate ballast. The ballast is adjusted to produce optimum imprints in a range of soil conditions. Imprinting should be conducted following the specification below. Restoration Plan: Calavera Preserve Planning Area 14 August 24, 2009 Characteristics of Imprinting Teeth • The height of the imprinting teeth shall be at least four inches. • Imprinting teeth shall be V-shaped in transverse section, and may be rectangular or triangular in longitudinal section. • Any imprinter used on a slope greater than 4:1 shall have teeth ten inches or less in length, with a gap of two inches or more between the end of one segment and the beginning of the next. If the imprinting teeth are longer than ten inches, the machine shall be operated at all times with the long dimension in a horizontal orientation to the slope. • The crest-to-crest spacing between teeth shall be less than two feet. One foot is often optimum for land restoration. • The apical angle of the triangular cross section of the imprinting teeth shall be ninety degrees or less, with acute teeth preferred for the steepest slopes. • Any imprinter use on a slope greater than 2:1 shall have a "saw tooth" pattern, in which the apex of the tooth is offset, giving a long and a short side to each tooth. The angle between front and rear faces of the imprinting teeth shall be 60 degrees or less. The imprinter shall be operated so that the long face of the impression lies upslope of the short face. Weight Per Unit Area on Teeth • The static pressure on the soil surface is measured by dividing the total weight of the imprinter, including any ballast, by the total area of tooth contact when the teeth have penetrated halfway into the soil. • The static pressure on the soil surface shall be at least 12 pounds per square inch and less than 48 pounds per square inch. The lower weights are for softer soils and the higher weights for harder or drier soils. • No more pressure shall be used than that required to obtain a full-tooth imprint. Maximum Length of Roller • No individual roller shall be more than eight feet in length, except in the case of level, rock-free land that will not cause a long roller to leave unimprinted areas. • More than one roller may be attached to a single imprinting device as long as each roller swivels independently over surface obstructions. In this case, the combined rollers may be any practical width. Restoration Plan: Calavera Preserve Planning Area 15 August 24, 2009 5.3.4 Imprinting Execution Desired Soil Conditions • The soil may be imprinted when dry if it is soft enough to allow penetration of the imprinting teeth to their full depth, and firm enough to permit the formation of smooth-walled, firm impressions. • If the dry soil does not allow formation of quality impressions, it shall not be imprinted until rainfall or irrigation leaves it in a suitable condition. • Soil that is too hard to accept a pattern that conforms to performance specifications, with a properly weighted imprinter, may be ripped before imprinting. Adjustment of the imprinter ballast is preferred over ripping where feasible. • Clay soil shall not be imprinted while it is so wet that substantial quantities of it stick to the roller. Form of Impressions • Impressions shall be of V-shaped cross section and ten inches or less in length if used on a slope exceeding 4:1. • A pyramidal shape 'is acceptable as long as the apical angles between all faces are ninety degrees or less. • The imprinting pattern shall provide a raised soil ridge that prevents continuous movement of drainage water between impressions. • At least 70 percent of the soil surface shall bear impressions, apart from any peripheral turn-around area and areas rendered unbeatable by rocks or other natural features. • At least 70 percent of the impressions shall reach 90 percent of the full tooth depth. • At least 70 percent of the impressions shall have smooth and firm soil over at least 70 percent of their surface area. Compaction of Finished Impressions • Bulk density is defined as the oven-dry weight of soil per unit of original field volume, and shall be calculated per standard soil testing methods. • No portion of the imprinted soil profile shall exceed the bulk density indicated for the soil type in Table 3. Restoration Plan: Calavera Preserve Planning Area 16 August 24,2009 Table 3. Maximum Allowable Bulk Densities after Imprinting Soil Loamy Sand Sandy Loam Loam Silt Loam Clay Loam Clay Maximum Bulk Density (Mg/m3) 1.75 1.65 1.55 1.45 1.45 1.40 Vegetation Cover • The imprinting operation shall be carried out on bare earth or on land that has only a minimal vegetative cover, except as specified below. • If the amount and nature of vegetative cover is sufficient to interfere with soil contact and the formation of quality impressions, such vegetation shall be removed prior to imprinting by burning, raking, or other suitable means. • Interfering vegetation may be cut or chopped into fragments of eight inches or less if the depth of accumulated material is small enough to allow the formation of quality impressions. Operating Procedures • The imprinter shall be pulled at a speed low enough to ensure that the full weight of the roller bears upon the soil at all times. • If the impressions are longer than ten inches, the long dimension of each imprint shall lie parallel to the contour of the slope. • If imprint length is ten inches or less, the imprinter may be used in any orientation to the slope. Proximity to Edges of Seeded Area The imprinting pattern shall extend fully to the boundaries of the project area. The area at the project boundary may serve as a turn-around area and normally will be imprinted by a final pass along the project perimeter. If conditions do not permit imprinting the perimeter, a turn-around area within the project need not be fully imprinted. Any unimprinted turn-around area on the project boundary shall be no wider than the smallest turning radius allowed by the equipment./***% Restoration Plan: Calavera Preserve Planning Area August 24, 2009 17 Seed Distribution • Seed dispensed by the imprinting device shall be in firm contact with the soil. • The seed bin shall contain no residual seed from previous uses. • Wheat bran or approval substitute shall be mixed with seed to appropriate dilution ratio to prevent seed segregation. The optimum mixing radio is usually 1:1 by volume. • Planting shall take place before germination of the seeds introduced by imprinting unless approved by the Restoration Ecologist. • The planting crew shall step in the impressions rather than the ridges to preserve the imprinting pattern. • No irrigation, weeding, or other maintenance activity shall be allowed to damage or modify the imprinting pattern. After the imprinting/seeding is complete, a one-inch to two-inch deep layer of aged mulch shall be placed on the site to help control weeds. No fertilizer of any sort shall be incorporated in the applied mulch. In addition, the applied mulch shall be weed free. 5.3.5 Supplemental Irrigation (Optional) The goal for this coastal sage scrub restoration effort is to obtain growth with the least amount of irrigation. Frequent irrigation encourages weed invasions and leaches nutrients from the soil. Native plantings that are infrequently irrigated may grow slower initially, but will become established with minimal distortions in the root-to-shoot ratio and with less competition from weeds. If necessary as determined by initial post-establishment monitoring, irrigation by water truck shall be supplied for plant establishment. Irrigation volume shall be determined by the Restoration Ecologist and may be based upon weather conditions (no irrigation should be supplied from July through September). However, deep irrigation should always be favored over short periods of shallow irrigation. The Contractor shall ensure that sufficient water for plant establishment be supplied to the restoration area. Following the plant establishment period, the Project Ecologist shall be responsible for directing the frequency and duration of irrigation applied to the site as needed. Restoration Plan: Calavera Preserve Planning Area 18 August 24, 2009 5.4 Installation Schedule Implementation of the planting must occur during the winter months (November through February) to take advantage of lower temperatures, lower albedo effect, and precipitation. Installation of this restoration plan is expected to occur as soon as site conditions are appropriate, and after all applicable approvals have been secured. Currently, the anticipated start date is November 1, 2009. The entire installation is expected to be completed within four weeks after starting (Table 4). The Restoration Ecologist will certify, in writing, that the restoration installation has been completed. If requested, the Restoration Ecologist will meet with the City on site to review the installation. Table 4. Recommended Installation Schedule Sequence 1 2 3 4 5 6 7 Activity Seed procurement/collection Boundary delineation (staking) and site protection (erosion control) Installation of fencing and signage Weed removal Soil decompaction (cross-ripping) Seed imprinting, mycorrhizal inoculation Supplemental irrigation (if needed) Target Date 2 months prior to installation Prior to November 2009 Prior to November 2009 Prior to November 2009 Immediately prior to seeding November 2009 As needed 6.0 Project Maintenance and Monitoring 6.1 120-Day Establishment Monitoring and Maintenance Post-installation maintenance and monitoring insures that the installation contractor establishes a successful restoration project prior to the onset of the long-term monitoring period. Post-installation maintenance shall be performed by the Contractor for 120 days upon installation acceptance or until specified success standards have been met to the satisfaction of the City. Acceptance of the project prior and after the 120 day establishment period will be provided by the City. The 120-day establishment period completes the installation phase and commences the long-term monitoring and maintenance phase. Installation monitoring and maintenance shall begin as soon as installation is complete, and continue for 120 days. During this time, the Restoration Ecologist shall evaluate establishment failures and determine the appropriate remedial actions. Restoration Plan: Calavera Preserve Planning Area August 24, 2009 19 The target schedule for the establishment monitoring and maintenance is described in Table 5: Table 5. Recommended Establishment Monitoring and Maintenance Schedule Sequence 1 2 3 4 5 6 7 Activity Start of 120-day establishment period Monitoring for signs of problems Remediation activities Re-seed, if necessary Supplemental irrigation, if necessary Complete As-Built plans Final acceptance of installation (bond release) Target Date When installation is complete Weekly As needed Prior to February 2010 As needed, prior to June, 2010 At completion of installation 120 days after installation Maintenance activities, to be conducted by the Contractor, will include the following: 6.1.1 Weed Abatement Control of invasive species will be a critical maintenance activity. Weed control shall be performed weekly during the establishment period. All personnel involved with weed abatement must be trained to identify native and non-native plant species. All "high" and "moderate" risk species, as identified in the California Invasive Plant Council (Cal-IPC) invasive plant inventory (Appendix B) shall be targeted for immediate removal. The Restoration Ecologist shall approve of all weed control methods (e.g., hand pulling, spot treatment by herbicide, mass treatment by herbicide, or mechanical methods) prior to implementation by the Contractor. All pesticides and herbicides shall only be applied by an on-site licensed pest-control contractor, and used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Pre- emergent herbicide shall not be used. Weed abatement activities will be consistent with the following guidelines: • High risk non-native exotic species shall have 0% cover. • Other invasive species shall not account for more than 10% vegetation cover. • Weeds shall not be allowed to set seed over an area of % acre (cumulative total of one or more areas) or more at any time during the contract period. • Weeds shall be removed before reaching six inches in height or prior to flowering, whichever comes first. • Once removed, weed biomass shall be collected and removed from the site and disposed of in a legal manner. Restoration Plan: Calavera Preserve Planning Area August 24, 2009 20 • If used, herbicides will be applied in a manner that does not result in overspray into adjacent native habitat areas. 6.1.2 Vandalism Control and Trash Removal Vandalism of the planted area, fences, or signs, must be reported by the Contractor to the Restoration Ecologist within three working days of discovery. Trash removal and repair of fences and signs will be conducted by the Contractor as needed, and just prior to the end of the 120-day maintenance obligation. All trash and debris will be removed from the site and disposed of in a legal manner. 6.1.3 Erosion Control The Contractor shall repair all erosion-related problems immediately upon discovery, and report the problems to the Restoration Ecologist. The Contractor and Restoration Ecologist shall inspect the site to determine the cause of the problem, and the Contractor shall install erosion control measures as directed by the Restoration Ecologist. Erosion control may include the installation of Best Management Practices (BMP), such as the installation of fiber coirs, silt fencing, Bio-Fiber Matrix (BFM), silt traps, and filling and securing of erosion gullies. All erosion control materials must be free of invasive species seeds. After the area is repaired, re-seeding of the area will be conducted if deemed necessary by the Restoration Ecologist. The above specified seed mixes and unit metrics shall be used to determine quantities. 6.1.4 Herbivory/Predator Control The Contractor shall look for signs of herbivory on a regular basis. If signs of herbivory are found, the problem shall be remediated immediately using methods to be determined by the Restoration Ecologist. Remedial actions may include installing and maintaining herbivory cages; installation of fine-mesh flashing along the bottom 36 inches of fences; burying fences to a depth of 12-18 inches; maintaining and repairing fences. Material for a typical herbivory cage should consist of one-inch mesh poultry wire supported by two wood stakes. Caging for each plant shall form a circle around the plant, extending at least three inches into the soil, and one foot above the plant tip to allow sufficient height for at least two years of growth. The upper edges of the cage shall be folded over each other creating an "envelope" around the plant. The removal of the cages shall be determined by the Restoration Ecologist. If necessary, predator control will be evaluated by the Restoration Ecologist on a case-by- case basis and shall be restricted to methods recommended by the Restoration Ecologist, including rodent control, ant control, and animal trapping and translocation. Restoration Plan: Calavera Preserve Planning Area 21 August 24, 2009 •-,.' 6.1.5 Completion of 120-day Maintenance At the end of the 120-day establishment period, the Contractor and Restoration Ecologist will conduct a walk-through to determine if the restoration has been successful. Success criteria include (a) uniform germination of native species throughout the site; (b) 0% cover of invasive species identified as high risk [Appendix B], (b) no more than 10% cover of all other non-native invasive plant species, (c) trash and debris removed from the site, and (d) no sign of problems with erosion or vandalism). If it has been determined that success criteria have not been met, the Restoration Ecologist will provide a written description of necessary remedial action to the City and the Contractor. If the establishment failure is determined to be the fault of the Contractor, all labor and materials associated with remedial actions, including re-seeding, shall be the responsibility of the Contractor. The method of re-seeding will be determined by the Restoration Ecologist. Once 120-day performance standards have been met, the Restoration Ecologist will conduct a final walk-through with the City, and provide a final report. At the completion of the establishment monitoring period, as-built maps will be prepared showing the location of the restoration areas. As-built maps will be of the same scale as the original plan to facilitate data presentation. These maps will serve as base maps for the long-term monitoring and maintenance efforts. 6.2 Long-Term Monitoring and Maintenance - Separate Contract Long-term monitoring and maintenance will be contracted separately from the installation and 120-day maintenance period. A primary measure of success for restoration is the ability of a revegetated native plant community to be self-supporting (the ability to sustain itself with natural water and nutrient sources) and self-maintaining (the ability to successfully reproduce). This plan is intended to meet the following objectives • To attain a community of CSS that is biologically diverse and consistent with the existing natural system. • To attain a plant community of CSS that is self-supporting and self-maintaining at the end of five years. Long-term maintenance and monitoring shall begin on the day following completion (sign-off) of the 120-day establishment period, and continue for a total of five years as described below and summarized in Table 6. During the first three years, this activity will •»«*«,«•' Restoration Plan: Calavera Preserve Planning Area 22 August 24, 2009 be conducted by a Contractor and Restoration Ecologist. During the last two years, this activity will be conducted by volunteers coordinated by the City and HMP Preserve Steward. Table 6. Recommended Long-Term Monitoring and Maintenance Schedule Sequence Activity Target Date First 3 years maintenance and monitoring 1 2 3 4 5 5 6 7 8 Start of long term monitoring program Quarterly qualitative monitoring Monthly qualitative monitoring Quantitative monitoring Weed abatement Annual restoration monitoring reports submitted Remedial activities End of 3-year monitoring period - final walk through Final 3-year report submitted Final 2 years maintenance and monitoring 9 10 11 12 Qualitative monitoring Quantitative monitoring Weed abatement and other remedial activities Monitoring reports to be submitted by Preserve Steward End of 3-year monitoring period - final walk through Final 3-year report submitted by Preserve Steward At completion of 120-day maintenance period Sept, Dec, March 2010 -201 3 March thru June 201 1 - 2013 May 2010 -2013 As needed August 2010 -201 2 As needed June 20 13 September 20 13 ' . March thru June 2014-2015 June 2014 -2015 As needed August 2014 -2015 June 201 5 September 20 15 6.2.1 Long-term Monitoring Long-term monitoring will include qualitative and quantitative data collection to measure the long-term success of the restoration project. For the first three years, the monitoring will be conducted by the Restoration Ecologist, who will also inform the Maintenance Contactor of any remedial measures necessary to ensure restoration success. During the final two years, the monitoring will be conducted by volunteers coordinated by the City. Qualitative Monitoring (Horticultural Monitoring) After the establishment period has been completed, during each year of the long-term monitoring period, the restoration site will be monitored monthly from March through June of each year (years 1-5) and quarterly for the remainder of the year (years 1 - 3). Qualitative surveys will consist of a general site walk-through and a characterization of the restoration planting. General observations, such as health of planted and seeded species, signs of over/under watering, and drought stress will be noted. Restoration plantings will be examined to visually estimate percentage of cover, species mortality, species composition, seedling recruitment, and soil, weed, and pest problems. Special Restoration Plan: Calavera Preserve Planning Area August 24, 2009 23 attention and observations of host plant populations, life cycle stages, duration of life cycle, and seed production will be noted during these visits. Maintenance needs will be recorded and submitted to the Restoration Ecologist for appropriate action subsequent to each survey during years 1-3, and to the Preserve Steward during years 4 and 5. The Restoration Ecologist will also advise the Maintenance Contractor if supplemental irrigation for the purpose of plant establishment is necessary during the first monitoring year (excluding summer months). If necessary, the Restoration Ecologist and Maintenance Contractor will devise a temporary irrigation strategy that will not harm or disturb any natural vegetation communities. Quantitative Monitoring (Botanical Monitoring) To augment qualitative survey data, more precise data will be collected and analyzed by the Restoration Ecologist during years 1 - 3 to document and evaluate the progress of the restoration program toward meeting habitat goals and performance standards. Transect data will be collected from all treatment areas. At least two control transects will be selected in adjacent naturally functioning habitats of similar vegetation community structure as the restoration site. Control site data will be compared to the Treatment Area for analysis purposes and to maintain compatibility between data sets. Permanent transect locations will be established during the first quantitative monitoring period, marked in the field, and recorded on maps. To allow for initial seedling establishment and minimize damage to establishing seedlings, the baseline quantitative data collection will be performed in July 2010; subsequent sampling events will occur annually in May of each following year. The actual timing may be adjusted by the Restoration Ecologist based on climate conditions. Quantitative monitoring should follow the specifications below, or equivalent, as determined by the Restoration Ecologist. • Transects will be laid out parallel to one another at 20m spacing. Data collection stations will consist of 1 square-meter quadrats, and will be established every 10m along each transect beginning at 0-lm, 10-11m, 20-21m, etc., and ending at 100- 101m, or at the last whole-meter interval within the restoration site if shorter than 100m. The following data will be collected at each data station along these transects: • Vegetation cover will be determined using a Im-long pin frame with intercept points (1m quadrat with decimeter wire divisions to make a grid) taken at each 1dm point to determine percent cover and species frequency. Restoration Plan: Calavera Preserve Planning Area 24 August 24, 2009 • Photo-documentation points will be established at each transect. Each transect will be photographed annually in the spring from the same vantage point to document the progress of mitigation over the three-year monitoring period. Photo-documentation will be included in all status reports. These sampling stations will be surveyed in the spring of each year (at the peak of annual growth) to determine germination and transplant success, species mortality, pest problems, percentage of cover, and species composition. Consistent sampling techniques will be used throughout the monitoring process (including years 4 and 5) to maintain accuracy and comparative analysis. 6.2.2 Performance Standards Performance standards are critical to attain measurable restoration success, as identified above. The survival criteria for all CSS vegetation shall be 60 percent plant cover at the end of three years following restoration, and 80% at the end of five years. The success criteria described in Table 7 will determine if the restoration meets the required performance standards. Table 7. Success Criteria Assessment Period Success Criteria Monitoring/Maintenance to be Conducted by Maintenance Contractor and Restoration Ecologist 120-day establishment period Uniform germination of native species throughout the site; 0% cover of high risk invasive species; No more than 10% cover of all other non-native invasive species; No sign of trash or debris on site; No sign of erosion on site; and No signs of vandalism on fences, signs, or restoration area. Yearl Native perennial species cover at least 30%; Species richness of at least 10 native species; 0% cover of high risk invasive species; No more than 10% cover of moderate risk invasive species; and No more than 30% cover of other non-native species. Year 2 Native perennial species cover at least 45%; Species richness of at least 10 native species; 0% cover of high risk invasive species; No more than 5% cover of moderate risk invasive species; and No more than 15% cover of other non-native species. YearS Native perennial species cover at least 60%; Species richness of at least 10 native species; Evidence of native species recruitment; Cover of high to moderate risk invasive species 0%; and No more than 5% cover of other non-native species. Restoration Plan: Calavera Preserve Planning Area August 24, 2009 25 Assessment Period Success Criteria Monitoring/Maintenance to be Conducted by Volunteers and Preserve Steward Year 4 YearS Native perennial species cover at least 70%; Species richness of at least 10 native species; Evidence of native species recruitment; Cover of high to moderate risk invasive species 0%; No more than 5% cover of other non-native species. Native perennial species cover at least 80%; Species richness of at least 10 native species; Evidence of native species recruitment; Cover of high to moderate risk invasive species 0%; No more than 5% cover of other non-native species. and and These performance standards will be evaluated annually as described in this section. Successful habitat restoration should not be dependent upon human intervention by the end of the monitoring period. During the first three years, performance standards must be attained within Treatment Areas at the end of each of the three years following planting. A replanting program, including supplemental irrigation, will be initiated within the restoration site, if the Restoration Ecologist determines that plant mortality, erosion problems, or seed germination progress are unacceptable. Should the Restoration Ecologist determine that part of the restoration site has failed to meet annual performance standards, the Restoration Ecologist will recommend corrective measures to be implemented immediately. During years 4 and 5, performance standards will be evaluated by the Preserve Steward. If it is determined that the success criteria have not been met for a given year, the Preserve Steward will meet with the City to discuss possible remedial actions. 6.2.3 Long-Term Maintenance Long-term maintenance activities will generally be the same as those described in Sections 6.1.1 through 6.1.4 above. Maintenance activities will occur as needed based on the results of regular maintenance monitoring visits conducted by the Contractor and Restoration Ecologist (and by volunteers and the Preserve Steward during years 4 and 5), as described in Section 6.2.1. Weed abatement shall be accomplished by the Maintenance Contractor. Workers shall be closely supervised if they are not familiar with native coastal sage scrub plant species. Weed abatement shall be performed on a weekly basis for six months and then bi- or tri- monthly, or as determined necessary by the Restoration Ecologist, for the remainder of the maintenance/monitoring period. Weed abatement conducted by volunteers during — Restoration Plan: Calavera Preserve Planning Area 26 August 24, 2009 years 4 and 5 will be closely supervised by the Preserve Steward or other qualified' ' biologist to ensure that native species are not removed or damaged. All weed removal conducted by volunteers will be done by hand. If the Preserve Steward determines that the use of herbicide is necessary, a recommendation will be made to the City. 6.2.4 Contingency Measures Upon receipt of each annual monitoring report, if the City determines that the restoration effort is not meeting success criteria, the Restoration Ecologist and Contractor will be notified in writing. The Restoration Ecologist and Contractor will then have 30 days to respond, challenge, or confirm the determination that remedial work must be done. Potential remediation measures may include extending the monitoring/maintenance period, installing erosion control measures, repairing fencing, weed abatement activities, or re-seeding. Plantings that fail to become established shall be replaced in-kind or with similar materials. Any re-seeding on site should be conducted between November and February to take maximum advantage of the winter rainy season. If rainfall is insufficient to fully establish the native plants, the Restoration Ecologist, Contractor, and City will discuss the possibility of applying temporary irrigation using water trucks or other cost- effective method. The restoration site must be irrigation-free for two growing seasons prior to successful completion of the long-term monitoring period. 6.2.5 Reporting and Project Completion Annual monitoring reports will be prepared by the Restoration Ecologist and submitted to the City by August 31 pf each year. Annual reports will include qualitative and quantitative monitoring results, photographs taken at photo-documentation stations, comparison of results with success standards, and recommended remedial measures. At the end of Year 3, a report will be submitted by the Restoration Ecologist evaluating the performance of the restoration effort and whether all of the performance criteria of the restoration plan have been met. If not, additional maintenance and/or replanting will be prescribed and implemented. At the end of three years, if success criteria have been met as determined by the Restoration Ecologist, the Restoration Ecologist and the City will meet at the site for a final walk-through, and a final report will be submitted to the City. If success criteria have not been met, the maintenance and monitoring period may be extended. During years 4 and 5, annual reports will be prepared by the Preserve Steward and submitted to the City by August 31 of each year. The type of information contained in the reports will be similar to that from years 1 through 3. A final report will then be Restoration Plan: Calavera Preserve Planning Area 27 August 24, 2009 submitted at the end of five years. If the success criteria have not been met at the end of five years, the Preserve Steward will work with the City to determine appropriate remedial measures. 7.0 References Merkel and Associates. 2009. Lake Calavera Trails, City of Carlsbad. Biological Resources Report. General Biological Survey, Jurisdictional Wetland Delineation, and Focused Surveys. Prepared for the City of Carlsbad, June 8, 2005. Revised May 14, 2007. Planning Systems, 2006 a. Robertson Ranch, Extensive Upland Habitat Restoration (Coastal Sage Scrub - "Area B") and Modest Habitat Re-introduction ("Area C" and "Future CSS Re-introduction) Program. Prepared for Robertson Family Trust, October 26, 2006. . 2006 b. Habitat Revegetation, Maintenance, and Monitoring Program. Calavera Dam Remedial Improvements Project, Carlsbad, California. Prepared for City of Carlsbad, October 26, 2006. Restoration Plan: Calavera Preserve Planning Area 28 August 24, 2009 Appendix A Results of Soils Analysis For Lake Calavera Preserve WALLACE LABORATORIES, LLC 365 Coral Circle El Segundo, CA 90245 phone (310) 615-0116 fax (310) 640-6863 August 17, 2009 Fax 619/295-4953 Markus Spiegelberg, mspiegelberg@cnlm.org Center for Natural Lands Management 4367 Coronado Avenue San Diego, CA 92107 RE: Lake Calavera, Carlsbad Dear Markus, These samples are acidic. The pH values range from 5.66 to 6.28. Acidity increases the concentrations of some nutrients such as manganese and iron. California native plants which are adapted to alkaline soils may not tolerate acidic soil. Aluminum also increases in acidic soil and may limit the growth of plants not adapted to acidic soils. Soluble calcium helps to reduce aluminum toxicity. However, soluble calcium is low. Boron and sulfur are low. Salinity is low. Mineralization of soil organic matter releases nutrients such as boron and sulfur. LCI 6-10", Westside by fire break Phosphorus is modest. Nitrogen is moderate. Potassium, iron and manganese are well supplied. Aluminum is moderate. Sodium is moderate. LC2 6-10", central area Phosphorus is low. Potassium is modest. Zinc is low. LC3 5-8", Far East location The pH is 6.28. Phosphorus and zinc are low. Magnesium is high. High magnesium limits the uptake of potassium. Recommendations General soil preparation on a square foot basis Broadcast the following materials uniformly. The rates are per 1,000 square feet. Incorporate them homogeneously 6 inches deep: Calcium nitrate (15.5-0-0) - 6 pounds for LC2 and LC3 Potassium sulfate (0-0-50) - 8 pounds for LC2 Triple superphosphate (0-45-0) - 3 pounds for LC2 and LC3 agricultural gypsum - 10 pounds for all ground limestone - 30 pounds if a pH of 6.5 or so is needed for LCI and LC2 Organic soil amendment - 3 cubic yards where needed, soil organic matter should be about 3% on a dry weight basis Soil Analyses Plant Analyses Water Analyses Center for Natural Lands Management, August 17, 2009, page 2 For the preparation on a volume basis, homogeneously blend the following materials into the soil. Rates are expressed per cubic yard: Ammonium sulfate (21-0-0) - 1/4 pound for LC2 and LC3 Potassium sulfate (0-0-50) - 1/4 pound for LC2 Triple superphosphate (0-45-0) - 1/4 pound for LC2 and LC3 agricultural gypsum - 1/2 pound for all ground limestone - 1.5 pounds if a pH of 6.5 or so is needed for LCI and LC2 Organic soil amendment - 15% by volume, soil organic matter should be about 3% on a dry weight basis Organic soil amendment: 1. Humus material shall have an acid-soluble ash content of no less than 6% and no more than 20%. Organic matter content shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6 and 7.5. 3. The salt content shall be less than 10 millimho/cm @ 25° C. on a saturated paste extract. 4. Boron content of the saturated extract shall be less than 1.0 parts per million. 5. Silicon content (acid-insoluble ash) shall be less than 50%. 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on red wood or cedar. 9. Sludge-based materials are not acceptable. 10. Carbon:nitrogen ratio is less than 25:1. 11. The compost shall be aerobic without malodorous presence of decomposition products. 12. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen for soil amending. Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 20 copper 150 selenium 50 cadmium 15 lead 200 silver 10 chromium 300 mercury 10 vanadium 500 cobalt 50 molybdenum 20 zinc 300 nickel 100 Soil Analyses Plant Analyses Water Analyses Center for Natural Lands Management, August 17, 2009, page 3 For site maintenance, apply calcium nitrate (15.5-0-0) at 6 pounds per 1,000 square feet about once per quarter depending on the desired rate of growth. Monitor the site with periodic soil testing. Apply boron, gypsum or other nutrients as needed. Some species are intolerant of high magnesium. Sincerely, Garn A. Wallace, Ph. D. GAW:n Soil Analyses Plant Analyses Water Analyses WALLACE LABS 365 Coral Circle El Segundo, CA 90245 (310) 615-0116 ammonium bicarbonate/D extractable - mg/kg soil Interpretation of data low medium high 0-7 8-15 over 15 0-60 60-120 121-180 0-4 4-10 over 10 0- 0.5 0.6- 1 over 1 0-1 1-1.5 over 1.5 0-0.2 0.3-0.5 over 0.5 0-0.2 0.2-0.5 overl SOILS REPORT Location Requester graphic interpretation: * very low, TPA Sample ID Number elements phosphorus potassium iron manganese zinc copper boron ratio of calcium to magnesium calcium needs to be more than 2 or 3 magnesium should be less than potassium sodium sulfur molybdenum nickel The following trace elements may be toxic The degree of toxicity depends upon the pH of the soil, soil texture, organic matter, and the concentrations of the individual elements as well as to their interactions The pH optimum depends upon soil organic matter and clay content- for clay and loam soils: under 5.2 is too acidic 6.5 to 7 is ideal over 8.0 is too alkaline The ECe is a measure of the soil salinity: 1-2 affects a few plants 2-4 affects some plants, > 4 affects many plants. problems over 150 ppm good 20 - 30 ppm toxic over 800 toxic over 1 for many plants aluminum arsenic barium cadmium chromium cobalt lead lithium mercury selenium silver strontium tin vanadium Saturation Extract pH value ECe (milli- mho/cm) calcium magnesium sodium potassium cation sum chloride nitrate as N phosphorus as P sulfate as S anion sum boron as B increasing problems start at 3 SAR est. gypsum requirement-lbs./lOOO sq. ft. relative infiltration rate estimated soil texture lime (calcium carbonate) organic matter moisture content of soil half saturation percentage Print Date August 14, 2009 Receive Date 8/14/09 Lake Calavera, Carlsbad Markus Spiegelberg, Center for Natural Lands Management ** low, *** moderate * * * * high, ***** very high 09-226-06 LCI 6-10" graphic 9.58 *** 152.36 **** 60.39 ***** 12.43 ***** 1.38 *** 0.64 **** 0.05 * ' 372.81 *** 90.38 *** 58.02 ** 6.06 * 0.01 ** 0.21 * 1.01 *** 0.10 * 0.78 * 0.02 * 0.07 * 0.12 * 1.00 * 0.19 * nd * nd * nd * 2.13 * nd * 0.21 * 5.66 ** 0.56 ** millieq/1 10.5 0.5 4.8 0.4 79.3 3.4 25.5 0.7 5.0 62 1.8 17 1.2 0.6 0.0 7.9 0.5 3.5 0.10 * 5.1 *** 10 fair/good sandy loam no fair/low hydrophobic 0.5% 16.4% 09-226-07 LC26-10" graphic 7.19 ** 67.17 *** 44 49 ***** 7.68 **** 0.46 * 1.75 **** 0.02 * 363.54 *** 89.72 *** 27.27 * 3.58 * 0.03 *** 0.22 * 0.81 ** 0.20 * 1.13 * 0.02 * 0.06 * 0.06 * 1.37 ** 0.18 * nd * nd * nd * 2.09 * nd * 0.23 * 5.86 ** 0.18 * millieq/1 5.0 0.3 2.0 0.2 28.9 1.3 5.6 0.1 1.8 2 0.1 2 0.1 0.6 0.0 4.7 0.3 0.5 0.14 * 2.8 ** 5 slow/fair sandy loam no fair/low 0.6% 14.1% 09-226-08 LC3 5-8" graphic 3.38 ** 139.85 **** 8.02 *** 19.57 ***** 0.52 ** 1.22 **** 0.06 * 355.06 *** 407.59 ***** 94.65 ** 5.28 * 0.01 ** 0.40 * nd * 0.15 * 1.29 * 0.03 * 0.04 * 0.15 * 1.09 ** 0.20 * nd * nd * nd * 1.07 * nd * 0.32 * 6.28 *** 0.34 * millieq/1 16.7 0.8 5.3 0.4 48.2 2.1 4.5 0.1 3.5 9 0.3 3 0.2 0.5 0.0 8.0 0.5 1.0 0.12 * 2.6 ** 68 slow loam no low/fair 4.3% 19.1% Elements are expressed as mg/kg dry soil or mg/l for saturation extract. pH and ECe are measured in a saturation paste extract, nd means not detected. Analytical data determined on soil fraction passing a 2 mm sieve. Appendix B California Invasive Plant Inventory High and Moderate Risk Species CALIFORNIA ° Invasive Plant INVENTORY Published by the California Invasive Plant Council Cal-IPC February 2006 APPENDIX 1. Species Listed by Category + = Alert High Aegilops triuncialis (barb goatgrass) 41 Alternanthera philoxeroides (alligatorweed) Ammophila arenaria (European beachgrass) Arundo donax (giant reed) Brassica tournefortii (Saharan mustard, African mustard) Bromus madrtiensis ssp. rubens (=B. rubens) (red brome) Bromus tectorum (downy brome, cheatgrass) Carpobrotus edulis (Hottentot-fig, iceplant) Centaurea maculosa (= C. bibersteinii) (spotted knapweed) Centaurea solstitialis (yellow starthistle) Cortaderia jubata (jubatagrass) Cortaderia selloana (pampasgrass) Cytisus scoparius (Scotch broom) Delairea odorata (-Senecio mikanioides) (Cape-ivy, German-ivy) Egeria densa (Brazilian egeria) Ehrharta calycina (purple veldtgrass) + Eichhornia crassipes (water hyacinth) ^ Euphorbia esula (leafy spurge) Foeniculum vulgare (fennel) Genista monspessulana (French broom) Hedera helix, H. canariensis (English ivy, Algerian ivy) ^ Hydrilla verticillata (hydrilla) Lepidium latifolium (perennial pepperweed, tall whitetop) ^ Ludwigia hexapetala (=L. uruguayensis) (Uruguay water-primrose) Ludwigia peploides ssp. montevidensis (creeping water-primrose) Lythrum sahcaria (purple loosestrife) ^ MyriophyUum aquaticum (parrotfeather) Myriophyllum spicatum (Eurasian watermilfoil) Onopordum acanthium (Scotch thistle) 24 I CALIFORNIA INVASIVE PLANT INVENTORY Rubus armeniacus (=R. discolor) (Himalaya blackberry, Armenian blackberry) + Sahnnia molesta (giant salvinia) ^ Sesbania punicea (red sesbania, scarlet wisteria) 4 Spartina alterniflora hybrids (smooth cordgrass, Atlantic cordgrass) + Spartina densiflora (dense-flowered cordgrass) Spartium junceum (Spanish broom) Taeniatlierum caput-medusae (medusahead) Tamarix parviflora (smallflower tamarisk) Tamarix ramosissima (saltcedar, tamarisk) Ulex europaeus (gorse) Moderate Ageratina adenophora (croftonweed, eupatorium) Ailanthus ahissima (tree-of-heaven) Alhagi maurorum (=A. pseudalhagi) (camelthorn) Anthoxanthum odoratum (sweet vernalgrass) + Arctotheca calendula (fertile) (fertile capeweed) Arctotheca calendula (sterile) (sterile capeweed) 4 Asparagus asparagoides (bridal creeper, smilax asparagus) + Asphodelus fistulosus (onionweed) Atriplex semibaccata (Australian saltbush) Avena barbata (slender wild oat) Avenafatua (wild oat) ^ Brachypodium sylvaticum (perennial false-brome) Brassica nigra (black mustard) Bromus diandrus (ripgut brome) + Cardaria chalepensis (=C. draba ssp. chalepensis) (lens-podded whitetop) Cardaria draba (hoary cress) Carduus nutans (musk thistle) Carduus pycnocephalus (Italian thistle) Carpobrotus chilensis (sea-fig, iceplant) 4 Carthamus lanatus (woolly distaff thistle) APPENDIX 1: Species Listed by Category (continued) Moderate (continued) Centaurea calcitrapa (purple starthistle) + Centaurea debeauxii (=C. xpratensis) (meadow knapweed) Centaurea mehtensis (Malta starthistle, tocalote) Centaurea virgata ssp. squanosa (=C. squarrosa) (squarrose knapweed) Chondrilla juncea (rush skeletonweed) Chrysanthemum coronarium (crown daisy) Cirsram arvense (Canada thistle) Cirsium vulgare (bull thistle) Conium maculatum (poison-hemlock) Cotoneaster franchetii (orange cotoneaster) Cotoneaster lacteus (Parney's cotoneaster) Cotoneaster pannosus (silverleaf cotoneaster) Cynara carduncuhis (artichoke thistle) Cynodon dactylon (bermudagrass) Cynoglossum officinale (houndstongue) Cynosurus echinatus (hedgehog dogtailgrass) Cytisus striatus (Portuguese broom, striated broom) Dipsacus fullonum (wild teasel) Dipsacus sativus (fuller's teasel) + Dittrichia graveolens (stinkwort) Ehrharta erecta (erect veldtgrass) + Ehrharta longiflora (long-flowered veldtgrass) Elaeagnus angustifolia (Russian-olive) + Emex spinosa (spiny emex, devil's thorn) Erechtites glomerata, E. minima (Australian fireweed, Australian burnweed) Eucalyptus globulus (Tasmanian blue gum) ^ Euphorbia terracina (carnation spurge) Festuca arundinacea (tall fescue) Ficus carica (edible fig) Geranium dissectum (cutleaf geranium) Glyceria declinata (waxy mannagrass) Halogeton glomeratus (halogeton) Hirschfeldia incana (shortpod mustard, summer mustard) Holcus lanatus (common velvetgrass) Hordeum marinum, H. murinum (Mediterranean barley, hare barley, wall barley) Hypericum canariense (Canary Island hypericum) Hypericum perforatum (common St. Johnswort, klamathweed) Hypochaeris radicata (rough catsear, hairy dandelion) Ilex aquifolium (English holly) /satis tinctoria (dyer's woad) Kochia scoparia (kochia) Leucanthemum vulgare (oxeye daisy) Linaria genistifolia ssp. dalmatica (=L. dalmatica) (Dalmation toadflax) Lolium multiflorum (Italian ryegrass) Lythrum hyssopifolium (hyssop loosestrife) Mentha pulegium (pennyroyal) Mesembryanthemum crystaUinum (crystalline iceplant) Myoporum laetum (myoporum) Nicotiana glauca (tree tobacco) Oxalis pes-caprae (buttercup oxalis, yellow oxalis, Bermuda buttercup) Pennisetum setaceum (crimson fountaingrass) Phalaris aquatica (hardinggrass) Polygonum cuspidatum (-Fallopia japonica) (Japanese knotweed) Polygonum sachalinense (Sakhalin knotweed, giant knotweed) Potamogeton crispus (curlyleaf pondweed) Retama monosperma (bridal broom) Rumex acetosella (red sorrel, sheep sorrel) Sapium sebiferum (Chinese tallowtree) Sisymbrium irio (London rocket) Spartina anglica (common cordgrass) Stipa capensis (Mediterranean steppegrass, twisted-awned speargrass) Tanacetum vulgare (common tansy) Torilis arvensis (hedgeparsley) Trifolium hirtum (rose clover) Vinca major (big periwinkle) Vulpia myuros (rattail fescue) Washingtonia robusta (Mexican fan palm, Washington palm) CALIFORNIA INVASIVE PLANT INVENTORY 25 APPENDIX A Diegan Coastal Sage Scrub Restoration Plan Figure 2 APPENDIX B Resource Agency Permits l-ILt WHY Y-J-7'07 NOTICE OF EXEMPTION __ To: SD County Clerk From: CITY OF CARLSBAD Attn: Linda Kesina Planning Department Mail Stop A-33 1635 Faraday Avenue 1600 Pacific Highway Carlsbad CA 92008 San Diego CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title; SS 09-01 - CALAVERA PRESERVE AREA ACCESS CONTROL AND HABITAT RESTORATION PROJECT .. Project Location - Specific; North of future Gannon Road. East of College Boulevard, and south and west of the City of Oceanside city limits. . Project Location - City; Carlsbad Project Location - County: San Diego Description of Project; 5-acres of upland habitat restoration and fencing for access control on portions of the Lake Calavera Preserve Area. Name of Public Agency Approving Project; City of Carlsbad , Name of Person or Agency Carrying Out Project; Liz Ketabian. City of Carlsbad Parks and Recreation Department _ Name of Applicant; Liz Ketabian. Trails Manager _ Applicant's Address; 799 Pine Avenue Carlsbad. CA 92008 _ Applicant's Telephone Number: 760.434.2978 _ , _ Exempt Status: (Check One) D Ministerial (Section 21080(b)(l); 15268); D Declared Emergency (Section 2 1 080(b)(3); 1 5269(a)); D Emergency Project (Section 2 1 080(b)(4); 1 5269 (b)(c)); £3 Categorical Exemption - State type and section number: Section 15308 - Actions bv Regulatory Agencies for Protection of the Environment and Section 15333 - Small Habitat Restoration Projects (not to exceed 5 acres'). _ _ Statutory Exemptions - State code number: Reasons why project is exempt: The proposed management activities (fencing, signs, public outreach and education) are consistent with the City's approved Preserve management Plan. Habitat management Plan, and Open Space management Plan. These regulatory documents have been approved bv State and Federal wildlife agencies. Therefore, these activities constitute actions bv a regulatory agency for the protection of the environment and are categorically exempt from further review pursuant to Section 15308 of State CEOA Guidelines. The proposed 5-acre habitat restoration activity is also exempt from environmental review pursuant to Section 15333 (Small Habitat Restoration Projects) of CEQA. In making this determination, the Planning Director has found that the exceptions listed in Section 1 5300.2 of the State CEQA Guidelines do not aly to this roject. _ • _ , _ Agency Contact Person; Barbara Kennedy _ Telephone: (760) 602-4626 DON NEU, Planning Director Date Date received for filing at OPR: Revised November 2005 VENDOR NO. V001844 CITY OF CARLSBAD 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2430 CHECK NO. 193451 Invoice Date 8/10/09 Invoice # 075446 PurchaseOrder 1 Department Reference # 0013210 7555 ' Project * v Description --' - --"•.>' COUNTY FILING FEES Total : Invoice Amount P»ld 50.00 50.00 DETACH BEFORE DEPOSITING 08/14/09'^° W01S44-"lf!&% 602-2430? $ ********SQ WELtS FARGO BANK 1t-24 1210(8) PAY FIFTY Dollars and ZERO Cents TO THE ORDER OF SAN DIEGO COUNTY CLERK ATTN: LINDA KESINA, MAIL STOP'A-33 1600 PACIFIC COAST HWY SAN DIEGO, CA 92101 Attachment 2 State Water Resources Control Board NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY (WQ ORDER No. 99-08-DWQ) . NO! STATUS (SEE INSTRUCTIONS) MARK ONLY ONE ITEM 1. E% New Construction 2. D Change of Information for WDID* I. PROPERTY OWNER Name CARLSBAD MUNICIPAL WATER DISTRICT Mailing Address 5950 El Camino Real City Carlsbad Contact Person MARK STONE Title Deputy Public Works Director State Zip CA 92010 Phone (760)438-2722 II. DEVELOPER/CONTRACTOR INFORMATION Developer/Contractor CITY OF CARLSBAD PARKS & RECREATION DEPT. Mailing Address 799 Pine Avenue City Carlsbad Contact Person LIZ KETABIAN Title Parks Planner State CA Zip 92008 Phone (760) 434-2978 V. CONSTRUCTION PROJECT INFORMATION Site/Project Name LAKE CALAVERA PRESERVE 5-ACRE HABITAT RESTORATION PROJECT Physical Address/Location Southeast of the intersection of Sky Haven Ln and Serena Av City (or nearest City) Carlsbad A. Total size of construction site area: 5 Acres B. Total area to be disturbed: 5. Acres (% of total 100%) Site Contact Person ROSANNE HUMPHREY, PRESERVE STEWARD Latitude Longitude 33.1757° -117.2799° County San Diego County Zip Site Phone Number 92010 (858)300-2346 C. Percent of site imperviousness (including rooftops): Before Construction: 0 % After Construction: 0 % F. Is the construction site part of a larger common plan of development or sale? d YES $ NO H. Construction commencement date: 11/1/09 i. % of site to be mass graded: 1 00% of the site area will be decompacted and cross-ripped prior to imprinting the habitat restoration area. D. Tract Numbert. Map 823 Ra E. Mile Post Mark Emergency Phone Number (760)602-4600 s): Por. of Lot D ncho Agua Hedionda er N/A G. Name of plan or development: Calavera Preserve J. Projected construction dates: Complete gradng: 12/1/09 Complete project 4/1/09 K. Type of Construction (Check all that apply): 1. D Residential 2. C] Commercial 3. CH Industrial 4. Q Reconstruction 6. L I utility Description: 7. LA Other (Please List): Habitat 5. CD Transportation Restoration V. BILLING INFORMATION SEND BILL TO: D OWNER (as in II. above) U DEVELOPER (as in III. above) 5? OTHER (enter information at right) Name Planning Department Mailing Address 1635 Faraday Avenue City Carlsbad Contact Person Barbara Kennedy Phone/Fax (760) 602-4626 State CA Zip 92008 1. REGULATORY STATUS A. Has a local agency approved a required erosion/sediment control plan? ............................................................................................................................. "— ' YES W NO Does the erosion/sediment control plan address construction activities such as infrastructure and structures? .................................................................. I— I YES LX NO Name of local agency: - ; - Phone: -( - ) - - - B. Is this project or any part thereof, subject to conditions imposed under a CWA Section 404 permit of 401 Water Quality Certification? .............................. '— ' YES ^-X NO If yes, provide details: 'II. RECEIVING WATER INFORMATION A. Does the storm water runoff from the construction site discharge to (Check all that apply): 1 . D Indirectly to waters of the U.S. 2. D Storm drain system - Enter owner's name: _ 3. LA Directly to waters of U.S. (e.g., river, lake, creek, stream, bay, ocean, etc.) B. Name of receiving water: (river, lake, creek, stream, bay, ocean): Lake Calavera 'III. IMPLEMENTATION OF NPDES PERMIT REQUIREMENTS A. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) (check one) CD A SWPPP has been prepared for this facility and is available for review: Date Prepared: / / Date Amended: Gt A SWPPP will be prepared and ready for review by (enter date): 10/15/09 I—I A tentative schedule has been included in the SWPPP for activities such as grading, street construction, home construction, etc. B. MONITORING PROGRAM | | A monitoring and maintenance schedule has been developed that includes inspection of the construction BMPs before anticipated storm events and after actual storm events and is available for review. If checked above: A qualified person has been assigned responsibility for pre-storm and post-storm BMP inspections to identify effectiveness and necessary repairs or design changes l~l YES I I NO Name: Phone: C. PERMIT COMPLIANCE RESPONSIBILITY A qualified person has been assigned responsibility to ensure full compliance with the Permit, and to implement all elements of the Storm Water Pollution Prevention Plan including: 1. Preparing an annual compliance evaluation W YES LJ NO Name: Shawnetta Grandberry, Senior Construction Inspector Phone: (760) 602-2780 2. Eliminating all unauthorized discharges 53 YES LJ NO X. VICINITY MAP AND FEE (must show site location in relation to nearest named streets, intersections, etc.) Have you included a vicinity map with this submittal? i El YES LJ NO Have you included payment of the annual fee with this submittal? LJ YES ^A NO <. CERTIFICATIONS "I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. In addition, I certify that the provisions of the permit, including the development and implementation of a Storm Water Pollution Prevention Plan and a Monitoring Program Plan will be complied with." Printed Name: LlZ Ketabiatl Signature: _^^_^^___^^^_____^____^^^^___^____,_^^_____^_____^_____ Date: ntie: Parks Planner Project Area Adjacent Preserves: [ ~] Hardline - Future Managed Preserve Area IB Hardline - Preserve Actively Managed ( J Softline Preserve Area Regional (Location <Map Lake Caiavera Mitigation Parcel 263 Acres Ownership: City of Carlsbad Management: CNLM CITYOFOCEANSIDECaiavera Heights Mitigation Parcel 107 Acres Ownership: CDFG Management: CDFG Carlsbad Highlands Ecological Reserve -"""365 Acres' Ownership-^CDFG rMariagement:Ncbr-G obertsprt Ranch/ (Salavera.Hills Preserve 'Cantarini/ Holly Springs Proposed Hardline J:\Requests\Planning\4140704_09 Figure 1 City of Carlsbad Caiavera Preserve Planning Area Location Map APPENDIX C Model Storm Water Pollution Prevention Plan SECTION 02372 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SECTION INCLUDES A. Preparation, implementation and monitoring of Storm Water Pollution Prevention Plan (SWPPP) for the purpose of preventing the discharge of pollutants from the Project site into receiving waters. This includes the elimination of pollution discharges such as improper dumping, spills or leakage from storage tanks or transfer areas. B. Compliance with local, state, and federal regulations. C. Payment of application and annual fees required by the State Water Resources Control Board (SWRCB) until the date of Substantial Completion. D. Certification that the Project has met all of the conditions of the General Construction Activity Storm Water Permit (GCASP). 1.2 RELATED SECTIONS A. GENERAL PROVISIONS Section 2-5.3: Submittals B. GENERAL PROVISIONS Section 8: Facilities for Agency Personnel C. GENERAL PROVISIONS Section 9: Measurement and Payment PART 2 - PRODUCTS 2.1 MATERIALS A. Utilize California Stormwater Quality Association Stormwater Best Management Practice Handbook for Construction ("Handbook"). Download template from www.cabmphandbooks.com. B. the quality, grade, and type of materials as specified in the City of Carlsbad Engineering Standards, Volume 1 - General Design Standards, Chapter 7 - Grading and Erosion Control Standards and Volume 4 - Storm Water Best Management Practices (BMPs). These documents can be located at www.carlsbadca.gov/engineering/4engstd.html. PART 3 - EXECUTION 3.1 QUALITY ASSURANCE A. Comply with the following as a minimum requirement: 1 . City of Carlsbad Engineering Standards, Volume 1 - General Design Standards, Chapter 7 - Grading and Erosion Control Standards and Volume 4 - Storm Water Best Management Practices (BMPs) in accordance with Order no. R9- 01/1 9/06 Contract No. xxx STORM WATER POLLUTION PREVENTION CARLSBAD MASTER SPECIFICATIONS 02372-1 2007-0001 Standard Urban Storm Water Mitigation Plan (SUSMP) and General Provisions Section 7-8.6. 3.2 PREPARATION AND SUBMITTAL A. Prepare and submit to the OWNER, within fourteen (14) days after the Effective Date of the Contract, four (4) copies of the Storm Water Pollution Prevention Plan (SWPPP) as required complying with storm water pollution regulations for the Project site. B. Prepare Notice of Intent application. Submit application and application fee made payable to: State Water Resources Control Board. Instructions for completing the application can be found on the State Water Resources Control Board web site. http://www.swrcb.ca.gov/stormwtr/gen const.htmlffconst permit OR B. The City will prepare and submit the Notice of Intent application to the State Water Resources Control Board. The contractor shall provide all necessary information of the Notice of Intent before the City will issue a notice to proceed. Information required for completing the application can be found on the State Water Resources Control Board web site. http://www.swrcb.ca.gov/stormwtr/gen const.html#const permit C. Prepare SWPPP by downloading instructions from the State Water Resources Control Board web site: http://www.swrcb.ca.gov/stormwtr/gen const.html#const permit Download template from www. cabmphandbooks. com. D. Where land disturbance is less than one (1) acre, a SWPPP is not required; however, any BMP's indicated in the City of Carlsbad Engineering Standards required to prevent or minimize storm water pollution shall be implemented at no cost to OWNER. 3.3 IMPLEMENTATION A. Install perimeter controls prior to starting Work at the Project site. B. Contain on-site storm water on the Project site. Do not drain on-site water directly into the storm drain. C. Designate trained personnel for the proper implementation of the SWPPP. D. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution 01/19/06 Contract No. xxx STORM WATER POLLUTION PREVENTION CARLSBAD MASTER SPECIFICATIONS 02372-2 effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. E. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. F. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. G. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook". H. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. I. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. J. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. K. Upon Substantial Completion: 1. Leave storm water pollution prevention controls in place when required for post- construction storm water management and remove those that are not needed as determined by OWNER. OWNER will maintain prevention controls left in place. 2. Provide Site Monitoring Reports, SWPPP revisions, Compliance Certifications and related documents to OWNER. Post-construction storm water operation and 01 /19/Oe> Contract No. xxx STORM WATER POLLUTION PREVENTION CARLSBAD MASTER SPECIFICATIONS 02372-3 the management plan as mentioned in the compliance certifications are considered to be in place at Final Completion. 3.4 MAINTENANCE AND MONITORING A. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. B. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. C. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures as required by the requirements of City of Carlsbad SUSMP as per Order no. R9-2007-0001. Examinations shall be conducted as a minimum as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site. 3. At 24 hour intervals during extended precipitation events. 4. Routinely, at a minimum of once every week. D. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. E. The Contractor shall notify to RWQCB within 30 days if there is any noncompliance. 3.6 LIABILITIES AND PENALTIES A. Review of the SWPPP and inspection log by OWNER shall not relive CONTRACTOR from liabilities arising from non-compliance of storm water pollution regulations. B. Payment of penalties for non-compliance by CONTRACTOR shall be the sole responsibility of CONTRACTOR. C. Compliance with the Clean Water Act pertaining is the sole responsibility of CONTRACTOR. Any fine against OWNER due to non-compliance by CONTRACTOR, OWNER shall recover all costs of the fine by appropriate assessment. 3.6 CHANGE OF INFORMATION 01/19/06 Contract No. xxx STORM WATER POLLUTION PREVENTION CARLSBAD MASTER SPECIFICATIONS 02372-4 A. Submit to OWNER completed NOI Form for change of information (Construction Site Information and Material Handling/Management Practices). 3.7 ATTACHMENTS A. Attachment A - Compliance Certification. B. Attachment B - Site Monitoring Report. 01/19/06 Contract No. xxx STORM WATER POLLUTION PREVENTION CARLSBAD MASTER SPECIFICATIONS 02372-5 OWNER Project Number ATTACHMENT "A" GENERAL CONSTRUCTION ACTIVITY STORM WATER PERMIT COMPLIANCE STATE OF CALIFORNIA STATE WATER BOARD WDID NO. Name of Project: Project Description:Contract Number ANNUAL CERTIFICATION I certify the Project has met the following conditions: All elements of the Storm Water Pollution Prevention Plan are in place; construction materials and equipment maintenance waste have been disposed of properly; and the Project site is in compliance with all local storm water management requirements including erosion/sediment control requirements, and the appropriate use permits have been obtained. CONTRACTOR: Print Name: Signature: Title: Date: FINAL COMPLETION CERTIFICATION I certify the Project has been completed and the following conditions have been met: All elements of the Storm Water Pollution Prevention Plan have been completed; construction materials and equipment maintenance waste have been disposed of properly; the Project site is in compliance with all local storm water management requirements including erosion/sediment control requirements and the appropriate use permits have been obtained; and a post- construction storm water operation, and management plan is in place. CONTRACTOR: Print Name: Signature: Title: Date: 01/19/06 CARLSBAD MASTER SPECIFICATIONS Contract No. xxx STORM WATER POLLUTION PREVENTION 02372-6 OWNER Project Number ATTACHMENT "A" STORM WATER POLLUTION PREVENTION SITE MONITORING REPORT STATE OF CALIFORNIA STATE WATER BOARD WDID NO. o Name of Project: Project Description:Contract Number I. Type of Examination: (Use one form for each type of examination): n Prior to Anticipated Storm Event Q After Actual Storm Event d Monthly Event Date Examined: II. Check the response for each SWPPP question below: 1. 2. 3. 4. 5. 6. NO YES Do you have an approved Storm Water Pollution Prevention Plan (SWPPP) and a BMP Handbook on the Project site? Does your SWPPP incorporate an up-to-date erosion control plan? Is the erosion control installed per plan? Is the Work at a stage where the erosion control plan cannot be constructed, is the erosion control at the Maximum Extent Practicable for the stage you are in? Did you observe the presence of any floating materials such as oil, grease, pieces of wood, paper, etc., odor, toxics, and/or sediments? If yes, what is that you observed? D D D Check the status of the following items as observed: D D D D SWPPP Items Acceptable Not Acceptable Repairs Required Date Repairs Completed 1 . De-silting Basins (Cleaned) 2. Water Quality Basin 3. Silt Fences 4. Hay bales/Check dams/Sandbags 5. Berms and Dikes 6. Sand/Gravel Inlet D D D D D D D D D D 01/19/06 CARLSBAD MASTER SPECIFICATIONS Contract No. xxx STORM WATER POLLUTION PREVENTION 02372-7