HomeMy WebLinkAboutRoy E Ladd Inc; 1994-10-27; 3349.e
September 8, 1994
ADDENDUM NO. 1
PROJECT N0.3349-WEST CARLSBAD BOULEVARD BRIDGE REPLACEMENT
Please include the attached addendum in the Notice to Bidder/Request for Bids you t-
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form,
when your bid is submitted.
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RUTH FLETCHER
Purchasing Officer
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Attachment
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I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434-
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September 9, 1994
ADDENDUM NO. 1
WEST CARLSBAD BOULEVARD BRIDGE REPLACEMENT PROJECT
CITY OF CARLSBAD CONTRACT NO. 3349
FEDERAL AID PROJECT - BRLN-5308(00 1)
The enclosed documents, including a narrative of Specification and Drawing change
accompanied by two (2) additional specification pages, constitute this Addendum No. 1 for
the above referenced project.
Prospective bidders are to note the receipt and inclusion of this Addendum No. 1 as 0
required on Page B-9 of the Contract Documents and SDecial Provisions for said project.
Any questions regarding information, data, drawings, exhibits, or other material
contained herein are to be directed to the Engineer, Mr. Dick Neill, c/o Moffatt & Nichol,
Engineers, (310) 426-9551 or the Construction Manager, Mr. Nick Gennaro, c/o Centenni;
rated, at (619) 931-5728.
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JOHN J. CAHILL
Municipal Projects Manager
City of Carlsbad Project Director
Batiquitos Lagoon Enhancement Project
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2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 -
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ADDENDUM NO. 1 CONTAINS THE FOLLOWING DOCUMENTS:
1. Narrative Revisions to Specifications.
2. Narrative Revisions to Drawings.
3.
4. Standard Plan NSP T7.
Public Contract Code Section 10162 Questionnaire (New page B-25A).
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ADDENDUM NO. 1 - CONTRACT NO. 3349
SPECIFICATIONS:
NOTICE INVITING BIDS;
PAGE B-10; Revise the first paragraph to read as follows:
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The undersigned declares under penalty of perjury, that to the best of hidhers/ the knowledge the information entered upon the following forms; Designation of Subcontractors, Amount of Subcontractors Bids, Bidder's Statement of Financial
Responsibility, Bidder's Statement of Technical Ability and Experience, Bidder's DB
Information, and Public Contract Code Section 10162 Questionnaire, is true and
complete as of the date of preparation.
PAGE B-25A7 Insert new page, Public Safety Code Section 10162 Questionnaire, into the
Specifications following page B-25.
PAGE B-26; Contract - Public Works, Revise paragraph 3 to read:
Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids. Contractor's Proposal, Bidder's Bond, Designation of Subcontractors,
Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Disclosure of Lobbying Activities, Bidder DB Information Form, Escrow
Agreement, Release Form, Public Contract Code Section 10162 Questionnaire, the Plans and Specifications, the Special Provisions, and all proper amendments and
changes made thereto in accordance with this Contract or the Plans and
Specifications, and dl bonds for the project; all of which are incorporated herein by
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install
Work as indicated, specified, and implied by the Contract Documents. Any items c work not indicated or specified, but which are essential to the completion of the Wc 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 oft
intent of the Contract Documents, and the City's decision relative to said intent wil 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.
SPECIAL PROVISIONS:
PAGE 1-14, Section 7-10 PUBLIC CONVENIENCE AND SAFETY
Subsection 7- 10.3 Street Closures, Detours, Barricades:
Paragraph 5, delete in its entirety and add the following:
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Unless otherwise approved in writing by the Engineer, the hours of traffic
control work shall be between the hours of 7:OO a.m. and sunset Monday
through Fridays. The Contractor shall obtain the approval of the Engineer desires to work outside of the hours stated herein excluding City holidays. 0
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ADDENDUM NO. 1 - CONTRACT NO. 3349 * PAGE 1-15, Section 8-2, FIELD OFFICE, Add the following:
The Field ofice including all required equipment and the computer system shall be provided ready for use no later than 30 calendar days after the approval of the con tract.
PAGE 2-37; Section 10-1.05, COOPERATION:
Add the following as the last paragraph:
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A water level control structure (WLCS) is scheduled to be constructed approximately 130 feet downstream, westerly, of the West Carlsbad Bridge
(WCB).
This structure will be used to control the water level in the lagoon and tidal
inlet during the lagoon construction.
This structure will be under construction during the period September 1994
January 15, 1995. The structure will not be operational until January 15,
1995.
During the period of January 1, 1995 and January 15, 1995 it is expected th
the lagoon contractor will be completing the earthwork for the water level control structure and connections to the WCB abutments and approaches. is the intent that the Contractor will coordinate with the lagoon contractor a
complete the necessary portions of the abutment and approaches prior to January 7, 1995 to allow these connections to be completed by the lagoon contractor by January 15, 1995.
The water level will be controlled in the lagoon and tidal inlet by the lagoon
contractor. The control elevations and dates are as follows:
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2.
Maximum
Water Level Elevation (NGVD Datur Time Period
Sep. 1, 1994 to +3.50
Jan 15, 1995
Jan. 15, 1995 to
March 15, 1995
March 15, 1995 to
Variable +3.50 to +9.00
Sept. 15, 1995 +1.9
During periods of storms, the water levels may not be controlled at the
specified elevations and can rise to or above Elevation +9.00 (NGVD).
The water level control structure is subject to overtopping and possible loss t
the structure during storm periods.
The Contractor may construct temporary dikes within the project area as ar
aid to the construction. Temporary dikes, in general, shall not be constructc 3. 0
ADDENDUM NO. 1 - CONTRACT NO. 3349
in a manner that will adversely affect the flows or water level control elevations. Such construction will be coordinated with the lagoon contractor.
Any such temporary dikes constructed in San Marcos Creek shall not be
constructed above elevation +4.00 (NGVD) prior to January 15, 1995.
Temporary dikes constructed between March 15, 1995 and September 15,
1995 shall not be constructed above elevation +2.00 (NGVD). All temporaq diking shall be submitted and approved by the Engineer.
The Contractor shall cooperate with the lagoon contractor and the controllin
of the lagoon water level system, and shall include the cost of this cooperatioi
in the prices bid for the various contract items of work involved.
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PAGE 2-40; Section 10-1.06 PROGRESS SCHEDULE (CRITICAL PATH);
Paragraph 14, delete the portion of the paragraph after "The minimum computer
system to be furnished shall include the following;" and replace with the following.
1. Complete computer system, including keyboard, mouse, and SVGA monitor 24 Bit Video card, using an INTEL DX2 66 486 with 16 Megabytes Randor Access Memory (RAM).
Computer operating system software, compatible with the selected processing unit for MS-DOS 6.2 or later, and Windows 3.1 or later.
A 260 Megabyte hard disk drive and a 3 1/2 floppy disk drive.
A printer compatible with the selected system capable of printing fully legible
timescaled charts, network diagrams and reports.
CPM software Primavera for Windows Version 7.0 or later.
Norton Utility software for computer repak Version 8.0 or later. Calera Wordscan Plus Version 3.0 or later. Microsoft Office Version 4.2 or later.
CPM software, compatible with the hardware provided.
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DRAWINGS
SHEET 13, GENERAL PLAN Applicable Caltrans Standard Plans Dated July, 1992
Revise "D98 D-2" to "D99B"
SHEET 14, DECK CONTOURS & FOUNDATION PLAN
Foundation Plan
Change bearing at Abutment #1 from N 73"08' 58" E to N 73"08' 56" E
SHEET 15, ABUTMENTS
Typical Abutment Section
"Structure Approach Type N (30D)"
Change "Structure Approach Type N(30D)" to "Structure Approach Type N (30D),
Depth Varies at Utility Openings."
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ADDENDUM NO. 1 CONTINUED
CONTRACT NO. 3349
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CLARIFICATION REGARDING EXECUTION OF CONTRACT DOCUMENTS
CALTRANS Standard Specifications Section 3.1.03 regarding time for execution of contrac
documents shall be deleted. The time for execution of contract documents by contractor SI
be 20 days in accordance with Page B-10 of these contract documents.
CLARIFICATION REGARDING TIME OF COMPLETION
Page 1-1 1, Section 6-7, line 1, shall be changed to read: "The Contractor shall begin wor
within 15 days after the contract has been approved by the City Council."
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B-2
PUBLIC SAFETY CODE SECTION 10162 QUESTIONNAIRE 0
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any oficer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed or otherwise prevented
from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation?
-$ Yes No -
If the answer is yes, explain circumstances in the blank space below.
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Certification:
The information furnished is certified to be factual and correct as of the date submitted.
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TITLE
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SIGNATURE DATE
COMPANY 303 e, LdA, -=hL
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CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS I. FOR
WEST CARLSBAD BOULEVARD BRIDGE REPLACEMENT
SAX MARCOS CREEK
BRIDGE NO. 57C-211L
CONTRACT NO. 3349
FEDERAL AID PROJECT - BRLN-5308(001)
Prepared by
MOFFATT & NICHOL, ENGINEERS
250 W. Wardlow Road 1 Long Beach, CA 90807
August 1994 I, I
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SPECIAL NOTICE
The bidder’s attention is directed to the section entitled “Required Listing of Subcontract0
in Part 2, Section 2 of the special provisions regarding the requirement that propos
subcontractors be listed in the bidder’s proposal. Instead of listing only subcontractors
signal and lighting work as in the past, all subcontractors are now to be listed in the 1
proposal for items of work or portions thereof to be subcontracted in excess of one-half of c
percent of the total bid or $10,000, whichever is greater.
In the case where a bidder claims an inadvertent clerical error in listing subcontractor‘s,
notice of the claim must be submitted to the Office of Purchasing Officer in writing within t
working days after the time of the bid opening, and copies sent to the subcontractors involvc
In addition to the above requirement, all DB subcontractors shall be listed in the bid propoi
as set forth in Part 2, Section 3 of the Special Provisions.
Note: Certified DB bidders are now required to meet the DB goal or have a good faith effc
They receive no credit toward the goal for their own DB status.
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THIS SHEET IS FOR INFORMATION PURPOSES AND SHALL I NOT BE CONSIDERED A PART OF THIS CONTRACT
This Federal Aid Project includes goals for Disadvantaged Business (DB) participation. D
goal commitments and good faith efforts must be made PRIOR TO BIDDING. D
commitments and good faith efforts made after the bid opening will not be considered fi
award of the contract.
The bidder's attention is directed to Part 2, Section 2, "Proposal Requirements and Conditions
and Section 3, "Submission of DB Information, Award, and Execution of Contract," of the>
Special Provisions. 1.
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I BATIQUITOS LAGO(
BRIDGE REPLACEMENT PROJE(
TABLE OF CONTENTS
Item - Pa
NOTICE INVITING BIDS .......................................... B
CONTRACTOR’S PROPOSAL ...................................... B
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BIDDER’S BOND TO ACCOMPANY PROPOSAL B-
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....................... I DESIGNATION OF SUBCONTRACTORS ............................. B-
AMOUNT OF SUBCONTRACTOR’S BIDS ............................ B-
PURCHASING DEPARTMENT REPRESENTATION AND CERTIFICATION B- ...
BIDDER‘S STATEMENT OF FINANCIAL RESPONSIBILITY .............. B-
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE B-2 .....
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY .................. B-2
BIDDER AND SUBMITTED WITH BID
CERTIFICATION FOR FEDERAL AID CONTRACTS B-2
DISCLOSURE OF LOBBYING ACTIVITIES ........................... B-2
INSTRUCTIONS FOR COMPLETION OF SF-LLL B-2
....................
....................... i BIDDER‘S DB INFORMATION .................................... B-2
CONTRACT - PUBLIC WORKS .................................... B-2
LABOR AND MATERIALS BOND B-3
FAITHFUL PERFORMANCE WARRANTY BOND ...................... B-3
ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION B-3
..................................
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RELEASE FORM B-4 ...............................................
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BATIQUITOS LAGO(
BRIDGE REPLACEMENT PROJE,
SPECIAL PROVISIONS
Section Description . Pa
PART 1 . SUPPLEMENTARY GENERAL PROVISIONS TO STANDAE
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
1-1 Terms ............................................... 1 1-2 Definitions 1 2 Scope and Control of the Work .............................. 1
2-3.1 General .............................................. 1
2-3.3 Subcontractor Items of Work 1 2-3.4 Owner Operators ........................................ 1 2-3.5 Penalties and Remedies ................................... 1 2-4 Contract Bonds 1
2-5 Plans and Specifications ................................... 1 2-5.3 Shop Drawings ......................................... 1
2-5.4 Record Drawings 1 2-6 Work to be Done ........................................ 1
2-9 Surveying ............................................. 1 2-12 Cross Section Data ...................................... 1 4 Control of Materials ...................................... 1 Materials and Workmanship ................................ 1
Nonconforming Work .................................... 1 5 Utilities .............................................. 1 5- 1 Location .............................................. 1
5-4 Relocation ........................................... 1- 6 Prosecution. Progress and Acceptance of Work .................. 1 .
6- 1 Constfuction Schedule ................................... 1 6-5 Termination of Contract .................................. 1-
6-6.3 Payment for Delays to Contractor ........................... 1 . 6-7 Time of Completion ..................................... 1
6-8 Completion and Acceptance ............................... 1 . 6-9 Liquidated Damages .................................... 1- 7 Responsibilities of Contractor .............................. 1 . 7-3 Liability Insurance ...................................... 1 . 7-4 Workers' Compensation Insurance ........................... 1 7-5 Permits .............................................. 1-
7-5.1 Time of Completion ..................................... 1-
7-7 Cooperation and Collateral Work ............................ 1-
7-8 Project Site Maintenance ................................. 1-
7-8.8 Noise Control ......................................... 1 7-10 Public Convenience and Safety ............................. 1- 7- 10.3 Street Closures, Detours, Barricades .......................... 1 .
7- 1 0.4 Public Safety .......................................... 1-
7-10.4.4 Safety and Protection of Workers and Public ................... 1-
Field Office .......................................... 1- Payment ............................................. 1-
Mobilization and Preparatory Work 1 9-3.4.1 ..........................
10 Water for Construction ................................... 1-
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BATIQUITOS LAGO(
BRIDGE REPLACEMENT PROJE
- P2 I. Section DescriDtion
PART 2. SPECIAL PROVISIONS TO STATE OF CALIFORNIA DEPARTMENT (
TRANSPORTATION (CALTRANS) STANDARD SPECIFICATIONS
SPECIFICATIONS AND PLANS . . . . . . . . . . . . . . . . . . , . . . . . . . . .;
1-1.00 General . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . .;
1-1.01 Standard Specifications Section 1 - Definitions and Terms . . . . . . . . . . . 2
1-1.02 Standard Specifications Section 2 - Proposal Requirements . . . . . . . . . . 2 1-1.03 Standard Specifications Section 3 - Award and Execution of Contract . . . 2
1-1.04 Standard Specifications Section 4 - Scope of Work . . . . . . . . . . . . . . . . 2
1-1.05 Standard Specifications Section 5 - Control of Work . . . . . . . . . . . . . . . 2
1-1.06 Standard Specifications Section 6 - Control of Materials . . . . . . . . . . . . 2
1-1.07 Standard Specifications Section 7 - Legal Relations and Responsibilities . 2 1-1.08 Standard Specifications Section 8 - Prosecution and Progress . . . . . . . , . 2
1-1.09 Standard Specifications Section 9 - Measurement and Payment . . . . . . . 2
1-2 Standard Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 1-2.01 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . .2
1-2.02 Bridge Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
PROPOSAL REQUIREMENTS AND CONDITIONS . . . . . . . . . . . . . .2
2-1 General ...............................................
2- 1 .O 1 Federal Lobbying Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2- 1.02 Disadvantaged Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2-1.03 DB Goal for this Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2-1.04 Listing of Proposed Subcontractors . . . , . . . . . . . . , . . . . . . . . . . . . . . 2 2-1.05 State Employees and Design Engineer May Not Bid on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
SUBMISSION OF DBE INFORMATION, AWARD AND EXECUTIO
OF CONTRACT . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .2
General ............................................ 2
DB Information . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . .2
Award of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-
I SECTION 1
SECTION 2
Construction Contract
SECTION 3
3-1
3-1.OlA
3-1.01B I
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BATIQUITOS LAG0
BRIDGE REPLACEMENT PROJE e
Section Description . Pi
SECTION 4 BEGINNING OF WORK. TIME OF COMPLETION AND LIQUIDATI I DAMAGES .......................................... 2,
SECTION 5 GENERAL ........................................... 2.
5-1 Miscellaneous 2.
5- 1 . 0 1 Labor Nondiscrimination ................................. 2 .
5-1.02 Blank .............................................. 2.
5-1.03 Public Safety 2
5- 1.04 Surface Mining and Reclamation Act 2
5-1.05 Final Pay Quantities .................................... 2 . 5-1.06 DB Records .......................................... 2 .
5-1.07 Payroll Records ........................................ 2 .
5-1.08 Partnering ............................................ 2.
5-1.09 Areas for Contractor’s Use ................................ 2 .
5-1.10 Payments ............................................ 2 .
5-1.11 Sound Control Requirements .............................. 2 .
5- 1.12 Water Conservation ..................................... 2 .
5- 1.13 Performance of DB Subcontractors and Suppliers ................ 2 .
5-1.14 Subcontracting ........................................ 2 .
5-1.15 Project Appearance ..................................... 2 .
5-1.16 State Park Regulations ................................... 2 .
5-1.17 Relations with United States Army Corps of Engineers ............ 2 .
5-1.1 8 Relations with California Coastal Commission .................. 2 .
5-1.19 Relations with California Department of Fish and Game ........... 2 .
5-1.20 City of Carlsbad Special Use Permit ......................... 2 .
5-1.21 Relations with California Regional Water Quality Control Board ..... 2 .
5- 1.22 Relations with State Lands Commission ....................... 2 .
5- 1.23 Relations with California Department of Transportation ............ 2 .
5-1.24 Relations with San Diego Air Pollution Control District ........... 2 .
SECTION 6 BLANK ............................................. 2.
SECTION 7 BLANK ............................................. 2 .
SECTION 8 MATERIALS ......................................... 2 .
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BATIQUITOS LAGOO
BRIDGE REPLACEMENT PROJEC
Section Description Pas
SECTION 8-1 MISCELLANEOUS 2-2
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8- 1 . 00 Buy America Requirements ............................... 2-2
8-1.01 Prequalified and Tested Signing and Delineation Materials .......... 2-2
8- 1.02 City Furnished Materials ................................. 2-2
8-1.03 Slag Aggregate ........................................ 2-2 8- 1.04 Engineering Fabrics ..................................... 2-:
SECTION 8-2 CONCRETE 2.. .......................................
8-2.01 Cement and Water Content ................................ 2-:
SECTION 9 DESCRIPTION OF BRIDGE WORK ...................... 2-:
SECTION 10 CONSTRUCTION DETAILS 2-: ...........................
SECTION 10-1 GENERAL 2.. ........................................
10-1.00 Construction Project Funding Identification Signs .......... 2-:
10-1.01 Order of Work .................................. 2-:
10- 1.02 Water Pollution Control 2-:
10- 1.03 Temporary Erosion Control ......................... 2-: 1 0- 1.04 Temporary Fences ................................ 2-:
10- 1.05 Cooperation 2-:
10-1.06 Progress Schedule (Critical Path) ..................... 2-: 10-1.07 Obstructions .................................... 2-1
10-1.08 Dust Control 2-1
10- 1.09 Mobilization .................................... 2-1
10- 1.10 Construction Area Signs ........................... 2-1 10-1.1 1 Maintaining Traffic 2-1
10-1.12 Traffic Control System for Lane Closure ................ 2-1
10-1.13 Traffic Control for Traffic Striping .................... 2-f
10- 1.14 Temporary Pavement Delineation 2-1
10- 1.15 Temporary Railing ............................... 2-f
1 0- 1.1 6 Temporary Crash Cushions Modules ................... 2-f
10- 1.17 Existing Highway Facilities ......................... 2-f
10- 1.18 Remove Traffic Stripes and Pavement Markers 2-t
10-1.19 Remove Roadside Signs ............................ 2-!
10-1.20 Cold Plane Asphalt Concrete Pavement ................. 2-!
10-1.21 Bridge Removal 2-!
IO- 1.22 Earthwork ..................................... 2-t
10-1.23 Aggregate Base .................................. 2-t
10-1.24 Asphalt Concrete ................................ 2-t
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I* SECTION 10-3 TELEPHONE CONDUITS SYSTEM ................... 2-
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BATIQUITOS LAGOC
BRIDGE REPLACEMENT PROJE(
Section DescriDtion - Pa
10-1.25 Piling .2-
1 0- 1.26 Concrete Structures 2-
10-1.27 Structure Approach Slabs (Type N) 2-1
10-1.28 Drill and Bond Dowels (Epoxy Cartridge) ............... 2-1
10-1.29 Sealing Joints ................................... 2-1
10- 1.30 Reinforcement 2-1
10-1.31 Roadside Signs .................................. 2-1
10-1.32 Overside Drains ................................. 2-1
10-1.33 Stone Channel Protection 2-1 10- 1.34 Miscellaneous Bridge Metal ......................... 2-
10-1.35 Markers and Delineators ........................... 2-
10-1.36 Metal Beam Guard Railing 2-
10-1.37 Metal Bridge Railing .............................. 2-
10-1.38 Concrete Barrier ................................. 2-
10-1.39 Paint Traffic Stripes and Pavement Markings 2-
10-1.40 Pavement Markers ................................ 2-
SECTION 10-2 BLANK ........................................ 2-
1.
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10-3.0 1 Description ..................................... 2-
10-3.02 Conduit ....................................... 2-
SECTION 11 BLANK I SECTION 12 BLANK
SECTION 13 BLANK
SECTION 14 FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCT10
PROJECTS
SECTION 15 FEDERAL MINIMUM WAGES, SAN DIEGO
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BATIQUITOS LAGO(
BRIDGE REPLACEMENT PROJEl
APPENDICES
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
DEPARTMENT OF THE ARMY PERMIT
CALIFORNIA COASTAL COMMISSION PERMIT
CALIFORNIA DEPARTMENT OF FISH AND GAME AGREEMEP
CITY OF CARLSBAD SPECIAL USE PERMIT AND MITIGATIC
MEASURES
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOAR
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ORDER NO. 93-50 I APPENDIX F STANDARD PLANS
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CITY OF CARLSBAD, CALIFORNIA I. NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsb;
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 19thday
September, 1994, at which time they will be opened and read, for performing the Work
follows:
WEST CAFUSBAD BOULEVARD BRIDGE
CONTRACT NO. 3349
(SAN MARCOS CREEK BRIDGE NO. 57C-211))
FEDERAL AID PROJECT BRLN-5308 (001)
The Work shall be performed in strict conformity with the specifications as approved by t
City Council of the City of Carlsbad on file with the Engineering Department. TI
specifications for the Work include the Standard Specifications of Public Works Constructio
(SSPWC), 199 1 Edition and the latest supplements thereto, hereinafter designated "Standa:
Specifications", as issued by the Southern California Chapter of the American Public Wor
Association and the State of California Department of Transportation Standard Specificatioi
of July 1992, both as amended by the Special Provisions sections of this contract. Referenc
is hereby made to the specifications for full particulars and description of the Work.
The City of Carlsbad encourages the participation of minority and women-owned businesse
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators ar
contractors to utilize recycled and recyclable materials when available and where appropriat
No bid \vi11 be received unless it is made on a proposal form furnished by the Purchasir
Department. Each bid must be accompanied by security in a form and amount required 1
laiv. The bidder's security of the second and third next lowest responsive bidders may 1
withheld until the Contract has been fully executed. The security submitted by all 0th
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after tl
Contract is awarded. Pursuant to the provisions of law (Public Contract Code Section 22300
appropriate securities may be substituted for any obligation required by this notice or for ar
monies withheld by the City to ensure performance under this Contract. Section 22300 of tl
Public Contract Code requires monies or securities to be deposited with the City or a state
federally chartered bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit I.
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quantit
are approximate and serve solely as a basis for the comparison of bids. The Enginee Estimate is $1,455,900.
No bid shall be accepted from a contractor who is not licensed in accordance with 1
provisions of California state law. The contractor shall state their license number, expirati
date and classification in the proposal, under penalty of perjury, pursuant to Business a
Professions Code Section 7028.15. The following classifications are acceptable for tl
contract: General Engineering Contractor "A" license, in accordance with the provisions
state law.
If the Contractor intends to utilize the escrow agreement included in the contract documei
in lieu of the usual 10% retention from each payment, these documents must be completed a
submitted with the signed contract. The escrow agreement may not be substituted at a la
date.
Sets of plans, Special Provisions, and Contract documents may be obtained at the Purchasi
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsb:
California, for a non-refundable fee of $25.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any mir
irregularity or informality in such bids.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the coun
or counties, in which the work is to be done have been determined by the Director of 1
California Department of Industrial Relations. These wage rates are available at the office
the Carlsbad City Clerk. The Federal minimum wage rates for this project as predetermin
by the United States Secretary of Labor are set forth in Part 2, Sections 14 and 15 of 1
Special Provisions. Addenda to modify wage rates, if necessary, will be issued to holders
Specification books. Future effective general prevailing wage rates which have be
predetermined and are on file with the California Department of Industrial Relations i
referenced but not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements. If there is a differer
between the minimum wage rates predetermined by the Secretary of Labor and the gene
prevailing u7age rates determined by the Director of the California Department of Industr
Relations for similar classifications of labor, the Contractor and subcontractors shall pay 1
less than the higher wage rate. The City of Carlsbad will not accept lower State wage ra
not specifically included in the Federal minimum wage determinations. This includes "helpc
(or other classifications based on hours of experience) or any other classification not appeari
in the Federal wage determinations. Where Federal wage determinations do not contain
State wage rate determination otherwise available for use by the Contractor and subcontracto
the Contractor and subcontractors shall pay not less than the Federal minimum wage rate wh
most closely approximates the duties of the employees in questions.
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The Prime Contractor shall be responsible for insuring compliance with provisions of Sectic
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Sublettii
and Subcontracting Fair Practices Act."
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicatl
in this proposal, times the unit price as submitted by the bidder. In case of a discrepant
between words and figures, the words shall prevail. In case of an error in the extension oj
unit price, the corrected extension shall be calculated and the bids will be computed
indicated above and compared on the basis of the corrected totals.
All prices must be in black ink or typewritten and must be entered in both spaces provided 1
the bid form. Changes or corrections may be crossed out and typed or written in with blal
ink and must be initialed in black ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior
bidding. Submission of bids without acknowledgment of addenda may be cause of rejectii
of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers a
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (509
respectively, of the Contract price will be required for work on this project. These bonds sh;
be kept in full force and effect during the course of this project, and shall extend in full for
and effect and be retained by the City until they are released as stated in the Special Provisio
section of this contract. All bonds are to be placed with a surety insurance carrier admitt
and authorized to transact the business of insurance in California and whose assets exceed tht
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are
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1) An original, or a certified copy, of the unrevoked appointment, power of attorney,
laws, or other instrument entitling or authorizing the person who executed the bond
do so.
A certified copy of the certificate of authority of the insurer issued by the insuran
commissioner. 2)
If the bid is accepted, the City may require a financial statement of the assets and liabilities
the insurer at the end of the quarter year prior to 30 days next preceding the data of t
execution of the bond. The financial statement shall e made by an officer's certificate
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financ
statement may be verified by the oath of the principal officer or manager residing within t
United States.
Insurer is to be placed with insurers that have (1) a rating in the most recent Best's Key Rati
Guide of at least A-:V, and (2) are authorized to transact the business of insurance in the St;
of California by the Insurance Commissioner. Auto policies offered to meet the specificati
of this contract must: (1) meet the conditions stated above for all insurance companies and 1
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cover any vehicle used in the performance of the contract, used onsite or offsite, whet1
owned, non-owned or hired, and 'whether scheduled or non-scheduled. The auto insurar
certificate must state the coverage is for "any auto" and cannot be limited in any matter.
Workers' compensation insurance required under this contract must be offered by a compa
meeting the above standards with the exception that the Best's rating condition is waived. 1
City does accept policies issued by the State Compensation Fund meeting the requirement
workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract.
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid City
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution
A
No. 94-228 , adopted on the 9th day of Auqust , 19%.
p QL7LL-t 6, /99&/ l?LiZLd&*
Date Aletha L. Rautenkranz. City Clerk
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CITY OF CARLSBAD
WEST CARLSBAD BOULEVARD BRIDGE REPLACEMENT
(SAN MARCOS CREEK BRIDGE NO. 57C-211L)
FEDERAL AID PROJECT - BRLN-5308 (001)
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CONTRACT NO. 3349 i 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 t
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furni
all labor, materials, equipment, transportation, and services required to do all the u7ork
complete Contract No. 3349 in accordance with the Plans and Specifications of the City
Carlsbad, and the Special Provisions and that he/she will take in full payment therefor t
following unit prices for each item complete, to wit: I
1. Item Unit Price or Lump Sum Quantity Unit
Item Description with Approximate
No. Price Written in Words and Unit Price Total
L.S. ?,L[tO - s,4mc
2 Mobilization and preparatory work at L.S. I ?>Z{C'OU IS 2 I VC
L.S. Gqfc +IC'
1 Progress Schedule (Critical Path) at
Dollars per lump sum.
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-41 P j /q,q { \re%>& .-rr%4 \i.\n&@/
DAi #&&.@~-flb,PA f.i/ 0 qbV5L+?t
.-
Dollars per lump dm. .
3 Temporary Chain Link FenceiGate I
(Type CL 6) at
dollars per lump sum.
&b( -fbNffl*! ;%' ,Le iA/+4/%9/
4 Construction Area Signs at L.S. lu,, CCG' --t- /5 BC
E&k J<%' -jau??l~&L+4
do€fars per lump sum. (Specialty Item)
Traffic Control System at
Z.P.4 I uL&r\O 4/+&
dollars per lump sum. (Specialty Item)
L.S. .)-;7 c,"c' -- 5pC"Ge
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Item Description with Approximate E
Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price Total I.
6 Flashing Arrow Sign at 2 EA. I' , G@?L' '-- 2, flt~
7 Temporary Delineator 200 EA ZcrJ 5,6%
8 Temporary Pavement Delineation at L.S. ZL, 24; fit
9 Temporary Railing (Type K) at 8,210 L.F. E' q$", qz
? I /7cp* /$L QG 10 Temporary Crash Cushion. 4 EA &
BJg ,q-I~W&c4 nJdJ
dollars per each.
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dollars Fir lump sum.
J I \,cd I V\L
dollars per linear foot.
Sand Filled at
dollars per each.
fl! q-k@2cJ%&J GW&c !-L&;*/
i /" z, u.& 11 Cold Plane Asphalt Concrete at 2,010 S.Y. L
@LC
dollars per square yard.
0, L.S. 93--.;@.c' /5$ L'i 12 Bridge Removal at __t_ oh.&? /h/&&?J $&b\. $fM LPwY&q4
dollars per lump sud. .-
13 Roadway Excavation at 11,750 C.Y 7 $2) 25
14 Structure Excavation (Bridge) at 270 C.Y. L, ./ I, 552
15 Structure Backfill (Bridge) at 180 C.Y. 16 il 99,
SI 4O
/fip/p,
Dollars per cubic yard
/A
-$;I&
dollars per cubic yard. (Final Pay)
/
7&"c
dollars per cubic yard. (Final Pay)
'Yd ,.7 16 Class 2 Aggregate Base at 157 C.Y. 13
.q$k<j& qlK
G
dollar3 per cubic yard.
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Item Description with Approximate E
Quantity Unit
and Unit Price Total
0 Item No. Price Written in Words
Unit Price or Lump Sum
17 Asphalt Concrete (Type B) at 582 Ton ."JQ - z 5/ Z,%
18 Place Asphalt Concrete (Miscellaneous 124 S.Y. "4 - 5C&
%W+b
dollars pd)ton.
Area) at $+I,- &r fhlxi
dollars per square qard.
pH 19 Place Asphalt Concrete Dike 423 L.F. (3 z, us
20 Furnish 18" Octagonal Prestressed 1,875 L.F. 62' 1, -2 5-l
(Type A) at *"Ai2
Concrete Piling at
dollars per linear foot. (specialty item)
bh;y
.0 Drive 1 8" Octagonal Prestressed 41 EA. 2-&74g /P& 36
Concrete Piling at
dollars per each. (specialty item)
--/ f U&f&&k& A.4, j-L* dkzt -% 4 Ly/ A. fi4%,W
"i?bd?4 &AA%lL,&d'
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0 22 Structural Concrete, Bridge at 690 C.Y. ym ?DX€%
dollars per cubic yard. (Final Pay)
_> Y' a+% 18 C.Y. - Z,'i& 23 Structural Concrete, Bridge
Footing at /%.z.e I&,d,~,/~ h-&, $A
Dollars per cubic yard. (Final $ay)
c :PI5 /6, &Lp x 24 Structural Concrete Approach Slab 100 C.Y.
(Type N) at i &Lt kh&-&J
dollars per cubic yard. (Final Pay)
?/-- 25 Joint Seal e B MR 1") at 84 L.F. 7LJ i7,eiqo F $&/AI I dollard'per linear foot. (Specialty Item) I.
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Item Description with Approximate B
Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price Total
3Cl {Qg.!.! .e-
26 Bar Reinforcing Steel (Bridge) at 154,000 L.B. \,’ rn %o,c;
I.
-fjjJd5 L;(Q- &&
,cl.dk@ per pound. (Specialty Item)
(Final Pay)
27 Roadside Sign - 1 Post at 3 EA. I@/ 735q
QVL[ [l-,yl-,.v.p! z;yL-kw
dollars per each. i’
z1 5,TC ” -/ 28 Overside Drain at 1 EA. LC, fi.
“fi& fl&&)&.J $;4 $b&-7A$uJ
dollars per each.
f 29 40 Pound Stone 265 Ton /G - %vs $&? &&G,\
I dollars per ton.
37, GT 30 400 Pound Stone at 2,600 Ton r‘ 4.
31 2 Ton Stone at 4,500 Ton 13 r E55z
32 Filter Fabric at 2,400 S.Y. r q, 5qf5
33 Miscellaneous Metal (Bridge) at 4,000 LB. r” q 66
/- -
-&$&e@-?_
dollars per ton.
/J $- ki: $e&A
dollars per ton.
OyLQ 1 dollars per square yard.
@vu?
dollars per pound. (Specialty Item)
(Final Pay)
i?f?+
I5?5
- @:p-7 5fi J 34 Concrete Barrier (Type 25) at 498 L.F.
*v:* h,
dollars pdlinear foot. (Final Pay)
Metal Beam Guard Railing at
dollars per linear foot. (Specialty Item)
(..,-E@ ‘7’ I 125 L.F.
&?+!/VJflL
b 35
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1. 40 Telephone Con uit System at L.S. zJ?p - LEE <<:a d+dL? f
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Item Description with Approximate E 0 Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price Total
i! GQl 36 Cable Anchor Assembly (Breakaway, 2 EA. F-&> *
Type A) at
dollars per each. (Specialty Item)
$-w /q/z/‘LJL&!
& ?$%t P 49dA,&
GL& *%4&-idJ
37 Terminal Secti n (Type C) at 2 EA. /f& - ZBO
dollars per each. (Specialty Item)
38 Painted Traffic Stripe and Pavement L.S. 1. GWt - /G-&
Marking at
dollars per lump sum. (Specialty Item)
/ /
39 Pavement Marker (Reflective) at 54 EA. -5- /biz
“]?L/&LC
dollars per each. (Specialty Item)
c
dollars per lump sum. (specialty item)
( P Total amount of bid for in words: of4 fi(t-/ /I(& @@ /!;L/v&&! fkF&L41, F% g@&ccl.,d 1\f:.nO /c% ;~M~~‘-C~[ ceb& 694 /&&-,-a L/
d
Total amount of bid for in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum (a) No(s) c
this proposal.
I I /z,z (77i ‘ cc’
for the work (hashave) been received and (idare) included
q!p-IGJ
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The Undersigned declares under penalty of perjury, that to the best of his/her/their howled] that the information relating : designation of subcontractors, amount of subcontractor’s bic
Bidder’s statement of financial responsibility and Bidder’s statement of technical ability ar
experience are true and complete as of the date of preparation.
The Undersigned has checked carefully all of the above figures and understands that the Ci
will not be responsible for any error or omission on the part of the Undersigned in prepari1 this bid.
The Undersigned agrees that in case of default in executing the required Contract wi
necessary bonds and insurance policies within twenty (20) days from the date of award Contract by the City Council of the City of Carlsbad, the proceeds of the check or bor
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed
do business or act in the capacity of a contractor within the State of California, validly licensc
under license number 22.~~4~ , classification A which expires on - 2-284s, and that this statement is true and correct and has the legal effect of an affidav
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to ti
Business and Professions Code shall be considered nonresponsive and shall be rejected by tl City. 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shz be invalidated by the failure of the bidder to be licensed in accordance with California lam
However, at the time the contract is awarded, the contractor shall be properly licensed. Pub1
The Undersigned bidder hereby represents as follows:
1.
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1. Contract Code 5 20104.
1. That no Council member, officer agent, or employee of the City of Carlsbad personally interested, directly or indirectly, in this Contract, or the compensation to 1 paid hereunder; that no representation, oral or in writing, of the City Council, i
officers, agents, or Contrac
excepting only those contained in this form of Contract and the papers made a pa
hereof by its terms; and
employees has inducted hidher to enter into this
2. That this bid is made without connection with any person, firm, or corporation makir
a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is -z{hkw %%a?
(Cash, Certified Check, Bond or 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 requirc every employer to be insured against liability for workers’ compensation or to undertake sel
insurance in accordance with the provisions of that code, and agrees to comply with SUC
provisions before commencing the performance of the Work of this Contract and continue
comply until the contract is complete.
.... .... -. . .
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article
relative to the general prevailing rate of wages for each craft or type of worker needed execute the Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number) I City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signature mi
be made by a general partner) I.
(3) Place of Business (Street and Number)
City and State D Zip Code Telephone No.
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B-13
EIDDER'S BOW) TO ACCQIMPmY PROPOSA4J,
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Roy E. Ladd, hc. , as Principal, and m' . PA .-$ as Surety are heid and firmly bound unto the City of Carlsbad, Califom%; in m arriaunt 3s follows: (must be at least ten percent (10%) of the bid mount)
Ten Perccnt nf AROlJnt Rid (10% AM~. Bid) -- for which payment, well and truly made, we bind ourselves, OUT heirs, executors and administrators, swxessors or assigns, jointly hind severally, Amly by these p:cscnts.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal fori
WEST CAFUSBAD BOULEVARD BRIDGE REIP&ACE&IENT
CONTRACT NO. 3319
Armican GEXJEIX~ Cmpa::y
(SAN MARCQS CBEEK BRIDGE NO. 57C-EllL)
FEDERAL AID PROJECT RRLN-5308 (001)
in the City of Car\sbad, is accepted by the City Council, and if the Principal iJ * shall duly enter into and execute 8 Contract including required bonds and insmnce pwcies xvifhh i~x~i'i!: [ZQi
days from tlic date of award of Contract by the City Council of thc City of Carisbad, bei,.g duly notified of said award, thcn this utligaxrion shall becsme ntll! ,and void: Dtherwke. it 5hdi be and remain in full force and effect, and the amount specified herein shall ba forfeited 10 :!le
e
seid Cit}*.
2
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In the esent Principal executed this bond as an individual, it is agreed that the death c Frirncjpal shall not exonerate the Surety from its obligations under this bond,
Executed by PRINCIPAL this lq%day of
PRINCIPAL: SURETY:
(Name of Principal)
By: CQA Plaza, Chicrqo, IL 60585
Executed by SURETY this-13th. day of s&wk?%k ,1@%, Sentemher '1 19%.
Rqy E. W%,3=*Ca Arwrxan Carualr,~ ..Comnanv of Read? mame of Surety)
(Address of Surety)
(Telephone Number of Surety) (916) 567-6400 &rim name here)
'3~. J"rcesr
RbA E, a, ==At- By: 'phdTiu,i L 2.ULd&
(title and organization of signatory) Signdture of Attornej&-Fac t
Monica A. Wingate
I e (sign lierc)
[print name here')
(title and organizatiurn {-.if signatory)
(Proper notari:il x!, .sv ie2.g~ of execurion by P%it?ClPAL and SCRETY must be a:t~k?d
(President pi VK only one offic,r assisiant se<r [a-
APPROVED 1s T(1 1-Olih.b: RONALD P k$,iLL
printed name of Attorney-in-Fad
(attach corporate resolution showing CUK~I power of a~crney)
0 By:
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1:: ,t and secretary or assislalit secrelary must sign for corporations.
i!x rorpmition must ati3ch a resolution certified by the ~ccretary
z ,or;,ordte seal empowe:ing that officer to bind the curportltion,)
City Attorr.;y
BY:-- =B-. ----
b w Cit! il~rorne;
0
CALEF'oRNlA ALL-PURPQSE ACKNOWLED6MGNY .
State of California
County of Sacramento
On Sept. 13, 1994 before me, Cindy M. Reeder
personally appeared Monica A. Wingate
m personally known to me - OR - I? proved to me on the basis of satisfactory evide
to be the person(s) whose name(s) is/
subscribed to the within instrument and
knowledged to me that he/she/they execL
the same in his/her/their authori,
capacity(ies), and that by his/her/tt
signature(s) on the instrument the persor
DATE NAME, TITLE OF OFFICER E G "JANE DOE NOTAFiY PUBLIC"
NAME(S) OF SIGNER(S)
WITNESS my hand and official seal.
4- J%$g Dl b2&- -
SIGNA~LJRE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could p
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME
TITLE OR TYPE OF DOCUMENT TITLE($
??l ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 7184 - Canoga Park, C
Amer!CaR qaaEatty Gompany 0 f L-/ J4
of Reading, Pennsylvania .'
For All the Commitments You Make'
~ChiC8po. lllinois
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-DN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. a corporation duly or
existing under the laws of the Commonwealth of Pennsylvania. and Raving its principal office in the City of Ch
State of Illinois. does hereby make, constitute and appoint .. Stephen D - Bender: Ma ri 1J'n F. RrWn ; Marilyn Jo Preston, David K. Johnson, Monica A. Wiwte. Indiv~duallv
of Sacramento, Cal ifornia
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign. seal and execute in its behalf bonds. under
other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and to the same extent as if such instru signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of si pursuant to the authority hereby given are hereby ratified and confirmed.
the Company:
This Power of Attorney is made and executed Pursuant to and by authority of the following By-Law duly adopted by the Board of
"Article VI - Execution of Obligations and Appointment of Attorney-in-Fact
Section 2. Appointment of Attorney-in-fact. The President or Vice President may. from time to time. appoint by written certificate in-fact to act in behalf of the Company in the execution of policies of insurance. bonds. undertakings and other obligatory instrurr
nature. Such attorneys-in-fact. subject to the limitations set forth in their respective certificates of authority,shall have full power
Company by their signature and execution of any such instruments and to attach the Seal o! the Company thereto. The President President or the Board of Direaors may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by tt
Directors of the Company at a meeting duly called and held on the 11th day of November, 1966:
"Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile or
@of attorney granted pursuant to Section 2 of Article VI of the By-Laws. and the signature of the Secretary or an Assistant Secret; seal of the Company may be affixed by fascimile to any certificate of any such power. and any power or certificate bearing su( signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and ceeified by certificate : and sealed shall. with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Compar
In Witness Whereof. AMERICAN CASUALTY COMPANY OF EADING. PENNSYLVANIA has cgsed these presents to be signed
AMERICAN CASUALTY COMPANY OF READING. PENf
Presiaent and its corporate seal to be hereto affixed this P ruarv
State County of of Illinois Cook 1 \ "
bdayof 5,
-.+&L-J>l( J. E. Purtell Vice F
On this 21st day sf February . S92. before me pers
J. E. Punell. to me known. who. betng by me duly sworn did depose ana say: that he resides in the Village of Glenview. State of lllinoi a Vice-Presiaent of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. the corporation described in the which execute instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal: that it wi pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like au acknowledges same to be the act and deed of said COrooratiOn.
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qJ) 04 co*.\* &;7/$L/ oc f/Jp-&Q&/
";/ @,M!
Linda C. Dempsey/
CERTIFICATE My Commission Expires 0 I ./ 1. George R. Hoaaugh, Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, do ce3fy that Attorney herein above set forth is still in force. and futher certify that Section 2 of Article VI of the By-Laws of the Company and th of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed r
ixed the seal of the said Company this-day Of September ,19_94_.
LjF+ (I)
George R. Hoba6h / Assisfjy
INV. N U-73142 D
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DESIGNATION OF SUBCONTRACTORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors
making up hisher bid and that the sub-contractors listed will be used for the work for whi
they bid, subject to the approval of the City Engineer, and in accordance with applicat provisions of the specifications and Section 4100 et seq. of the Public Contracts Code
Subletting and Subcontracting Fair Practices Act.” No changes may be made in the
subcontractors except upon the prior approval of the City Engineer of the City of Carlsb: The following information is required for each sub-contractor. attached if required: Additional pages can
Complete Address Phone No. Items of Work Full Companv Name with Area Code /&
.,+I c- i 2 1 1I’?Acci; ,T ‘;d? - 3 57- lf 770 - Slfll 3- \,/mLW$ ic G/&i pg,%,v 444 q2lf&3 Wf - “77 - 54?/
r/ /q + $yp.& g- .F 27 3g- 5)G;
;A[ ?T$y &<,<,-+f?fp.~f7% p-& ,? G+dL, S$q q<-&jp ?/& 85: -CZ%/
(/IO - z 3L - [{si’ 5,35,s/4 57 4TL& htW& (’0 <,&w )>ln(L- ‘-4 92f70 Yl I
16 ‘t 1 <7y l, TEg ,+7L-/rlL * 2 d T:FQ{ gP-- GS3 I! 94
PL /, by7 &bq
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AMOUNT OF SUBCONTRACTOR'S BIDS
The bidder is to provide the following information on the subbids of all the list1
subcontractors as part of the sealed bid submission. Additional pages can be attached,
required.
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Full Company Name Type of State Carlsbad Business Amount of Bid
Contracting License No.* ($ or YO) I License & No.
I /$&?x 0 /c;"L/'t/i?L;: d p; i L /yf Lr' 3 <:
1 f
//I y7/. 5/ill 5 /&&45/p L1"77,5% d ~- (L-9
&?h& L4LL.l IU P/ 5& JC,, :LQ , -
cpl4 I:'ows;r (AT Lo (I ,&fi a I ;;{ Lp :/I: "2
/+p,?% /&I& fz5-c.. 4-JC-5 :3 c I? 3, Cl.01 -
2- 3 UV
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1 5&rn]Ly 5#GdF! &jL!+J '5?3 \yq /I L76;D /
"Licenses are renewable annually. If no valid license, indicate "NONE." Valid license m
be obtained prior to submission of signed Contracts.
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I City of Carlsbad
Purchasing Department
Representation and Certification
The following representation and certification are to be completed, signed and returned with propo:
This firm is , is not '>c woman-owned business.
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1 REPRESENTATIONS: Mark all applicable blanks.
This offeror represents as part of this offer that: I (Check appropriate Ethnic Business Type)
WOMAN-OWNED BUSINESS: A won business is a business of which at least 51 owned, controlled and operated by a woman Controlled is defined as exercising the pow1 policy decisions. Operation is defined i
involved in the day-to-day management.
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DEFINITIONS: B *BUSINESS ENTERPRISE: "Minority
Business" is defined as a business, at least 51 percent
of which is owned, operated and controlled by minority u group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members. 1 The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S.
Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
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Certification #:
CERTIFICATION OF BUSINESS REPRESENTATION(S):
Mark all applicable blanks. This offeror represents as a , part of this offer that:
This firm is , is not % a minority business.
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CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
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NAME TITLE %dkFb
SIGNXT~’ / DATE %+f \9, y
COMPANY NAME Ro2 E ~~b~~~~ -
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility.
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DEPARRJ~ENT OF GENERAL SERVICES . STATE OF CALIFORNIA PETE WILSON,
+ * D'vi sion oi the
Ak%?€?Ct
P Street, 5th Floor. Sacramento 95814
('q r-- September 27, 1993
\/- d'
Roy E. Ladd, Inc. License Number 223646
P. 0. Box 992750
Redding, CA 96099
Subject: Financial Prequalif ication Rating
Gentlemen:
Your "Contractor's Statement of Experience and Financial Condition" has been r(
and approved. The following rating, less the amount of incomplete work on any
contracts with the State of California, represents the limit which you may bid
projects with the State.
Date of Financial Statement ................. March 31, 1993
Financial Rating ............................ $31,422,720.00
Date Financial Rating Expires ............... September 30, 1994
The above financial rating is SOLELY for use by the STATE OF CALIFORNIA
and departments thereof whenever such financial prequalification is required by 0 NO OTHER USE IS INTENDED OR AUTHORIZED.
Statements\-are confidential and are kept on file for eighteen months after the
the financial statement, after which time they become obsolete. It is the contractors' responsibility to file a new statement on a timely basis wit1
Office of the State Architect once each year in order for your firm to be conti
financially prequalified as a prime bidder.
Respectfully,
7d
Fausto (Frank) Villalobos
Financial Prequalification Analyst
Contract Administration
(916) 322-3128
Enclosure
FV: rc
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D *H*SCOTT & COMPANY
CERTl F I ED PU 6 L I C ACCO U NTANTS
a professtonal corporatron @
Boardof Dhsctors
Roy E. Ladd, Inc. Redding, califomia
jqe &k-s .&dL& 23- -iFAfL:zj -=-"-?-- Max &--$-s cf % $- Lax: 1%- {
California corporation) as of March 31, 1994 and 1993 , and the related sta-t of in-, changes in stockholders' equity, and cash flows for the years the ended. These financial statemnts are the respansibility of the company'
mnagemmt. Our responsibility is to express an opinion an these financia statemnts based an our audits.
~co~ourauditsinaccordancewi~~yacceptedauditingstandards ThDse standards reqUire that we plan and perfom the audits to obtain -1
assurance about whether the financial statemxIts are free of materia misstatemnt. An audit includes examining, an a test basis, evidence supportin the mts and disclosures in the financial stataents. An audit also include
assessing the accmmtm ' g principles used and significant estimates made b nanagemnt, as well as evaluating the overall financial statemmt presentation we believe that our audits provide a reasonable basis for our opinion.
m our opinion, the financial statemxIts referred to abwe present fairly, in al
m=terial respcts, the financial position of Roy E, Ladd, Inc, as of March 31
1994 and 1993 , and the results of its Operations and its cash flows for the year then ended in conformity with generally accepbd accounting principles.
our audits were made for the purpose of forming an opinion on the basic financia
stataents taken as a whole. a-Le sup~lementary b-ifomatio~ on pages S-1 throug S-fj & -:&=+A faL *;-e saw & za+Lsr& $-ay=& Gy2 & Y-Tk a -14-
part of the mic financial statam~ts. such information has been subj& t
the saz1113 auditing pmc&mes applied in W audits of the basic financia
statenmts and, in our opinion, is fairly stated in all mawial respects i relation to the basic financial statemnts tabn as a whole.
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Redding, California @ September 8, 1994
D H Scott & Company * Certified Public Accountnnts
900 Market Street Redding, CA 96001 916/243 4300 FAX NO 9161243 4306
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FlOY E. IADD, INC.
€TI"cIAL !3mmmms
ANDsuPP--oN
M7IFCH 31, 1994 AND 1993
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BALANCE SHEETS MAJX3-I 31, 1994 AND 1993 a
As-
1994 1993 current assets:
Cash and cash equivalents $ 619.167 $ 2,528,018 Receivables:
Contracts - current 2 , 148 , 194 708,993
531,856 273,419 %tention - contracts in progress
10,050 Retention - completed contracts 196,025
other 4.901 1,634
Tbtai r-eceimbles 2,880 * 976 994, G96 - Inventories (Note 2)
prepaid expenses 114 , 133 101 , 305 Costs and estimated earnings in excess
of billings on contracts in progress 330 , 537
228 f 219
1,115 , 607 Due from shareholder (Note 3) 50,000 -
mtal current assets 5,008,102 3,953,956
property and equiFnrutnt: Constsuction equiprent 7,779 , 406 7,449 , 128 ' Autosandtrucks 1,339,158 1,216 , 403
office equilrnrtnt 50 , 464 50 , 463 Aircraft 456,306 232,113
Total property and equipnmt 9,625 , 334 8,948 , 107
Less accumulated depreciation ( 7,037,947) ( 5,868,773)
Net Property and equirprrent 2,587.387 3,079,334
Real estate, net of accumulated
depreciaeLon of $193,327 mci $1'76,116 3,232,324 3,118,701
other assets:
Quarry lease, net of accumulated mrtization
lilvesmt in partnership
Cash surrender value of life insurance, net of policy loans of $545,407 and $543,898 123 , 359
Other non-cument assets 4,700 5,607
%tal other assets 365,910 128,966
Tbtal assets $ 11,194,733 $ 10,272,957
of $798 and $4- 112 , 065 - - 56 f 642
192 , 503
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1994 1993 current Liabilities: Notes and contracts payable -
current portion (Note 4) $ 1,742,799 $ 921,734
Accounts payable 676 , 384 534,205
Sukontracto~~ payable:
current 493 , 934 5 , 690 Retentions 223 , 408 259,042
Accrued labor and labor costs 696,568 643,144 Billings hi excess of costs and esthrateci
Inam taxes payable 155 , 069 251,688
mes payable, current portion (Note 5) 48,159 -
earnings on contracts in progress 379,951 -
provision for loss on contracts in progress
Deferred in- taxes - 433,000
413 , 971 -
other current liabilities 82,087 36,540
mtal current liabilities 4,912,330 3,085.043
Long-term liabilities: Notes and contracts payable - long-term portion (Note 4) 2,183,794 2,271,332 e Ieasss payable, long-term portion (Note 5) 64,704 -
Total long-term liabilities 2,248,498 2,271,332
Total liabilities 7,160,828 5,356,375
Stockholdersf equity: Commn stock, no par value, 10,000 shares authorized, issued and outstanding 25 , 000 25,000
preferred stock, $100 stated value, 10,000 shares authorized, 6,000 shares issued
and outstanding 6CC, 2c;o 690 , OX
Additional paid-in capital 19,000 19,000 Retained earnings 4,224,299 5,028,749
4,868,299 5 , 672,749 Less cost of 5,300 and 5,100 shares of t==-lrY s- ( 834.394) ( 756,167)
Tatal stockholders' equity 4,033,905 4,916,582
Total liabilities and stockholdersf equity $ 11,194,733 $ 10,272,957
The accompanYing notes and accourntantfs report should be read in connection with these financial statemnts.
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State of Nevada Department of Transportation a Notice of Credit Accommodations
STATE OF NEVADA
DEPARTMENT OF TRANSPORTATION
1263 SOUTH STEWART STREET
CARSON CITY, NEVADA 897 12
Date September 8, 1994
ATTENTION: Administrative Services Division
Gentlemen:
We are advised that
__ _____ ROY E. LADD, INC.
Name of Contractor
is endeavoring to fulfill prequalification requirements with you in order to perform contra
with the State of Nevada, Department of Transportation. In that regard, we have been asked
advise you that we have extended credit accommodations to that contractor in the amount
$ 2,000,000.00
This letter is signed with the understanding that it is to be used by the State of Nevar
Department of Transportation, in connection with the determination of said contractor's financ
ability to perform work under contracts which may be awarded to him by the Department
Transportat ion.
*
BANK of AMERICA NT & SA -- Name of Bank
1661 East Street, Redding, Ca 960(
Address
BY ;/..J@Wqr
R. Matranga 4
Vice President
Title
( 946 ) 246-6789
Phone No. *
NDOT
070-033 Rev 2-93
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE I.
The Bidder is required to state what work of a similar character to that included in t
proposed Contract he/she has successfully performed and give references, with telepho
numbers, which will enable the City to evaluate its responsibility, experience and skill. t I attachment can be used.
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A- ROY E. LADD, INC.
--m- GENERAL CONTRACTOR 0 >SA REDD1 NC, CALIFORNIA
‘I 980-1 993
RANDOM SAMPLE OF COMPLETED WORK & REFERENCES
1980 Canal $ 3,030,562 Fountain Hills, AZ Bureau of Reclamation
1980 Highway 2,509,460 Susanville, CA CA Dept. of Transp.
1980 Bridge 1,683,233 Garberville, CA Humboldt County
1981 Detention Basin 2,519,439 Walnut Creek, CA Contra Costa County
1981 Dam 1,512,134 Selah, WA Wenas Water District
1982 Storm Damage 4,585,352 Mendocino Co., CA CA Dept. of Transp.
1982 Storm Damage 5,907,527 Hood River, OR OR Dept. of Transp.
1983 Highway 1,169,244 Amador Co., CA CA Dept. of Transp.
1983 Debris Cleanup 1,225,713 Colusa, CA CA Water Resources
1984 Highway 2,703,504 Lakeside, CA CA Dept. of Transp.
1984 Highway/Bridge 7,358,026 Pacheco Pass, CA CA Dept. of Transp.
1984 Storm Damage 809,349 Ocotillo, CA CA Dept. of Transp.
1984 Highway/Bridge 5,868,036 Banks, ID Federal Hwy Qept.
1984 Storm Damage 1,469,525 Mendocino Co., CA CA Dept. of Transp.
1984 Bridge 1,663,500 Trinity Co., CA CA Dept. of Transp. 0 1984 Highway 1,043,600 Sonoma Co., CA CA Dept. of Transp.
1985 Highway/Bridge 3,290,798 Mendocino Co., CA CA Dept. of Transp.
1985 Bridge 2,010,498 Del Norte Co., CA CA Dept. of Transp.
1985 Bridge 1,581 ,I 58 Trinity Co., CA CA Dept. of Transp.
1986 Exc. Aqueduct 5,840,702 Eloy, AZ Ball, Ball & Brosamer
1986 Dam 5,089,768 Carson City, NV City of Carson
1986 RoadNiaduct 1,883,880 Mule Creek, CA CA Dept. of Transp.
1987 Exc., Bridge Approaches 1,772,465 Placerville, CA C C Myers, Inc.
1987 Debris Cleanup 636,278 Knights Landing, CA CA Water Resources
1987 Debris Cleanup 1,061,536 Yolo, CA CA Water Resources
1988 Highway 5,362,199 Bishop, CA CA Dept. of Transp.
1988 Slope Restoration 1,339,017 Kyburz, CA CA Dept. of Transp.
1989 Bridge & Approaches 1 ,I 14,561 Ramona, CA CA Dept. of Transp.
1989 Excavation & Stockpile 51 3,500 San Marcos, CA City of San Diego
1990 Grading, Rock Slope - United Water
1990 Highway 3,610,207 Calaveras Co., CA CA Dept. of Transp.
1990 Tunnel 1,407,286 San Bernardino, CA Army Corps of Engineers
1990 Dam 677,089 Norco, CA U.S. Navy
1990 Highway 774,886 Kern Co., CA CA Dept. of Transp.
1990 Tanksite Preparation 994,799 Calabasas, CA Las Virgenes Water Distr
1991 Bridge Approaches 4,021,211 Kyburz, CA MCM Construction
1991 Earthwork & Buildings 14,752,000 San Bernardino, CA Army Corps of Engineers
1992 Railroad.Tunnel Repair 323,277 Eureka, CA No. Coast Railroad
1993 Bridge Replacement 672,494 Camp Pendleton, CA US Navy
1993 Flood Control Levees 24,239,096 Oceanside, CA Army Corps of Engineers
Protection & Structures 10,047,964 Ventura, CA Conservation District
* 1993 Flood Damage Repair 2,479,161 Oceanside, CA Oceanside
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California )
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County of 1
RYE. Ldk , being first duly sworn, deposes
(Name of Bidder) I and says that he or she is Res;k*+
I of qyE. &A&, ZhC'
(Title)
(Name of Firm)
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf c
any undisclosed person. partnership, company, association, organization, or corporation; th
the bid is genuine and not collusive or sham; that the bidder has not directly or indirect1
induced or solicited any other bidder to put in a false or sham bid, and has not directly (
indirectly colluded, conspired, connived, or agreed with any bidder or anyone shall refrain fro1
bidding that the bidder has not in any manner, directly or indirectly, sought by agreemer
communication, or conference with anyone to fix the bid price, or of that of any other bidde
or to fix any overhead, profit. or cost element of advantage against the public body awardin
the contract of anyone interested in the proposed contract; that all statements contained in th
bid are true; and further, that the bidder has not, directly or indirectly submitted his or her bi
price or any breakdown thereof, or the contents thereof, or divulged information or data relativ
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 c
sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavi
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\+as executed on the &day of St& \h\b ,193. -1 f <-- -/;<I//
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scribed and sworn to before me on the day of
STgnature df Bidder
* .19-.
'(1 OTARY SEAL)
Signature of Notary I.
-a- aF=_--- --- _---- =ieL___j RIGHT THUMBPRINT (r r 0 a.
Kathleen A. Tracy,
t;TATE OF
COUNTYOF sari Diego
California
Sept. 15Y 1994 before me, (Name title of officer I e "Jane Doe Notary Pub Notary Public
personally appeared Rov E. Tadd
personally known to me (or proved to me on the basis of satisfactory evidence) to be the pe name(s) is/are subscribed to the within instrument and acknowledged to me that helshei the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the person(s), or the entity upon behalf of which the person(s) acted, executed the instrum
WITNESS my hand and official seal *d/U 7L / 35L-
Signature --- - - ~ ----_--- OLCOTTS FORMS ISJe clasy8L- - -- _--= --__-----
LPmyulg CLT 06W90
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Certification for Federal Aid Contracts I.
The FroFGvc panicipat ce.deS. by signing and submitling this bid or proposd, iD he best of
0) No Fcderal appropriYtd fuds have been paid or will be paid,' by or on behalf of the undersign
penon for influencing or anrapring 10 influence an officcr or employee of any Fdcd agcncy, ( of Congress, an offctr or employee of Con-, or an employee of a Member of Congrcss h E
with the awarding of any Fdt.d conuacr. rhc making of any Federal gran~ the malj?g of my Fe: rh: enuring inro of any cooperrrive agrccmtnt, and the exrtnsion, conrimmion, rmewd, mc:
mMicxicn of any Fd~d ccnrm, p~s loan, or coap=nuve agrcmcnt
(2) If any funds olficr rhvl F&t.ai appropriated funds have been paid or will be paid to my I
iniluencing or aucmpling LO influence an officer or employee of any Fedcd agcncy, a b
Congrcss. an officcr or cmpfoyee of Congas, or an crnpioyec of a Membcr of Congr5s in c
wit5 rhis Fedc.d conmct. pnS Im, or tcc~pera.ive agreement, he undmigned shall COmFkc : Sundud Fom-UL, "Disdcs~rc ofbbbying AcnviLks," in accardulce wirh its insmc50n~.
nk ce-Xicarion is a mzimd rep:csc%don of fact upon which niianct was placed when this nns
mz!: or cnxrcd into. Submission of ~ ctdkaiion K a pxnqlrisitt for making or enwing into thk I
i~~posc:! by Secrion 1352. Title 31. US. CE Any person who faiis to fale he rcqukd ccdiuuc subject 13 a civApcna!ry of nor ftss rhz? SIO.Oo0 and no^ snore than 5100,ooO for w=k such faiIure.
~.:owl~,oe md kkf, rhat:
I
Tht ~mspcf5ve pardzipat dm apes by submixing his or hu bid or pmpul that he or she siW r
L~C !mzyge cf rfris cmfkxion bc hciuded in all lower ricr ~~itrconrr;lc~. which cxcd SlG3.CXN ;L?d tc
SU>ZX:;~~~ s,w cw =,d &!CSC ~~.dhgly.
I.
1. Type of Federal Attfon: 2. Status of Fedoral Action:
a. E~:TU~ ; ks.;f;gicatuon
3. GIM:
c. ~0)alil~~e agreement t. pt-award
6. lun
4. loa7FUam-lnrea
1. lcvlIrswLY
TI
bRepofl Type:
a i~d
b. fWllMndmrng6
For Material Change Onl!
Y'U q-- daaa ot !as1 rtpM
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4. Name and Adress cf Reporting €TtI?j: fl Prime n Subawarcee .
5. lf Reponing Enttty In No. 4 Is Subawardee. Name and Address of Prime:
Tier , ilknown sa.. as "'!, Re23 E. La&>-= '
p. 0 I BCs qW-7- G?&&.CJ, c, h* q6oqq e *IS0
-a++ % ~b+k~fQ&d-t b,
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Cznyersional Dlstrid, ifknown:
6. Feuaral DepamentlAgency:
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CongresslonaI Dlstrltt, if known:
7. Federal Program NamafDescrfp!lon:
4yJh+y
CFDL, Number, Bappkble
70. a. Name and Address of Lobbying httfy (d in~ivrouid, fast name, fvsf rame, MI):
N8NE I
b. lndivlduals Pwformlng Services (inc'udkg a dd?arcnf frnm Na 101) (ksr name, finr name,. MI):
NON E
11. Arr.czn1 cf Payment {chd all L9z.1 iiply):
f
13. Type of Payment (check all 1k:af q$y)
;L mpulw
b. one4mlslee
az2la.l planned -a -
Nfi
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d. ccntngentfes
e. delemd
13 b cash u b. in-kid; spscrfy: nalure
value
14. Brief DescrI !Ion of Sorvirms Performed or to be performsd and Date(s) of Sewice, Incilrdfng offlcar(s) ampioyes(sE or membcr(s) contadad, for Payment indlcatad In Itom 11:
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(anach Cantinvation Sheerfs) if necessary)
7 , 15. Ccntlnuarlon Sheet(s) anactrod: n Yes m No
16. / -
bornrum- Prrrpn-ta L. - w nwar utt sIgnatura:,-W, / K f 6 ,,7 L-aon~m 7Na-dl.clrCIha-m
mpl-um w hct-mcnrrr-a- ouu q- -aborr- TV. --on .N- w- ha. TH.d&aamnr-
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B-2E 8 PUBLIC SAFETY CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete,
under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed or otherwise prevented
from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation?
-# Yes No -
If the answer is yes, explain circumstances in the blank space below.
0
Certification:
The information furnished is certified to be factual and correct as of the date submitted.
%yr. Lclc& f++$
,,A ;/,7
NAME ~ ;
SIGNAFRE DATE
TITLE Ky+, g: c’- -x-[ s ,,p 3yA-Q-k M, \44y
COMPANY 303 q?, LC&, =we
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CONTRACT - PUBLIC WORKS
This agreement is made thisdyday of @- , 19&, by and between the City
Carlsbad, California, a municipal corporation, (hereinafter called "City"), and
whose principal place ofbusine
is
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ROY E. LADD, INC.
1304 EAST STREET, SUITE 212, REDDING. CA 96099
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all Work specified in the Contra I documents for:
WEST CARLSBAD BOULEVARD BRIDGE REPLACEMENT
CONTRACT NO. 3349
(SAN MARCOS CREEK BRIDGE NO. 57C-211L)
0 FEDERAL AID PROJECT - BRLN-5308 (001)
1. (hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tool
supplies, equipment. and personnel to perform the Work specified by the Contra(
Documents.
Contract Documents. The Contract Documents consist of this Contract, Notice Invitin
Bids. Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder'
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavi
Disclosure of Lobbying Activities, Bidder DB Information Form, Escrow Agreemeni
Release Form: the Plans and Specifications, the Special Provisions, and all prope
amendments and changes made thereto in accordance with this Contract or the Plan
and Specifications, and all bonds for the project; all of which are incorporated herei
by this reference.
Contractor, herihis subcontractors, and materials suppliers shall provide and install th
Work as indicated, specified, and implied by the Contract Documents. Any items c
w7ork 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 th
intent of the Contract Documents, and the City's decision relative to said intent will b
final and binding. Failure of the Contractor to apprise subcontractors and material
suppliers of this condition of the Contract will not relieve responsibility of compliance
Pavment. For all compensation for Contractor's performance of work under thi
Contract, City shall make payment to the Contractor per Section 9-3 of the Standarc
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B-2
Specifications for Public Works Construction (SSPWC) 1991 Edition, and the late:
supplements thereto, hereinafter designated "Standard Specifications", as issued by tl-
Southern California Chapter of the American Public Works Association, and i
amended by the Special Provisions section of this contract. The closure date for eac
monthly invoice will be the 30th of each month. Invoices from the Contractor shall 1
submitted according to the required City format to the City's assigned project manage
no later than the 5th day of each month. Payments will be delayed if invoices ar
received after the 5th of each month. The final retention amount shall not be release
until the expiration of thirty-five (35) days following the recording of the Notice (
Completion pursuant to California Civil Code Section 3 184.
Public Contact Code section 20104.50 requires a summary of its contents to be set fort
in the terms of the contract. Below is such a summary. However, contractor shoul
refer to Public Contract Code section 20104.50 for a complete statement of law.
The City shall make progress payments within 30 days after receipt of an undispute
and properly submitted payment request from a contractor on a construction contrac
If payment is not made within 30 days after receipt of an undisputed and proper1
submitted payment request, then the City shall pay interest to the contract equivaler
to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Civ
Procedure. Notwithstanding any provision of this contract, the City of Carlsba
reserves the right to have any and all progress payments made directly to contractor b
the City and/or Port of Los Angeles.
Upon receipt of a payment request, the City shall, as soon as practicable after receip!
determine whether the payment request is a proper payment request. If the Cit
determines that the payment request is not proper, then the request shall be returned t
the contractor as soon as practicable but not later than seven (7) days after receipt. Th
returned request shall be accompanied by a document setting forth in writing th
reasons why the payment request was not proper.
If the City fails to return the denied request within the seven (7) day time limit, the
the number of days available to the City to make payment without incurring interer
shall be reduced by the number of days by which the City exceeds the seven (7) da
return requirement.
"Progress payment" includes all payments due contractors except that portio of the fin:
payment designated by the contract as "retention earnings."
Independent Investigation. Contractor has made an independent investigation of th
jobsite, the soil conditions at the jobsite, and all other conditions that might affect th
progress of the Work, and is aware of those conditions. The Contract price include
payment for all work that may be done by Contractor, whether anticipated or not, i
order to overcome underground conditions. information that may have bee
furnished to Contractor by City about underground conditions or other job condition
is for Contractor's conlrenience only, and City does not warrant that the conditions ar
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Any
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as thus indicated. Contractor is satisfied with all job conditions, including undergrour
conditions and has not relied on information furnished by City.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible f
all loss or damage arising out of the nature of the Work or from the action of t
elements or from any and all unforeseen difficulties which may arise or be encounter6
in the prosecution of the Work until its acceptance by the City. Contractor shall a1
be responsible for expenses incurred in the suspension or discontinuance of the Wor
However, Contractor shall not be responsible for reasonable delays in the completic
of the Work caused by acts of God, stormy weather, extra work, or matters which tl
specifications expressly stipulate will be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves diggir
trenches or other excavations that extend deeper than four feet below the surfac
Contractor shall promptly, and before the following conditions are disturbed, noti
City, in writing, of any:
A.
6.
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Material that Contractor believes may be material that is hazardous waste, q
defined in Section 25 117 of the Health and Safety Code, that is required to 1
removed to a Class I, Class 11, or Class I11 disposal site in accordance wii
provisions of existing law.
B. Subsurface or latent physical conditions at the site differing from tho:
indicated.
C. Unknown physical conditions at the site of any unusual nature, differei
materially from those ordinarily encountered and generally recognized i
inherent in work of the character provided for in the contract. I
City shall promptly investigate the conditions, and if it finds that the conditions d
materially so differ, or do involve hazardous waste, and cause a decrease or increac
in contractor’s costs of, or the time required for, performance of any part of the WOI
shall issue a change order under the procedures described in this cor:tract.
In the event that a dispute arises between City and Contractor whether the conditior
materially differ, or involve hazardous waste, or cause a decrease or increase in tl:
contractor’s cost of, or time required for, performance of any part of the Worl
contractor shall not be excused from any scheduled completion date provided for by th
contract, but shall proceed with all Work to be performed under the contrac
Contractor shall retain any and all rights provided either by contract or by law whic
pertain to the resolution of disputes and protests between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, order change!
modifications and extra work by issuance of written change orders. Contractor sha
make no change in the Work without the issuance of a written change order. an
Contractor shall not be entitled to compensation for any extra work performed unles
the City has issued a written change order designating in advance the amount c
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additional compensation to be paid for the Work. If a change order deletes any wor
the Contract price shall be reduced by a fair and reasonable amount. If the parties a
unable to agree on the amount of reduction, the Work shall nevertheless proceed ai
the amount shall be determined by litigation. The only person authorized to ord
changes or extra work is the Project Manager. The written change order must '
executed by the City Manager or the City Council pursuant to Carlsbad Municipal COI
Section 3.28.172.
9. Immigration Reform and Control Act. Contractor certifies he is aware of tl:
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectior
1101-1 525) and has complied and will comply with these requirements, including, bi
not limited to, verifying the eligibility for employment of all agents, employee
subcontractcrs, and consultants that are included in this Contract.
Prevailing Wage. Pursuant to Section 1773 of the Labor Code, the general prevailin
u.age rates in the county, or counties, in which the work is to be done have bee
determined by the Director of the California Department of Industrial Relations. The:
wage rates are available at the office of the Carlsbad City Clerk. The Federal minimui
wage rates for this project as predetermined by the United States Secretary of Labor ai
set forth in Part 2, Sections 14 and 15 of the Special Provisions. Addenda to modil
lvage rates, if necessary, will be issued to holders of Specification books. Futui
effective general prevailing wage rates which have been predetermined and are on fi,
with the California Department of Industrial Relations are referenced but not printed i
the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements.
difference between the minimum wage rates predetermined by the Secretary of Labc
and the general prevailing wage rates determined by the Director of the Californi
Department of Industrial Relations for similar classifications of labor, the Contract0
and subcontractors shall pay not less than the higher wage rate. The City of Carlsbac
\vi11 not accept lower State wage rates not specifically included in the Federal minimur
wage determinations. This includes "helper" (or other classifications based on hour
of experience) or any other classification not appearing in the Federal wag
determinations. Where Federal wage determinations do not contain the State wage rat
determination otherwise available for use by the Contractor and subcontractors, th
Contractor and subcontractors shall pay not less than the Federal minimum wage ratr
which most closely approximates the duties of the employees in questions.
Indemnification. Contractor shall assume the defense of, pay all expenses of defense
and indemnify and hold harmless the City of Carlsbad, the Los Angeles Board o
Harbor Commissioners, the City of Los Angeles Harbor Department and thei
Consultants, and the officers, employees, and volunteers of the City of Carlsbad, thr
Los Angeles Board of Harbor Commissioners, the City of Los Angeles Harbo
Department and their Consultants. from all claims, loss, damage, injury and liability o
every kind. nature and description, directly or indirectly arising from or in connectior
with the performance of the Contractor or work; or from any failure or alleged failurr
of Contractor to comply with any applicable law, rules or regulations including thosr
10.
If there is
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relating to safety and health; except for loss or damage which was caused solely by tl
active negligence of the City; and from any and all claims, loss, damages, injury a
liability, howsoever the same may be caused, resulting directly or indirectly from tl
nature of the Work covered by the Contract, unless the loss or damage was causc
solely by the active negligence of the City. The expenses of defense include all cos
and expenses including attorneys fees for litigation, arbitration, or other dispu
resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contra1
insurance against claims for injuries to persons or damage to property which may ari:
from or in connection with the performance of the work hereunder by the Contract0
his agents, representatives, employees or subcontractors. Said insurance shall meet tf
City’s policy for insurance as stated in Resolution No. 91-403.
(A)
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COVERAGES AND LIMITS - Contractor shall maintain the types of coverage
and minimum limits indicated herein:
1. Comprehensive General Liability Insurance:
$5,000,000 combined single limit per occurrence for bodily injur
and property damage.
separate aggregate in the amounts specified shall be establishel
for the risks for which the City or its agents, officers c
employees are additional insureds.
If the policy has an aggregate limit.
2. Automobile Liabilitv Insurance:
$5,000,000 combined single limit per accident for bodily injur
and property damage. In addition, the auto policy must cover an
vehicle used in the performance of the contract, used onsite o
offsite, whether owned, non-owned or hired, and whethe:
scheduled or non-scheduled. The auto insurance certificate mus
state the coverage is for “any auto” and cannot be limited in an!
manner.
q 3. Workers’ Compensation and Employers’ Liability Insurance:
Workers’ compensation limits as required by the Labor Code o
the State of California and Employers’ Liability limits o
$5,000,000 per incident. Workers’ compensation offered by thc
State Compensation Insurance Fund is acceptable to the City.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies 0‘
insurance required under this agreement contain. or are endorsed to contain, thc
following provisions. General Liability and Automobile Liability Coverages:
1. The City of Carlsbad, the Los Angeles Board of Harbor Commissioners.
the City of Los Angeles Harbor Department, and their Consultants, anc
the Officers, employees and volunteers of the City of Carlsbad, the Lor
Angeles Board of Harbor Commissioners, the City of Los Angele:
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Harbor Department and their Consultants are to be covered as additior:
insureds as respects: liability arising out of activities performed by or 4
behalf of the Contractor; products and completed operations of t
contractor; premises owned, leased, hired or borrowed by the contractc
The coverage shall contain no special limitations on the scope
protection afforded to the additional insured.
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2. The Contractor’s insurance coverage shall be primary insurance
respects the additional insured. Any insurance or self-insuranc
maintained by the additional insured shall be in excess of the contractor
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall nl
affect coverage provided to the additional insured.
Coverage shall state that the contractor’s insurance shall apply separate1
to each insured against whom claim is made or suit is brought, excel
with respect to the limits of the insurer’s liability.
3.
4.
(C) “CLAIMS MADE” POLICIES - If the insurance is provided on a “claims made
basis, coverage shall be maintained for a period of three years following the dai
of completion of the Work.
NOTICE OF CANCELLATION - Each insurance policy required by th
agreement shall be endorsed to state that coverage shall not be suspendec
voided, canceled, or reduced in coverage or limits except after thirty (30) day:
prior written notice has been given to the City of Carlsbad by certified mai
le
(D)
1 return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - An
deductibles or self-insured retention levels must be declared to and approved b
the City. At the option of the City, either: the insurer shall reduce or eliminatl
such deductibles or self-insured retention levels as respects the additional insurec
or the contractor shall procure a bond guaranteeing payment of losses an4
related investigation, claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required under thi
agreement shall contain a waiver of all rights of subrogation the insurer ma:
have or may acquire against the additional insured.
SUBCONTRACTORS - Contractor shall include all subcontractors as insured
under its policies or shall furnish separate certificates and endorsements for eacl
subcontractor. Coverages for subcontractors shall be subject to all of th
requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers tha
have a rating in Best’s Key Rating Guide of at least A-:V, and are authorizec
(F)
(G)
(H)
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publication of the Department of Insurance of the State of California as allow
under the standards specified in by the City Council Resolution No. 91-403.
VERIFICATION OF COVERAGE - Contractor shall furnish the City w
certificates of insurance and origir.al endorsements affecting coverage requir
by this clause. The certificates and endorsements for each insurance policy i
to be signed by a person authorized by that insurer to bind coverage on
behalf. The certificates and endorsements are to be in forms approved by I
City and are to be received and approved by the City before work commenct
COST OF INSURANCE - The Cost of all insurance required under tl
agreement shall be included in the Contractor’s bid.
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(J)
13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims A
(Section 900 et seq of the California Government Code) for any claim or cause
action for money or damages prior to filling any lawsuit for breach of this agreemer
Maintenance of Records. Contractor shall maintain and make available at no cost
the City, upon request, records in accordance with Sections 1776 and 1812 of Part
Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain tl
records at Contractor’s principal place of business as specified above, Contractor shz
so inform the City by certified letter accompanying the return of this Contrac
Contractor shall notify the City by certified mail of any change of address of su(
14.
I records.
15. I Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sectic
1720 of the Labor Code are incorporated herein by reference.
Securitv. Securities in the form of cash, cashier’s check, or certified check may t
substituted for any monies withheld by the City to secure performance of this contra
for any obligation established by this contract. Any other security that is mutual1
agreed to by the Contractor and the City may be substituted for monies withheld t
ensure performance under this Contract.
Affirmative Action. Contractor certifies that in preforming under the purchase ordc
aLvarded by the City of Carlsbad, he will comply with the County of San Dieg
Affirmative Action Program adopted by the Board of Supervisors, including all currer
amendments.
Provisions Required by Law Deemed Inserted. Each and every provision of law an
clause required by law to be inserted in this Contract shall be deemed to be inserte
herein and included herein, and if, through mistake or otherwise, any such provision
not inserted. or is not correctly inserted, then upon application of either party, th
Contract shall forthwith be physically amended to make such insertion or correction
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19. Additional Provisions. Any additional provisions of this agreement are set forth in i
"General Provisions'' or "Special Provisions" attached hereto and made a part herec Be
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Roy E. 4
NOTARIAL ACKNOWLEDGEMENT Contractor
OF EXECUTION BY ALL
SIGNATORIES MUST BE ATTACHED
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R (CORPORATE SEAL) Print Name of Signatory
" +pAAf-) ,dH
/&na re of Signatory ,
APPROVED TO AS TO FORM:
RONALD R. BALL
City Attorney
B) :
Print Name of Signatory
Signature of Signatory
*SAe&-
Title -m =City Attorney
ATTEST:
L
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~&-p~~~p&yg
County of Sk~.ta
On &.k3~y z\j tqqu before me, - &qRGh.wh - uo.l-avy R\
WME TITLE OF OFFICER - E G 'JANE DOE NOTARY PUBLIC' DATE
NAME(S) OF SIGNER(S)
personally appeared -tQA e. codd
H personally known to me - OR - 0 proved to me on the basis of satisfactory evider
to be the person(s) whose name(s) is/:
subscribed to the within instrument and 4
knowledged to me that he/she/they execui
the same in his/her/their authoriz
capacity(ies), and that by his/her/th
signature(s) on the instrument the personi
or the entity upon behalf of which t
person(s) acted, executed the instrume
WITNESS my hand and official seal. &PC#=--
SIGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEh
TITLE OR TYPE OF DOCUMENT TITLE@)
0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIANKONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 7184 Canoga Park, CA 9
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3ond No: 137596286 B-:
LABOR AND MATERIALS BOND
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WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution h
94-298 ,adopted OCTOBER 18, 1994 , has awarded to ROY F. LADD,
(hereinafter designated as the "Principal"), a Contri
for:
WEST CARLSBAD BOULEVARD BRIDGE REPLACEMENT
CONTRACT NO. 3349
(SAN MARCOS CREEK BRIDGE NO. 57C-2llL)
FEDERAL AID PROJECT - BRLN-5308 (001)
in the City of Carlsbad. in strict conformity with the Plans and specifications, and otl
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad a
all of uhich are incorporated herein by this reference.
WHEREAS. Principal has executed or is about to execute said Contract and the terms there
require the furnishing of a bond, providing that if Principal or any of their subcontractors sh
fail to pay for any materials, provisions. provender or other supplies or teams used in, up
or about the performance of the Work agreed to be done, or for any work or labor do
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter
forth.
NOW, THEREFORE, WE. ROY E. LADD, INC. 9
Principal, (hereinafter designated as the "Contractor"), and herican Cs sualtv Companv
Readina . PA as Surety, are held firmly bound unto the City of Carlsbad in the sum of -
FIVE HUNDRED SIXTY ONE THOUSAND FOUR HUNDRED EIGHTY FIVE E N
Dollars ($ 561,485.00 ), said sum being fifty percent (50%) of the estimat
amount payable by the City of Carlsbad under the terms of the Contract, for which paymt
well and truly to be made we bind ourselves, our heirs, executors and administrato
successors. or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hid
subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used
upon, for, or about the performance of the Work contracted to be done, or for any other w(
or labor thereon of any kind, or for amounts due under the Unemployment Insurance Cc
with respect to such work or labor, or for any amounts required to be deducted, withheld, a
paid over to the Employment Development Department from the wages of employees of
contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Cc
with respect to such w7ork and labor that the Surety will pay for the same, not to exceed
sum specified in the bond, and, also, in case suit is brought upon the bond, costs a
reasonable expenses and fees. including reasonable attorney's fees, to be fixed by the cot
as required by the provisions of Section 3248 of the California Civil Code.
B
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This bond shall inure to the benefit of any and all persons, companies and corporations entitlc to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing wi Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any such Contractc shall not exonerate the Surety from its obligations under this bond.
Executed b CONTRACTOR this 2\ ST Executed by SURETY this 70th day of
CONTRACTOR: SURETY:
day of dckbw , 19 y\ nct.nhAr> 19%.
4merican Casualtv Comaiv of U rl I (Name of CoSFzpr) 7 (Name of Surety) -
%&E* d&, 3Z-c ‘
By: &/ I /cp&q$f ZN9 Dlaza; Chicago, I1 60685 (Address of Surety) sign ere)
I (print name here)
I
I. By:
I Roll) E, Camh 936-567-6412
FeL\ieVii o-c-72yE.u>=c* By:
(title and organization of signatory)
ilavid Y. Johnson
(sign here)
(print name here)
(title and organization of signatory)
Printed name of Attorney-in-Fact
(attach corporate resolution showing curre power of attorney) 8
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(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one Offi
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate I
empoh ertng that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
I
By: c
.1 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~ilhvh;a
ti$ County of %*
achkv 21, \49y before me, cm;q ea\SewyI - Noh2
personally appeared Rby F, Chbm DATE NAME TITLE OF OFFICER - E G "JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
B personally known to me - OR - 0 proved to me on the basis of satisfactory evider
to be the person(s) whose name(s) is/:
subscribed to the within instrument and
knowledged to me that he/she/they execu
the same in his/her/their authoriz
capacity(ies), and that by his/her/th
signature(s) on the instrument the person
or the entity upon behalf of which 1
person(s) acted, executed the instrume
WITNESS my hand and official seal.
0
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prc
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI
TITLE OR TYPE OF DOCUMENT TITLE(S)
[7 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE e
01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Ave , P 0 Box 71 84 Canoga Park, CP
Ainerica n LB su a rr y Lorn pan y of Reading, Pennsylvania 6 Fair All the Commitments You hlakr'
~~o.IChIcago, Illinois
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a corporation duly
existing under the laws of the Commonwealth of Pennsylvania. and having its principal office in the City of
State of Illinois. does hereby make. constitute and appoint -
of Sacramento, California
- - In Unlimited Amounts -
5teD-P r f Marl 1 yn F R rCLUE&Pn - .. Marilyn 30 Preston, David K. Johnson, Monica A. mate. Tndlv~duallv -
its true and lawful Attorney-in-Fact w~th full power and authority hereby conferred to sign. seal and execute in its behalf bonds, unc
other obligatory instruments of similar nature
- - and to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and to the same extent as Jf such ins
signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA and all the acts of pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attsrney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board
the Company:
"Article VI - Execution of Obligations and Appointment of Attorney-in-Fact
Section 2. Appointment of Attorney-in-fact. The President or Vice President may. from time to time. appoint by written certific in-fact to act in behalf of the Company in the execution of policies of insurance. bonds. undertakings and other obligatory inst
nature. Such attorneys-in-fact. subject to the limitations set forth in their respective certificates of authority, mall have full pot
Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Presrdl
President or the Board of Direcrors may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted b
"Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimilt @ of attorney granted pursuant to Section 2 of Article VI of the By-Laws. and the signature of the Secretary or an Assistant Sec seal of the Company may be affixed by fascimile to any certificate of any such power. and any power or certificate bearing signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and ceeified by certific;
and sealed shall. with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Cor
In Witness Whereof. AMERICAN CASUALTY COMPANY OF EADING PENNSYLVANIA ha caused these presents to be sig
AMERICAN CASUALTY COMPANY OF READING. Pi
Directors of the Company at a meeting duly called and held on the 11th day of November. 1966:
President and its corporate seal to be hereto affixed this & day of ebrwv .,
-xl( 0 J. E. Purtelt VI1
State of Illinois i County of Cook I SA
c r, **-
. 193. before me p
J. E. Purteli. to me known who. being oy me duly sworn. aid depose and say: that he resides in the Village of Glenview. State of Ill a Vice-President of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. the corporation described in the which exei in:;trument; that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seat: that i pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to Iikt acknowledges same to be the at1 and deed of said corPoration.
On this 21st day of Fe b rua rv
1. George R. Hobaugh, Assistant Secretary of AMERICAN CASU
Attorney herein above set forth is still in force. and futher certify that Section 2 of Article VI of the By-Laws of the Company an of the Board of Directors, set forth in said Po e of Attorney are still in force. In testimony whereof 1 have hereunto subscrib1
affixed the seal of the said Company this 56th day of, October ,1994.
/FW\ /#GB \qwF
0
/ George R. HobaGh Assi
IN'
a
a.73142 b
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of Sac ramen t o
.. On October 20. 1994 beforeme,i
DATE NAME TITLE OF OFFICER - E G JANE DOE NOTARY PUBLIC'
personally appeared David K. Johnson
NAME(S) OF SIGNER(S)
Dpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidei
to be the person(s) whose name(s) is/,
subscribed to the within instrument and
knowledged to me that he/she/they execu
the same in his/her/their authorii
capacity(ies), and that by his/her/th
signature(s) on the instrument the person
or the entity upon behalf sf which *
person(s) acted, executed the instrum€
WITNESS my hand and official seal.
9
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 7184 Canoga Park, C
Bond No: 137595285 B-
FAITHFUL PERFORMANCENARRANTY BOND e
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution 1
94-298, adopted October 18. 1994 , has awarded to -ROV E. Ladd, Inc.
, (hereinafter designated as the "Principal"), a Contract for:
WEST CARLSBAD BOULEVARD BRIDGE REPLACEMENT
CONTRACT NO. 3349
(SAN MARCOS CREEK BRIDGE NO. 57C-211L)
FEDERAL AID PROJECT - BRLN-5308 (001)
in the City of Carlsbad, in strict conformity with the contract, the Plans and specifications, i
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbi
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms then
require the furnishing of a bond for the faithful performance of said Contract; 8 NOW, THEREFORE, WE, ROY E. Ladd, Inca , as Princip
(hereinafter designated as the "Contractor"), and American Casualty Co xf Readina PA,
Surety, are held and firmly bound unto the City of Carlsbad, in the sum of One Million
Dollars ($ 1,122,971.00 ), said sum being eq
to one hundred percent (1 00%) of the estimated amount of the Contract, to be paid to City
its certain attorney, its successors and assigns; for which payment, well and truly to be mal
we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly 2
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contract
their heirs, executors, administrators, successors or assigns, shall in all things stand to i
abide by, and well and truly keep and perform the covenants, conditions, and agreements
the Contract and any alteration thereof made as therein provided on their part, to be kept i
performed at the time and in the manner therein specified, and in all respects according to tE
true intent and meaning, and shall indemnify and save harmless the City of Carlsbad,
officers, employees and agents, as therein stipulated, then this obligation shall become null i
void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therel
there shall be included costs and reasonable expenses and fees, including reasonable attorne:
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs i
included in any judgment rendered.
Twenty Two Thousand Nine Hundred Seventy One
e
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Surety stipulates and agrees that no change, extension of time, alteration or addition to tl terms of the Contract, or to the Work to be performed thereunder or the specificatior accompanying the same shall affect its obligations on this bond, and it does hereb wail notice of any change, extension of time, alterations or addition to the terms of the 8 ontrac or to the Work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contract( shall not exonerate the Surety from its obligations under this bond.
Executed b CONTRACTOR this aisr Executed by SURETY this 30th day of
CONTRACTOR: SURETY:
(Name of Contr tor) (Name of Surety)
1 @’
day of &ckk&- ,199c\. October , 1994.
%?QU\ F. WA ,=LC- American Casualty Company of i?, l & E<&@ CNA Plaza; Chicago, IL 60685
, / (Address of Surety) By: JL+ c ign re)
Roy -E. LaAA 916-567-6412 - (print nameriere) (Tel B %\iQ-+ 0-c- BYF. bA,xMc ‘By.
(title and organization of signatory)
By: gavid K. Johnson
(sign here)
(print name here)
(title and organization of signatory)
Printed name of Attorney-in-Fact
(attach corporate resolution showing curre power of attorney)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one offiic
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate s1
emponering that officer to bind the corporation )
APPROVED AS TO FORM: RONALD R. BALL Citjr Attorney
By: % City Attorney c,
.I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On CXbb21, WiY before me, Ckf-&@UGCWh - ua.t-av_.) et
+AME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC DATE
personally appeared Ray Tz. Laah
NAME@) OF SIGNER(S)
Wpersonally known to me - OR - 0 proved to me on the basis of satisfactory evide
to be the person(s) whose name(s) is/
subscribed to the within instrument and
knowledged to me that he/she/they exec1
the same in his/her/their authori
capacity(ies), and that by his/her/tt
signature(s) on the instrument the persor
or the entity upon behalf of which
person(s) acted, executed the instruml
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could p
fraudulent reattachment of this form.
CAPACITY C LA1 M ED BY SIGNER DESCRIPTION OF ATTACHED DOCUMI
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 GENERAL
ATTORNEY -I N-FACT
0 GUARDIANKONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVI
01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Ave P 0 Box 71 84 Canoga Park, C
Aniefk8n Casualty Company of Reading, Pennsylvania
for All the Commitments You hlake'
!ccJChicrgo, Illinois
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
a
Know All Men by these Ptesents. That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. a corporation duly I
exi:jting under the laws of the Commonwealth of Pennsylvania. and having its principal office in the City of
State of Illinois. does hereby make. constitute and appoint Steuhendpr, wn - RrnUILztPn:
L Marilyn 30 Preston, David K. Johnson, Monica A. Wingate. Individuallv
of. Sacramento, California
- - In Unlimited Amounts -
F ..
-
its true and lawful Attorney-tn-Fact with full power and authority hereby conferred to sign. seal and execute in its behalf bonas. unc other obligatory instruments of similar nature
- - an$ to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and to the same extent as if such ins signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board the Company:
"Article VI - Execution of Obligations and Appointment of Attorney-in-Fact
Section 2. Appointment of Attorney-in-fact. The President or Vice President may. from time to time. appoint by written certific
in-fact to act in behalf of the Company in the execution of policies of insurance. bonds. undertakings and other obligatory insti nature. Such attorneys-in-fact. subject to the limitations set forth in their respective certificates of authority,shall have tu11 pov Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Presrdt President or the Boar0 of Directors may at any time revoke all power and authority previously given to any altorneym-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted b
"Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsirnili @ of attorney granted pursuant to Section 2 of Article VI of the By-Laws. and the signature of the Secretary or an Assistant Set
seal of the Company may be affixed by fascimile to any certificate of any such power, and any power or certificate bearing signatures and seal shall be valid and brnding on the Company. Any such power so executed and sealed and ceeified by certifici and sealed shall. with respect to any bond or undertaking to which rt is attached. continue to be valid and binding on the Con
in Witness Whereof. AMERICAN CASUALTY COMPANY OF EADING. PENNSYLVANIA has caused these presenrs to be sig
AMERICAN CASUALTY COMPANY OF READING. F
Directors of the Company at a meeting duly called and held on the 11th day of November, 1966:
President and its corporate seal to be hereto afftxed this 2Tst day of ebryarv
&$ .*ocT*lt,z
+c3L.-?%l( 0 J. E. Purtell V
0 PUBLIC Q
State of Illinois ) County Of Cook \ ss
*, . +-
On this 21st day of February . 192. before me
J. E. Punell. to me known. who. being by me duly sworn. aid aepose and say: that he resides in the Village of Glenview. State of li a Vice-President of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. the corporation described in the which exe instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal: that ptrrsuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to Ilk ac:knowledges same to be the act and deed of said corporation.
01 co** I\'-
CERTIFICATE
1, George R. Hobaugh, Assistant Secretary of AMERICAN CASUALTY COMPAN
Attorney herein above set tonh is still in force. and futher certify that Section 2 of Article VI of the By-Laws of the Company ai of the Board of Directors, set forth in said Power of Attorney are stlil in force. In testimony whereof I have hereunto subscrif atfixed the seal of the said Company this 20th --day Of octoSer ,1 ox.
*-\ /fF:%J yng +. 4-
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ir Ft.73142 D
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
C a 1 i f orn ia
S a c r a m e n t o
October 20. 1994beforeme,
personally appeared David K. Johnson
DATE
NAME@) OF SIGNER(S)
k&personally known to me - OR - 0 proved to me on the basis of satisfactory evider
to be the person(s) whose name(s) is/;
subscribed to the within instrument and i
knowledged to me that he/sheAhey execui
the same in his/her/their authoriz
capacityties), and that by his/her/th
signature(s) on the instrument the person(
or the entity upon behalf of which t
person(s) acted, executed the instrume
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prc
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEE
TITLE OR TYPE OF DOCUMENT TITLE(S)
[? GENERAL 0 AlTORNEY-IN-FACT NUMBER OF PAGES
GUARDIANKONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 Canoga Park, CA
4350 Auburn Blvd. #IO0
P.O. Box 417458
MENT WITH RESPECT TO WHIC
N IS SUBJECT TO ALL THE TER
OWNERS & CONTRACTORS PROT
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GE LIABILITY
PTION OF OPERATIONS~OCATIONSNEHICLES/SPECIAL ITEMS
West Carlsbad Boulevard Bridge Replacement--Contract No. 3349
tional Insured - Auto & General Liability - per Endorsements attached
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAN
POLICY NUMBER: GL1 12231585 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
.r
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
PJame of Person or Organization:
The City of Carlsbad
Schedule: West Carlsbad Boulevard Bridge Replacement--Contract No. 3349
no entry appears above, information required to complete this endorsement will be shown in the Declarations
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
The insurance provided herein is primary coverage to the additional insured(s) with respect to any insurance or
self-insurance programs maintained by the additional insured(s) and no insurance held or owned by the additional
insured shall be called upon to contribute to a loss.
The inclusion of more than one insured shall not operate to impair the rights of one insured and the coverage
shall apply as though separate policies had been issued to each insured, but the inclusion of more than one
insured shall not operate to increase the limits of the company's liability.
30 days written notice of cancellation will be sent by certified mail.
a! applicable to this endorsement.)
a@+L
CG 20 10 11 85 Copyright, Insurance Services Office, Inc. 1984 e
.I
POLICY NUMBER: A1 12231571
'THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
ADDITIONAL INSURED
The City of Carlsbad a
SCHEDULE (LOCATION)
West Carlsbad Boulevard Bridge Replacement--Contract No. 3349
WHO IS AN INSURED (SECTION ii) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN
IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY ARISING OUT OF:
A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION DESIGNATED, AND FOR CLAIMS ARISING OUT
OF THE OPERATION, MAINTENANCE, OR USE OF A COVERED AUTO.
30 DAYS WRITEN NOTICE OF CANCELLATION WILL BE SENT BY CERTIFIED MAIL.
(3a!,< di!t
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1 B-3
OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
1''
This Escrow Agreement is made and entered intc by and between the City of Carlsbad who:
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called Tit>
and whose address is -
hereinafter called "Contractor" and
whose address is
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hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree i
~OIIOWS:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, tl
contractor has the option to deposit securities with the Escrow Agent as a substitute fc
retention earnings required to be withheld by the City pursuant to the Constructio
Contract entered into between the City and Contractor for in tl:
amount of dated (hereinafter referred to i
the "Contract"). Alternatively, on written request for the contractor, the owner sha
make payments of the retention earnings directly to the escrow agent. When tl
Contractor deposits the securities as a substitute for Contract earnings, the Escro
Agency shall notify the City within 10 days of the deposit. The market value of tl
securities at the time of the substitution shall be a least equal to the cash amount othi
required to be withheld as retention under the terms of the contract between the Cil
and Contractor. Securities shall be held in the name of the , and sha
designate the Contractor as the beneficial owner.
The City shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contrac
provisions, provided that the Escrow Agent holds securities in the form and amoui
specified above.
When the City makes payment of retentions earned directly to the escrow agent, tl
escrow agent shall hold them for the benefit of the contractor until such time as t€
escrow created under this contract is terminated. The contractor may direct tl
investment of the payments into securities. All terms and conditions of this agreemei
and the rights and responsibilities of the parties shall be equally applicable and bindir
when the City pays the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurred by tl
Escrow Agent in administering the Escrow Account and all expenses of the City. The
expenses and payment terms shall be determined by the City, Contractor and Escro
Agent.
2.
3.
4. 5
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5. The interest earned on the securities or the money market accounts held in escrow a:
all interest earned on that interest shall be for the sole account of Contractor and shi
be subject to withdrawal by Contractor at any time and from time to time witho
notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in tl
Escrow Account only by written notice to Escrow Agent accompanied by writtc
authorization from City to the Escrow Agent that City consents to the withdrawal of tl
amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default by tl
Contractor. Upon seven (7) days written notice to the Escrow Agent from the City I
the default of the Contractor, the Escrow Agent shall immediately convert the securitit
to cash and shall distribute the cash as instructed by the City.
Upon receipt of written notification from the City certifying that the Contractor hi
complied with all requirements and procedures applicable to the Contract, EscroT
Agent shall release to Contractor all securities and interest on deposit less escrow fee
and charges of the Escrow Account. The escrow shall be closed immediately up0
disbursement of all monies and securities on deposit and payments of fees and charge!
Escrow Agent shall rely on the written notifications from the City and the Contractc
pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractc
shall hold Escrow Agent harmless from Escrow Agent's release and disbursement c
the securities and interest as set forth in above.
I a,
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7.
8.
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....
....
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10. The names of the persons who are authorized to give written notices or to receii
written notice on behalf of the City and on behalf of Contractor in connection with tl
foregoing, and exemplars of their respective signatures are as follows:
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Name I
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Signature
Address
Title For Contractor:
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escro
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper office
on the date first set forth above.
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For City: Title 1
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Name
Signature
Address
For Contractor: Title
I Name
Signature
Address
For Escrou. Agent: Title
Name
Signature
Address
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RELEASE FORM
THIS FORM SHALL BE SUBMITTED AND APPROVED PRIOR TO APPROVAL (
1 ”
1 MONTHLY PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges upon payment in the full amount specific
all compensation of whatever nature due the Contractor for all labor and materials furnishc and for all work performed on the above-referenced project for the period specified above wi
the exception of contract amounts and disputed work or claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
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DISPUTED WORWCLAIMS
DESCRIPTION OF DISPUTED WORWCLAIM AMOUN CLAIMED 1. fOR ESTIMATE)
The Contractor further expressly waives and releases any claim the Contractor may have, ( whatever type or nature, for the period specified which is not shown as disputed worldclair
on this form. This release and waiver has been made voluntarily by Contractor without an
fraud. duress or undue influence by an person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and wor
due Subcontractors for the specified period will be paid according to Public Contract Cod
Section 20104.50 and Business and Professions Code Section 7108.5 and that the partie
signing below on behalf of Contractor have express authority to execute this release.
DATED:
I
PRINT NAME OF CONTRACT01
DESCRIBE ENTITY (Partnership
Corporation, etc.)
By:
Title:
By:
Title:
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1.
SPECIAL PROVISIONS
PART 1. SUPPLEMENTARY GENERAL PROVISIONS TO
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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SECTION 1-1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS: Modif Section 1 of Standard Specifications as follows:
To Section 1-1, add: I A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar impoi
are used, it shall be understood that reference is made to the Plans accompanying thes
provisions, unless stated otherwise. I B. Directions:
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I Engineer," unless stated otherwise.
Where words "directed," "designated," "selected," or words of similar import are used, it sha
be understood that the direction, designation or selection of the Engineer is intended, unles
stated otherwise. The word "required" and words of similar import shall be understood t
mean "as required to properly complete the Work as required and as approved by th
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar impoi
are used, it shall be understood such words are followed by the expression "in the opinion c
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, c
similar import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at herhis expense, shal
perform all operations, labor, tools and equipment, and further, including the furnishing an(
installing of materials that are indicated, specified or required to mean that the Contractor, E
herhis expense, shall furnish and install the Work, complete in place and ready to use
including furnishing of necessary labor, materials, tools, equipment, and transportation.
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1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency or City - the City of Carlsbad, California.
Consultant or Consulting Engineer - Moffatt & Nichol, Engineers and their subcontracted
specialist consultants.
Department of Transportation - shall be deemed to mean the City of Carlsbad, California
for all issues of this contract, except where the work is on the California Department of
Transportation right-of-way.
Engineer - the Project Manager for the City of Carlsbad or his approved representative.
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 - Construction equipment that the Contractor owns or leases and uses to
accomplish the Work. Equipment that is owner operated is not part of the Contractor's Own
Organization and will not be included for the purpose of compliance with section 2-3.1 of these
contract documents.
Owner Operator - Any person who operates equipment or tools used in completing the Work
who is employed by neither the Contractor nor a subcontractor and is neither an agent or
eniplojree of the Agency or a public utility.
Primary Equipment - Any equipment, with attachments, having an hourly rental rate in equal
to or more than $100.00 per hour as listed in the California Department of Transportation
(Caltrans) publication titled, "Labor Surcharge and Equipment Rental Rates" which is in effecl
at the time the equipment is listed or used.
Supervisory Personnel - Any person within the Contractor's employ engaged in the Work thal
has duties principally involving the direction, supervision, evaluation and selection of the
Contractor's work force. Supervisory Personnel typically includes superintendents, assistant
superintendents and foremen.
SECTION 2 - SCOPE AND CONTROL OF THE WORK:
Modify Section 2 of Standard Specifications as follows:
2-3.1 General
h4odify the seventh paragraph to read as follows:
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Except as specified in this section the Contractor shall perform, with its own organizatio
Contract Work amounting to at least 50 percent of the Contract price. Within the meaning
this section Contract Work shall include all of the elements used to complete the constructic
of discrete portions of the Work. A discrete portion of the Work is a single bid item and i
of the costs associated with the labor, equipment and materials used to construct or install t:
bid item, the individual components of labor, equipment or materials that are used to construl
or install a bid item shall be the contract unit price extended by the quantity of uni
completed. The performance of the actual labor involved in the installation or construction (
an item is the principal indicator of what force the work is performed by. As an example, tl
individual cost of material can not be separated from the cost of the labor necessary .
construct or install the material when computing the percentage of Contract work performe
by the Contractor’s own forces.
Add the following:
2-3.3 Subcontractor Items of Work
Where bid item or any portion of a bid item of the Work is subcontracted, the amount of th
subcontract shall include all labor, materials, and equipment required to complete th
subcontracted bid item or portion of the item designated. Where only a portion of the Wor
required to complete the bid item is to be performed by subcontract and what portion th
Bidder proposed to perform. The value of material incorporated in any subcontracted bid iter
that is supplied by the Contractor shall not be included as any part of the portion of the Wor
that the Contractor is required to perform with its own forces.
2-3.4 Owner Operators
The Bidder shall stipulate in the bid documents what portion of the Work required to completc
any bid item is to be performed by owner operated equipment. The value of work in exces!
of 0.5 percent of the Contract Price or $10,000.00, whichever is the greater, completed b;
owner operated equipment shall not be included as any part of the portion of the Work that thi
Contractor is required to perform with its own forces.
2-3.5 Penalties and Remedies
Should the Contractor fail to adhere to the provisions of Sections 2-3.3 or 2-3.4, preceding thl
City may at its sole option elect to cancel the contract or to deduct an amount equal to I(
percent of the value of the work performed in contravention of said sections from payment
that would otherwise be due to the Contractor all in accordance with Section 41 10 of thc
California Public Contracts Code.
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2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in tht
latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraphs three and four to read:
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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 the
amount of 100 percent of this contract price and the payment bond shall be in the amount of 50
percent of the contract price. Both bonds shall extend in full force and effect and be retained by
the city during the course of 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
35 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 city engineer. The payment bond shall be released six months plus 35 days after recordation
of the Notice of Completion if all claims have been paid.
Add the following:
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 unrevoked appointment, power of attorney, by
laws, or other instrument entitling or authorizing the person who executed the bond to
do so.
A certjfied copy of the certificate of authority of the insurer issued by the insurance
commissioner. 2)
If the bid is accepted, the City 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.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the Work include: 1) the Standard SDecifications for Public Works
Construction, (SSPWC), 1991 Edition, and the latest supplements hereinafter designated Standard
Specifications, as issued by the Southern California Chapter of the American Public Works
Association: Part 1 only; 2) Caltrans Standard Specifications (July 1992), as modified by the
Special Provisions, for all construction and other items as described therein; and 3) additional
provisions included in Part 3 Special Provisions described herein.
The Construction PIans consist of 20 sheet(s) approved by the City of Carlsbad.
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Copies of pertinent Standard Drawings are available at the City of Carlsbad, City Engineer
Office.
2-5.3 Shop Drawings
To Section 2-5.3, Shop Drawings, add:
In addition to the shop drawing requirements listed in the table in Subsection 2-5.3, inch
the following subjects:
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Chain Link Fence, General
Layout Contractor’s Work Area 1 Fuel Storage Facility
Where installation of work is required in accordance with the product manufacturer’s directior
the Contractor shall obtain and distribute the necessary copies of such instruction, includin
four (4) copies to the City of Carlsbad.
The additional Drawings and instruction thus supplied will become a part of the Contrac
Documents. The Contractor shall carry out the Work in accordance with the additional deta
Drawings and instructions.
When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’:
certification that he has reviewed, checked and approved the Shop Drawings and that they ari
in conformance with the requirements of the Contract Documents. The following Contractor’:
certification shall appear on all submittals:
“It is hereby certified that the (equipment, material) shown and marked in this submitta
is that proposed to be incorporated into this Project. is in compliance with the Contrac
Documents. can be installed in the allocated spaces, and is submitted for approval.
Certified by:
Date
The following procedures will apply to Shop Drawing submittals:
a. All Shop Drawings or submittals shall be complete, certified by the Contractor.
and shall contain all required information in detail. This includes instruction anc
maintenance manuals and parts lists of all major equipment furnished. Data ir
these manuals shall cover completely all items as specified and as supplied. Thc
Contractor shall make all necessary corrections to the submittals required by thc
Engineer.
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b. When approved by the Engineer, each copy of the submittals will be stamped
signed, and dated by the Engineer.
Three (3) sets of these reviewed Drawings will be returned to the Contractors.
The approval of the Drawings shall not be construed as a complete check, but
will indicate only that the general method of construction and detailing is in
general conformance with the project intent.
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d.
To Section 2-5, add:
2-5.4 Record Drawincs
The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent
sepias, which shall be corrected 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 City 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 upon completion of the work.
2-6 Work to be Done
Add the following paragraphs to Section 2-6:
Materials. supplies or equipment to be incorporated into the Work shall not be purchased by
the Contractor or the Subcontractor subject to a chattel mortgage or under a conditional sale
contract or other agreement by which an interest is retained by the seller.
Whenever under this Agreement it is provided that the Contractor shall furnish materials or
manufactured articles, or shall do Work for which no detailed specifications are set forth, the
materials or manufactured articles shall be of the best grade in quality and workmanship
obtainable in the market from firms of established good reputation, or, if not ordinarily carried
in stock. shall conform to the usual standards for first class materials or articles of the kind
required, Lvith due consideration of the use to which they are to be put. In general, the Work
performed shall be in full conformity and harmony with the intent to secure the best standard
of construction and equipment of the Work as a whole or in part. All equipment, materials, and
supplies to be incorporated in the Work shall be new, unless otherwise specified.
2-9 SURVEYING
Modif11 Section 2.9 as follows:
The Contractor shall hire and pay for the services of a land surveyor licensed in the State of
California. hereinafter surveyor, to perform all work necessary for establishing construction
staking. and determining payment quantities for roadway excavation, imported borrow and
dredging as directed by the Engineer.
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Two sets of grade sheets shall be provided to the City prior to work commencing in a give
area. One set of field notes for all surveying required herein shall be provided to the Cii
within ten days of performing the survey.
The minimum survey requirements are as follows:
Stakes shall be set at 50 foot intervals as measured along the project stationing unless a lesse
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Rough sub-grade stakes on slopes shall be set at top of cut, toe of fill, or slope catch point an
crown line where no median exists. Large slopes shall have a line point set to aid i
construction of the slope.
Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curt
Finish sub-grade stakes for sub-base for the roadway section shall be set at edge of pavemer
and top of curb.
Finish sub-grade stakes for the aggregate base for the roadway section shall be at 25-foo
intervals at edge of palrement and top of curb and crown line where no median exists
Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot interval:
by either the surveyor or Contractor.
Finish rock grade stakes shall be at 25-foot intervals at top of curb, edge of pavement, and a1
crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curl
shall be set at 15-foot intervals.
Storm drain staking shall be done at 25-foot intervals.
centerline and each end of the local depression.
Curbs and/or curbs and gutter shall be staked at 25-foot intervals, center line of driveways, and
1/4, 1/2, 3/4 delta on returns.
Fills to finish grade at 25-foot intervals by the paving pass width shall be painted on the
pavement prior to the first and last lift of asphalt on variable thickness pavement overlays
requiring leveling courses. Paving pass width shall be as approved by the Engineer.
Intersections showing specific finished asphalt grids shall be painted per the grid.
Staking for location and grade for any traffic signal locations not currently being built to
ultimate design (i.e., no PCC curb returns).
The surveyor shall mark the removal limits and limits of work line shown on the plans. The
markings shall be completed by the surveyor and inspected by the Engineer prior to the start
of construction in the area marked.
Centerline monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory
to the Engineer filed with the County in accordance with the Professional Land Surveyors Act.
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Catch basins shall be staked at
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Water line stakes shall be set to top of pipe on main line and lateral tangents and 25-foot
intervals on curves; all fittings, appurtenances, and hydrants locations with future elevations
shall be staked.
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2-12 CROSS SECTION DATA
Twelve 3 1/2 -inch diskettes, in AutoCad ver. 12.0, of the available pre-construction survey
and proposed dredging and grading plan is available at the City of Carlsbad and City of Los
AngeIes Harbor Department. Copies of the diskettes are available by the Bidder or the
Contractor at their own expense. This data can be used to generate cross section data. Any
additional cross section data shall be obtained by the Bidder or the Contractor at their own
expense. This data was prepared for the City’s use as a design tool. No representation is
made as to the suitability of the data for any use by the Bidder or Contractor. No
representation as to the accuracy or completeness of the data is made by the City. The data
shall not be used to substitute for the survey requirements of Section 300-2.9 of the Standard
Specifications as modified by the Special Provisions of the contract documents. The cross
sections may be used by the City to review information provided by the Contractor. Bidders
and the Contractor are urged to verify the suitability of the data for the purpose(s) that they
may use it.
SECTIOIV 4 - CONTROL OF MATERIALS:
Add to Section 4-1, General:
All materials proposed for incorporation into the Work shall be accompanied by and identified
xvith a certificate from the supplier attesting that the materials provided meet or exceed the
specified requirements. The certificate shall be signed by an officer of the supplier or
manufacturer. See Part 2 of these Special Provisions for additional information.
Modify Section 4 of Standard Specifications as follows:
4-1 ItlATERIALS AND WORKMANSHIP
To Section 4-1.3.. 1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representative. Thc
Engineer shall have free access to any or all parts of work at any time. Contractor shal
furnish Engineer with such information as may be necessary to keep herkim fully informec
regarding progress and manner of work and character of materials. Inspection of work shal
not believe Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testin:
materials and/or workmanship where the results of such tests meet or exceed the requirement
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indicated in the Standard Specifications and the Special Provisions. The cost of all other te,
shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of the materials proposed f
inclusion in the work shall be approved by the Engineer before the delivery is started. P
materials proposed for use may be inspected or tested at any time during their preparation a1
use. If, after trial, it is found that sources of supply which have been approved do not furni!
a uniform product, or if the product from any source proves unacceptable at any time, tl
Contractor shall furnish approved material from other approved sources. After improp
storage, handling or any other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans and tl
Standard Specifications. Compaction tests may be made by the City and all costs for tests thr
meet or exceed the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the Work as deemed necessary by the Enginee
The costs of any retests made necessary by noncompliance with the specifications shall t:
borne by the Contractor.
Add the following section:
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I @ 4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans or specification:
upon written order by the Engineer. Any cost caused by reason of this nonconforming worl
shall be borne by the Contractor. 1 SECTION 5 - UTILITIES:
Modify Section 5 of Standard Specifications as follows:
5-1 LOCATION 1 Add the following:
The City of Carlsbad 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 of completeness of the utilities indicated on the Plans is not
guaranteed. The Contractor shall notify the following agencies forty-eight (48) hours prior to
construction:
Leucadia Water District 619-753-0155
San Diego Gas & Electric 619-438-6200
Pacific Bell 619-586-3882
Underground Service Alert 1-800-422-4133
Daniels Cable Vision 6 19-438-774 1
Carlsbad Municipal Water District 6 1 9-43 8-3367
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619-283-651 1
619-438-3891
61 9-688-3392
214-91 8-1 967
619-438-2675
Santa Fe Pacific Pipelines, Inc.
City of Carlsbad Inspection Department
California Department of Transportation
MCI Metro, ATS
California Department of Parks & Recreation
5-4 RELOCATION
Add the following:
The temporary or permanent relocation or alteration of utilities, including service connection,
desired by the Contractor for hisher own convenience shall be the Contractor’s own
responsibility, and heishe shall make all arrangements regarding such work at no cost to the
City. If delays occur due to utilities relocations which were not shown on the Plans, it will be
solely the City’s option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities which interfere with the construction. the Contractor, upon request to the City, may be
permitted to temporarily omit the portion of work affected by the utility. The portion thus
omitted shall be constructed by the Contractor immediately following the relocation of the
utility inlrolved unless otherwise directed by the City.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK:
Modify Section 6 of Standard Specifications as follows:
6-1 COKSTRUCTION SCHEDULE
This section is modified by, Progress Schedule (Critical Path) and Order of Work in Part 2 of
these Special Provisions.
PHASE CONSTRUCTION:
This bridge replacement project must be worked in conjunction with the lagoon
enhancement project as though the two projects are one. The lagoon enhancement
project consists, in general, of dredging, least tern nesting site construction, lagoon side
slope shaping and protection, lagoon tidal channel construction and jetty construction,
planting and lagoon water level management. The water level control pipeline will be in
the San Marcos Creek Channel during bridge removal and construction. Construction
documents for the lagoon enhancement project are available at the City of Carlsbad an(
the City of Los Angeles Harbor Department.
COORDINATION
The Contractor shall coordinate and cooperate with a11 the utility companies during th
relocation or reconstruction of their lines. The Contractor may be granted a time extension i
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in the opinion of the Engineer, a delay is caused by the utility company. compensation will be made to the Contractor for any such delay. No addition
6-5 TERMINATION OF CONTRACT
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Grounds for termination of the contract by the City include failure of the City or Contract(
to obtain necessary permits from other governmental agencies, or unreasonable delay cause
by enforcement of laws and regulations by other public agencies, including but not limited tl
enforcement of the Endangered Species Act and other similar laws.
6-6.3 Payment for Delays to Contractor
The City shall not liable for delay caused by the enforcement of laws and regulations by 0th
public agencies, including but not limited to, enforcement of the Endangered Species Act an
other similar laws.
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6-7 TIME OF COMPLETION
Add the following:
The Contractor shall begin work within 15 calendar days after the contract has been approve
by the City Council or the City Attorney. Contractor shall diligently prosecute the Work t\
completion within 150 working days beginning on the fifteenth calendar day after approval o
the contract.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. an(
sunset, from Mondays through Fridays. The contractor shall obtain the approval of thl
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of thc
Engineer. This written permission must be obtained at least 48 hours prior tc such work. The
Contractor shall pay the inspection costs of such work.
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6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" anc
any faulty work or materials discovered during the guarantee period shall be repaired or
replaced by the Contractor, at his expense. Twenty- five percent of the faithful performance
bond shall be retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES
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If the completion date is not met, the contractor will be assessed the sum of Six Hundred
Dollars ($600.00) per day for each calendar day beyond the completion date as liquidated
damages for the delay. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 - RESPONSIBILITIES OF CONTRACTOR
Modify Section 7 of Standard Specifications as follows:
7-3 LIABILITY INSURANCE
Add the following:
A11 insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of
at least A-:V and are 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.
7-4 \VORKERS' COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are 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 PER3'IITS
Subsection 7-5, Permits of the Standard Specifications is expanded by provisions in Part 2,
Special Provisions to the California Department of Transportation Standard Specifications.
7-5.1 Time of Completion
Attention is directed to Section 6-7, "Time of Completion," of the Standard Specifications.
Days during which the Contractor's operations are restricted by permitting Agencies'
requirements shall be considered to be nonworking days if these restrictions are in addition to
restrictions stated in the permits, and cause a delay in the current controlling operation 01
operations.
7-7 COOPERATION AND COLLATERAL WORK
Add the following:
Leucadia Co. Water District, Pacific Bell Telephone Company, and others will be installing
relocating, repairing and maintaining their respective facilities and the Contractor shal
cooperate in coordinating and allowing access to the work site. The Contractor is advised tha
The Gas Company will be relocating a 12" gas transmission main, and SDG&E will bt
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relocating a 4" gas transmission main within the limits of work. The 4" gas transmission lil
will be removed from service for the project duration, but not to exceed a period of 7 month
Contractor shall notify the following listed utilities not less than 20 working days prior
commencing work in the vicinity of their facilities.
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The Gas Company Larry Jacquez (3 10) 578-2643
Southern California
Gas Company
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San Diego Gas and John MacDonald (6 19) 696-1 895 Electric Company
Pacific Bell Marjurie Bowen (619) 586-3882
Throughout the duration of this project the lagoon water level control pipeline will be in th
San Marcos Creek channel. The Contractor shall cooperate with the contractor constructin
the Batiquitos Lagoon Enhancement Project and shall include the cost of this cooperation i
the prices bid for the various contract items of work involved.
No pile driving associated with bridge construction shall be allowed during the least ter
nesting season (April 1 to September 15). Pile driving may be allowed prior to September 1
if nesting activity has ceased upon concurrence of CDFG and USFWS and the Engineer.
Final access routes as included on the Plans, and approved by EPA, CDFG, USFWS an
NMFS, shall be strictly adhered to by the Contractor.
There shall be no Incidental Take of the California least tern (adults. chicks, or eggs) c
California brown pelican. The Contractor shall immediately cease all work and mak
notification, as specified below, if any Incidental Take of these Federally listed endangerec
species occurs. The Contractor shall immediately report by telephone to the Corps o
Engineers Regulatory Branch (213) 894-5606, the U.S. Fish and Wildlife Service (714) 643
4270, if Incidental Take occurs. The Contractor, in conjunction with the Engineer shall prepart
a written report, to be submitted to the Corps and Service, which shall include the date
locations, and circumstances surrounding the taking and the dispositions of the individual:
taken. An endangered species injured or killed as a result of the permitted activity shall bt
retrieved for scientific purposes or rehabilitation, and shall be turned over to the CDFG.
In the event that a previously undiscovered archeological deposit is found, all construction
activities in the immediate area shall halt. The Corps and the Engineer shall be notifiec
immediately so that appropriate avoidance, preservation, or mitigation measures can bc
developed and implemented in accordance with 36 CFR 800.1 1.
7-8 PROJECT SITE MAINTENANCE
Add the following to Section 7-8.1, Cleanup and Dust Control:
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Cleanup and dust control shall be executed even on weekends and other non-working days at
the City's request.
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 City Noise Control Ordinance
No. 3109, Carlsbad Municipal Code, Chapter 8.48.
This section is modified by, Project Appearance in Part 2 of these Special Provisions.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-1 0.3 Street Closures, Detours, Barricades
Add to the first paragraph of 7-10.3, Street Closures, Detours, Barricades:
The Contractor shall conduct a site construction meeting prior to starting each phase of the
Work, with the Engineer present. The prephase site construction meeting shall be set up to the
satisfaction and subject to the approval of the Engineer and conducted by the Contractor prior
to the beginning of work on each major work phase. These meetings are intended to help
improve the quality of construction, personnel safety on the project site, and safety of the
traveling public. These meetings shall include all subcontractors connected with the particular
phase.
At each meeting, the Contractor shall indicate its current schedule for the phase, discuss
maintenance of traffic, traffic control, project site personnel safety, compliance with the plans
and specifications including quality construction, and all other pertinent subjects. The number
of prephase site construction meetings will be determined at the preconstruction conference.
No additional payment will be made for these meetings.
Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department
of Transportation "Traffic Manual", and these Special Provisions. In the event that the
Contractor fails to install barricades or such other warning devices as may be required by the
Engineer, the City may, at its sole option, install the warning devices and charge the Contractor
$20/daylwarning device.
Traffic Control Plans (TCP) shall be submitted to the City for approval for any construction
activities which do not fall within the Traffic Control Staging Plans for this project. Devices
required to implement these TCPs shall be furnished installed and removed as a portion of the
lump sum price paid for traffic control system.
Unless otherwise approved in writing by the Engineer, the hours of work shall be between the
hours of 7:OO a.m. and 4:OO p.m. from Mondays through Fridays. The contractor shall obtain
the written approval of the Engineer if it desires to work outside the hours state herein,
excluding City holidays.
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Contractor is hereby advised that the City of Carlsbad will require after hours and weekend worl
on a interim basis to accomplish revisions and repairs to the traffk control system, perimete
fencing and other similar work required to protect the public, the wildlife and the work.
Contractor may work during Saturdays and City holidays only with the written permission of thi
Engineer. This written permission must be obtained at least 48 hours prior to such work.
This section is modified by Part 2, Section 10, Maintaining Traffic, Traffic Control System fo
Lane Closure, Traffic Control System for Traffic Striping, Temporary Pavement Delineation
Temporary Railing and Temporary Crash Cushions of these Special Provisions.
7-10.4 Public Safety
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7-1 0.4.4
The Contractor shall take all necessary precautions for the safety of employees on the Work sit(
and shall comply with all applicable provisions of Federal, State and Municipal safety laws anc
building codes to prevent accidents or injury to persons on, about, or adjacent to the premise!
where the Work is being performed. Contractor shall erect and properly maintain at all times
all necessary safeguards for the protection of workers, the public, and the Work, and shall posl
signs warning against hazards created by features of construction including but not limited to:
protruding nails, hoists, excavations and falling materials.
Safety and Protection of Workers and Public
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Add the following to Subsection 8-2.1, CLASS "A" FIELD OFFICE:
Contractor shall furnish a "Class A" Field office per Section 8 of the SSPWC.
The integral sanitary facilities may be separate enclosed toilets per Section 7-4.4. Furnishings are
subject to agency approval.
Contractor shall furnish a water cooler to have hot and chilled water. If Contractor will be
storing fuel onsite, Contractor will provide the required spill containment plan and appropriate
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I Field office shall have a 24" x 36" sign affixed near the door. The sign shall be white background
with blue lettering and shall read:
CITY OF CARLSBAD
PROJECT INSPECTION OFFICE
and shall have a City seal affixed to it. Contractor will be supplied the seal by the City.
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9-3 PAYMENT
This section is modified by, Payments and Final Pay Quantities, Part 2, Section 5, of these
Special Provisions.
9-3.4 Mobilization
Add the foIlowing:
9-3.4.1 Mobilization and Preparatory Work
Payment for mobilization and preparatory Work, and demobilization will be made at the lump-
sum price bid in the schedule. The Contract lump-sum price paid for mobilization shall not
exceed One Hundred Thirty Two Thousand Dollars ($132,000) and will include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing
all the work involved in mobilization, preparatory Work and operations, including, but not
limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals
to the project site; coordination with the Batiquitos Lagoon Enhancement Project Contractor
and utility companies; water supply, field office, buildings and other facilities necessary for
work on the project and for all other work and operations which must be performed or costs
incurred prior to beginning work on various contract items on the project site. Contractor shall
submit a breakdown of the mobilization and preparatory work, and demobilization to allow for
progress payments when specific items are completed. Payment for mobilization and
preparatory work, and demobilization will be based on this breakdown and the Contractor will
be paid up to 75% of the Contractor’s bid amount for mobilization and preparatory work.
Payment for the balance of the bid amount will be made when demobilization and final cleanup
is completed.
SECTION 10 - WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction
under this contract. The Contractor shall contact the appropriate water agency for
requirements. The Contractor shall incIude the cost of water and meter rental within
appropriate items of the proposal. No separate payment will be made.
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1 0 1 - 1.03 Acceptance us
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PART 2. SPECIAL PROVISIONS TO
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
STANDARD SPECIFICATIONS !e
SECTION 1 SPECIFICATIONS AND PLANS
1-1.00 GENERAL;--The work embraced herein shall be done in accordance with the Standa
Specifications dated July, 1992, and the Standard Plans dated July 1992, as the same may app
and in accordance with the following Special Provisions.
In case of conflict between the Standard Specifications and these Special Provisions, tl
Special Provisions shall take precedence over and be used in lieu of such conflicting portion
The following subsections of this Section 1 list the administration provisions of the Standai
Specifications and identify their status as; NA - not applicable to this contract or USE - u:
as part of this contract.
1-1.01 STANDARD SPECIFICATIONS SECTION 1 - DEFINITIONS AND TERM
1-1.01 General us
1- 1.02 Abbreviations us
1-1.04 Blank N1
1-1.05 Base Ni
1 - 1.06 Basement Material us
1-1.07 Bidder N,
1 - 1.08 Bridge us
1-01.085 Conduit us
1 - 1.09 Contract Nf
1- 1.10 Contractor Ni
7-1.11 Culvert us
1-1.12 Days N1
1 - 1.13 Department Ni
1-1.14 Detour us
1-1.15 Director Nf
I -I. 16 Divided Highway us-
1-1.17 Blank Nt’
1-1.18 Engineer NLi
1. - 1 - 19 Engineers Estimate us1
1 - 1.20 Federal Agencies USI
1-1.21 Fixed Costs us1
1-1.22 Frontage Road us1
1-1 -23 Grading Plans USI
1-1.24 Highway us1
1 - 1 -25 Laboratory N/
1-1.255 Legal Holidays USI
1 - 1.26 Liquidated Damages us1
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1-1.265 Manual of Traffic Controls USE
1-1.27 Median USE
1 - 1.28 Pavement USE
1-1.29 Plans NA
1 - 1.30 Processing
1-1.3 1 Proposal NA
1-1.32 Proposal Form USE
1-1.33 Proposal Guaranty USE
1 - 1.34 Roadbed USE
1 - 1.35 Roadway USE
1 - 1.3 6 Shoulders USE
1- 1.37 Special Provisions USE
1-1.38 Specifications NA
1-1.39 State NA
1-1.40 State Contract Act USE
1-1.41 Subbase USE
1 - 1.42 Subgrade NA
1-1.43 Substructure USE
1-1.44 Superstructure USE
1 - 1.45 Surfacing USE
1-1.46 Traffic Lane USE
1 - 1.47 Traveled Way USE
1-1.48 Work NA
1-1.02 STANDARD SPECIFICATIONS SECTION 2 - PROPOSAL
REQUIREMENTS AND CONDITIONS
2-1.01 Contents of Proposal Forms USE
2-1.02 Approximate Estimate USE
2-1.03 USE
2-1.04 Blank NA
2- 1.05 Proposal Forms NA
2-1.054 Required List of Subcontractors USE
2-1.056 State Employees and Design Engineers May Not Bid on
Construction Contract USE
2-1.06 Rejection of Proposals USE
2-1.07 Proposal Guaranty USE
2-1 .OS Withdrawal of Proposals USE
2-1.09 Public Opening of Proposals USE
2-1.095 Relief of Bidders USE
2-1 .IO Disqualification of Bidders USE
2-1 .I 1 USE
2-1.108 USE
2- 1.1 1 Ineligibility to Contract USE
2- 1.12 Material Guaranty USE
Examination of Plans, Specifications, Contract and Site of Work
Previous Disqualifications, Removal, or Other Prevention of Bidding
Compliance with Orders of the National Labor Relations Board
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1-1.03 STANDARD SPECIFICATIONS SECTION 3 - AWARD AND EXECUTIOI
OF CONTRACT
3-1.01 Award of Contract N
3-1.02 Contract Bonds N
3-1.03 Execution of Contract us
3- 1.04 Failure to Execute Contract us
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I 1-1.04 STANDARD SPECIFICATIONS SECTION 4 - SCOPE OF WORK
4-1.01 Intent of Plans and Specifications us1
4-1.02 Final Cleaning Up us1
4-1.03 Changes Nt
4- 1.03A Procedures and Protest Nt
4-1.03B( 1) Increases of More than 25 Percent Nt
4-1.03B(2) Decreases of More than 25 Percent Nt
4-1.03Bp) Eliminated Items Nl
4-1.03C Changes in Character of Work Nr
4-1.03D Extra Work N1
4-1.05 Use of Materials Found in the Work US€
1-1.05 STANDARD SPECIFICATIONS SECTION 5 - CONTROL OF WORK
5-1.01 Authority of Engineer US€
5-1.02 Plans and Working Drawings US€
5-1.02A Trench Excavation Safety Plans USE
5- 1.03 Conformity lvith Contract Documents and Allowable Deviations US€
5- 1.04
and Special Provisions NL
5-1.05 Order of Work us1
5-1.06 Superintendence Nk
5-1.07 Lines and Grades Nil
5-1 -08 Inspection NP
5-1.09 Removal of Rejected or Unauthorized Work USE
5-1.10 Equipment and Plants USE
5- 1.1 1 Alternative Equipment USE
5-1.1 15 Alternative Methods of Construction USE
5- 1.12 Character of Workmen NP
5- 1.14 Cost Reduction Incentive
Coordination and Interpretation of Plans, Standard Specifications,
5- 1.1 16 Differing Site Conditions NP
5- I. 13 Final Inspection NP ‘I,
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1-1.06 STANDARD SPECIFICATIONS SECTION 6 CONTROL OF MATERIALS
6-1.01 Source of Supply and Quality of Materials NA
6-1.02 State Furnished Materials (will need city) NA
6-1.03 Storage of Materials NA
6-1.04 Defective Materials NA
6-1.05 Trade Names and Alternatives NA
6-1.06 Plant Inspection NA
6-1.07 Certificates of Compliance USE
6- 1.08 Foreign Materials USE
6-1 -09 State Specification Numbers USE
6-2 Local Materials USE
6-2.0 1 General USE
6-2.02 Possible Local Material Sources USE
6-2.03 Mandatory Local Material Sources USE
6-3 Testing USE
6-3.01 General USE
6-3.02 Testing by Contractor USE
1-1.07 STANDARD SPECIFICATIONS SECTION 7 LEGAL RELATIONS AND
RESPONSIBILITIES
7-1.01 Laws to be Observed NA
7-1 .Ol A Labor Code Requirements NA
7-1.01 Fair Labor Standards Act USE
7-1.01C Contractor’s Licensing Laws USE
7-1.01D Vehicle Code USE
7-1.01E Trench Safety NA
7- 1 .O 1 F Air Pollution Control USE
7- 1 .O 1 G Water Pollution USE
7-1.01H Use of Pesticides USE
7-1.01 I Sound Control Requirements USE
7-1.01 J Assignment of Antitrust Actions USE
7-1.02 Weight Limitations USE
7-1.03 Payment of Taxes USE
7- 1.04 Permits and Licenses NA
7-1.05 Patents NA
7-1.06 Safety and Health Provisions USE
7-1.07 Blank NA
7-1 .OS Public Convenience USE
7- 1.09 Public Safety US€
7-1.10 Use of Explosives Nk
7- 1 .I 1 Preservation of Property US€
7-1.12 Responsibility for Damage US€
7- 1.14 Cooperation US€
7-1.13 Disposal of Material Outside the Highway Right-of-way USE
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7-1.15 Relief from Maintenance Responsibility US
7- 1.16 Contractor’s Responsibility for Work and Materials US
7-1.165 Damage by Storm, Flood, Tidal Wave or Earthquake US
7- 1.1 7 Acceptance of Contract N
7-1.18 Property Rights in Material US
7-1.19 Rights in Land and Improvements us
7-1.20 Personal Liability us
7- I .2 1 Repair of Equipment us
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7-1.22 Material Plants
1-1.08 STANDARD SPECIFICATIONS SECTION 8 - PROSECUTION AN
PROGRESS
8- 1 .O 1 Subcontracting N
8- 1.02 Assignment N
8-1.04 Progress Schedule Ni
8-1.05 Temporary Suspension of Work Ni
8-1.06 Time of Completion N1
8-1.03 Beginning of Work Ni
8- 1.07 Liquidated Damages Ni
8-1.09 Right of Way Delays Ni
8- 1.10 Utility and Non-Highway Facilities Nt
8-1.1 1 Termination of Contract Nt
1-1.09 STANDARD SPECIFICATIONS SECTION 9 - MEASUREMENT ANL
PAYMENT
9- 1 .O 1 Measurement of Quantities NP
9-1.02 Scope of Payment NP
9- 1.03 Force Account Payment Nf
9-1.04 Notice of Potential Claim NP
9-1.05 Stop Notices Nf
9- 1.06 Partial Payment Nr?
9-1.07 Payment after Acceptance Nf
9-1.08 Adjustment of Overhead Costs Nf
9- I .09 Clerical Errors USE I 9- 1-10 Arbitration NA
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PART 3: ADDITIONAL SPECIAL PROVISIONS
1-2 STANDARDPLANS
1-2.01 GENERAL;--This project will include work that is under the control or supervision of
agencies other than the City of Carlsbad, or utility owners, each of which may have standard
plans which must be used for their work.
1-2.02 BRIDGE WORK;--Bridge removal and construction, including related construction
shall conform to the referenced standard plans of Caltrans, July 1992, edition.
SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS
2-1 GENERAL;--The bidder's attention is directed to the provisions in Section 2, "Proposal
Requirements and Conditions," of the Standard Specifications and these Special Provisions for
the requirements and conditions which must be observed in the preparation of the proposal form
and the submission of the bid.
The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal
Guaranty," of the Standard Specifications will be found foliowing the signature page of the
proposal annexed hereto. It shall be properly filled out and executed.
In accordance with Public Contract Code Section 7106, a noncollusion affidavit is included in
the proposal. Signing the proposal shall also constitute signature of the noncollusion affidavit.
2-1.01 FEDERAL LOBBYING RESTRICTIONS;--Section 1352, Title 3 1) United States
Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient
of a Federal-aid contract to pay for any person for influencing or attempting to influence a
Federal agency or Congress in connection with the awarding of any Federal-aid contract, the
making of any Federal grant or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with
this Federal-aid contract, the recipient shall submit an executed certification and, if required,
submit a completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a
Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying
Activities," u7ith instructions for completion of the Standard Form is also included in the Proposal.
Signing the Proposal shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each
subcontract and any lower-tier contracts exceeding $1 00,000. All disclosure forms, but not
certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the
end of each calendar quarter in which there occurs any event that requires disclosure or that
materially affects the accuracy of the information contained in any disclosure form previously
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filed by the Contractor, subcontractors and any lower-tier contractors. An event that material1
affects the accuracy of the information reported includes:
a. A cumulative increase of $25,000 or more in the amount paid or expected to 1
paid for influencing or attempting to influence a covered Federal action; or,
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b. A change in the person(s) or individuals(s) influencing or attempting
influence a covered Federal action; or,
A change in the officer(s), employee(s), or member(s) contacted to influence (
attempt to influence a covered Federal action.
c.
2-1.02 DISADVANTAGED BUSINESS;--This project is subject to Part 23, Title 49, COG
of Federal Regulations (CFR) entitled "Participation by Minority Business Enterprise i
Department of Transportation Programs." The Regulations in their entirety are incorporate
herein by this reference.
Bidders shall be fully informed regarding the requirements of the Regulations and th
Department's Disadvantaged Business (DB) Program developed pursuant to the Regulation5
Particular attention is directed to the following matters:
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a. A DB must be a small business concern as defined in Section 3 of U.S. Sma
Business Act and relevant regulations published pursuant thereto;
A DB bidder. not bidding as a joint venture with a non-DB, will be required t
meet the DB goal through subcontracting or material purchases or make a goo
faith effort to do so. The DB bidders will not receive credit toward the DB goz
because of their own DB status.
For credit toward the DB goal. a DB may participate as a subcontractor, or joir
venture partner with a prime or subcontractor, or as a vendor of materials c
supplies;
A DB joint venture partner must be responsible for a clearly defined portion o
the work to be performed, in addition to satisfying requirements for ownershi1
and control. The DB joint-venturer must submit either Schedule B of thl
Regulations, or, California Department of Transportation Form CRSA, fo
consideration of eligibility.
A DB must perform a commercially useful function, Le., must be responsible fo
the execution of a distinct element of the work and must carry out it
responsibility by actually performing, managing and supervising the work;
Credit for a DB vendor of materials or supplies is limited to 60 percent of thl
amount to be paid to the vendor for the material unless the vendor manufacture:
or substantially alters the goods;
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g. Credit for trucking by DB’s will be as follows:
- Credit for trucking by DB truckers will be for the amount to be paid to
In the case of DB trucking brokers, on Local Agency administered
the DB truckers.
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contracts, 100 percent credit will be given for the amount to be paid to
the DB broker regardless of the DB status of the truckers used.
A DB must be a certified DB with the California Department of Transportation
on the date bids for the project are opened, before credit may be allowed toward
the DB goal. The Department’s DB Directory may be obtained from the
Department of Transportation, Material Operations Branch, Publication
Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (phone 916-
445-3520). It is also available for viewing at the office of the Department of
Transportation in the District in which the work is located, and at the Agency
which is administering this project;
Noncompliance by the Contractor with the requirements of the regulations
constitutes a breach of this contract and may result in termination of the contract
or other appropriate remedy;
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j. Bidders are encouraged to utilize services offered by banks owned and
controlled by DBs.
2-1.03 DB GOAL FOR THIS PROJECT;--The Department has established the following
c rod for Disadvantaged Business participation for this project:
16.9 percent
It is the bidder’s responsibility to offer a sufficient portion of the u-ork to DB subcontractors
and suppliers: and to select those portions consistent with the available DB subcontractors and
suppliers. so as to assure meeting the above listed project goal.
The Department has contracted with the following organization to assist DBs in preparing bids
and to aid bidders in finding certified DB subcontractors and suppliers to meet the project goal:
Triaxial Management Svcs, Inc.
2725 Congress St., Suite 1A
San Diego, CA 921 10 Lynwood, CA 90262
Triaxial Management Svcs, Inc.
2594 Industry Way, Suite 101-A
(6 19) 543-5 109
FAX (619) 543-5108
(3 10) 537-6677
FAX (310) 637-0128
Kimberly Johnson Jorpe Guzman
Bidders. DBs and Local Agencies may utilize the services of this organization at no cost. For
ser.i.ice. 48 hours notice will be required.
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2-1.04 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS;--Subcontractor
shall be listed in accordance with the provisions in Section 2-1.054 of the Standa
Specifications.
A sheet for listing subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to subn
a list of all DB subcontractors and suppliers with the proposal regardless of the amount oft
subcontract (or quote). See Section 3-1.01, "GENERAL", of these Special Provisions.
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2-1.05 STATE EMPLOYEES AND DESIGN ENGINEER MAY NOT BID 0
CONSTRUCTION CONTRACT;--Bidders are advised of the provisions in Section 2- 1.05
"State Employees and Design Engineers may not bid on Construction Contract."
SECTION 3 - SUBMISSION OF DB INFORMATION, AWARD AND EXECUTION 0
CONTRACT
3-1.01 GENERAL;--The bidder's attention is directed to the provisions in Section 3, "Awar
and Execution of Contract," of the Standard Specifications and these Special Provisions for tk
requirements and conditions concerning submittal of DB information, award, and execution (
the contract.
The names of certified DB subcontractors and suppliers whom the bidder is using to meet tl
contract DB goal, shall be submitted with the bid on the "BIDDER'S DB INFORMATION
form included in the Proposal. When less than an entire item is to be performed or furnishe
by the DB, list the exact portion and location of the work the DB will do. All second tier D
subcontractor's and suppliers shall be listed if used to meet the project DB goal.
It is the bidder's responsibility to meet the goal for DB participation, or to provide informatio
to establish that the bidder made good faith efforts to do so. DB goal commitments and goo
faith efforts must be made prior to bidding. DB commitments and good faith efforts mad
after the bid opening will not be considered for award of the contract. Good faith efforts ar
outlined in Section 3-1.01A, "DB INFORMATION," of these Special Provi-' ->ions.
3-1.01A DB INFORMATION;--See Section 3-1.01, "GENERAL," of these Specia
Provisions for DB information to be shbmitted with the proposal.
The apparent successful bidder (low bidder), the second low bidder and the third low bidde
shall submit good faith effort information to the office at which bids were taken, so that th
material is received by the Department no later than close of business on the fourth day (nc
including Saturday, Sunday or legal holidays) following fhe bid opening. Except tha
information sent by certified mail and postmarked on or before the third day (not includin
Saturday. Sunday or legal holidays) following bid opening, will be accepted even if it i
received late.
Failure to submit the required DB information by the time specified, will be grounds fc
finding the bid or the proposal nonresponsive.
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Other bidders need not submit DB good faith effort information unless requested to do so by
the department. When such request is made, the information shall be submitted so it is
received by the third day (not including Saturday, sunday or legal holidays) after notification,
unless a later time is authorized by the department.
The bidder shall submit information to establish that good faith efforts were made prior to the
bid opening. Failure to submit data that substantiates that goals were met, or that a good faith
effort was made, prior to bidding, will be grounds for rejecting a bidder’s proposal.
Bidders are cautioned that even though their proposal shows they will meet the stated DB goal,
they should also submit their good faith effort information. This will protect their eligibility
for award of the contract in the event that the department, in its review, finds that the goal has
not been met.
Good Faith Effort-The following will be considered as efforts the bidder should include to
establish good faith to meet the DB goal:
a. Submittals-Was the list of DB subs/suppliers submitted with the bid proposal? Did
the low bidder and second low bidder submit their good faith effort information within
the time limit specified, and was the good faith effort made prior to the bid opening?
b. Prebid-Attendance at the prebid meeting; OR, if unable to attend, did the bidder
request any DB information that was available at the prebid?
c. Advertisement-The names, and dates of advertisement, of each newspaper, trade
paper, and minority-focus paper in which a request for DB participation for this project
Lias placed by the bidder. The date of advertisement will show if a DB has reasonable
time to prepare a subbid or quote.
d. Written Notices-The names, and dates of notices, of all certified DBs solicited by
direct mail for this project; and, the dates and methods used for following up initial
solicitations to determine, with certainty, whether the DBs were interested. The date
of notice will show if the DB has reasonable time to prepare a subbid or quote. P
telephonic facsimile (FAX) will be considered as a written notice.
Notices should list the specific item(s) and quantity for which the particular DB i:
asked for a quote. Special conditions (if any), the bonding requirements, and a poini
of contact should be included.
e. Work Made Available-The items of work for which the bidder requests subbids 01
material quotes by DBs. The information furnished interested DBs in the way of plans
specifications and work requirements. A breakdown of items into economically feasiblt
units to aid DB participation may be necessary. Where there are DBs available fo
doing some of the work normally performed by the bidder’s own forces, the bidder wil
be expected to make portions of such work available for DB subbids. if needed to mee
the project goal.
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f. Negotiation-The names of DBs who submitted bids which were not accepted;
summary of the bidder’s discussionshegotiations with them; the name of tl
subcontractor or supplier who was selected for that portion of work; and the reason f
the bidder’s choice. If the DB subbid was rejected for price, give that price and tl
price bid by the selected non-DB subcontractor or supplier. Since the utilization I
available DBs is expected, only significant price differences (as determined by tl
agency) will be considered as proper cause for rejecting such DB bids, if the goal is n
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1 g. Assistance-Assistance that the bidder has extended to DBs identified in e., abov
to remedy the deficiency of their subbids.
h. Additional Data-Any additional data to support a demonstration of good fait
effort, such as use of DB assistance agencies. I
D 3-1.01B AWARD OF CONTRACT;--The award of contract, if it be awarded, will be to th
lowest responsible bidder whose proposal complies with all the requirements, and who has mc
the goal for DB participation or has demonstrated, to the satisfaction of the City good fait 1 effort to do so.
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SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATE1
The Contractor shall begin work within 15 calendar days after the contract has been approve
by the City Council or the City Attorney.
Said work shall be diligently prosecuted to completion before the expiration of
150 Working Days
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The Contractor shall pay to the City of Carlsbad, California the sum of $t;PO.OO per day, fo
each and every calendar day’s delay in finishing the work in excess of the number of workinl
days prescribed above.
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SECTION 5 - GENERAL
SECTION S-l;--MISCELLANEOUS
5-1.01 LABOR NONDISCRIMINATION.--Attention is directed to the following Noti
that is required by Chapter 5 of Division 4 of Title 2, California Code ofRegulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is' called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(
"Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexen
state contracts and subcontracts, and to the "Standard California Nondiscrimination Construct
Contract Specifications" set forth therein. The Specifications are applicable to all nonexer
state construction contracts and subcontracts of $5,000 or more.
5- 1.02; .--BLANK
5-1.03 PUBLIC SAFETY;.-- The Contractor shall provide for the safety of traffic and
public in accordance with the provisions in Section 7-1.09, "Public Safety," of the Stand
Specifications and these Special Provisions.
The Contractor shall install temporary railing (TypeK) between any lane carrying pu'
traffic and any excavation, obstacle, or storage area when the following conditions exist:
(I) Excavations.--Any excavation, the near edge of which is 12 feet or less from the e*
of the lane, except:
(a) Excavations covered with sheet steel or concrete covers of adequate thicknesi
prevent accidental entry by traffic or the public.
(b) Excavations less than one foot deep.
(c) Trenches less than one foot wide for irrigation pipe or electrical conduit
excavations less than one foot in diameter.
(d)Excavations parallel to the lane for the purpose of pavement widening
reconstruction.
(e) Excavations in side slopes, where the slope is steeper than 4: 1.
(9 Excavations protected by existing barrier or railing.
(2) Temporarily Unprotected Permanent Obstacles.--Whenever the work includes
installation of a fixed obstacle together with a protective system, such as a sign struc
together with protective railing, and the Contractor elects to install the obstacle pric
installing the protective system; or whenever the Contractor, for his convenience and
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permission of the Engineer, removes a portion of an existing protective railing at an ob
and does not replace such railing complete in place during the same day. I
(3) Storage Areas.--Whenever material or equipment is stored within 12 feet of thc
and such storage is not otherwise prohibited by the specifications.
The approach end of temporary railing (TypeK), installed in accordance wit1
requirements in this section "Public Safety" and in Section 7-1.09, "Public Safety," c
Standard Specifications shall be offset a minimuni of 15 feet from the edge of the traffic lane
to public traffic. The. temporary railing shall be installed on a skew toward the edge of the i
lane of not more than one foot transversely to IO feet longitudinally with respect to the ed
the traffic lane. If the 15-foot minimum offset cannot be achieved, the temporary railing sh
installed on the 10 to 1 skew to obtain the maximum available offset between the approach e
the railing and the edge of the traffic lane, and an array of temporary crash cushion modules
be installed at the approach end of the temporary railing.
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Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temp
Railing (Type K)" of the Standard Specifications, except temporary railing (Type K) fabri
prior to January 1, 1993, with one longitudinal No. 5 reinforcing steel bar near the top in li
the 2 longitudinal No. 5 reinforcing steel bars near the top, as shown on the plans, may be us1 I
Temporary crash cushion modules shall conform to the provisions in "Temporary
Cushion Module" elsewhere in these Special Provisions.
Except for installing, maintaining and removing traffic control devices, whenever w(
performed or equipment is operated in the following work areas the Contractor shall clos
adjacent traffic lane unless othenvise provided in the specifications:
Approach speed of public
traflic (Posted Limit)
(Milcs Per Hour) Work Arcas
Over 45 I lane.
35 to 45
Within 6 feet of a traffic
lane but not on a traffic
Within 3 fcct of a trafIic
lane but not on ;1 traffic
lane.
The lane closure provisions of this section shall not apply if the work area is protect
j! permanent or temporary railing or barrier.
When traffic cones or delineators are used to delineate a temporary edge of traffic lar
line of cones or delineators shall be considered to be the edge of traffic lane, howeve
Contractor shall not reduce the width of an existing lane to less than 10 feet without v I approval from the Engineer. f
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When work is not in progress on a trench or other excavation that required closure of
adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed I
of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall
not more than the spacing used for the lane closure,
Full compensation for conforming to the requirements in this section "Public Safet:
includins hrnishing and installing temporary railing (Type K) and temporary crash cushi
modules, shall be considered as included in the contract prices paid for the various items of wc
involved and no additional compensation will be allowed therefor.
5-1.04 SURFACE MINING AND RECLAMATION ACT;.--Attention is directed to t
Surface Mining and Reclamation Act of 1975, commencing in Public Resources Code, Mini
and Geology, Section 27 10, which establishes regulations pertinent to surface mining operations
Material from mining operations fbrnished for this project shall only come from permitted sit
in compliance with the Surface Mining and Reclamation Act of 1975,
The requirements of this section shall apply to all materials furnished for the project, exce
for acquisition of materials in conforniance with Section 4-1 .OS, "Use of Materials Found on t
II'ork," of the Standard Specifications.
5-1.05 FINAL PAY QUANTITIES;.--
5-1.015 Final Pay Itenis.-When an item of work is designated as (F) or (S-F) in t
proposal the estimated quantity for that item of work shall be the final pay quantity, unless t
dimensions of any portion of that item are revised by the Engineer, or the item or any portic
of the item is eliminated. If the dimensions of any portion of the item are revised, and t
revisions result in an increase or decrease in the estimated quantity of that item of work, t
final pay quantity for the item will be revised in the amount represented by the changes in t
dimensions, except as othenvise provided for minor structures in Section 5 1 - 1.2
"Measurement." If a final pay item is eliminated, the estimated quantity for the item will 1
eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revisc
in the amount represented by the eliriiinated portion of the item of work.
The estimated quantity for each item of work designated as (F) or (S-F) in the Enginee
Estimate shall be considered as approximate only, and no guarantee is made that the quanti
which can be determined by computations, based on the details and dimensions shown on t
plans, will equal the estimated quantity. No allowance will be made in the event that t
quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Engineer's Estimate for a fir
pay item and the quantity or summation of quantities for the same item shown on the plar
payment will be based on the quantity shown in the Engineer's Estimate.
5-1.06 DB RECORDS;.--The Contractor shall maintain records of all subcontracts enter
into with certified DB subcontractors and records of niaterials purchased from certified 1
suppliers. Such records shall show the name and business address of each DBsubcontractor
vendor and the total dollar amount actually paid each DBE subcontractor or vendor
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Upon completion of the contract, a summary of these records shall be prepared on HC-43 and certified correct by the Contractor or his authorized representative, and sh
hrnished to the Engineer.
5-1.07 PAYROLL RECORDS;.--In addition to the payroll record information requi
Section 7-1 .OlA(3), "Payroll Records," of the Standard Specifications and in Sectic
"Statements and Payrolls," of Section 14, "Federal Requirements for Federal-Aid Constr
Projects," elsewhere in these special provisions, the Contractor shall submit a Monthly
Report on a form provided by the Engineer. The report shall summarize the total hours wc
total gross wages earned, percentage of work completed and major construction activity I
the monthly period ending on or before the 1st of each month. The report shall include the
and wages paid by the Contractor and all subcontractors. Reports shall be submitted prom1
the Engineer. The weekly payrolls required in said Section 7-1.01A(3) will not be cons
satisfactory if the Monthly Labor Report for the month involved is not submitted by the 1
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5-1.08 PARTNERING;.--The State and the City of Carlsbad will promote the format
a "Partnering" relationship with the Contractor in order to effectively complete the contract
benefit of both parties. The purpose of this relationship will be to maintain coopc
communication and mutually resolve conflicts at the lowest possible management level,
The Contractor may request the formation of such a "Partnering" relationship by submii
request in writing to the Engineer after approval of the contract. If the Contractor's requt
"Partnering" is approved by the Engineer, scheduling of a "Partnering" workshop, selectii
"Partnering" facilitator and wcrkshop site, and other administrative details shall be as agreed
both parties.
The costs involved in providing a facilitator and a workshop site will be borne by th
The Contractor shall pay all compensation for the wages and expenses 1
All other costs associater
Contractor.
facilitator, and of the expenses for obtaining the workshop site.
the "Partnering" relationship will be borne separately by the party incurring the costs.
The establishment of a "Partnering" relationship will not change or modify the tern
conditions of the contract and will not relieve either party of the legal requirements I contract.
5-1.09 AREAS FOR CONTRACTOR'S USE;.--Attention is directed to the requirt
specified in Section 7-1.19, "Rights in Land and Improvements," of the Standard Specific
and these special provisions.
When the detour is in place, and when approved by the Engineer , Contractor may L
roadway and State Park parking areas that are closed to traffic. I f Residence trailers will not be allowed. One trailer will be allowed for yard security purpc
The Contractor shall remove all equipment, materials, and rubbish from the work are other State-owned property which he occupies and shall leave the areas in a pres'
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condition, in accordance with the provisions in Section 4-1.02, "Final Cleaning Up," of 1
Standard Specifications.
The Contractor shall secure at his own expense any area required for plant sites, storage
equipment or materials, or for other purposes if sufficient area, as designated on the plans, is I
available within the contract limits.
5-1.10 PAYMENTS;.--Attention is directed to Part 1, Section 9-3, payments" and thi
special provisions.
For the purpose of making partial payments, the amount set forth for the contract items
work hereinafter listed shall be deemed to be the maximum value of said contract item of w(
which will be recognized for progress payment purposes.
Bridge Removal $135,000
After acceptance of the contract the amount, if any, payable for a contract item of work in exci
of the maximum value for progress payment purposes hereinabove listed for said item, will
included for payment in the first estimate made after acceptance of the contract.
In determining the partial payments to be made to the Contractor, only the following lis1
materials will be considered for inclusion in said payment as materials hrnished but I
incorporated in the work:
Piling 18" Prestressed Concrete
Joint Seal (Type B)
Bar Reinforcing Steel
hliscellaneous Metal (Bridge)
Metal Beam Guard Railing
Cable Anchor Asseniblies
Terminal Sections
Pn\.cment Marker
Steel Utilih Casing (Bridge Mounted)
5-1.1 1 SOUND CONTROL REQUIREMENTS;.--Sound control shall conform to '
provisions in Section 7-1 .OlI, "Sound Control Requirements," of the Standzrd Specifications E
these special provisions.
The noise level from the Contractor's operations, between the hours of 9:OO p.m. and 6
a.m., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves
Contractor from responsibility for complying with local ordinances and provisions of perm
regulating noise level.
All internal combustion engines used in the construction shall be equipped with mufflers
good repair when in use on the project with special attention to City Noise Control Ordinance 7
3 109, Carlsbad hlunicipal Code, Chapter 8.48.
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Noise level requirements shall apply to all equipment on the job or related to the job, incll
but not limited to trucks, transit mixers or transient equipment that may or may not be own1
the Contractor. The use of loud sound signals shall be avoided in favor of light warnings e
those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be consider
included in the prices paid for the various contract items of work involved and no addil
compensation will be allowed therefor.
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5-1.12 WATER CONSERVATION;.--Attention is directed to the various sections c
Standard Specifications and these special provisions which require the use of water fo
construction of this project. Attention is also directed to the provisions of Section 7, "I
Relations and Responsibility," of the Standard Specifications with regards to the Contra,
responsibilities for public convenience, public safety, preservation of property and responsi
for damage.
Nothing in this section "Water Conservation" shall be construed as relieving the Contr
from fbrnishing an adequate supply of water required for the proper construction of this projl
accordance with the Standard Specifications or these special provisions or relieving
Contractor from the legal responsibilities defined in said Section 7.
The Contractor shall, whenever possible and not in conflict with the above requirerr
minimize the use of water during construction of the project. Watering equipment shall be kt
good working order; water leaks shall be repaired promptly; and washing of equipment, e:
when necessary for safety or for the protection of equipment, shall be discouraged.
Concrete slope protection, concreted-rock slope protection, minor structures,
miscellaneous concrete construction shall not be cured by using water. The water cure for b
decks shall be accomplished with the use of a moisture retaining medium as described in Se
90-7.0 1 A, "Water Method," of the Standard Specifications. I
\+'hen ordered by the Engineer, a dust palliative conforming to the provisions of Sectio
"Dust Palliative," of the Standard Specifications shall be used to control dust on this prc
Dust palliative ordered by the Engineer will be paid for as extra work in accordance with Se
3, Changes in Work, of the SSPWC.
Attention is directed to Section 17-1.025, "Chemical Additives," of the Star
Specifications, When ordered by the Engineer, a chemical additive shall be added to water
for compaction. The additive shall be approved by the Engineer and shall be used in accorc
with his instructions. Chemical additive ordered by the Engineer will be paid for as extra wc
accordance with Section 3, Changes in Work, f the SSPWC .
5-1.13 PERFORMANCE OF DB SUBCONTRACTORS AND SUPPLIERS;.--The
listed by the Contractor in the bid documents as required in the section of these special provi
entitled "Submission of DB Information, Award, And Execution Of Contract", whicf
determined by the Department to be certified DBs, shall perform the work and suppl!
materials for which they are listed unless the Contractor has received prior written authoriz
to perform the work with other forces or to obtain the materials from other sources.
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Authorization to utilize other forces or sources of materials may be requested for tl
following reasons:
(1) The listed DB, after having had a reasonable opportunity to do so, fails or refkses
execute a written contract, when such written contract, based upon the general tern;
conditions, plans and specifications for the project, or on the terms sf such subcontractor's I
supplier's written bid, is presented by the Contractor.
(2) The listed DB becomes bankrupt or insolvent.
(3) The listed DB fails or refuses to perform his subcontract or fkrnish the listc
materials.
(4) The Contractor stipulated that a bond was a condition of executing a subcontract ar
the listed DB subcontractor fails or refkses to meet the bond requirements of the Contractor.
(5) The work performed by the listed subcontractor is substantially unsatisfactory and
not in substantial accordance with the plans and specifications, or the subcontractor
substantially delaying or disrupting the progress of the work.
(6) It would be in the best interest ofthe State.
The Contractor shall not be entitled to any payment for such work or material unless it
performed or supplied by the listed DB or by other forces (including those of the Contractc
pursuant to prior written authorization of the Engineer.
5-1.14 SCBCONTRACTING;.--Attention is directed to the provisions in Section 8-1 .O
"Subcontracting," of the Standard Specifications, Section 2, "Proposal Requirements ai
Conditions," Section 3 ~ "Submission of DB Information, Award, and Execution of Contract
elsewhere in these special provisions and these special provisions.
The requirement in the third paragraph of said Section 8-1.01 that the Contractor shi
perform with his own organization contract work amounting to not less than 50 percent of tl
original contract price is not changed by the Federal Aid requirement specified under "Requir
Contract Provisions Federal-Aid Construction Contracts" in Section 14 in these special provisio
that the Contractor perform not less than 30 percent of the original contract work with his 01
organization.
Each subcontract and any lower tier subcontract that may in turn be made shall include t
"Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these spec
provisions. This requirement shall be enforced as follows:
Noncompliance shall be corrected, Payment for subcontracted work involved will
withheld from progress payments due, or to become due, until correction is made. Failure
comply may result in termination of the contract.
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The DB information furnished under Sections 3-1.01, "General" and 3-1.014
Information," of these special provisions is in addition to the subcontractor information rec
to be furnished under said Section 8-1.01, "Subcontracting," and Section 2-1.04, "Rec
Listing of Proposed Subcontractors," of these special provisions.
In accordance with Federal regulations Section 23.45(f)(2) Part 23, Title 49 Code of Ft
Regulations:
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1. No substitution of a DB subcontractor shall be made at any time without the w E consent of the Department, and
2. If a DB subcontractor is unable to perform successfdly and is to be replaced
contractor will be required to replace the original DB contractor with another DB Contract1
to make a good faith effort to do so.
The requirement in Section 3- 1.02, "Disadvantaged Business," of these special provisions
DBs must be certified on the date bids are opened does not apply to DB substitutions after ai
of the contract. However, DB substitutes must be certified with Caltrans.
5-1.15 PROJECT APPEARANCE;.--The Contractor shall maintain a neat appearar;
the work.
In any area visible to the public, the following shall apply:
When practicable, broken concrete and debris developed during performance of the
shall be disposed of concurrently with its removal. If stockpiling is necessary, the mi
shall be removed or disposed of weekly.
The Contractor shall furnish trash bins for all debris from structure construction
debris shall be placed in trash bins daily. Forms or falsework that are to be re-used sh
stacked neatly concurrently with their removal. Forms and falsework that are not to 1
used shall be disposed of concurrently with their removal.
Full compensation for conforming to the provisions in this section, not otherwise provide
shall be considered as included in prices paid for the various contract items of work involve
no additional compensation will be allowed therefor. I
5-1.16 STATE PARK REGULATIONS;.--This project is located within the limits of
Carlsbad State Beach and the work shall be performed in accordance with State law
regulations of the Department of Parks and Recreation governing the preservation of n
features of parks and improvements therein.
All trees and other natural features within the park area shall be protected and safeguardc
Full compensation for conforming to the provisions in this section shall be considei
included in the prices paid for the various contract items of work and no additional compen
will be allowed therefor.
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5-17.17 RELATIONS WITH UNITED STATES ARMY CORPS OF ENGINEERS;
A portion of this project is located within the jurisdiction of the U.S. Army Corps of Enginee:
A permit has been issued by the U.S. Army Corps of Engineers to the City of Carlsbad, Califorr
for this project. The Contractor shall filly inform himself of the requirements of this permit
well as a11 rules, regulations, and conditions that may govern his operations in said area and sh
conduct his operations accordingly.
A copy of the permit is included in these special provisions as Appendix A.
Attention is directed to Sections 7-1.01, "Laws to be Observed," 7-ll.OlG, "Water Pollutior
and 7- 1.12, "Responsibility for Damage," of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursuant
this contract.
5-1.18 RELATIONS WITH CALIFORMA COASTAL COMMISSION;.--A portion
this project is located within the jurisdiction of the California Coastal State Lands Commission.
permit has been issued by the Commission to the City of Carlsbad, California for this project. Tk
Contractor shall filly inform itself of the requirements of this permit, as well as all rule
regulations and conditions that may govern Contractor's operations within this jurisdiction, ar
shall conduct all operations accordingly.
A copy of the permit is included in these special provisions as Appendix B.
Attention is directed to Sections 7-1.01, "Laws to be Observed," 7-1.01G, "Water Pollution.
and 7- 1.12, "Responsibility for Damage," of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursuant t
this contract.
A portion of this project is located within the jurisdiction of the California Department of Fish an
Game. An agreement regarding a stream or lake has been entered into by the City of Carlsbac
California and the Department of Fish and Game. The Contractor shall fblly inform himself of th
requirements of this agreement as well as all rules, regulations, and conditions that may govern hi
operations in said area and shall conduct his operations accordingly.
5-1.19 RELATIONS WITH CALIFORNIA DEPARTMENT OF FISH AND GAME;.-
A copy of the permit is included in these special provisions as Appendix C.
It is unlawfil for any person to substantially divert or obstruct the natural flow or substantiall:
change the bed, channel, or bank of any stream, river, or lake without first notifLing thl
Department of Fish and Game, unless the project or activity is noticed and constructed ii
accordance with all conditions imposed under Fish and Game Code Section 1601.
Attention is directed to Sections 7-1.01, "Laws to be Observed," 7-1.01G, "Water Pollution,
and 7-1.12, "Responsibility for Damage," of the Standard Specifications.
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Any modifications to the agreement between the Departments of Transportation and Fisk
Game which are proposed by the Contractor shall be submitted in writing to the Enginee
transmittal to the Department of Fish and Game for their consideration.
When the Contractor is notihed by the Engineer that a modification to the agreement is ur
consideration, no work will be allowed which is inconsistent with the proposed modification L
the Departments take action on the proposed modifications. Compensation for delay will be
determined in accordance with Section 3, Changes in Work, of the SSPWC.
The provisions of this section shall be made a part of every subcontract executed pursua
this contract.
Any modifications to any agreement between the Departments of Transportation and Fisl
Game will be fblly binding on the Contractor, and the provisions of this section shall be ms
part of every subcontract executed pursuant to this contract.
5-1.20 CITY OF CARLSBAD SPECIAL USE PERMIT;.--This project is located wi1
the jurisdiction of the City of Carlsbad. A permit has been issued by the City of Carlsbad,
California for this project. The Contractor shall fblly inform itself of the requirements of this
permit, as well as all rules, regulations and conditions that may govern Contractor's operatior
within this jurisdiction, and shall conduct all operations accordingly. c
A copy of the permit is included in these special provisions as Appendix D.
Attention is directed to Sections 7-1.01, "Laws to be Observed," 7-1 .O1 G, "Water Polluti
and 7-1.12, "Responsibility for Damage," of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursuan
this contract.
5-1.21 RELATIONS WITH CALIFORNIA REGIONAL W7ATER QUAI
CONTROL BOARD;.--The location of the West Carlsbad Boulevard Bridge is within an
controlled by the Regional Water Quality Control Board. Regional Water Quality Control I
Order No. 93-50 has been issued covering work to be performed under this contract.
Contractor shall fblly inform himself of all rules, regulations and conditions that may gove
operations in said area and shall conduct his work accordingly.
A copy of the Order is included in these special provisions as Appendix E.
Attention is directed to Sections 7-1.1 1, "Preservation of Property," and 7 3 "Responsibility for Damage," of the Standard Specifications.
The Contractor's attention is directed to the following conditions which are among
established by the Regional Water Quality Control Board in their Order for this project:
1. Discharges of wastes in a manner and to a location which have not been speci
described to the Regional Board and for which valid waste discharge requirements a
in force are prohibited.
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2. The discharger shall not violate the following applicable prohibitions contained in the Ba:
Plan:
a. The discharge of oil or any residuary product of petroleum to the waters of the Stai
except in accord with waste discharge requirements or other provisions of Division
California Water Code is prohibited.
b. The dumping or deposition from shore or from vessels of oil, garbage, trash or 0th
solid municipal, industrial or agricultural waste directly into waters subject to tic
action or adjacent to waters subject to tidal action in any manner which may permit
to be washed into the waters subject to tidal action is prohibited,
c. The discharge of municipal and industrial waste sludge and sludge digester supernata
directly to the ocean, or into a waste stream that discharges to the ocean witho
hrther treatment, is prohibited.
d. Waste shall be discharged a sufficient distance from areas designated as being
special biological significance to assure maintenance of natural water quali
conditions in these areas.
e. The dumping or deposition of chemical wastes, chemical agents or explosives in
waters subject to tidal action is prohibited,
Land grading and similar operations causing soil disturbances which do not conta
provisions to minimize soil erosion and limit suspended matter which could t
deposited in waters subject to tidal action are prohibited.
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3. Do not violate the following applicable prohibitions contained in the Bays and Estuaric
Policy:
a. The deposition of rubbish or rehse into surface waters or at any place where thc
would be eventually transported to enclosed bays or estuaries is prohibited. Rubbi5
and refuse include any cans, bottles, paper, plastic, vegetable matter, or dead anima
or dead fish deposited or caused to be deposited by man.
b. The direct or indirect discharge of silt, sand, soil, clay or other earthen materials fro1
onshore operations including mining, construction, agriculture, and lumbering, j
quantities which unreasonably affect or threaten to affect beneficial uses is prohibited.
c. The discharge of materials of petroleum origin in sufficient quantities to be visible
prohibited,
Any change in the above listed conditions proposed by the Contractor shall be submitted t
the Engineer for transmittal to the Regional Water Quality Control Board for their approva
Changes shall not be implemented until approved in writing by the Regional Water Qualit
Control Board.
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Attention is directed to Section 6-7 , "Time of Completion," of the SSPWC . Days dl
which the Contractor's operations are restricted by the requirements of this section, sha
considered to be nonworking days if these restrictions cause a delay in the current contrc
operation or operations.
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5-1.22 RELATIONS WITH STATE LAND§ COMMISSION;.--A portion of this pr
is located within the jurisdiction of the State Lands Commission. A permit has been issued b
Commission to the City of Carlsbad, California for this project. The Contractor shall filly in
itself of the requirements of this permit, as well as all rules, regulations and conditions that
govern Contractor's operations within this jurisdiction, and shall conduct all opera
accordingly.
A copy of this permit may be inspected, or obtained at the City of Carlsbad, OEce of the
Engineer, 1200 Carlsbad Village Drive, Carlsbad, California.
Attention is directed to Sections 7-1.01, "Laws to be Observed," 7-1.01G, "Water Pollu:
and 7-1.12, "Responsibility for Damage," of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursul
this contract.
5- 1.23 RELATIONS WITH CALIFORIIIA DEPARTMENT OF
TRANSPORTATION;.-- A portion of this project is located within the jurisdiction of the S
Department of Transportation. An encroachment permit has been issued by the Department %
the City of Carlsbad, California for this project. The Contractor shall hlly inform itself of thi
requirements of this permit, as well as all rules, regulations and conditions that may govern
Contractor's operations within this jurisdiction, and shall conduct all operations accordingly.
A copy of this permit may be inspected, or obtained at the City of Carlsbad, O6ce of thi
Engineer, 1200 Carlsbad Village Drive, Carlsbad, California.
Attention is directed to Sections 7-1.01, "Laws to be Observed," 7-1.01G, "Water Pollu I
0 this contract.
and 7- 1.12, "Responsibility for Damage," of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursu;
5-1.24 RELATIONS WITH SAN DIEGO AIR POLLUTION CONTROL DISTW - This project is located within the jurisdiction of the San Diego Air Pollution Control Distr
permit has been issued by the District to the City of Carlsbad, California for this project.
Contractor shall filly inform itself of the requirements of this permit, as well as all
regulations and conditions that may govern Contractor's operations within this jurisdictioi
shall conduct all operations accordingly.
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Attention is directed to Sections 7- 1 .O 1, "Laws to be Observed," 7- 1 .O 1 G, "Water Pollution
and 7-1.12, "Responsibility for Damage," of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursuant 1
this contract.
SECTION 6. (BLANK
SECTION 7. (BLANK)
SECTION 8. MATEFUMLS
SECTION 8-1. MISCELLANEOUS
8-1 .OO BUY AMERICA REQUIREMENTS;.--Attention is directed to the "Buy Americ;
requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and tk
Intermodal Surface Transportation Efficiency Act of 199 1 (ISTEA) Sections 104 1 (a) an
1048(a), and the regulations adopted pursuant thereto. In accordance with said law an
regulations, all manufacturing processes for steel and iron materials hrnished for incorporatio
into the work on this project shall occur in the United States. The application of coatings, such i
epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value (
such steel or iron materials shall be considered a manufacturing process subject to the "Bu
America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates (
Compliance," of the Standard Specifications, shall be hrnished for steel and iron materials. TE
certificates, in addition to certifying that the materials comply with the specifications, shall als
specifically certify that all manufacturing processes for the materials occurred in the United State!
The requirements imposed by said law and regulations do not prevent a minimal use of foreig
steel and iron materials if the total combined cost of such materials used does not exceed om
tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. Th
Contractor shall furnish the Engineer acceptable documentation of the quantity and value of an
foreign steel and iron prior to incorporating such materials into the work.
8-1.01 PREQUALIFIED AND TESTED SIGNING AND DELINEATIOI
RTATERLALS.--The Department maintains a trade name list of approved prequalified and teste
signing and delineation materials and products. Approval of prequalified and tested products an
materials shall not preclude the Engineer from sampling and testing any of the signing an
delineation materials or products at any time.
Said listing of approved prequalified and tested signing and delineation materials and produci
cover the following:
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MATERIALS and PRODUCTS
Temporary pavement markers
Striping and pavement marking tape
Pavement markers, reflective and non-reflective
Flexible Class 1 delineators and channelizers
Railing and barrier delineators
Sign sheeting and base materials
Reflective sheeting for barricades
Reflective sheeting for channelizers
Reflective sheeting for markers and delineators
Reflective sheeting for traffic cone sleeves
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None of the above listed signing and delineation materials and products shall be used i
work unless such material or product is listed on the Department's List of Approved T
Products. A Certificate of Compliance shall be hrnished as specified in Section 6-
"Certificates of Compliance,'' of the Standard Specifications for signing and delineation mat
and products. Said certificate shall also certify that the signing and delineation materi
product conforms to the prequalified testing and approval of the Department of Transport;
Division of Traffic Operations and was manufactured in accordance with the approved q 1 control program.
Materials and products will be considered for addition to said approved prequalifiec
tested list if the manufacturer of the material or product submits to the Division of T
Operations a sample of the material or product. The sample shall be sufficient to p
performance of all required tests. Approval of such materials or products will be dependent
a determination as to compliance with the specifications and any test the Department may el(
perform.
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The following is a listing of approved prequalified and tested signing and delineation mat
and products:
PAVEMENT MARKERS, PERRIANEIVT TYPE
Reflective pavement markers
Apex (4x4) I
Ray-0-Lite, Models SS, RS, and AA (4x4) 1E Stimsonite 88 (4x4)
Reflective pavement markers with abrasion resistant surface
Stimsonite 91 1 (4x4)
Stimsonite 944 SB (2x4) - formerly model 947
Stimsonite 948 (2.3x4.7)
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Non-reflective pavement markers for use with epoxy or bituminous adhesive
Apex Universal, Ceramic
Ferro Corporation, Permark (ceramic)
Highway Ceramics Inc., Ceramic
Safety Signs Inc. "Safety Dot" Model SD4 (Polyester)
Traffic Control Signs Co., Titan, TM40W/Y (Polyester)
Non-reflective pavement markers for use with only bituminous adhesive
Edco, Models A 1 107 and AY 1108 (ABS)
Valterra Products - P20-2OOOW and P20-2001Y (ABS)
PAVEMENT MARKERS, TEMPORARY TYPE
Temporary pavement markers for long term daylnight use (6 months or less)
Astro Optics Model TPM (4x4)
Flex-0-Lite Model RCM (4x4)
Stimsonite 66 (4x4)
Stimsonite 66GB (Grabber Bottom) (4x4)
Swareflex 3557/3558 (4x4)
Temporary pavement markers for short term day/night use (14 days or less)
Astro Optics Model TPM (4x4)
Davidson T.O.M. (Flexible)
Flex-0-Lite Model (RCM) (4x4)
Stimsonite Model 66 (4x4)
Stimsonite 66GB (Grabber Bottom) (4x4)
Swareflex Model 300213004 (4x4)
Sxvareflex Model 3557/3558 (4x4)
I'alterra Products 12801128 1 Series (Flexible) with Reflexite PC-I 000 Sheeting
3hI Scotch-Lane A200 Pavement Marking System
Temporary pavement markers for short term dayhight use (14 days and less) at seal coa
locations
Davidson T.R.P.M. with Reflexite PC-1000 Sheeting
Valterra Products - 128011 28 1 Series with Reflexite PC-1 000 Sheeting
STRIPING AND PAVEMENT MARKING MATEFUAL
Permanent traffic striping and pavement marking tape
Brite-Line Series 1000
Swarco Industries "Director"
3M Stamark Brand Pliant Polymer Grade Series 350, 380, A420, A440 and 5730
3M Stamark Brand Bisymmetric 1.75 Grade Series 5750 (For use on low voluml
roadways only)
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Temporary removeable construction grade striping and pavement marking tape
Advanced Traffic Marking ATM Series 200
Brite-Line Series 100
3M Stamark Brand, Detour Grade, Series 571 0
Swarco Industries "Director 2"
Temporary non-removeable construction grade striping tape
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Swarco Industries "Visa-Line"
3M Scotch Lane Brand Construction Grade, Series 5 160/5161 and 536015361
CLASS 1 DELINEATORS
One-piece driveable flexible type (48")
At1 West Plastics "Flexi-Guide 400"
Carsonite Curve-Flex CFRM-400
Carsonite Roadmarker CRM-375
Flexstake H-D
Polyform, Inc., "Vista-Flex"
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CHANNELLZERS
Surface mount type (36")
Carsonite "Survivorr' Model SMD-353
Carsonite "Super Duck" (Flat SDF-43 6)(Round SDR-336)
Carsonite Super Duck I1 "The Channelizer"
Flexstake Surface Mount H-D
The Line Connection "Dura-Post"
Repo Models 300 and 400
Safe-Hit Guide Post with glue down base (SH236SMA)
TYPE "K" SERIES OBJECT hlARKER (ISt')
Carsonite Models SMD 61 5 and SMD 6 15-A
Rep0 Models 300 and 400
Safe-Hit Model SH7 18SMA
TYPE "K-4" OBJECT MARKER, (24")
Carsonite Super Duck I1
The Line Connection "Dura-Post"
Rep0 Models 300 and 400 8 Safe-Hit
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CONCRETE BARRIER DELINEATOR
Impactable Type
All West Plastics "Flexi-Guide 235"
Duraflex Corp "Flexi 2020"
Davidson Portable Concrete Barrier Marker (PCBM- 12)
Reflexite Barrier Mount Delineator (Models 66 1-662)
Non-impactable Type
Astro-Optics JD Series
Stimsonite 967
GUARD RAILING DELINEATOR, (27" Nail On Type)
Carsonite Guardrail Delineator Post (CFGR 427)
Safe-Hit 27-inch Guardrail Delineator
A1 1 M'es t P 1 as t i cs "F1 exi - Gui d e" 3 2 7
REFLECTII'E SHEETING FOR CHANNELIZERS, RIARKERS, AN
DELINEATORS
31.1 High Intensity
Reflexite PC 1000 (Metalized Polycarbonate)
Reflexite AP-1000 (Metalized Polyester)
Seibulite ULG (Ultralite Grade)
REFLECTII'E SHEETING FOR BARRICADES
Type I1 Reflective Sign Sheeting
American Decal Adcolite
Alzery - Fasson 1500/1600
Seibulite EG
3hI - Scotchlite
REFLECTIVE SHEETING FOR TRAFFIC CONE SLEEVES
Reflexite Vinyl
SIGNING RIATERIALS
Reflective Sign Sheeting, Type IIIA (High Performance)
Seibulite Brand "Ultralite" Series 700 and 800
3M High Intensity
Reflective Sign Sheeting, Type IV
Reflexite Vinyl (Roll-Up)
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Sign Substrate for construction area signs
Aluminum, Fiberglass Reinforced Plastic (FRP), or Sequentia ("Polyplate")
8-1.02 CITY FURNISHED MATERIALS;.--Attention is directed to Section 6.
The following materials will be furnished to the Contractor:
"State-Furnished Materials," of the Standard Specifications and these special provisions. I.
Highway route shields for construction project hnding identification and project fi~
identification signs.
City Seal for construction Office signs and project funding identification signs, 1 Disks for survey monuments.
c produce aggregate for:
8-1.03 SLAG AGGREGATE;.--Air-cooled iron blast furnace slag shall not be us
1, Structure backfill material.
2. Pervious backfill material.
3, Permeable material.
4. Any reinforced or prestressed portland cement concrete component or structu
5. Any nonreinforced portland cement concrete component or structure for w1
Class 1 Surface Finish is required by the provisions in Section 5 1-1.18B, "Class 1 SI
Finish,'' of the Standard Specifications.
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Aggregate produced from slag resulting from any steel-making process shall not be us1 8 any highway construction except for the following items:
1. Imported Borrow
2. Aggregate Subbase
3. Class 2 Aggregate Base
4. Asphalt Concrete
Steel slag to be used to produce aggregate for aggregate subbase and Class 2 aggregati
shall be crushed so that 100 percent of the material will pass a 314 inch sieve and then sf
control aged for a period of at least 3 months under conditions that will maintain all portic
the stockpiled material at a moisture content in excess of 6 percent of the dry weight 1
aggregate.
Any supplier of steel slag aggregate shall provide separate stockpiles for controlled ag
the slag. An individual stockpile shall contain not less than 10,000 nor more than 50,000 ti
said slag. The material in each individual stockpile shall be assigned a unique lot number anc
stockpile shall be identified with a permanent system of signs. The supplier shall main
permanent record of the dates on which stockpiles are completed and controlled aging beg
the dates when controlled aging was completed, and of the dates tests were made and the 1
of said tests. Moisture tests shall be made at least once per week. No credit for aging I
given for the time period covered by any tests which show a moisture content of 6 percent c
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Such stockpiles and records shall be available to the Engineer during normal working hours j
inspection, check testing and review.
The supplier shall noti@ the Transportation Laboratory, 5900 Folsom Boulevard, Sacramen
California 95819, when each stockpile is completed and controlled aging begun. No mc
aggregate shall be added to the stockpile unless a new aging period is initiated. A hrtl
notification shall be sent when controlled aging is completed.
The supplier shall provide a Certificate of Compliance in conformance with the requiremei
in Section 6- 1.07, "Certificates of Compliance," of the Standard Specifications. Each stockpile
portion of a stockpile that is used in the work will be considered a lot. Said' Certificates
Compliance shall state that the steel slag aggregate has been aged in a stockpile for at least
months at a moisture content in excess of 6 percent of the dry weight of the aggregate.
Steel slag used for imported borrow shall be weathered for at least 3 months. Prior to the u
of steel slag as imported borrow, the supplier shall firnish a Certificate of Compliance
conformance with the requirements in said Section 6-1.07. The Certificate of Compliance sh
state that the steel slag has been weathered for at least 3 months.
Each delivery of aggregate containing steel slag for use as aggregate subbase or Class
aggregate base shall be accompanied by a delivery tag for each load which will identi@ the lot
material by stockpile number, where the slag was aged, and the date that the stockpile w
completed and controlled aging begun.
Air-cooled iron blast furnace slag or natural aggregate may be blended in proper combinatio:
with steel slag aggregate to produce the specified gradings, for those items for which steel SI:
aggregate is permitted, unless otherwise provided.
Aggregate containing slag shall meet all of the applicable quality requirements for the items
which the aggregate is used.
The combined slag aggregate shall conform to the specified grading for the item in which it
used. The grading will be determined by California Test 202, modified by California Test IC
when there is a difference in specific gravity of 0.2 or more between the coarse and fine portion (
the aggregate or between blends of different aggregates.
No aggregate produced from slag shall be placed within one foot, measured in any directioi
of any non-cathodically protected pipe or structure unless the aggregate is incorporated j
portland cement concrete pavement, in asphalt concrete, or in treated base.
When slag is used as aggregate in asphalt concrete, the Kc factor requirements, as determine
Slag aggregate used for embankment construction shall not be placed within 18 inches (
by California Test 303, will not apply.
finished slope lines, measured normal to the plane of the slope.
In addition to the requirements of Section 39-3.01, "Storage," of the Standard Specification
steel slag aggregate shall be stored separately from iron blast furnace slag aggregate and each typ
of slag aggregate shall also be stored separately from natural aggregate.
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Asphalt concrete produced from more than one of the following shall not be placed i
same layer: steel slag aggregates; iron blast fknace slag aggregates; natural aggregates; c
combination thereof. Once a type of aggregate or aggregates is selected, it shall not be chi
without prior approval by the Engineer.
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If steel slag aggregates are used to produce asphalt concrete, and if the specific gravit!
compacted stabilometer test specimen is in excess of 2.40, the quantity of asphalt concrete
paid for will be reduced. The stabilometer test specimen will be fabricated in accordance wi
procedures in California Test 304 and the specific gravity of the specimen will be determir
accordance with Method C of California Test 308. The pay quantity of asphalt concrete v
determined by multiplying the quantity of asphalt concrete placed in the work by 2.4(
dividing the result by the specific gravity of the compacted stabilometer test specimen.
reduction in quantity will be determined and applied as often as is necessary to insure acc
results as determined by the Engineer.
8-1.04 ENGINEERING FABRICS;.--Engineering fabrics shall conform to the require1
in Section 88, "Engineering Fabrics," of the Standard Specifications and these special provisic
All filter fabric for this project shall be ultraviolet ray (UV) protected.
Filter fabric shall be one of the following: 8
Mirafi 700X
Carthagemills Polyfilter X
hoc0 1199
SECTION 8-2 CONCRETE
8-2.01 CEMENT AND WATER CONTENT;.--Except for concrete listed belov
concrete which is designated as Class A and all concrete for use in structures shall contain nc
than 615 pounds of cement per cubic yard and shall be air-entrained as provided in Section
"Admixtures," of the Standard Specifications. The air content at time of mixing and pri
placing shall be 3 percent f one percent I 1. Paving concrete.
2. Concrete designated by 28-day compressive strength.
3. Concrete designated as Class D or by a cement content which exceeds 615 pound
cubic yard. 1 4. Seal course concrete. c 6. Concrete for piling.
5. Concrete for roadway deck slabs of highway bridges.
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Except for concrete for roadway deck slabs of highway bridges, the amount of free water use
in concrete shall not exceed 340 pounds per cubic yard, plus 20 pounds for each required 10
pounds of cement in excess of 61 5 pounds per cubic yard.
The amount of free water used in concrete for roadway deck slabs of highway bridges sha
not exceed 3 10 pounds per cubic yard, plus 20 pounds for each required 100 pounds of cement i
excess of 658 pounds per cubic yard.
SECTION 9 - DESCRIPTION OF BRIDGE WORK
The work to be done consists of constructing the bridge shown on the plans. The bridg
name and number is as follows:
SA?? MARCOS CREEK BRIDGE
(West Carlsbad Boulevard)
(Bridge No. 57C-2 1 1 L)
A cast-in-place reinforced concrete, flat slab bridge, approximately 40-feet wide by I 80-feet
long
SECTION 10. CONSTRUCTION DETAILS
SECTION 10-1. GENERAL
10-1.00 CONSTRUCTION PROJECT FUNDING IDENTIFICATION SIGNS;..
Before any major physical construction work readily visible to highway users is started on thi
contract, the Contractor shall hrnish and erect 2 Type -]-(modified), Construction Projec
Funding Identification Signs at the locations designated by the Engineer.
The signs shall be of a type and material consistent with the estimated time of completion c
the project and shall conform to the details shown on the standard plan, included in these speck
provisions as Appendix F
The sign letters, and border shall conform to the colors and details shown on the standar
plan and shall be on a white background (non-reflective). The City route shield and Detail "B
logo will be hrnished by the Engineer 15 days after Contractor submits a written request.
The sign messages to be used for the types of hnding involved shall consist of the following
in the order shown.
FEDERAL HIGHWAY TRUST FUNDS
CITY OF CARLSBAD FUNDS
The letter sizes to be used shall be as shown on the plans. The information shown on the
signs shall be limited to that shown on the plans
The signs shall be kept clean and in good repair by the Contractor
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Upon completion of the work, the signs shall be removed and disposed of.
Full compensation for furnishing, erecting, maintaining, and removing and disposing c
construction project funding identification signs shall be considered as included in the coi
lump sum price paid for mobiiization and no additional compensation will be allowed therefc
10-1.01 ORDER OF WORK;.--Order of work shall conform to the provisions in Secti
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"Construction Schedule," of Part 1 and these special provisions.
Attention is directed to "Maintaining Traffic" and "Temporary Pavement Delineation" of
special provisions.
Before obliterating any pavement delineation that is to be replaced on the same alignmer
location, as determined by the Engineer, such pavement delineation shall be referenced b
Contractor, with a sufficient number of control points to reestablish the alignment and locati
the new pavement delineation. The references shall also include the limits or changes in st1
pattern, including one- and two-way barrier lines, limit lines, crosswalks and other paw
markings. Full compensation for referencing pavement delineation shall be considered as inc
in the contract prices paid for new pavement delineation and no additional compensation v
a1 1 owed therefor .
10-1.02 WATER POLLUTION CONTROL;.--Water pollution control shall confoi
the requirements in Section 7-1.01 G, "Water Pollution," of the Standard Specifications and
special provisions.
In addition to the requirements in said Section 7-1.01G, the Contractor's program to c(
Lvater pollution shall include a storm water pollution prevention plan to prevent, to the t
feasible, any net increase in pollution of storm water runoff from entering waterways. The
water pollution prevention plan shall be combined with the water pollution control prc
submittal. The combined submittal shall include all the requirements in said Section 7-1.01(
the requirements specified herein.
This project is subject to the requirements of General Permit No. CAS 000002 issued 1
State of California Water Resources Control Board. This permit regulates storm water disck
associated with construction activities. Attention is also directed to the booklet entitled, "I
Water Pollution Prevention Plan Handbook," published by the Department to assist i
development of the storm water pollution prevention plan.
Copies of the handbook, with General Permit No. CAS000002 included, may be ob1
from the Department of Transportation, Materiel Operations Branch, Publication Distril
Unit, 1900 Royal Oaks Drive, Sacramento, California 9581 5, Telephone: (91 6) 445-3520.
The Contractor shall fully inform himself of the conditions of the General Permit which .g
Specificall! his operations and shall conduct his construction operations accordingly.
Contractor shall comply with the General Permit's discharge prohibitions and receiving
limitations. b
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The Contractor shall maintain a copy of the General Permit at the construction site and sha
make the permit available to operating personnel during construction activities.
The Contractor shall allow authorized agents of the State Regional Water Quality Contrc
Board, State Water Resources Control Board, U. S. Environmental Protection Agency, and loc;
storm water management agency, upon the presentation of credentials and other documents a
may be required by law, to:
1. Enter, at reasonable times, upon the construction site and the Contractor's facilitie
pertinent to the work.
2. Have access to and copy, at reasonable times, any records that must be kept as specified i
the General Permit.
3. Inspect, at reasonable times, the construction site and related erosion and sediment contrc
measures.
4. Sample or monitor, at reasonable times, for the purpose of ensuring compliance with tk
General Permit.
Conformance with the requirements of this section shall in no way relieve the Contractor fro1
his responsibilities, as provided in Section 7-1.1 1, "Preservation of Property," and Section 7-1.1:
"Responsibility for Damage," of the Standard Specifications.
The storm water pollution prevention plan shall include erosion control measures for a
phases of the work. The storm water pollution prevention plan shall achieve the objectives 0.
and shall satisfy the requirements outlined in Section A of General Permit CAS000002, related t
the Contractor's operations for the period of time that the Contractor is responsible for th
construction site.
The Contractor shall submit to the Engineer an amended water pollution control prograr
\vhene\,er there is a change in construction or operations which may affect the discharge c
significant quantities of pollutants to surface waters, ground waters, or a municipal separate storr
sewer system. The program shall also be amended if it is in violation of any condition of th
General Permit,
A copy of the storm water pollution prevention plan, together with any revisions, shall be keI
at the construction site.
The Contractor shall give immediate notice to the Engineer of any planned changes in tl-
construction activity which may result in noncompliance with these special provisions.
10-1.03 TEhIPORARY EROSION CONTROL;.--Temporary erosion control shall consii
of, but not be limited to, constructing such facilities and taking such measures as are necessary t
prevent, control, and abate water, mud, and erosion damage to public and private property as
result of the construction of this project.
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his responsibilities, as provided in Section 7-1.01 G, "Water Pollution," Section 7.
"Preservation of Property," and Section 7-1.12, "Responsibility for Damage," of the Sta
Specifications.
The requirements in said Section 7-1.01G shall apply to temporary erosion control work
program for water pollution control to be submitted shall include the Contractor's plar
erosion control measures for all phases of the work.
By October 1 of each year such temporary erosion control features as are necessary to PI
damage during the forthcoming winter season shall be constructed and fknctioning. 1
earthwork in any area has not progressed to a point where all or part of the facilities c
temporary erosion control plans for that area can be constructed, the Contractor shall con
such supplementary temporary erosion control facilities as are necessary to protect ad-
private and public property.
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1. The Contractor shall conduct his operations in such a manner that storm runoff v
contained within the project or channeled into the storm drain system which serves the I
area. Storm runoff from one area shall not be allowed to divert to another runoff area.
2. Storm drain systems, toe of slope drains, and outlet structures shall be constructe
operating prior to commencing, or concurrently with placing, an embankment. Temr
downdrains, drainage structures, and other devices shall be provided to channel storm 1
water into the respective permanent storm drain systems during construction. Mud ar
shall be settled out of the storm runoff before said runoff enters the storm drain systc I local waters.
3. Embankment areas, while being brought up to grade and during periods of comp
prior to final roadbed construction, shall be protected by various measures to elk
erosion and the siltation of downstream facilities and adjacent areas. These measure:
include, but shall not be limited to: temporary downdrains, either in the form of pig
paved ditches with protected outfall areas; graded berms around areas to eliminate eros
embankment slopes by surface runoff; confined ponding areas to desilt runoff, and temr
check dams in toe of slope ditches to desilt runoff.
4. Excavation areas, while being brought to grade, shall be protected from erosio
the resulting siltation of downstream facilities and adjacent areas by the use of v,
temporary erosion control measures, These measures may include, but shall not be limit
check dams; confined ponding areas to desilt the runoff, and protection, such as sand
around inlets which have not been brought up to grade.
5. Contour graded areas shall be protected against erosion and the resulting siltat
downstream facilities and adjacent areas during grading operations. Various measure
include, but shall not be limited to: the use of graded contour berms to control sheet
supplemental grading of large areas around temporary or unfinished inlet structures, SI
inside ramp loops, to provide desilting basins; and temporary ditch paving
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6. From October 1 to May 1:
a. During embankment construction, an earth berm or appropriate grading to dire
drainage away from the edge of the top of the embankment shall be constructed ai
maintained on those embankments where earthwork operations are not in progress.
b. Special attention will be required to protect areas which have been cleared ai
grubbed prior to excavation or embankment operations, and which are subject to runc
during the period from October 1 to May 1. Temporary measures may include, but shi
not be limited to: temporary desilting basins; contour graded ditches; temporary pavc
and unpaved ditches; and filter fabric fences to filter silt and sediment from runoff.
c. Mer each storm, desilting basins shall be checked against their design capacity ar
if necessary, silt and sediment shall be removed to restore capacity.
Culvert pipe used in conjunction with temporary erosion control measures which was ne
when delivered to the project site and, in the opinion of the Engineer, is not damaged and who
dimensions and other properties conform to the requirements for new material may be used in tl
new work.
Full compensation for performing water pollution control and erosion control which is not
part of the planned permanent work shall be considered as included in the contract price paid p
cubic yard for roadway excavation and no additional compensation will be allowed therefor.
Full compensation for any extra cost involved in performing planned permanent wat
pollution control and erosion control to act as temporary water pollution control and tempora
erosion control shall be considered as included in the contract prices paid for the various items 1
xvork involved and no additional compensation will be allowed therefor.
10-1.04 TEMPORARY FENCES;.--Temporary fence and gate shall be hrnished ar
constructed, maintained, and later removed as shown on the plans, as specified in these speci
provisions, and as directed by the Engineer.
Except as otherwise specified in this section, temporary fenceand gate shall conform to tl
plan details and the specifications for permanent fences of similar character as provided in Sectic
80, "Fences," of the Standard Specifications.
Used materials may be used providing such used materials are good, sound, and are suitab
for the purpose intended.
hlaterials may be commercial quality providing the dimensions and sizes of said materials ai
equal to, or greater than, the dimensions and sizes shown on the plans or specified by tl
specifications.
Posts shall be either metal or wood at the Contractor's option
Galvanizing and painting of steel items will not be required
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Treating wood with wood preservatives will not be required.
Concrete footings for metal posts will not be required.
Temporary fences that are damaged from any cause during the progress of the work sha
repaired or replaced by the Contractor at his expense.
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When no longer required for the work as determined by the Engineer, temporary fence
gate shall be removed. Removed facilities shall become the property of the Contractor and
be removed from the site of the work, except as otherwise provided in this section. R
Removed temporary fence and gate materials that are not damaged may be reused ir
permanent work providing such materials conform to all of the requirements specified foi
permanent work and such materials are new when used for the temporary fences.
Holes caused by the removal of temporary fences shall be backfilled in accordance wit1
provisions in the second paragraph of Section 15-1.02, "Preservation of Property,'' of
Standard Specifications.
Temporary fence and gate and gate will be measured and paid for lump sum.
The contract lump sum price paid for temporary chain link fencelgate shall include
compensation for firnishing all labor, materials, tools, equipment, and incidentals and for doir
the work involved in constructing and removing temporary chain link fence and gate comple
place, as shown on the plans, as specified in the Standard Specifications and these SI
provisions, and as directed by the Engineer.
10-1.05 COOPERATION;.--Attention is directed to Sections 7-1.14, "Cooperation,'
8-1 10, "Utility and Non-Highway Facilities," of the Standard Specifications and Section 7
Part 1 of these special provisions. e
1 Contractor shall notify the following listed utilities not less than 20 working days pri
commencing work in the vicinity of their facilities.
The Gas Company, Larry Jacquez (3 10) 578-2643
Southern California
Gas Company
San Diego Gas and John MacDonald (6 19) 696- 1895
Electric Company
Throughout the duration of this project the lagoon water level control pipeline will be
San Marcos Creek channel. The Contractor shall cooperate with the contractor controllir
lagoon water level system and shall include the cost of this cooperation in the prices bid fi
various contract items of work involved.
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Notify the S.C.Gas Company 4 weeks in advance of the date when the stainless steel a
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bolts are required.
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Notify SDG&E Company 4 weeks in advance of the date that the deck will be ready
installation of the 8" casing pipe.
Notify the SDG&E Company 2 weeks in advance of the date the structure and approach \
10- 1.06 PROGRESS SCHEDULE (CRITICAL PATH);.--Progress schedules will
be ready and allow installation of the 4" gas line.
required for this contract. Within 20 working days of the approval of the contract the Contraci
shall submit to the Engineer a baseline progress schedule. The baseline progress schedule SI-
utilize a Critical Path Method (CPM) network diagram that clearly shows sequence and durati
of major construction activities, interim milestones or completion dates required in the contra
and the controlling operation or operations.
The baseline CPM progress schedule submitted by the Contractor shall have no more than 1
activities unless permitted otherwise by the Engineer, and shall show all major activities tl
define the critical path for significant portions of the work. Individual activities that are r
significant in themselves and create a series of parallel paths, shall be grouped within maj
activities or combined to form a more general major activity. The actual number of activities
the CPM network shall, in the judgment of the Engineer, be sufficient to assure adequate plannii
of the project and to permit monitoring and evaluation of progress and the analysis of tin
impacts and not to primarily manage the various resources that may be used by the Contractc
Along with the network diagram the Contractor shall submit a tabular listing of the schedu
activities, their dependency and precedence relationships, durations and performance sequence
Major activities are defined as single activities or groups of activities that create a significa
portion of the project due to location, related type of work, or common completion dates. Majl
activities shall have durations of not less than 5 nor more than 20 working days. Milestone I
transitional activities may have durations of less than 5 days. Isolated major activities, concurre
or combined activities may have more than 20 working days when approved by the Engineer.
schedule will not be acceptable if it shows completion dates beyond the contract requirements fi
interim target dates, milestones or contract completion. The contract completion date shall 1
based on the working days designated in the contract and not on a proposed early completic
shown in the schedule. The baseline schedule shall not attribute either negative float or lag to ar
activity.
The schedule submitted shall meet in all respects the time and order of work requirements (
the contract The work shall be executed in the sequence indicated in the accepted baselin
schedule and subsequent accepted updates and revisions. The Contractor shall be responsible fc
assuring that all work sequences are logical and the network shows a coordinated plan fc
complete performance of the work. Failure of the Contractor to include any element of wor
required for the performance of the contract in the network shall not relieve the Contractor fro1
completing all work within the time limit specified for completion of the contract. If th
Contractor fails to define any element of work, activity or logic, and the omission or error j
discovered by either the Contractor or the Engineer, it shall be corrected by the Contractor at th
next scheduled monthly update or revision.
Once the Engineer accepts a CPM progress schedule, the Contractor shall not artificial1
improve his progress or change the quantity of float in any part of the schedule by adding c
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I deleting activities, revising schedule logic restraints or changing planned activity durations.
Contractor may improve his progress by performing sequential activities concurrently c
performing activities more quickly than planned. In the case of multiple critical paths,
generated by early completion of one or a sequence of activities will be considered in determ
if that sequence of activities remains on the critical path.
The Contractor shall allow 15 days for the Engineer to review and accept, reject or retur
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1 correction or clarification any schedule submitted.
The Contractor shall submit a revised CPM network within 15 days when requested b:
Engineer, or when there is significant change in the Contractor's operations that will affec
critical path. These revisions shall be in addition to and separate from the regular req
monthly updates.
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An update is defined as a regular monthly review of the CPM schedule, as of the last mo
estimate, to incorporate actual progress to date by activity, any approved time adjustment-
projected completion dates. A revision is defined as a change in the hture portion of the sch
that modifies logic, adds or deletes activities, or alters activities, sequences or durations. F1
defined as the amount of time between the early start date and late start date, or the early
date and the late finish date, of any activity or group of activities in the network. Float sha
be considered as time for the exclusive use of or benefit of either the State or the Contract(
shall be considered as a resource available to both parties and shall not be used to the fin;
detriment of either party.
On or before the first calendar day of each month, the Contractor shall meet with the En;
to review contract progress. The Contractor shall submit to the Engineer at the monthly pro
meeting both a written narrative report and an update of the CPM schedule. The report
identify and discuss potential problem areas; current and anticipated delaying factors and
impact; actions taken or proposed; proposed changes in CPM schedule logic; out of seqi
work; and any other topics related to job progress or scheduling. The Contractor shall updx
most recent schedule to incorporate all current schedule information, including actual proj
approved adjustments of time and proposed changes in sequence and logic.
Progress status shall be evaluated by the activities on the critical path at the time of upd
If the current updated CPM schedule indicates that the contract progress is 20 days or
behind the planned schedule, as determined by the Engineer, the Contractor shall submit *
Engineer a revised CPM schedule and an explanation of corrective action taken or propos
the Contractor to complete the project within the time specified. Negative float indicati
activities are behind schedule and positive float indicates status ahead of schedule. I
If the Contractor or the Engineer considers that an approved or anticipated change will i
the critical path or contract progress, a schedule analysis and revised CPM schedule supp
the proposed adjustment of time shall be submitted to the Engineer for discussion, revie.
acceptance. All changes shall be shown as separate activities or groups of activities and el
into the relevant part of the approved network schedule current at the time of change. If:
revision is not available, the Engineer may, at his option, construct and utilize the project a,
schedule, or other recognized method of delay impact analysis. In case of a deductive c
reducing the quantity of work to be done under affected activities, the estimated duration of
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activities shall be adjusted to reflect the reduced quantities of work. The Contractor shall subrr
a written report, describing the adjustments and reasons for the adjustments, and the impact of tl
changes.
The Engineer may use these and other information in evaluating the effect of the change
delays, or time savings on the critical path and the accepted schedule current at the time i
determine the applicable adjustment of time, if any, to any target date or completion date due 1
the changes, delays, or time savings.
Changes or delays that do not affect the controlling operation or operations on the critic
path will not be considered as the basis for a time adjustment. Changes or delays that do affel
the controlling operation or operations on the critical path will be considered in granting E
extension of time for completion of the contract only if the total float is absorbed by the delay.
The Contractor shall provide for the State’s exclusive possession and use a complete computt
system specifically capable of creating, storing, updated and producing CPM schedules. It is th
Contractor’s responsibility to maintain and repair the computer system. The Engineer may us
the furnished computer hardware, software and instruction manuals for any purposes relating t
the subject project. Before delivery and setup of the computer system, the Contractor sha
submit to the Engineer for approval a detailed list of all computer hardware and software th
Contractor proposes to furnish. The minimum computer system to be furnished shall include th
following:
I. Complete computer system, including keyboard and monitor, using either an Intel 80386
with a math coprocessor, or a Motorola 68030 microprocessor chip.
2. Computer operating system software, compatible with the selected processing unit, fc
either MS-DOS 3.3, or later, system with 4 megabytes of random access memory (RAM
or MACINTOSH 6.0.2, or later, system with 4 megabytes of random access memor
(RAW
3. A 40 megabyte hard disk drive and a 1.44 megabyte 3 1/2-inch floppy disk drive.
4. A printer compatible with the selected system capable of printing hlly legible, timescalel
charts, network diagrams and reports.
5. CPM software, compatible with the hardware provided.
The computer hardware and software hrnished by the Contractor shall be compatible wit1
that used for the production of the CPM progress schedule required by the contract, includin!
instruction manuals and other documentation normally provided with the software.
The Contractor shall furnish, install, set up, maintain and repair the computer hardware an(
software ready for use at a location determined by the Engineer. The hardware and software shal
be installed and ready for use by the first submission of the progress schedule. When requested b;
the Engineer, the Contractor shall instruct and assist the Engineer in the use of the hardware an(
software.
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All computer hardware and software firnished shall remain the property of the Contract0
shall be removed by the Contractor upon acceptance of the contract when no claims invo
contract progress are pending. When contract claims involving contract progress are pen
computer hardware or software shall not be removed until the final estimate has been submitt
the Contractor.
Progress schedule (critical path) will be paid for at a lump sum price. The contract lump
price paid for progress schedule (critical path) shall include fill compensation for furnishii
labor, materials (including computer hardware and software), tools, equipment, and incide
and for doing all the work involved in preparing, firnishing, updating, revising CPM pro
schedules; maintaining and repairing the computer hardware; and instructing and assistini
Engineer in the use of the computer hardware and software, as specified in these si
provisions, and as directed by the Engineer. Payments for progress schedule (critical path) u
made as follows:
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Five percent work completed and an accepted baseline, then 50 percent paymer
progress schedule (critical path) will be made.
Twenty-five percent work completed and an accepted baseline, then 75 percent pa!
for progress schedule (critical path) will be made.
Fifty percent work completed and an accepted baseline, then 90 percent payme1
progress schedule (critical path) will be made.
One hundred percent work completed, then 100 percent payment for progress sch
(critical path) will be made.
The Department will retain an amount equal to 25 percent of the estimated value of the
performed during the first estimate period, in which the Contractor fails to submit a bas
revised or updated CPM schedule, conforming to the requirements of this section, as deter1
by the Engineer. Thereafter; on subsequent successive estimate periods the percentag
Department will retain will be increased at 25 percent per estimate period in which accel
CPM progress schedules have not been submitted to the Engineer. Retentions for faih
submit acceptable CPM progress schedules shall be additional to all other retentions providz
in the contract. The retention for failure to submit acceptable CPM progress schedules 'c
released for payment on the next monthly estimate for partial payment following the dat
acceptable CPM progress schedules are submitted to the Engineer.
The adjustment provisions shall not apply to the item of progress schedule (critical
Adjustments in compensation for progress schedule will not be made for any increas
decreased work ordered by the Engineer in firnishing progress schedules.
10-1.07 OBSTRUCTIONS;.--Attention is directed to Sections 8-1.10, "Utility and
Highway Facilities," and 15, "Existing Highway Facilities," of the Standard Specificatior
these special provisions.
The Contractor's attention is directed to the existence of certain underground facilitit
may require special precautions be taken by the Contractor to protect the health, safe1
b
Underground Service
Alert-Northern California
Undcrground Service
Alert-Southern California
South Shore Utility
Coordinating Council
Wcstern Utilities
(USA)
(USA)
(DIGS)
Underground Alert. Inc.
1-800-632-2444
1-800-422-3133
1-800-511-3447
1-800-424-3447
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Utility Location Working
Days 4" Gas, West Carlsbad
San Diego Boulewrd Roadway
Gas & Electric
Notification: 20
To remove from
senice
Install casing 15
in bridge
in bridge
approaches
Bridge and Beach area I a'
Install 4" gas line 10
12" Gas, South. West Carlsbad
California Gas Boulevard Roadway and
Company Bridge
Installation: 15
On completed brid
The Southern California Gas Company will be installing facilities on the completed bridg
within the limits of the work. The Contractor shall install utility owner fkrnished stainless
anchor bolts during construction of the bridge. 1 db
The San Diego Gas and Electric Company (SDG&E) will relocate their facilities o
completed bridge and within the limits of work. SDG&E will install an 8" steel casing with
bridge deck during construction. At the completion of the bridge and prior to completi
approach roadway, SDGBLE will install a 4" gas line in the casing and in the approach roac
Remaining relocation of the 4" gas line will be done at other times compatible wit
Contractor's operations.
10-1.08 DUST CONTROL;.--Dust control shall conform to the provisions in Sectic
"Dust Control,'' of the Standard Specifications and these special provisions.
The third paragraph of Section 10-1.01, "Description," of the Standard Specificatic
amended to read:
It is understood that the provisions in Section 10, "Dust Control," will not preve:
Contractor from applying water or dust palliative for his convenience if he so dc
however, the Contractor shall endeavor, whenever possible, to restrict the use of wa
control dust for his convenience due to the current need to conserve water.
Attention is directed to "D7ater Conservation" of these special provisions regarding the
a dust palliative to control dust. I.
Underground Senice
Alert-Northern California
Underground Service
Alert-Southern California
South Shore Utility
Coordinating Council
(DIGS)
Western Utilities
(USA)
(USA)
Underground Alert. Inc.
1(800)642-2441
1 (S00)422-4 133
1(S00)541-3447
1 (S00)424-3447
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The contract unit price paid per each for flashing arrow sign shall include full compens
for finishing all labor, materials, tools, equipment, and incidentals and for doing all the 7
involved in placing the flashing arrow sign, complete in place, including all maintenance, as SI
on the plans, as specified in the Standard Specifications and these special provisions, ar
@ I directed by the Engineer.
Personal vehicles of the Contractor's employees shall not be parked within the right of
except at locations where the traveled way is closed to public traffic.
The Contractor shall notify local authorities of his intent to begin work at least 5 days b
work is begun. The Contractor shall cooperate with local authorities relative to handling t
through the area and shall make his own arrangements relative to keeping the working area 1 of parked vehicles.
Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lam
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed
taper in advance of the parked vehicles or equipment and along the edge of the pavemc
25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipmer
minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road '
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree
flags. The flag tree shall be placed where directed by the Engineer.
Minor deviations from the requirements of this section concerning hours of work whic
not significantly change the cost of the work may be permitted upon the written request c
Contractor if in the opinion of the Engineer public traffic will be better served and the
expedited. Such deviations shall not be adopted until the Engineer has indicated his w
approval. All other modifications will be made by contract change order.
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Pedestrian and bicycle access shall be provided through construction areas within the rii
way as shown on the plans and as specified herein. Hand railings shall be provided as necc
to protect pedestrian traffic from hazards due to construction operations or adjacent veh
traffic.
At least one walkway shall be available at all times. If the Contractor's operations rl
the closure of one walkway, then another walkway shall be provided nearby, off the tr: 1 roadway.
Railings shall be constructed of wood, S4S, and shall be painted white. Railing
walkways shall be maintained in good condition by the Contractor. Walkways shall be kepl
of obstructions.
Full compensation for providing said pedestrian and bicycle facilities shall be considei
included in the prices paid for the various contract items of work involved and no add
compensation will be allowed therefor.
10-1.12 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE;.--A traffic c
system shall consist of closing traffic lanes in accordance with the details shown on the plar
provisions of Section 12, "Construction Area Traffic Control Devices,'' of the St2
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Specifications, the provisions under "Maintaining Traffic" and "Construction Area Sig
elsewhere in these special provisions, and these special provisions.
The provisions in this section will not relieve the Contractor from his responsibility to prov
such additional devices or take such measures as may be necessary to comply with the provisic
in Section 7- 1.09, "Public Safety," of the Standard Specifications.
Each vehicle used to place, maintain, and remove components of a traffic control system
multilane highways shall be equipped with a Type I1 flashing arrow sign which shall be
operation when the vehicle is being used for placing, maintaining, or removing said componer
The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. 1
flashing arrow sign shown on the plans shall not be used on the vehicles which are doing 1
placing, maintaining, and removing, of components of a traffic control system, and shall be
place before a lane closure requiring its use is completed.
If any component in the traffic control system is displaced, or ceases to operate or fbnction
specified, from any cause, during the progress of the work, the Contractor shall immediatt
repair said component to its original condition or replace said component and shall restore t
component to its original location.
When lane closures are made for work periods only, at the end of each work period,
components of the traffic control system, except portable delineators placed along open trench
or excavation adjacent to the traveled way, shall be removed from the traveled way and should<
If the Contractor so elects, said components may be stored at selected central locations, approv
by the Engineer, within the limits of the highway right of way.
The contract lump sum price paid for traffic control system shall include full compensation f
furnishing all labor including flagging costs, materials (including signs), tools, equipment ai
incidentals, and for doing all the work involved in placing, removing, storing, maintaining, movii
to new locations, replacing, and disposing of the components of the traffic control system
shown on the plans, as specified in the Standard Specifications and these special provisions, ai
as directed by the Engineer.
The contract lump sum price paid for traffic control system shall include full compensation ft
furnishing all labor, materials (including signs), tools, equipment and incidentals, and for doing i
the work involved in placing, removing, storing, maintaining, moving to new locations, replacinj
and disposing of the components of the traffic control system including removing and replacir
curb, gutter, and metal beam guard rail, as shown on the plans, as specified in the StandaI
Specifications and these special provisions, and as directed by the Engineer.
The adjustment provisions in Section 4-1.03, "Changes," of the Standard Specifications, sha
not apply to the item of traffic control system. Adjustments in compensation for traffic contrc
system will be made only for increased or decreased traffic control system required by changc
ordered by the Engineer and will be made on the basis of the cost of the increased or decrease
traffic control necessary. Such adjustment will be made on a force account basis as provided 1
Section 9-1.03, "Force Account Payment," of the Standard Specifications for increased work, an
estimated on the same basis in the case of decreased work.
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Traffic control system required by work which is classed as extra work, as provided in Se 1 4-1.03D of the Standard Specifications, will be paid for as a part of said extra work.
10-1.13 TRAFFIC CONTROL FOR TRAFFIC STRIPING; .--During traffic I
operations and pavement marker placement operations raffic shall be controlled with
closures, as provided for under "Traffic Control System For Lane Closure" of these SI
provisions, or by use of an alternate traffic control plan proposed by the Contractor.
Contractor shall not start traffic stripe operations using an alternate pian until he has submittt
plan to the Engineer and has received written approval of said plan. Alternate traffic control
for striping operations shall conform to the provisions in Section 7-1.08, "Public Convenie
7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Stai
Specifications and these special provisions.
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Flashing arrow signs shall be in the caution display mode when used on two lane highway
The Contractor's attention is directed to the provisions in Section 84-1.04, "Protection
Damage," of the Standard Specifications.
Full compensation for providing traffic control for applying traffic stripes and pavt
contract prices paid for the vi markers
items involved
shall be considered as included in the contract
and no separate payment will be made therefor.
10-1.14 TEMPORARY PAVEMENT DELINEATION;.--Temporary pavc
delineation shall be furnished, placed, maintained and removed in accordance with the prov
in Section 12-3.01, "General," of the Standard Specifications and these special provi
Nothing in these special provisions shall be construed as to reduce the minimum stan
specified in the Manual of Traffic Controls published by the Department or as relievin
Contractor from his responsibility as provided in Section 7-1.09, "Public Safety," of the Sta
Specifications.
GENERAL.--Whenever the work causes obliteration of pavement delineation, tempor:
permanent pavement delineation shall be in place prior to opening the traveled way to 1
traffic. Laneline or centerline pavement delineation shall be provided at all times for tre
ways open to public traffic. On multilane roadways (freeways and expressways) ed
delineation shall be provided at all times for traveled ways open to public traffic.
All work necessary, including any required lines or marks, to establish the alignmi
temporary pavement delineation shall be performed by the Contractor. Surfaces to r
temporary pavement delineation shall be dry and free of dirt and loose material. Teml
pavement delineation shall not be applied over existing pavement delineation or other tem]
pavement delineation. Temporary pavement delineation shall be maintained until supersec
replaced with a new pattern of temporary pavement delineation or permanent pav
delineation.
Temporary pavement markers and removeable traffic type tape which conflicts with
traffic pattern or which is applied to the final layer of surfacing or existing pavement to ren
place shall be removed when no longe; required for the direction of public traffic. as deter
by the Engineer.
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TEMPORARY LANELINE AND CENTERLINE DELINEATION.--Whenever lanelinc
and centerlines are obliterated and temporary pavement delineation to replace the lines is nc
shown on the plans, the minimum laneline and centerline delineation to be provided for that arr
shall be temporary reflective raised pavement markers placed at longitudinal intervals of not mo'
than 24 feet. The temporary reflective raised pavement markers shall be the same color as tl
laneline or centerline the markers replace. Temporary reflective raised pavement markers shall b
at the option of the Contractor, one of the temporary pavement markers listed for short ter
dayhight use (14 days or less) or long term day/night use (6 months or less) in "Prequalified ar
Tested Signing and Delineation Materials" elsewhere in these special provisions.
Temporary reflective raised pavement markers shall be placed in accordance with ti
manufacturer's instructions and shall be cemented to the surfacing with the adhesk
recommended by the manufacturer, except epoxy adhesive shall not be used to place pavemei
markers in areas where removal of the markers will be required.
Temporary laneline or centerline delineation consisting entirely of temporary reflective raise
pavement markers placed on longitudinal intervals of not more than 24 feet, shall be used on lant
opened to public traffic for a maximum of 14 days. Prior to the end of the 14 days the permanei
pavement delineation shall be placed. If the permanent pavement delineation is not placed with
the 14 days, the Contractor shall provide, at his expense, additional temporary pavemei
delineation. The additional temporary pavement delineation to be provided shall be equivalent t
the pattern specified for the permanent pavement delineation for the area, as determined by tk
Engineer.
Full compensation for furnishing, placing, maintaining, and removing the temporary reflectir
raised pavement markers, used for temporary laneline and centerline delineation (for those are;
where temporary laneline and centerline delineation is not shown on the plans and for providir
equivalent patterns of permanent trafic lines for such areas when required; shall be considered i
included in the contract prices paid for the items of work that obliterated the laneline ar
centerline pavement delineation and no separate payment will be made therefor.
TEMPORARY EDGELINE DELINEATION.--On multilane roadways (freeways ar
expressways) whenever edgelines are obliterated and temporary pavement delineation to replac
those edgelines is not shown on the plans, the edgeline delineation to be provided for that arc
adjacent to lanes open to public traffic shall, at the option of the Contractor, consist of either soli
4-inch wide traffic stripe of the same color as the stripe the temporary edgeline delineatic
replaces, or shall consist of traffic cones, portable delineators or channelizers placed :
longitudinal intervals not to exceed 100 feet.
Four-inch wide traffic stripe placed for temporary edgeline delineation, which will requii
removal, shall conform to the requirements of temporary traffic stripe (tape) specified hereii
Where removal of the 4-inch wide traffic stripe will not be required painted traffic strir
conforming to the requirements of temporary traffic stripe (paint) specified herein, may be use{
The quantity of temporary traffic stripe (tape) or (paint) used for this temporary edgelir
delineation will not be included in the quantities of tape or paint to be paid for.
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The lateral offset for traffic cones, portable delineators or channelizers used for temr
edgeline delineation shall be as determined by the Engineer. If traffic cones or PO
delineators are used as temporary pavement delineation for edgelines, the Contractor shall PI
personnel to remain at the jobsite to maintain the cones or delineators during all hours of tl
that they are in use.
Channelizers used for temporary edgeline delineation shall be surface mounted type an(
be orange in color. Channelizer bases shall be cemented to the pavement in the same n
provided for cementing pavement markers to pavement in the section of these special pro\
entitled "Pavement Markers," except epoxy adhesive shall not be used to place channelizers (
top layer of pavement. Channelizers shall be, at the Contractor's option, one of the surface I
types (36") listed in "Prequalified and Tested Signing and Delineation Materials" elsewh
these special provisions.
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Temporary edgeline delineation shall be removed when no longer required for the direct
public traffic, as determined by the Engineer.
Full compensation for furnishing, placing, maintaining, and removing the temporary ed
delineation for those areas where temporary edgeline delineation is not shown on the plan
be considered as included in the contract prices paid for the items of work that obliteratc
edgeline pavement delineation and no separate payment will be made therefor.
TEMPORARY TRAFFIC STRIPE (TAPE).--Temporary traffic stripe consisti
removable type traffic stripe tape shall be applied at the locations shown on the plans.
temporary traffic stripe tape shall be complete in place at the location shown, prior to openi
traveled way to public traffic.
Removable type traffic stripe tape shall be the temporary removeable construction grad
listed in "Prequalified and Tested Signing and Delineation Materials" elsewhere in these 5
provisions.
Removable type traffic tape shall be applied in accordance with the manufacturer's insta
instructions and shall be rolled slowly with a rubber tired vehicle or roller to ensure COI
contact with the pavement surface. Traffic stripe tape shall be applied straight on ti
alignment and on a true arc on curved alignment. Traffic stripe tape shall not be applied,
the air or pavement temperature is less than 50" F., unless the installation procedures to bi
are approved by the Engineer, prior to beginning installation of the tape.
Removable type traffic tape shall be removed, when as determined by the Engineer, il
longer required for the direction of public traffic, conflicts with a new traffic pattern for thf
or is applied to the final layer of surfacing or existing pavement to remain in place.
TEMPORARY PAVEMENT MARKING (TAPE).--Temporary pavement m
consisting of removable pavement marking tape shall be applied at the locations shown
plans. The temporary pavement marking tape shall be complete in place at the location I
prior to opening the traveled way to public traffic. I'
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Removable type pavement marking tape shall be the temporary removeable construction grac
type listed in "Prequalified and Tested Signing and Delineation Materials" elsewhere in the:
special provisions and shall be applied and removed in accordance with the provisions specific
for applying and removing the temporary traffic stripe tape.
MEASUREMENT AND PAYMENT.--Temporary pavement delineation will be measure
and paid for by lump sum.
The contract lump sum price paid for temporary pavement delineation t shall include fi
compensation for firnishing all labor, materials, tools, equipment, and incidentals and for doing E
the work involved in applying, maintaining and removing the temporary pavement delineatic
complete in place, as shown on the plans, as specified in the Standard Specification and the:
special provisions, and as directed by the Engineer.
10-1.15 TEMPORARY RAILING;.--Temporary railing (Type K) shall be placed at tf
locations shown on the plans, specified in these special provisions or in the Standar
Specifications or ordered by the Engineer, and shall conform to the provisions in Section 1
"Construction Area Traffic Control Devices," of the Standard Specifications and these speci
provisions.
Temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No.
reinforcing steel bar near the top in lieu of the 2 longitudinal No. 5 reinforcing steel bars near tl
top, as shown on the plans, may be used.
The Contractor's attention is directed to the provisions in "Public Safety" and "Order (
\170rk" elsewhere in these special provisions.
Temporary railing (Type K) placed in accordance with the provisions in "Public Safet!
elsemrhere in these special provisions will not be measured nor paid for.
10-1.16 TEMPORARY CRASH CUSHION MODULE;.--This work shall consist (
furnishing, installing and maintaining sand filled temporary crash cushion modules in groupings (
arrays at each location shown on the plans, specified in the special provisions or directed by tt
Engineer. The grouping or array of sand filled modules shall form a complete sand fill?
temporary crash cushion in accordance with the details shown on the plans and these speci
provisions.
Attention is directed to "Public Safety", "Order of Work", "Maintaining Traffic" ar
"Temporary Railing" of these special provisions.
GENERAL.--Whenever the work or the Contractor's operations establishes a fixed obstacl
the exposed fixed obstacle shall be protected with a sand filled temporary crash cushion. TI
sand filled temporary crash cushion shall be in place prior to opening the lanes adjacent to tl
fixed obstacle to public traffic.
Sand filled temporary crash cushions shall be maintained in place at each location, includir
times when work is not actively in progress. Sand filled temporary crash cushions may t
removed during a work period for access to the work provided that the exposed fixed obstacle
15 feet or more from a lane carrying public traffic and the temporary crash cushion is reset '
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protect the obstacle prior to the end of the work period in which the fixed obstacle was ex:
When no longer required, as determined by the Engineer, sand filled temporary crash cu
shall be removed from the site of the work.
MATERIALS.--At the Contractor's option, the modules for use in sand filled tern:
crash cushions shall be either of the following types or equal:
Energite Inertial Modules
Manufacturer: Distributor:
Energy Absorption Traffic Products Company
Systems, Inc. P.O. Box 1030
One East Wacker Drive
Chicago, IL 60601 95677-1030
or Fitch Inertial Modules:
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Rocklin, CA
Telephone (916) 624-9717
i National Distributor Distributor (Northern )
Roadwaj- Safety Service,
700-3 Union Parkway
Ronkonkoma, NY 11779 Telephone (408) 287-1943
Singletree Sales Company
San Jose, CA 95 112
Inc. 1533 Berger Drive
I Distributor (Southern )
Roadway Safety Senice,
700-3 Union Parkway
Ronkonkoma, NY 11779 Anaheim, CA 92805
Traffic Control Senice.
188 1 Betnior Lane
Telephone (711) 937-0122
Inc. Inc.
Modules contained in each temporary crash cushion shall be of the same type at each loc
The color of the modules shall be the standard yellow color as hrnished by the vendor, with
lids. The modules shall exhibit good workmanship free from structural flaws and objectic
surface defects. The modules need not be new. Good used undamaged modules conform
color and quality of the types specified above may be utilized. If used Fitch modules requi
seal are furnished, the top edge of the seal shall be securely fastened to the wall of the modi
a continuous strip of heavy duty tape.
Modules shall be filled with sand in accordance with the manufacturer's directions, and 1
sand capacity in pounds for each module as shown on the plans. Sand for filling the modules
be clean washed concrete sand of commercial quality. At the time of placing in the module
sand shall contain not more than 7 percent water, as determined by California Test 226.
. Modules damaged due to the Contractor's operations shall be repaired immediately b
Contractor at his expense. Modules damaged beyond repair, as determined by the Engineei
to the Contractor's operations shall be removed and replaced by the Contractor at his expens'
INSTALLATION.--Temporary crash cushion modules shall be placed on movable pall
frames conforming to the dimensions shown on the plans, The pallets or frames shall proT i'
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full bearing base beneath the modules. The modules and supporting pallets or frames shall not 1
moved by sliding or skidding along the pavement or bridge deck.
A Type P or Type R marker panel, as shown on the plans, shall be attached to the front of tl
leading module of each temporary crash cushion. The marker panel shall be firmly fastened to tl
module with commercial quality hardware or by other methods approved by the Engineer.
At the completion of the project, temporary crash cushion modules, sand filling, pallets I
frames, and marker panels shall become the property of the Contractor and shall be removed fro
the site of the work. Temporary crash cushion modules shall not be installed in permanent work
MEASUREMENT AND PAYMENT.--Temporary crash cushion modules will be measurf
by the unit determined from the actual count of modules used in the work or ordered by tl
Engineer at each location. Temporary crash cushion modules placed in accordance with tl
provisions in "Public Safety" elsewhere in these special provisions and modules placed in exce
of the number specified or shown will not be measured nor paid for.
Repairing modules damaged by public traffic will be paid for as extra work. Modull
damaged beyond repair by public traffic, when ordered by the Engineer, shall be removed ar
replaced immediately by the Contractor. Modules replaced due to damage by public traffic will 1
measured and paid for as temporary crash cushion module.
If the Engineer orders a lateral move of sand filled temporary crash cushions and tl
repositioning is not shown on the plans, moving the sand filled temporary crash cushion will t
paid for as extra work . Such temporary crash cushion modules will not be counted for payme,
in the new position.
The contract unit price paid for temporary crash cushion, sand filled shall include f?
compensation for hrnishing all labor, materials (including sand, pallets or frames and markc
panels), tools, equipment and incidentals, and for doing all work involved in hrnishing, installin:
maintaining. moving and resetting during a work period for access to the work, and removir
from the site of the work when no longer required (including those damaged by public traffic) tf
sand filled temporary crash cushion modules, complete in place, as shown on the plans, 2
specified in these special provisions and as directed by the Engineer.
10-1.1 7 EXISTING HIGHWAY FACILITIES;.--The work performed in connection wil
various existing highway facilities shall conform to the provisions in Section 15, "Existir
Highway Facilities," of the Standard Specifications and these special provisions.
Removing, existing curb, gutter and metal beam guardrail in way of constructing detours, ar
replacing them at the conclusion of the detour period will be measured and paid for as traff
control system.
Plans of the existing bridges are available for inspection at the ofices of the City Engineer:
Plans of existing bridges available at the above locations are original contract plans wil
significant changes noted and do not necessarily show normal construction tolerances ar
Lrariances. Lt'here dimensions of new construction required by this contract are dependent on tf
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dimensions of existing bridges, the Contractor shall veri6 the controlling field dimension
shall be responsible for adjusting dimensions of the work to fit existing conditions. 1
10-1.18 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS;.--T
stripes and pavement markings to be removed will be designated by the Engineer
10-1.19 REMOVE ROADSIDE SIGNS;.--Existing roadside signs, at locations shov
the plans to be removed, shall be removed and disposed of.
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Sign panels, as shown on the plans, shall be salvaged.
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Existing roadside signs shall not be removed until replacement signs have been install
until the existing signs are no longer required for the direction of public traffic, 1
otherwise directed by the Engineer.
Full compensation for salvaging sign panels shall be considered as included in the COI
unit price paid for remove roadside sign and no separate payment will be made therefor.
10-1.20 COLD PLANE ASPHALT CONCRETE PAVEMENT;.--Existing a!
concrete pavement shall be cold planed at the locations and to the dimensions shown on the I
Planing asphalt concrete pavement shall be performed by the cold planing me
Planing of the asphalt concrete pavement shall not be done by the heater planing method.
Cold planing machines shall be equipped with a cutter head not less than 30 inck
width and shall be operated so as not to produce fumes or smoke. The cold planing ma
shall be capable of planing the pavement without requiring the use of a heating devi
soften the pavement during or prior to the planing operation.
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The depth, width and shape of the cut shall be as indicated on the typical cross sectic
as directed by the Engineer. The final cut shall result in a uniform surface conforming 1
typical cross sections. The outside lines of the planed area shall be neat and uniform. PI
asphalt concrete pavement operations shall be performed without damage to the surfaci
remain in place.
Planed widths of pavement shall be continuous except for intersections at cross s
where the planing shall be carried around the corners and through the conform
Following planing operations, a drop-off of more than 0.15-foot will not be allowed 2
time between adjacent lanes open to public traffic.
Where transverse joints are planed in the pavement at conform lines no drop-off
remain between the existing pavement and the planed area when the pavement is oper
public traffic. If asphalt concrete has not been placed to the level of existing pavement t
the pavement is to be opened to public traffic a temporary asphalt concrete taper sh
constructed. Asphalt concrete for temporary tapers shall be placed to the level of the ex
pavement and tapered on a slope of 30.1 or flatter to the level of the planed area. I t Asphalt concrete for temporary tapers shall be commercial quality and may be sprea
Temporary a compacted by any method that will produce a smooth riding surface.
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concrete tapers shall be completely removed, including the removal of all loose material fro
the underlying surface, before placing the permanent surfacing. Such removed material sh,
be disposed of outside the highway right of way in accordance with the provisions in Sectic
7-1.13 of the Standard Specifications.
The material planed from the roadway surface, including material deposited in existii
gutters or on the adjacent traveled way, shall be removed and disposed of outside the highw
right of way in accordance with the provisions in Section 7-1.13 of the Standa
Specifications. Removal operations of cold planed material shall be concurrent with planii
operations and follow within 50 feet of the planer, unless otherwise directed by the Engineer
Cold plane asphalt concrete pavement will be measured by the square yard. The quanti
to be paid for will be the actual area of surface cold planed irrespective of the number
passes required to obtain the depth shown on the plans.
The contract price paid per square yard for cold plane asphalt concrete pavement sh,
include full compensation for firnishing all labor, materials, tools, equipment, and incidenta
and for doing all work involved in cold planing asphalt concrete surfacing and disposing
planed material, including firnishing the asphalt concrete for and constructing, maintainin
removing, and disposing of temporary asphalt concrete tapers, as specified in these spec.
provisions and as directed by the Engineer.
10-1.21 BRIDGE REMOVAL;.--Removal of the West Carlsbad Boulevard bridge sh;
conform to the requirements in Section 15-4, "Bridge Removal," of the Standa
Specifications and these special provisions.
Lt7est Carlsbad Boulevard Bridge, a reinforced concrete bridge, with abutment, piers and
wingwalls supported on reinforced concrete footings, and concrete barriers approximately 180
feet long and 40 feet wide.
All removed materials that are not to be salvaged or used in the reconstruction shi
become the property of the Contractor and shall be disposed outside the highway right of Wi
in accordance with the provisions in Section 7-1.13 of the Standard Specifications.
Full compensation for channel excavation in way of bridge removal will be considered
included in the lump sum price paid for bridge removal and no separate payment will be ma(
therefor.
10-1.22 EARTHWORK;.--Earthwork shall conform to the provisions in Section 1
"Earthwork," of the Standard Specifications: and these special provisions.
Where a portion of existing surfacing is to be removed, the outline of the area to be removc
shall be cut on a neat line with a power-driven saw to a minimum depth of 0.17-foot befo
removing the surfacing. Full compensation for cutting existing surfacing shall be considered
included in the contract price paid per cubic yard for roadway excavation and no addition
compensation will be allowed therefor.
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Clean earth fill shall be soil materials that meet the requirements for structure back
accordance with the provisions in Section 19-3.05, Structure backfill in the Sta
Specifications.
The portion of imported borrow placed within 4feet of the finished grade shall h
Resistance (R-value) of not less than 40.
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In addition to the description for roadway excavation contained in Section 19-2, Ro:
Excavation, of the Standard Specifications, all borrow and clean earthfill, channel excak
and excavation at the revetment junction as shown on the plans, shall be considered as inch
roadway excavation.
Surplus material shall be disposed of in accordance with Section 19-2.06 of the Sta
Specifications and these special provisions.
To the extent and limits authorized in writing and as directed by the Engineer, surplus m
maybe disposed of along the beach area adjacent to the roadway. Any surplus materis
cannot be disposed of in accordance with these provisions will become the property (
Contractor and shall be disposed of outside of the right-of-way in accordance with the pro\
of Section 7-1.13 of the Standard Specification.
Structure excavation (retaining wall) will be measured and paid for as structure exca
(bridge). I@ Structure backfill (retaining wall) will be measured and paid for as structural backfill (bri
10-1.23 AGGREGATE BASE;,--Aggregate base shall be Class 2 and shall conform
provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these s
provisions.
The first paragraph of Section 26-1.02A, "Class 2 Aggregate Base," of the St2
Specifications is amended by adding the following sentences:
Aggregate may include or consist of material processed from reclaimed asphalt cor
portland cement concrete, lean concrete base, cement treated base, glass or a combinat
any of these materials. Aggregate base incorporating reclaimed glass shall not be plat
locations where surfacing will not be placed over the aggregate base.
The fourth paragraph in said Section 26-1.02A, is amended by adding the following sent
Untreated reclaimed asphalt concrete and portland cement concrete will not be cons
to be treated with lime, cement or other chemical material for purposes of performil
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10-1.24 ASPHALT CONCRETE;.--Asphalt concrete shall be Type B and shall confc
the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these :
provisions. I'
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The last sentence of the first paragraph in Section 39-2.01, "Asphalts," of the Standa
Specifications and the fifth, sixth, seventh and eighth paragraphs of Section 39-3.C
"Proportioning," of the Standard Specifications shall not apply.
The second paragraph in Section 39-3.05, "Asphalt Concrete and Asphalt Concrete Ba
Storage," of the Standard Specifications is amended to read:
Storage silos shall be equipped with a surge-batcher sized to hold a minimum of 4,01
pounds of material. A surge-batcher consists of equipment placed at the top of the stora
silo which catches the continuous delivery of the completed mix and changes it to individl
batch delivery and prevents the segregation of product ingredients as the completed mix
placed into storage. The surge-batcher shall be center loading and shall be thermally insulatl
or heated or thermally insulated and heated to prevent material buildup. Rotary chutes sh
not be used as surge-batchers.
The surge-batcher shall be independent and distinct from conveyors or chutes used
collect or direct the completed mixture being discharged into storage silos and shall be the la
device to handle the material before it enters the silo. Multiple storage silos shall be served 1
an individual surge-batcher for each silo. Material handling shall be free of oblique moveme
between the highest elevation (conveyor outfall) and subsequent placement in the si1
Discharge gates on surge-batchers shall be automatic in operation and shall discharge on
after a minimum of 4,000 pounds of material has been collected and shall close before the la
collected material leaves the device. Discharge gate design shall prevent the deflection
material during the opening and closing operation.
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete w
be determined by the Engineer in accordance with California Test 367 using the samples (
aggregates hrnished by the Contractor in conformance with Section 39-3.03, "Proportioning," (
the Standard Specifications.
The amount of asphalt binder to be mixed with the aggregate for Open Graded aspha
concrete will be determined by the Engineer in accordance with California Test 367 and Part I (
California Test 304, using the samples of aggregates fbrnished by the Contractor in conformanc
with Section 39-3.03, "Proportioning," of the Standard Specifications.
The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flare
overside drains and aprons at the ends of drainage structures shall be increased one percent t
weight of the aggregate over the amount of asphalt binder determined for use in asphalt concrei
placed on the traveled way.
TEMPORARY ROADWAY AND BIKEWAY.--Temporary roadway and bikeway shall t
open graded asphalt concrete.
Temporary roadway and bikeway shall be measured and paid for as asphalt concrei
(miscellaneous area).
10-1.25 PILING;.--Piling shall conform to the provisions in Section 49, "Piling," of tk
Standard Specifications, the plans and these special provisions.
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Attention is directed to the provisions of Section 7-1.09, "Public Safety," of the Sta
Specifications. Before performing any pile handling or pile driving operation at any loc
which is closer than the length of the pile being handled or driven to the edge of any travelec
open to public use, the Contractor shall submit to the Engineer, as provided in Section 5
"Plans and Working Drawings," of the Standard Specifications, a plan which details the mei
that will be employed to provide for the safety of traffic and the public.
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All precast prestressed concrete pile shall be C type (corrosion resistant) conforming 1
provisions in Section 49-3, Precast Prestressed Concrete Piles, of the Standard Specification
Pile head dowels shall conform to the provisions in the section of these special pro\
titled, Reinforcement. Drilling and bonding dowels shall conform to the details shown c
plans and the provisions in Section 83-2.02D( l), General, of the Standard Specifications. I
The structural steel stinger shall conform to the provisions in Section 49-5, Steel Piles,
Standard Specifications, except that a built up section shall be used. Headed studs shall co
to the provisions in ASTM A449, Type 1, unthreaded. The specified tip elevation shown (
plans refers to the tip of the structural steel stinger.
Jetting or drilling to obtain the specified penetration will not be authorized for drive
piles.
Splices in precast prestressed concrete piles shall not be allowed.
REDRIV1NG.--Piles at WCB Bridge which do not attain the required bearing value wh
pile tip has reached the specified tip elevation shall be allowed to stand for a "set period" w
driving. The "set period" shall be at least 12 hours unless bearing has been obtained s(
After the required "set period" has elapsed, 2 piles or 10 percent of such piles in a fo
whichever is greater, shall be redriven. The Engineer will designate which piles are to be red
Redriving shall consist of operating the driving hammer at hll rated energy on the pile anc
measuring the bearing value of the pile.
If the required bearing value has been attained for each pile designated to be redriven, th
remaining piles in that footing shall be considered satisfactory and hrther driving will r
required. If redriving said designated piles demonstrates that the required bearing value h
been attained, all piles in that footing shall be redriven until the required bearing value ha!
reached.
Full compensation for redriving and for conforming to the requirements for "set perioc
any delays in connection therewith shall be considered as included in the contract unit pric
for driving the piles involved and no separate payment will be made therefor.
MEASUREMENT AND PAYMENT.--Measurement and payment for the various typ
classes of piles shall conform to the provisions in Sections 49-6.01, "Measurement," and 45
"Payment," of the Standard Specifications and these special provisions. I
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considered as included in contract price paid for Furnish 18" Octagonal Prestressed Concrc
Piling and no additional compensation will be allowed therefor.
Full compensation for steel pile tip, and for drilling and bonding pile head dowels shall
The pile anchor plate will be measured and paid for as miscellaneous metal (Bridge).
10-1.26 CONCRETE STRUCTURES;.--Portland cement concrete structures shall confoi
to the provisions in Section 5 1, "Concrete Structures," of the Standard Specifications and the
special provisions.
GENERAL.--AIl structural concrete shall be made with Type I1 modified Portland Ceme
conforming to the provisions in Section 90-8.01, Portland Cement, of the Standard Specificatior
Concrete shall contain not less than 658 pounds of portland cement per cubic yard.
Chemical admixtures and mineral admixtures shall not be used to replace portland cement.
The second paragraph in Section 5 1 - 1.22, "Measurement," of the Standards Specifications
amended to read.
The estimated quantity of concrete for minor structures designated as final pay in tl
Engineer's Estimate will not be revised as specified in Section 9-1.015, "Final Pay Items,"
the Standard Specifications, when the constructed height of said minor structure, includii
revisions by the Engineer, is within 0.5-foot of the vertical dimension shown on the plans.
CONCRETE.--Full compensation for waterstops shall be considered as included in tl
contract price paid per cubic yard for structural concrete, bridge and no separate payment will 1
made therefor.
Structural concrete, retaining wall will be measured and paid for as structural concret
bridge.
FALSEWORK.--Falsework shall be designed and constructed in conformance with tl
requirements in Section 5 1-1.06, "Falsework," of the Standard Specifications and these speci
provisions
In addition to the requirements in Section 5 1-1.06A, "Falsework Design and Drawings," (
the Standard Specifications, the following requirements shall apply:
The time to be provided for the Engineer's review of the working drawings for specif
structures, or portions thereof, for each submittal or resubmittal of previous submittals shz
be as follows:
Structure or
Portion of Structure
Review Time - Weeks
WCB Bridge 6
No. j7C-2116
The seventeenth paragraph of Section 5 1-1.06A, "Falsework Design and Drawings,'' of tf
Standard Specifications is amended to read.
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Temporary bracing shall be provided, as necessary, to withstand all imposed loads (
erection, construction and removal of any falsework. The falsework drawings shall
provisions for such temporary bracing or methods to be used to conform to this requir
during each phase of erection and removal. Wind loads shall be included in the design o
bracing or methods.
When reference is made to the National Design Specification for Wood Construction, i
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mean the 1986 Edition.
The second entry under "Timber" in the second paragraph of Section 51-1.06A(2), "I
Stresses, Loadings, and Deflections," of the Standard Specifications is amended to read:
480,000
(L/d)2
The first paragraph of Section 51-1.06C, "Removing Falsework," of the Sta
Compression parallel to the grain .... psi, but not to exceed 1,600 psi.
Specifications is amended to read:
Falsework supporting any span of a simple span bridge shall not be released befc
days after the last concrete, excluding concrete above the bridge deck, has been p
Unless otherwise permitted by the Engineer, falsework supporting any span of a continuc
rigid frame bridge shall not be released before 10 days after the last concrete, excl
concrete above the bridge deck, has been placed in that span and in the adjacent portic
each adjoining span for a length equal to at least 1/2 the length of the span where falsew
to be released.
Section 5 1-1 .OK, "Removing Falsework," of the Standard Specifications is amend
adding the following after the seventh paragraph:
Unless otherwise specified, removing falsework supporting any span of stru
members subject to bending, shall conform to the requirements for removing falsc
supporting any span of a simple span bridge.
Temporary crash cushion modules, as shown on the plans and conforming to the provisi
"Temporary Crash Cushion Module," elsewhere in these special provisions shall be instal
the approach end of temporary railings less than 15 feet from the edge of a traffic lane. FOI
way traffic openings, temporary crash cushion modules shall be installed at the departing c
temporary railings less than 6 feet from edge of a traffic lane.
The installation of temporary crash cushion modules, if required, shall be complete 1
falsework erection is begun. Temporary crash cushion modules at falsework shall not be rer
until such removal is approved by the Engineer. I
Temporary crash cushion modules installed as specified above will be measured and pz
as provided in "Temporary Crash Cushion Module," of these special provisions except that
the Engineer's Estimate does not include a contract item for temporary crash cushion mo
fill compensation for furnishing, placing, maintaining, repairing, replacing and removir
temporary crash cushion modules at falsework locations as specified in these special pro\. I'
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shall be considered as included in the contract prices paid for the various items of work requiri
falsework and no separate payment will be made therefor.
CURING.--The formed surfaces which will be exposed in the completed work, of t
superstructure or abutments listed in the following table shall be cured by the forms-in-pla
method. Other surfaces of said units shall be cured in accordance with the requirements
Section 90-7.03, "Curing Structures," of the Standard Specifications.
Bridge Name Abutment Pier or Bent
or Number Number Number
Bridge No. 1 and 7 NIA
j7C-211L
MEASUREMENT AND PAYMENT.--Measurement and payment for concrete
structures shall conform to the provisions in Sections 5 1 - 1.22, "Measurement," and 5 1 -1.2
"Payment," of the Standard Specifications and these special provisions.
The seventh paragraph of Section 5 1-1.22, "Measurement," of the Standard Specifications
deleted.
The thirteenth paragraph of Section 5 1-1.23, "Payment," of the Standard Specifications
amended to read:
Full compensation for waterstops, strip waterstops, and neoprene strip shall be consider1
as included in the contract price paid per cubic yard for the various items of concrete wo
in.i:olved and no separate payment will be made therefor.
10-1.27 STRUCTURE APPROACH SLABS (Type N);.--This work shall consist
constructing reinforced concrete approach slabs and sleeper slabs at structure approaches ai
constructing treated permeable base and structure approach drainage system for the approac
slabs in accordance with the details shown on the plans, the provisions in Section 5 1, "Concre
Structures," of the Standard Specifications and these special provisions.
Attention is directed to the section, "Engineering Fabrics," of these special provisions.
REINFORCED CONCRETE SLABS.--Concrete for use in approach and sleeper slabs sh:
contain not less than 658 pounds of cement per cubic yard and shall be air-entrained as providt
under "hlaterials" of these special provisions. Bar reinforcement shall be epoxy-coated and shi
conform to the provisions in Section 52-1.02B, "Epoxy-Coated Bar Reinforcement" of tl
Standard Specifications.
The top surface of approach slabs shall be finished in conformance with the provisions
Section 5 1 - 1.17, "Finishing Bridge Decks," of the Standard Specifications. Edges of slabs sh:
be edger finished.
Approach slabs shall be cured with pigmented curing compound (1) in accordance with tl
provisions for curing structures in Section 90-7.0 IB, "Curing Compound Method," of tl
Standard Specifications.
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MISCELLANEOUS METAL AND ABUTMENT TIES.--Miscellaneous steel
and steel parts of abutment ties shall conform eo the provisions in Section 75, "Miscella
Metal," of the Standard Specifications, except that galvanizing shall not be req
Miscellaneous steel parts and steel parts of abutment ties shall be epoxy-coated anc
conform to the provisions in Section 52- 1.02B, "Epoxy-Coated Bar Reinforcement" (
Standard Specifications.
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JOINTS.--Hardboard and expanded polystyrene shall conform to the provisions in SI
5 1-1.12D, "Sheet Packing, Preformed Pads and Board Fillers," of the Standard Specification
Joint seals shall conform to the provisions in Section 5 1-1.12F, "Sealed Joints," (
Standard Specifications.
Waterstops shall conform to the provisions in Section 51-1.14, "Waterstops," of the Sta
Specifications.
The pourable seal between the steel angle and concrete barrier shall consist of a 2-comp
polyurethane sealant conforming to the requirements for Type A and AL seals in St
5 1 - 1.12F(3), "Materials and Installation," of the Standard Specifications. The sealant m;
mixed by hand-held power-driven agitators and placed by hand methods.
TREATED PERMEABLE BASE.--Treated permeable base under structure approach
shall consist of constructing a cement treated permeable base in accordance with Sectio
"Treated Permeable Bases," of the Standard Specifications and these special provisions.
Cement treated permeable material may be spread in one layer. The material sh:
compacted with either a vibrating shoe type compactor or with a steel-drum roller weighin
less than 1 1/2 tons nor more than 5-tons. Compaction shall follow within one-half hour aft(
spreading operation and shall consist of 2-complete coverages of the treated material.
WEIGHT LIMITATIONS.--Attention is directed to Section 7- 1.02, "Weight Limitatj
of the Standard Specifications. The second paragraph of said section is amended to read:
No traffic or Contractor's equipment will be permitted on the treated permeable
except for that equipment required to place the permeable base and the subsequent lay
pavement. Haul trucks shall enter onto and exit from the treated permeable base a
nearest practical point. Damage to the base shall be repaired promptly by the Contract
his expense, as directed by the Engineer.
ENGINEEFUNG FABRICS.--Filter fabric to be placed between the treated permeable
and the structure approach embankment material shall conform to the provisions for filter 1
for edge drains in Section 88, "Engineering Fabrics," of the Standard Specifications. I
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The subgrade to receive the filter fabric, immediately prior to placing, shall conform tr
compaction and elevation tolerance specified for the material involved.
Filter fabric shall be aligned, handled and placed in a wrinkle-free manner in accordance
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Adjacent borders of the filter fabric shall be overlapped from 12 to 18 inches or stitched. TI
preceding roll shall overlap the following roll in the direction the material is being spread or shi
be stitched. When the fabric is joined by stitching, it shall be stitched with yarn of a contrastii
color. The size and composition of the yarn shall be as recommended by the fabric manufacturt
The stitches shall number 5 to 7 per inch of seam.
Equipment or vehicles shall not be operated or driven directly on the filter fabric.
STRUCTURE APPROACH DRAINAGE SYSTEM.--The structure approach drainaj
system shall consist of the following:
GEOCOMPOSITE DRAIN.--Geocomposite drain shall consist of a manufactured core n
less than 0.25-inch thick nor more than 2 inches thick with one or both sides covered with a lay
of filter fabric that will provide a drainage void. The drain shall produce a flow rate, through tl
drainage void, of at least 2.0 gallons per minute per foot width at a hydraulic gradient of 1 .O and
minimum externally applied pressure of 3,500 pounds per square foot.
A Certificate of Compliance conforming to the provisions in Section 6-1.07, "Certificat
of Compliance," of the Standard Specifications shall be furnished for the geocomposite dra
certibing that the drain produces the required flow rate and complies with these speci
provisions. The Certificate of Compliance shall be accompanied by a flow capability graph f;
the geocomposite drain showing flow rates and the externally applied pressures and hydraul
gradients. The flow capability graph shall be stamped with the verification of an independe
testing laboratory.
Filter fabric for the geocomposite drain shall conform to the provisions for fabric f;
underdrains in Section 88, "Engineering Fabrics," of the Standard Specifications.
The manufactured core shall be either a preformed grid of embossed plastic, a mat 1
random shapes of plastic fibers, a drainage net consisting of a uniform pattern of polymer
strands forming 2 sets of continuous flow channels, or a system of plastic pillars ar
interconnections forming a semirigid mat.
The core material and filter fabric shall be capable of maintaining the drainage void for tl
entire height of geocomposite drain. Filter fabric shall be integrally bonded to the side of tl
core material with the drainage void. Core material manufactured from impermeable plast
sheeting having nonconnecting corrugations shall be placed with the corrugatioi
approximately perpendicular to the drainage collection system.
The geocomposite drain shall be installed with the drainage void and the filter fabric facir
the embankment, The fabric facing the embankment side shall overlap a minimum of 3 inchi
at all joints and wrap around the exterior edges a minimum of 3 inches beyond the exteric
edge. If additional fabric is needed to provide overlap at joints and wrap-around at edges, tl
added fabric shall overlap the fabric on the geocomposite drain at least 6 inches and 1
attached thereto.
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Should the fabric on the geocomposite drain be torn or punctured, the damaged s
shall be replaced completely or repaired by placing a piece of fabric that is large enol
cover the damaged area and provide a 6-inch overlap.
PLASTIC PIPE.--Plastic pipe shall conform to the provisions for pipe for edge
and edge drain outlets in Section 68-3, "Edge Drains," of the Standard Specifications.
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DRAINAGE PADS.--Concrete for use in drainage pads shall conform to the pro\
in Section 90- 10, "Minor Concrete," of the Standard Specifications, except the concretc
contain not less than 470 pounds of cement per cubic yard.
TREATED PERMEABLE BASE.--Treated permeable base to be placed around s
plastic pipe at the bottom of geocomposite drains shall conform to the provisions in "T
Permeable Base," for structure approach slabs. If asphalt treated permeable base is u
shall be placed at a temperature of not less than 180" F. nor more than 230" F.
The filter fabric to be placed over the treated permeable base at the bottc
geocomposite drains shall conform to the requirements for filter fabric for underdra
Section 88, "Engineering Fabrics," of the Standard Specifications.
UTILITY VOIDS.--Utility voids, for future utility conduit installation, are to be cast in
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I approach slab at the locations indicated on the plans.
A PVC pipe sleeve shall be cast into the voids at the deck joints, centered on the jc
The PVC pipe shall be schedule 40 and shall conform to the provisions at P
indicated on the plans. The PVC pipe sleeve shall have an inside diameter the same size
void.
Designation D 1785,
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After the slab end forms have been removed, and prior to backfill, a mortar seal (
thickness indicated on the plans, shall be constructed to seal the ends of the voids. h
materials and placement shall conform to the provisions in Section 51-1.135, Mortar, (
Standard Specifications.
MEASUREMENT AND PAYMENT.--Structural concrete, approach slab (Type N) \.
measured and paid for in accordance with the provisions in Sections 5 1 - 1.22; "Measurement
5 1-1.23, "Payment," of the Standard Specifications and these special provisions. I
Full compensation for epoxy-coated miscellaneous metal and abutment ties, pourable
waterstops, epoxy-coated bar reinforcement, PVC pipe sleeves, treated permeable base,
fabric and for the structure approach drainage system including geocomposite drain, plastic
and drainage pads shall be considered as included in the contract price paid per cubic ya
structural concrete, approach slab (Type N) and no additional compensation will be a1
therefor.
10-1.28 DRILL AND BOND DOWELS (EPOXY CARTRIDGE);.--Drilling and bc
do\a.els with epoxy cartridges shall conform to the details shown on the plans an
requirements in these special provisions.
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Reinforcing steel dowels shall conform to the provisions in "Reinforcement" of these speci
provisions.
The holes shall be drilled by methods that will not shatter or damage the concrete adjacent I
the holes.
The drilled holes shall be clean and dry at the time of placing the bonding material and tl
steel dowels. Holes in which longitudinal or transverse reinforcement is encountered durir
drilling, before the specified depth is attained, shall be rejected. A new hole, which does not striI
reinforcement, shall be drilled adjacent to the rejected hole to the depth shown on the plans. Wil
approval of the Engineer, all holes including rejected holes may be cored through reinforcemei
steel to the correct depth. The bonding material shall be a two-component epoxy systei
contained in a cartridge having two separate chambers, and shall be applied using a speci
dispensing gun having a replaceable mixing nozzle. Unless otherwise specified, the installatic
procedure recommended by the manufacturer shall be followed.
The Contractor may select an epoxy cartridge system which has been tested and approved b
the Transportation Laboratory. For a listing of approved epoxy cartridge systems, contact tl-
Transportation Laboratory, Telephone: (9 16) 739-2400.
If the Contractor elects to use an epoxy cartridge other than those approved by tl-
Transportation Laboratory, the determination as to the quality and suitability of the alternatik
epoxy cartridge will be made in the same manner as provided for in Section 6-1.05, "Trade Namc
and Alternatives," of the Standard Specifications
Each shipment of the epoxy cartridge, regardless of which epoxy product is hrnished, shall t
accompanied by a Certificate of Compliance as provided in Section 6-1.07, "Certificates (
Compliance," of the Standard Specifications. The certificate shall state that the material complic
in all respects to the specifications and data submitted in obtaining approval
The epoxy cartridge used shall be appropriate for the ambient concrete temperature at tf
time of installation.
After bonding, dowels shall be supported as necessary to prevent movement during curing ar
shall remain undisturbed until the epoxy has cured a minimum time as specified by tf
manufacturer. Dowels that are improperly bonded, as determined by the Engineer, shall t
abandoned. New holes shall be drilled, and new dowels placed and securely bonded to tk
concrete. Redrilling and replacing improperly bonded dowels shall be performed at tf
Contractor's expense.
Unless otherwise provided, reinforcing steel dowels to be bonded into drifled holes will 2:
paid for as bar reinforcing steel (bridge).
Full compensation for drilling holes and bonding dowels (epoxy cartridge) shall be considere
as included in the contract price paid per cubic yard for structural concrete, bridge and n
additional compensation will be allowed therefor.
10-1.29 SEALING JOINTS;.--oints in concrete bridge decks and joints between concrei
structures and concrete approach slabs shall be sealed in conformance with the details shown c
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the plans, the provisions in Section 5 1 , "Concrete Structures," of the Standard Specificatioi I these special provisions.
When ordered by the Engineer, a joint seal larger than called for by the Movement 1
shown on the plans shall be hrnished and installed. Payment to the Contractor for hrnishi
larger seal and for saw cutting the increment of additional depth of groove required v
determined as provided in Section 4-1.03, "Changes," of the Standard Specifications.
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MATERIALS.--For TypeA and Type AL seals a pourable 2-component polyurc
sealant which meets all of the test requirements of State Specification 8030-61 J-01 as identi
Section 5 1-1.12F(3), "Materials and Installation," of the Standard Specifications and, in ad1
has a minimum pot life of 10 minutes at a temperature of 90" F. may be used, at the option
Contractor. The 2 components shall be thoroughly mixed in the ratio recommended t
manufacturer with power driven agitators.
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The seal shall be hrnished hll length for each joint with no more than one shop spl
any 60-foot length of seal.
The Contractor shall demonstrate the adequacy of the procedures to be used in the
before installing seal in the joints.
Shop splices shall have no visible offset of exterior surfaces, and shall show no evidei
bond failure.
10- 1.30 REINFORCEMENT;.--Reinforcement shall conform to the provisions in Sc
52: "Reinforcement," of the Standard Specifications and these special provisions.
GENERAL.--The first paragraph of Section 52- 1.02A, "Bar Reinforcement," of the Sta
Specifications is amended as follows:
Reinforcing bars shall be low alloy steel deformed bars conforming to the specificatic P ASTM Designation:
Grade 40 or 60 may be used as reinforcement in the following:
A 706, except that bars conforming to ASTM Designation:
1. Slope and channel paving.
2. Minor structures.
3. Sign and signal foundations (pile and spread footing types).
4. Roadside rest facilities.
5. Concrete barrier Type 50 series and temporary railing.
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Section 52- 1.02D, "Reinforcing Wires and Plain Bars," of the Standard Specificatic
amended as follows: I.
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52-1.023) Reinforcing Wire.-Wire used as reinforcement in structures and concre
piles, as shown on the plans, shall be cold drawn steel wire conforming to the specifications
ASTM Designation: A 82.
Section 52- I .08, "Splicing," of the Standard Specifications is amended as follows:
The eighth paragraph is amended to read;
Unless otherwise shown on the plans or approved by the Engineer, splices in adjace
reinforcing bars at any particular section shall be staggered. The minimum distanl
between staggered lap splices or mechanical lap splices shall be the length required for
lapped splice in the bar. The minimum distance between staggered butt splices shall be
feet.
The ninth paragraph is amended to read;
Completed butt splices shall develop a minimum tensile strength, based on the nomin
bar area, of 63,000 psi for A 6 15 Grade 40 bars, and S0,OOO psi for A 6 15 Grade 60 and
706 bars.
The first paragraph of Sub-section 52-1 .OSB is amended to read;
All butt welded splices in reinforcing bars shall be full penetration butt welc
conforming to the requirements in AWS Dl .4 and the requirements of these specification
At the option of the Contractor, resistance butt welds may be used.
The first paragraph of Sub-section 52- 1 .OSC is amended to read;
Mechanical butt splices may be the sleeve-filler metal type, the sleeve-filler grout typ
the sleeve-threaded type, the sleeve-swaged type, or the sleeve-extruded type, at tl
option of the Contractor.
The following is added after Sub-section 52- l.O8C( 1);
52-1.08C(l)a Sleeve-Filler Grout Mechanical Butt Splices.--The sleeve-filler groi
type of mechanical butt splices shall consist of a steel splice sleeve that fits closely over tl
reinforcing bars with a non-shrink grout filler in the annular space between the reinforcir
bars and the sleeve and between the ends of the reinforcing bars.
No vibration or movement of the reinforcing steel or sleeve at the splice shall t
allowed while the splice is developing sufficient strength to support the reinforcing bar
The Contractor shall submit complete details of the bracing and clamping system 1
eliminate all vibration or movement at the splice during setup of the filler in accordanc
with the provisions in Section 5-1.02, "Plans and Working Drawings."
The following is added after Sub-section 52-1.08C(3);
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4 52-1.08C(4)--Sleeve-Extruded Mechanical Butt Splices.--The sleeve-extrude
of mechanical butt splices shall consist of a seamless steel sleeve applied over the e
the reinforcing bars and extruded to the bars by means of a hydraulic tool.
The following is added after the second paragraph in Sub-section 52-1.08D;
Resistance butt welds shall be produced by a fabricator approved b
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The last sentence in the third paragraph of said Sub-section 52-1.08D, is amended tc
For sleeve-swaged and sleeve-extruded mechanical splices, all sample splices SI
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made on the largest reinforcing bar size of each deformation pattern to be spliced
procedure or operator being tested.
The first paragraph of Sub Section 52-1.08E is amended to read;
When mechanical butt splices or resistance butt welded splices are use(
Contractor shall fbrnish job control tests. A job control test shall consist (
fabrication, under conditions used to produce the splice, and the physical testini
sample splices for each lot of splices used in the work.
The fifth paragraph of Sub-section 52-1.08E is amended to read;
One job control test shall be fbrnished for each lot of 150, or fraction tl-
mechanical butt splices or resistance .butt welds of each combination of bar size ai
deformation pattern used in the work.
The sixth paragraph of Sub-section 52-1.08E is amended to read,
For all types of mechanical butt splices, except the threaded type, or resistanc
welds the Engineer will designate when samples for job control tests are to be fabr
and will determine the limits of the lot represented by each test.
The following paragraph is added after the seventh paragraph of Sub-section 52-1.01
For resistance butt welds two sample splices shall have the flash ground off f
smallest and largest sizes of bars to be used.
And the following paragraph is added after the second paragraph of Sub-S
52-1 08F;
Nondestructive testing will not be required for resistance butt welds
EPOXY-COATED REINFORCING STEEL.--Epoxy-coated reinforcing steel
conform to the provisions in Section 52, "Reinforcement," of the Standard Specificatior
these special provisions I'
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AI1 longitudinal and transverse bar reinforcing steel in approach slabs and barriers shall
epoxy coated.
MEASUREMENT AND PAYMENT.--Measurement and payment for reinforcement
structures shall conform to the provisions in Sections 52- 1.10, "Measurement," and 52- 1.1
"Payment," of the Standard Specifications and these special provisions.
Bar reinforcing steel (epoxy coated) will be measured and paid for as structural concre
approach slab (Type N), or concrete barrier, of the types listed in the Engineer's Estimate,
appropriate.
Full compensation for bar reinforcing steel (retaining wall) shall be considered as included
the contract price.
Bar reinforcing steel (retaining wall) will be measured and paid for as bar reinforcing st€
(bridge).
10-1.31 ROADSIDE SIGNS;.--Roadside signs shall be installed at the locations shown (
the plans or where directed by the Engineer, and shall conform to the provisions in Section 56-
"Roadside Signs," of the Standard Specifications and these special provisions.
Type N, Type P, and Type R marker panels mounted on a post with a roadside sign shall 1
considered to be sign panels and will not be paid for as markers.
10-1.32 OVERSIDE DRAINS;.--Steel entrance tapers and steel pipe downdrains shi
conform to the provisions in Section 69, "Overside Drains," of the Standard Specifications ai
these special provisions.
Steel entrance tapers and pipe downdrains shall be fabricated from zinc-coated steel sheet.
Steel entrance taper and pipe shall be bituminous lined and coated.
Concrete pipe collar shall conform to the provisions in Section 90, "Portland Ceme
Concrete," of the Standard Specifications, for minor concrete. Reinforcing steel shall conform
the provisions in Section 52, "Reinforcing," of the Standard Specifications, for ASTM A6 1
Grade 60, deformed.
Concreted-rock slope protection shall conform to the provisions in Section 72-5, "Concrete1
Rock Slope Protection," for Class - Light. Use method B placement.
The contract unit price paid per each for overside drain shall include hll compensation f;
hrnishing all labor, materials, transportation, tools, equipment and incidentals and for doing I
the work involved in constructing an overside drain, complete in place, including asphalt concre
taper, entrance taper, corrugated metal pipe, concrete collar , bar reinforcing steel, and concrett
rock slope protection, as shown on the plans, as specified in the Standard Specifications and the
special provisions, and as directed by the Engineer.
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10-1.33 STONE CHANNEL PROTECTION;.--Stone channel protection shall confo
the provisions in Section 72, "Slope Protection," of the Standard Specifications and these SI
provisions.
SUBMITTALS.--The Contractor shall submit to the Engineer for review, prior tc
shipment of stone, the methods and sequences planned to be used in stone placement.
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Prior to the commencement of the work, the Contractor shall submit test samples of stor
Testing and approval by the Engineer. These samples shall be representative of the stone
finished and shall contain a sufficient quantity of individual pieces to permit checkii
gradation, but in no case shall the total sample be less than 200 pounds.
The sources of material selected by the Contractor shall be subject to the approval c
Engineer. The Contractor shall designate in writing, within 15 calendar days after date of r\
to Proceed, the source or sources from which the stone is to be hrnished. The Engineei
order the following tests to be performed by a testing Laboratory selected by the Engineer. 1
TESTS
Description , petrographic examination, and chemical composition.
Test for Specific Gravity and Absorption per ASTM C 127.
Test for Resistance to Abrasion and general durability per ASTM (2535.
Test for soundness as per ASTM C88.
Any other tests as may be considered necessary to demonstrate to the Engineer thz
material is acceptable for use in the work. Once the source(s) are approved, the Contractor
not use material from another source without repeating the approval and test procedur
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STONE QUALITY
GENERAL.--Stone shall meet the requirements set forth when tested in accordance wil I methods specified.
Stone shall meet the following test requirements.
Test Test Method Requirement
Specific Gravity (Bulk SSD) ASTM C127 (2.65) minimum
Absorption ASTM C 127 (2.0%) maximum
Wetting and Dqing SPD Test Procedure( l) No fracturing(3)
Sulfate Soundness ASTM C88(2) (10%) mas. loss(4) I Abrasion Loss ASTM C131 (50%) mas loss t
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In addition to the above tests, the stone shall be subjected to a petrographic and X-r8
diffraction analysis in accordance with ASTM C295. The stone must not contain any expansi
clays.
NOTE: (1): Test procedure for wetting and drying test. The entire sample should be larj
enough to produce two cut slabs, 1 inch thick (+/-1./4 inch) with a minimum surface area of:
square inches on one side. Two chunks approximately three by four inches are also chosen. TI
slabs and chunks are carefilly examined under a low-power microscope and all visible surfa'
features are noted and recorded. The specimens are then oven dried at 140 degrees F., for eig
hours, cooled and weighed to the nearest tenth of a gram. The test specimens are photographc
to show all surface features before the test. The chunks and slabs are then subjected to fiftei
cycles of wetting and drying. One slab and one chunk are soaked in fresh tap water, the 0th
slab and chunk are soaked in salt water prepared in accordance with ASTM C1141. Each cyc
consists of soaking for sixteen hours at room temperature and then drying in an oven for eig
hours at 140 degrees F. After each cycle the specimens are examined with the low-pow
microscope to check for opening or movement of fractures, flaking along edges, swelling of claj
softening of stone surfaces, heaving of micaceous minerals, breakdown of matrix material and ai
other evidence of weakness developing in the stone. The cycle in which any of these actio.
occurs is recorded. After fifteen cycles, the slabs and chunks are again carehlly examined and i
changes in the stones are noted and recorded. The test specimens together with all particl
broken off during the test are oven dried, weighed and photographed.
NOTE: (2): The test shall be made on 50 particles each weighing 100 grams, +/-25 grams,
lieu of the gradation given in ASTM C88.
NOTE: (3): Weakening and loss of individual surface particles is permissible unless bondir
of the surface grains softens and causes general disintegration of the surface material.
NOTE: (4): Stone which has a loss greater than the specified limit will be accepted if tl
Contractor demonstrates that the stone has a satisfactory service record.
REJECTION OF STONE.--Stone which does not conform in specific gravity, structure, ar
other characteristics will be rejected. The presence of unsatisfactory stone or objectionab
foreign material in any load of stone delivered for use in the work will be deemed sufficient reasc
for rejection of the whole load of stone. Any such load of stone shall be immediately remove
from the work at the Contractor's expense.
The Engineer has the right to reject any materials at any time prior to final acceptance of tl
work as complete. Stone, which fails to meet Specification requirements, shall be replaced wht
required by the Engineer, at the Contractor's expense.
STONE ACCEPTANCE.--Prior to placement, all stone shall be subject to acceptance by tl
Engineer. Acceptance of any stone shall not constitute acceptance of all stone from a source. P
accepted stone shall be:
of the same lithology as the original stone from which est results or service records were takc
as a basis for authorization of the source;
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I sound, durable and hard, and free from laminations, weak cleavages, undesirable weath
or blasting or handling-induced fractures (or fracture zones which subtend more than 1/3 I
total circumference of the stone along the plane of fracturing);
of such character that it will not disintegrate from the action of air, water or the conditic
handling and placing;
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clean and free from earth, clay, refuse, or adherent coatings;
and angular quarried material with a shape which assures interlocking with adjacent ston1
with the greatest dimension of each piece not greater than 3 times the least dimension.
40 POUND STONE
Sieve Size Percent Passing
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12" 100
9" 60 to 100
6 I' 30 to 50
3 I' 15 to 25
No 4 Sieve Oto 10
400-LB STONE
400-lb stone shall be select quarry stone, processed and well-graded to conform t
fo 11 owing grad at i o n . I Weight of Individual Pieces(1bs) Percent Larger by Weight
500 0 to 5
400 50 to 100
3 00 65 to 100
200 95 to 100
2-TON STONE
2-ton stone shall be select quarry stone, processed and graded to conform to the follc
gradation. u
Weight of Individual Pieces(1bs) Percent Larger by Weight
5,000 0 to 5
4,000 50 to 100
3,000 95 to 100 b CONSTRUCTION
2-7
GENERAL.--The slopes and elevations of stone material indicated on the Drawings are to t:
interpreted as irregular surfaces. The material shall be placed to the nominal thickness shown o
the Drawings. Tolerance in the grade lines should not deviate more than plus or minus 0.50 foo
from the lines indicated on the Drawings. Where additional material is required to meet tt
tolerance, the Contractor shall use the largest stone of that type material to correct the sectioi
Contractor shail submit a method of placement plan to the Engineer and receive approval of thi
plan prior to starting stone placement.
STONE PLACEMENT GENERAL
Place stone of the types and gradation specified such that the limits of stone in place follo.
with reasonable variation the indicated lines and slopes without continuous underbuilding c
overbuilding. Construct the stone work to a full section to produce a stable mass. Place all ston
from bottom of the slope upwards.
In order to achieve slope uniformity and solid three point of contact seating of stone, nudge a
high-riding stone with a normal-to-slope strike of the placement bucket, stone grab, or anotht
stone held in a stone grab. Nudging shall be carefblly controlled to prevent dislodgement of mo:
distant stones in the mound, with impact sufficient only to consolidate the immediate area arour
the stone being nudged to bring it within tolerance limits and lock it firmly into place. Whe:
nudging fails to achieve this purpose, the stone shall be lifted and re-seated for better fit (
replaced with a better fitting stone.
PLACEMENT OF 40 POUND STONE;.--Prior to placing the quarry stone the finishe
slope surface shall be inspected in the presence of the Engineer to determine that the correct sloF
has been established.
Prior to placing the filter fabric the underlying slope shall be brought to the elevation indicate
on the Drawings.
Filter fabric and 40 pound stone shall be placed at all locations indicated on the Drawings.
Filter fabric will be inspected by the Engineer prior to placement of 40 pound stone.
40 pound stone shall be handled and placed in a manner that will minimize segregation an
provide a graded mass. The finished surface of materials shall be free of mounds, large stone
trash and debris.
PLACEMENT OF 400 POUND STONE;-- 400-lb. stone shall be placed by a methc
selected by the Contractor and reviewed by the Engineer.
Place from the bottom of the slope upwards.
If, in the opinion of the Engineer, additional stone is required to conform to the sectioi
indicated on the Drawings at any point during the period of the Contract, the Contractor sha
when directed by the Engineer, return to the points requiring additional stone and place addition
stone without any extra or additional compensation.
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A final survey of the 400-lb stone placement will be made by the Engineer. Material miq
and judged objectionable by the Engineer shall be removed at Contractor's expense pr
placement of the armor stone. Misplaced material not judged objectionable may remain, bi
not be paid for.
Any equipment or material construction loading landward of the slope protection sh
carehlly evaluated by the Contractor. Damage or displacement of the slope due to equipm
material loadings will become the sole responsibility of the Contractor, and the Contract01
perform all corrective work as determined by the Engineer at no additional cost .
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PLACEMENT OF 2-TON STONE.--2-ton stone shall be placed in layers to pi
significant displacement of the underlying stone.
The 2-ton stone shall be placed such that the long axis of each outer stone is perpendicul
the face of the slope.
j Place within the cross-sectional area shown on the Drawings in such a manner as to pro(
well graded mass with a minimum of voids. The mass shall be free of pockets of fines or cl I of large stone.
I Stone in the 2-ton section shall be placed from the bottom of the slope upwards by c
positioning of materials being placed. Dumping will not be permitted
If, in the opinion of the Engineer, additional stone is required to conform to the se
shown on the Drawings at any point during the period of the Contract, the Contractor shall,
directed by the Engineer, return to that point and place the adaitional stone without ex
additional compensation.
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Any stone misplaced and judged objectionable by the Engineer shall be remov
Contractor's own expense prior to acceptance of the job. Any misplaced material not ji
objectionable by the Engineer may remain I RlEASUREMENT AND PAYMENT
GENERAL.--Stone and stonework shall be paid for at the Contract item unit price fol
type of stone material. For purposes of this Section, a ton is 2,000 pounds weight. Stone 1
below the limit line shall be hrnished and placed at Contractor's sole expense.
Soundings will be made by the Engineer immediately prior to placing stone ani
information will be plotted on the cross-sections by the Engineer.
Soundings for tolerance check after stone has been placed will be made by the Ens
Tolerances are as shown on the plans.
Soundings made by the Engineer will be plotted on the cross-sections. Deductions
measured quantity of stone will be made for stone outside the tolerances of the design
sectional area. Deductions will be calculated from the cross-sectional area Deductions T
calculated from the cross-sectional area of stone outside the design tolerance and conver
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tonnage using the bulk specific gravity of the stone, as obtained in accordance with this Sectic
and an assumed void ratio of 30 percent.
In arriving at an estimated tonnage of stone, for purposes of stipulating quantities in the E
Proposal schedule, the cross sections of stonework on the Drawings have been used IC
approximately 30 percent for anticipated voids. The weight of stone used in determining t
estimated tonnage is that by these special provisions.
Subject to deductions otherwise indicated the weight of stone for payment will be measured
described in the following sections.
STONE DELIVERED BY LAND.--Stone delivered by land shall be weighed on certificat
Public Scales or on private scales which have been sealed by the County Sealer of Weights a
Measures within the last ensuing 12-month period. Copies of weights, properly certificated, sh
be forwarded to the Engineer, in duplicate and shall provide for the deduction of the tare weig
to determine the net weight of material delivered.
The size and type of truck used to haul stone will be reviewed by the Engineer. Review by t
Engineer will in no way relieve Contractor from conducting the work in accordance with
prevailing legal requirements.
The tare weight of each truck shall be established every 2 weeks, alternately on Monday a:
Friday, except during the rainy season or when the trucks operate in soft material the tare weig
of each truck shall be established as often as requested by the Engineer. The driver may be on t
truck during the time that the vehicle is being weighed provided that the tare and gross weigk
are established in the same manner.
Railroad weights reported by authorized weighers will be satisfactory to the Engineer as
basis for measurement and payment,
The Engineer shall have the right to inspect and test the scales at any time, and, if the scal
are found to be defective, stone deliveries shall cease until the scales have been placed in
satisfactory condition.
If the scales are found to be defective by 5 percent or more from the correct weight, and if tl
weights so obtained are on the high side of the correct weight, the percentage defectiveness shi
be deducted from all tonnage of stone delivered between the time and scale was discovert
defective and the last prior time it was verified accurate. No correction in tonnage will be ma(
for defective accurate. No correction in tonnage will be made for defective scales if the weigh
obtained are on the low side of the correct weight. This provision is not meant as a penalty to tl
Contractor but is intended as an inducement to keep the scale in proper working order.
AI1 conveyance and vehicles used for delivery of stone being paid for on a unit price basis shi
be plainly identified by numbers or symbols in a manner agreed upon by the Contractor and tl
Engineer prior to delivery of stone. Such identification shall not be changed except by consent 1
the Engineer during the term of the work.
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After a truck or railroad car has been weighed for determination of payment said tn:
railroad car shall discharge its entire load at the site. No payment will be allowed for
partially discharged.
STONE DELIVERED BY WATER; .--Facilities for verifying displacement an
determining relation between draft tonnage, between depth of water in the hold and bilge;
net stone tonnages shall be placed on the vessels by the Contractor.
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Each vessel shall have not less than four gauge pads, properly protected; two near each (
the vessel at or near the vessel comers.
Gauging and calibrating of each vessel used shall be done in the presence of the Eng
Calibrating shall be done at the start of the work and repeated whenever there are modificat
the vessels, and at intervals not exceeding 12 months on jobs of long duration.
Unloaded displacement shall be determined in still water, as close to the work as practi
A certified displacement table shall be hrnished to the Engineer for each vessel before it i:
on the work. The Engineer may require certification of the displacement tables by a h
Surveyor at any time during the project. I
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Fore and aft displacement, due to load, shall not differ more than one foot from the mc
the fore and aft gauge readings.
Alteration of loading by transfer of crew or supplies, pumping, etc., will not be per1
while material is being discharged or between gauge readings.
Stone in water shall be defined as occupying 60 percent of any water in the compartmen
a buoyancy of 64 pounds per cubic foot.
Vessels which do not discharge their entire load at the site shall have displacement rei
taken, in the Engineer's presence, and payment shall be determined on the basis of this re4
Should a vessel exit the site with a portion of its load still on board and without said displac,
readings being taken in the Engineer's presence, no payment for any of this vessel's load v
allowed.
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10-1.34 MISCELLANEOUS METAL (BRIDGE):.--Miscellaneous metal (bridge)
conform to the provisions for miscellaneous bridge metal in Section 75, "Miscellaneous Met;
the Standard Specifications and these special provisions.
Miscellaneous metal (bridge) shall consist of the miscellaneous bridge metal items lis
Section 75- 1.03, "Miscellaneous Bridge Metal," of the Standard Specifications, and the follo
Concrete Pile Anchor Plates
Self-tapping screws shall be hex-head, stainless steel or monel metal, installed in holes I b to fit the self-tapping screws.
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Add the following after the fourth paragraph of Section 75-1.03, "Miscellaneous Brid;
Metal," of the Standard Specifications:
An approved thread locking system, consisting of a cleaner, primer and anaerot
adhesive, shall be applied where shown on the plans. Lubricants and foreign materials shall 1
removed from the threaded areas of both parts using the cleaner and small wire brush. T:
primer shall be applied to cover the threaded areas of both parts. The anaerobic adhesive sh,
be applied to fill the male threads in the area of the final position of the nut. The nut shall 1
installed at the location or to the torque shown on the plans, and an additional fillet
anaerobic adhesive shall be applied completely around the exposed junctions of the nut ai
male part.
The third subparagraph of the eleventh paragraph of Section 75- 1.03, "Miscellaneous Brid;
Metal," of the Standard Specifications is amended to read:
Cast-in-place inserts shall be the ferrule loop type.
All metal parts of anchorage devices shall be fabricated from stainless steel conforming
the requirements of ASTM Designation: A 276, Type 3 16.
The second paragraph in Section 75- 1.06, "Measurement," of the Standards Specifications
amended to read:
Scale weights will not be required when miscellaneous iron and steel, miscellaneous brid!
metal, miscellaneous metal (restrainer), or pumping plant metal work are designated as fin
pay items in the Engineer's Estimate.
Concrete pile anchor plates shall not be galvanized or otherwise coated, all other ste
miscellaneous bridge metal, except stainless steel, shall be galvanized.
10-1.35 MARKERS AND DELINEATORS;.--Markers and delineators shall conform 1
the provisions in Section 82, "Markers and Delineators," of the Standard Specifications and the:
special provisions.
Markers and delineators on flexible posts shall be as specified in "Prequalified and Testc
Signing and Delineation Materials," elsewhere in these special provisions. Flexible posts shall t
made from a flexible white plastic which shall be resistant to impact, ultraviolet light, ozone ar
hydrocarbons. Flexible posts shall resist stiffening with age and shall be free of burn
discoloration, contamination, and other objectionable marks or defects which affect appearance (
serviceability.
Reflective sheeting for metal and flexible target plates shall be the reflective sheetir
designated for channelizers, markers, and delineators specified in "Prequalified and Tested Signir
and Delineation Materials," elsewhere in these special provisions.
10-1.36 RlETAL BEAM GUARD RAILING;.--Metal beam guard railing shall conform 1
the provisions in Section 83-1, "Railings," of the Standard Specifications and these speci
provisions.
I
Attention is directed to "Order of Work" of these special provisions.
Line posts and blocks shall be wood.
Metal beam guard rail elements and any required backup plates, terminal sections
sections, and return sections shall conform to the requirements of Type 2 W-Beam as sho
AASHTO Designation: M 180.
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10-1.37 METAL BRIDGE RAILING;.--Metal tubular handrailing, shall conform t
provisions in Section 83-1, "Railings," of the Standard Specifications.
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10-1.38 CONCRETE BARRIER;.--Concrete barriers shall conform to the provisic
Section 83 -2, "Barriers," of the Standard Specifications and these special provisions.
Concrete for use in concrete barriers shall contain not less than 658 pounds of cemer
cubic yard and shall be air-entrained concrete as provided under "Materials" elsewhere in
special provisions.
Bar reinforcing steel for use in concrete barriers shall conform to the provisions in St
52-1 .02B, "Epoxy-coated Bar Reinforcement," of the Standard Specifications.
10-1.39 PAINT TRAFFIC STRIPES AND PAVEMENT MARKINGS;.--Painting 1
stripes (traffic lines) and pavement markings shall conform to the provisions in Sections
"General," and 84-3, "Painted Traffic Stripes and Pavement Markings," of the Sta
Specifications and these special provisions.
The State Specification No. for glass beads in Section 84-3.02, "Materials," of the Sta
Specifications is amended to read "8010-21C-22 (Type II)."
10-1.40 PAVEMENT MARKERS;--Pavement markers shall conform to the provisic
Section 85, "Pavement Markers,'' of the Standard Specifications and these special provisions
The second paragraph in Section 85-1.02, "Type of Markers," of the Standard Specific;
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I Certificates of compliance shall be hrnished for pavement markers as specific
"Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provi:
Reflective pavement markers shall comply with the specific intensity requirement
reflectance after abrading the lens surface in accordance with the "Steel Wool Ab1
Procedure" specified for pavement markers placed in pavement recesses in Section 85.
"Reflective Pavement Markers," of the Standard specifications.
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SECTION 10-2. (BLANK
SECTION 10-3. TELEPHONE CONDUITS SYSTEM
.c2.10-3.0 1 DESCRIPTION;.--Modifying communication conduit shall conform t
provisions in Section 86, "Signals, Lighting and Electrical Systems," of the Sta
Specifications and these special provisions.
b
2-
Communication conduit is included in the following structures:
San Marcos Creek Bridge at West Carlsbad Boulevard, Bridge No. 57C-211L
10-3.02 CONDUIT;.--Conduit shall be the rigid steel type unless otherwise specified.
When a standard coupling cannot be used for coupling metal type conduit, a UL list
threaded union coupling, as specified in the third paragraph in Section 86-2.05C7 "Installation,"
the Standard Specifications, or a concrete-tight split coupling or concrete-tight set screw coupli
shall be used.
The ends of conduits terminating in pull boxes, and in service and controller cabinets shall
sealed with an approved type of sealing compound.
The contract lump sum price paid for telephone conduit system shall include full compensatii
for hrnishing all labor, materials, transportation, tools, equipment and incidentals and for doi,
all the work involved in constructing the telephone conduit system, complete in place, includi:
pull boxes and all fixtures required to hold the conduit in place during concrete placement,
shown on the plans, as specified in the Standard Specifications and these special provisions, ai
as directed by the Engineer.
.c.SECTION 11. (BLANK)
.c.SECTION 12. (BLANK)
.c.SECTION 13. (BLANK)
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,c.SECTION 14. FSDZRAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION P -
-- GEKERAL.-The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, xules and regulations promulgated by the Federal Gov-
ernment and applicable to work financed in whole or in part
with Federal funds will apply to such work. The "Required Con-
=act Provisions, Federal-Aid Construction Contracts, "Form
FHWA 1273. are included in this Section 14. Whenever in said
required contract provisions references are made to "SHA con-
tracting officer", "SHA resident engineer". or "authorized repre-
sentative of the SHA", such references shall be construed to
mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications.
1.
1.Name of joint venture
2. Addrcss of joint venture -
3. Phone number of joint venture
4.Identify the firms which comprise the j
(The hlBE partner must complete Schedule A.) - PERFORMASCE OF PREVIOUS COXTRACT.-In ad- dition to the provisions in Section II, "Nondiscrimination." and
Section \Tl. "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with
rhe following:
a. Describe the role of the MBE firm in t The bidder shall execute the CERTIFICATION WH RE- GARD TO THE PERFORMANCE OF PREVIOUS cy)NTRACTS
OR SUBCOhTRACTS SUBJECT M THE EQUALOPPORTU- NTY CLAUSE AND THE FILIh'G OF REQURED REPORTS
ing any portion of the conuact in excess of 510,OOO will be considered under the provisions of Section VII of the required
convact provisions unless such request is accompanied by the CERTIFICATION referred to above. executed by the proposed subcontractor.
XOS-COLLUSIOX PROVISI0S.-The provisions in
his section are applicable to all contracts except contractS for Federal Aid Secondary projects. Tiilc 23, United States Code. Scction 112, rquires as a condi-
lor of the contract for this work that each bidder file a sworn satcment executed by, or on behalf of. the pcrson. firm. associ-
ation. or corporation to whom such contract is to be awarded,
cerrifying that such person, firm. association. or corporation
has not, either directly or indirectly. entered into any agree-
menl partici7ated in any collusion, or otherwise taken any ac- lion in restraint of free competitive bidding in connection with
rhe submitted bid. A form to make the non-colIusion affidavit s:atcment required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted
b.y 2s. USC, Scc. 1746, is included in the proposal.
lure.
located in the proposal. No rquest for subletting or assign- --
b. Describe very briefly the experience
qualifications of each non-MBE joint venturer:
- -
5. Nature of the joint venture's business I
rion precedent to approval by the Federal Highway Administra- ~------.
6. Provide a copy of the joint venture agreems
7. What is the claincd perccntage of hlBE ov.7
_--__----e--
8. Owncrship of joint vcpiure: (This need nc
if described in the joint venture agreement,
question 6.).
PARTIClPATIOS BY MISORITY BUSISESS ES- a. Profit and loss sharing.
b. Capital contributions, including equipm c. Other applicable ownership interests.
9. Control of and participation in this contr:
by name. race, sex, and "firm" those individuals tles) who are responsible for day-to-day manager icy dccision making, including, but not limitcd t
prime responsibility for:
TERPRISES IS SUBCOSTRACTISG-Put 23 Title 49, Code of Federal Regulations applies IO this Federal-aid project.
Peninent sections of said Code are incorporated in part or in is entirety wirhin other sections of these special provisions.
Schedule B-Information for Determining Joint Venture Eli-
gibility
(This form nccd not be filled in if all joint vcnture firms arc
minority owned.)
b
FR-1
a. Financial decisions .............................................................................. Name Name - -_---------- .............................................................................. b. hianagcment decisions, such as: Titlc Title
... .............................................................................. 1. Estimating - --- Date Date
..- -
2.Markcting and sales Date --
3. Hiring and firing of management pcrsonnel - Count3 of
State of
, 19 _, before me
appeared (Name) , to me personally
known, who. being duly sworn. did execute the foregoing affi-
davit. and did state that he or she was properly authorized by
(Name of fm) to execute the
zffidavit and did so as his Or her fiee act and deeda
Notary Public
~~~i~~i~~ expkes
[Seal]
Dak - -
S:ak of ----- -___
4. Purchasing of major items or supplies On this - day of
c. Supervision of field operations -
-----------
h'o:e.-If. after filing thir; Schedule B axd before he comple-
lion of the joint venture's work on the contract covered by this iegulation. there is any significant change in the information submitted. the joint venture must inform the grantee. either di- TKlly or rhrough the prime contractor if thc joint venture is a subcontractor.
A ffid avlt
Ihe rm3ersigned swear that the foregoing statementS ue cor-
rat and include alI material information necessary to identify
arid cxplain the iemis and operation of our joint venture and the
intended participation by each joint venturer in the undertaking.
Further. the undersigned covenant and agree to provide to , 19 _. before me grmtee current. complcre and accurae informalion regarding ac-
13al joint vcnmre work and the payment therefor and any pro- appeared (Name) - to me personally
posed changes in any of the joint venture arrangemcnrs and IO vrmit the audit and cxamination of t+e books, records and files known, who, Ging duly sworn. did execute LFle foregoing dfi-
of the joint venture, or those of each joint venturer relevant to davit. and did state bat he or she was propcrlg authorized by rhe joh vcnhlre, by authorized representatives of the grantee or
the Federal funding agency. Any mateiial misrepresentation (xame of firm) - to execute will bc grounds for tcrminating any contract which may be awarded and f@? kitiating action mdcr Fedcral 0: SIak laws con- rening false sta:cmer,ts."
--- counry of
On this - day of
the affidavir and did so a his or he: free act and &d.
No*q Public _________________________
Commission expires
[Seal]
- .............................................................................
X?'a;r,e of Firm h'me of Firm
..............................................................................
Signature Signature
Rt\XC? d-$3 C6-05-93
FR-2
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REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
(Exclusivc of Appalachian Contracts)
.-
e
Page meaning of this clause include disputes between I I. General .................................................. 3 (or any of its subcontractors) and the contractin1
11. Nondiscrimination .................................... 3 DOL, or the contractorh employees or their repres
Dl. Nonscgregated Facilities ............................. 5
V. Statements and Payrolls .............................. 8 contract. the contractor shall not:
VI. Record of Materials. Supplies, and Labor ......... 9
IV. Payment of Predetermined Minimum Wage ....... 6 6. Selectlon of Labor: During the perform
W. Subletting or Assigning the Contract ............. 9 a. discriminate against labor from any other : Vm. Safety: Accident Prevention ........................ 10 sion. or territory of the United States (except foi IX. False Statements Concerning Highway Project.. 10 preference for Appalachian contracts. when a X.
XI. Certification Regarding Debarment, Suspension.
AT.
Implementation of Clean Air Act and Federal Water specified in Attachment A), or
Pollution Control Act .............................. 10 b. employ convict labor for any purpose witl
Ineligibility, and Voluntary Exclusion ........ 11 of the project unless it is labor performed by COT!
Certification Regarding Use of Contract Funds for on parole, supervised release, or probation.
11. S OSDIS CRIhl IN AT1 ON
(Applicable to all Federal-aid construction wntri
Lobbying ............................................ 12
ATTACHMELTS
A. Employment Preference for Appalachian Contracts related subcontracts of SlO.000 or more.)
(included in Appalachian contracts only) 1. Equal Employment Opportunity: Eqi
1. GESERAL ment opportunity (EEO) requirements not to discri
take affirmative action to assure equal opportunit
1. These contract provisions shall apply to all work per- under laws, executive ordcrs. rules, regulations
formed on the contract by the contractor’s own organization and 29 CFR 1630. and 41 CFR 60) and orders of the
with the assistance of workers under the contractor‘s immediate Labor as modified by the provisions prescribed ht
supcrintendence and to all work performed on the contract by posed pursuant to 23 U.S.C. 140 shall constitute
piecework, station work, or by subcontract. specific affirmative action standards for the contrz
activities under this contract. The Equal Opportur; 2. Except as otherwise provided for in each section, the con- lion Contract Specifications set forth under 4:
tractor shall insert in each subcontract all of the stipulations and he provisions of the American Disabilities
contained in t,ese Required Contract Provisions, and further re- (42 U.S.C. 12101 et seq.) set forth under 28
quire their inclusion in any lower ticr subcontract or purchase 29 CFR 1630 are incorporated by reference in this
order that may in turn be made. The Required Contract Provi- the execution of this contracf the contractor agre
sions shall not be incorporated by reference in any case. The wit5 the following minimum specific requiremenl
primc contractor shall be responsible for compliance by any EEQ sukoniracior or lower tier subcontractor with these Required Conrract Provisions. a.The conuactor will work with the State hiE
(SHA) and the Federal Government in can-ying ( gations and in their review of hisher activities 1:
Irac1.
3. A breach of any of the siipulations contained in these Re-
quired Conzact Provisions shall be sufficient grounds for termi-
nation of kc contract
b.The contractor will accept as his opcratii
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29 CFR 5.12:
following statement:
“It is the po!icy of this Company to assure that a
ergloyed, and that employees are treated during wirhout regard to ;heir race, religion, sa. color,
gin, age or discbility. Such action shll include:
upgrading, demotion, or transfer; recruitmen! or re
verrising; layoff or termination: raes of pa) or o compensation; and selecrion for training, indudin,
ship. preapprenficeship. andlor on-the-job froinin<
2. EEO Officer: The contractor will designa
hewn to the SHA contracting officers an EEO Off
havc the rcspoxsibility for and must be capable 1
Form 1273
Section I. paragraph 2;
Section IV. paragraphs 1. 2, 3.4. and 7;
Section V. paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of
Section I\’ (except paragraph 5) and Section V of these Required Conmact Provisions shall not be subject to the general disputcs
c!ause of his contract. Such disputes shall bc resolved in accor-
dance with thc procedures of the U.S. Department of Labor
(DOL) 25 SC~ forth in 29 CFR 5, 6. and 7. Disputes wi:hin the C
FR-3
administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsi-
bility to do so.
c. ne contractor will encourage his present employees to refer minority group applicants for employment. Informa-
tion and procedures with regard to referring minority group
applicants will be discussed with employees.
3. Dlssemlnatlon of Pollcy: AI1 members of the con- -actor's staff who are authorized to hire. supervise. promote. 5. Personnel Actions: Wages, working conditions.
and discharge employees. or who recommend such. action, or and employee benefits shall be established and administered,
who xe substantially involved in such action, will bc made and personnel actions of every type, including hiring, upgrad- fully cognizant of, and will implement. the contractor's EEO ing, promotion, transfer, demotion, layoff, and termination, policy and contractual responsibilities to provide EEO in each shall be taken without regard to race, color, religion. sex, nii
grade and classification of employment. To ensure that the tional origin, age or disability. The following procedures shall
above agreement will be met, the following actions will be be followed:
laken as a minimum:
a. The contractor will conduct periodic inspections of pro-
ject sites to insure that working conditions and employee fa-
cilities do not indicate discriminatory treatment of project
site personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and is implementation will be re-
viewed and explained. The meetings will be conducted by the EEO OIficer.
b.The contractor will periodically evaluate the spread of
wages paid within each classification LO determine any evi-
dence of discriminatory wage practices.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by rhe EEO Officer, cover- c. The contractor will periodically review selected person- ing all major aspects of the contractor's EEO obligations ne1 actions in depth to determine whether there is evidence of
within thirry days foliowing their reporting for duty with the discrimination. Where evidence is found, the contractor will
ConsracIor. promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed,
such corrective action shall include all affccted persons. c. All personncl who are engaged in direct remitment for t?e project will be instructed by the EEO Officer in the con- tractor's procedures for locating and hiring minority group
employees.
d. The contractor will promptly investigate all complaints
of alleged discrimination made to the contractor in connec-
tion with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective
action within a reasonable time. If the investigation indi-
cates that the discrimination may affect persons other than
the complainant, such corrective action shall include such
other persons. Upon completion of each investigation. the
conuactor will inform every complainant of all of his av-
enues of appeal.
6. Training and Promotion:
d. h'oticcs and posters setting forth the contiactor's EEO policy will be placed in areas readily accessible to employ-
ea. applicants for employment and potential employees.
=The contractor's EEO policy and &e procedures to im-
plemcnr such policy will be bought to the attention of em- ployees by means of meetings. employee handbooks, or
othu, appropriale means.
4. Recruitment: When advertising for employees, the
conzactor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such adver-
tiscments will be placed in publications having a large circula- tion &Tong minority groups in the area from which the project
xork force *odd normally bc derii.ed.
a. The contractor will assist in locating, qualifying, and
incrcasing the skills of minority group and women employ-
ccs. and applicants for cmployment.
b. Consistent with the contractor's work force require-
mens and as pcrmksible under Federal and State regulations,
the conuactor shall make full use of training programs. i.e.,
apprenticeship, and on-the-job training programs for the ge- ographical area of connact performaxe. Where feasible, 25
percent of apprentices or trainees in each occupation shall be
in ~eir first year of apprenticeship or training. In the even: a
special provision for training is providcd under this contrac4
this subparagraph will be superseded as indicaled in the spe-
cia1 provision.
a.Tht contractor will. cnless precludcd by a valid bargain-
kg zgrcement, conduct systematic and direct recruitment
rhrough public and privak employee referral 5ou:ces likely to
yield qualified minority group applicants. To meet this re-
quirernent, the contractor will identify sources of potential
minority group employees. and establish wi:h such identified
sources procedures whereby minority group applicants may
be xeferrcd ID t?e connactor for employment consideration.
b.ln The event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals. he is expected to observe the provisions of that agreement to the
extent hat the system permits the contractor's compliance
with EEO contract provisions. (The DOL has held that where
hp!cmentation of such agreements have the effect of dis- criminating against minorities or women, or obligates the
contractor IO do he szrne, such implementation violaies Ex-
ecutive Order 11246, as amended.)
c. The contractor will advise employees and applicants for
cmploymcnt of available training program and entrance re-
quirements for each.
d. The contractor will periodically review the training and
promolion potential of minority group and women employ- ees and will encourage eligible employees to apply for such
training and promotion.
Fc- ?X3 - s!33scj 4.43 cs-09-93
FR-4
7. Unlons: If the contractor relies in whole or in part upon unions BS a source of employees, the contractor will use
hisher best efforts to obtain the coopcration of such unions to
-increase opportunities for minority groups and women within
&e unions. and to effect referrals by such unions of minority and female employees. Actions by the contractor cither directly __ or through a contractor's association acting as agent will in-
dude lhe procedures set forth below:
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9. Records and Reports: The contractor such records as necessvy to document compliance 7
requirements. Such rccords shall be retained for a p
years following completion of the contract work available at reasonable times and places for inspi
thorizcd representatives of the SHA and the FHWA.
a.The records kept by the contxactor shall I
e
a. The-conWactor will use best efforts to develop, in coop-
cration with the unions, joint training programs aimed toward qualifying more minority group members and women for
membership in the unions and increasing the skills of minor-
ity group employees and women SO that they may qualify fOi
higher paying employment.
following:
(1)The number of minority and non-mi
members and women employed in each work
on the project;
(2)The progress and efforts being made ir
with unions, when applicable. to increase em] portunities for minorities and women; b.The contractor will use best efforts to incorporate an
€EO clause into each union agreement to the end Lhat such
union will be contractually bound to refer applicants without
regard to their race, color, religion. sex. national origin. age or disability.
(3) The progress and efforts being made in ing. training. qualifying. and upgrading min
male employees; and - - - . -
c.The contractor is to obtain information as to the refenal practices and policies of the labor union exccpt that to the ex- tent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify
to the SHA and shall set forth what efforts have been made to
obuin such information.
(4)The progress and efforts being made in
services of DBE subcontractors or subcon
meaningful minority and female represent their employees.
b. The contractors will submit an annual repor
each July for the duration of the project. indica!
ber of minority, women, and non-minority grou
currently engaged in each work classification rec
contract work. This information is to be repor
FHWA-1391. If on-the-job training is being req
cia1 provision, the contractor will be required ti report training data.
d.In the event the union is unable to provide the contrac-
lor with a reasonable flow of minority and women referrals
within the time limit set forth in the collective bargaining
agreement. the contractor will, through independcnt recruit-
ment efforts. fill the employment vacancies without regard to
xacc. color, religion, sex, national origin. age or disability;
making full efforts to obtain qualified and/or qualifiable mi- nority group persons and women. flhe DOL has held that it I11 NOSSEGREGATED FACILITIES shall be no excuse that the union with which the conuactor
has a collective bargaining agreement providing for exclu-
sive referral failed IO refer minority employees.) In the evcnt
fie union referral practice prevents the contractoT from mcet-
bg the obligations pursuant to Executive Order 11246. as a. By submission of this bid, the execution
amended, and these special provisions, such contractor shall tract or subcontract, or the consummation of
immediately notify the SHA. supply agreement or purchasc order, as appropr
der. Fcderal-aid construction contractor. subcont
8. Selection of Subcontractors, Procurement of rial supplier, or vendor, as appropriate. certifics XIaterials and Leasing of Equipment: The contractor docs not maintain or provide for its employee shall no1 discriminate on the grounds of race, color, rcligion. gated facilities at any of its establishments. and
SCX, national origin. age or disability in the selection and retcn- does not permit its employces to perform their se lion of subcon1ractoTs. including procurement of matcrials and location. under its control, where segregated
leases of equipment. maintained. The firm agrees that a breach of thir
is a violation of the EEO provisions of this C( fm further certifies that no employee will be der adequate facilities on the basis of sex or disabilit
b. As uscd in this certification, the term "segr
ties" means any waiting rooms, work areas, rc washrooms, restaurants and orher eating areas,
locker rooms. and other storage or dressing ar
lots. drinking fountains, recreation or entertaii
transportation. and housing facilities provided fc
which are segregated by explicit directive, or are,
regated on the basis of racc. color, religion, nal
age or disability, because of habit, local CUS~O wise. The only exception will be for the disabl dcmands for accessibility override (e.g. disabled
form 1273
(Applicable to all Federal-aid constmction contra
rclatcd sukontracts of S10.000 or more.)
a. The connactor shall notify all potential SU~CO~~~~CIO~S
and suppliers of hisher EEO obligations under this contract
b. Diszdvantaged business enterprises (DBE). as defincd in
49 CFR 23. shall have equal opportunity to compctc for and perform subcontracts which the contractor enters into pur-
sum1 to this contract The contractor will use his best efforts
fo solicit bids from and to utilize DBE subcontractors or sub-
mnnactors with meaningful minority group and female repre-
sentalion among their employees. Contractors shall obtain
hsrs of DBE construction firms from SHA personnel.
c.Thc conuactor will use his best efforts to ensure subcon-
r'racto: compliance with thcir EEO obligations. b
FR-5
2. Classification:
c.The mnuactor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or mate- rial suppliers prior to award of subcontracts or consummation of material supply agreements of 510,OOO or more and that it
will retain such certifications in its files.
I\'. PAYXlEST OF PREDETERMISED MIXIMUM b. The contracting officer shall approva an additional
classification, wage rate and fringe benefits only when the
following criteria have been met:
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a. The SHA contracting officer shall require that any class
of laborers or mcchanics employed under the contract. which
is not listed in the wage dctrrmination. shall be classified in
conformance with the wage determination.
WAGE -
(Applicable to all Federal-aid construction contracts exceed-
ing S2,.000 and to all related subcontracts. except for projects
locared on roadways classified as local roads or rural minor col-
Icctors. which are exempt.)
(1) the work 10 be performed by the additional classifi-
cation requested is not pcrformed by a classification in the
wage determination;
1. General: (2) the additional classification is utilized in the area by
the consmction industry;
a. All mechanics and laborers crnployed or working upon
fie site of rfie work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are
of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash
equivalens thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor c. If the contractor or subcontractors, as appropriate, the
(hereinafEr "the wage determination") which is attached laborers and mechanics (if known) to be employed in the addi-
hereto and made a part heroof. regardless of aiiy contractual re- tional classification or their representatives, and the con-
lationship which may be alleged to exist between the contrac- tracting officer agree on the classification and wage rate
tor or its subcontractors and such laborers and mechanics. (including the amount designated for fringe benefits where
The wage determination (including any additional classifica- appropriate), a report of the action taken shall be sent by the
Gons and wage rates conformed under paragraph 2 of this Sec- contracting officer to the DOL, Administrator of the Wage and tion IV and the D3L poster (WH-1321) or Form FHWA-1495) Hour Division. Employment Standards Administration. shall be posted at all times by the contractor and its subcon- Washington. D.C. 20210. The Wage and Hour Administrator, =actors at L?e site of the work in a prominent aiid acccssible or aii authorized repxsentative, will approve, modify, or dis-
place where it can be easily sen by the workers. For the pur- approve every additional classification action within 30 days
pose of thh Section. contributions made or costs reasonably of receipt and so advise the contracting officer or will notfi anticipated for bona fide fringe benefits under Section l(b)(2) the contracting officer within the 30-day period that addi-
of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of la- tional time is necessary. borers or mechvlics are comidcred wages paid to such labor-
crs or mechanics. subject to the provisions of Section IV,
paragraph 3b. hereof. Also, for the purpose of this Section.
regular connibutiors made or costs incurred for more than a
wcckly period (but not less often thm quarierlg) under plans,
hnds, cr programs, which cover the particular weekly period,
ZTC deemed to be ccnstructively made or incurred during such
ueckly period. Such laborers and mechanics shall bc paid Ihe appropriatc wage rate aiid fringe bencfits on the wage deter- mination for the clzssification of work actually performed. u.i~hout regard !o skili. except as provided in paragraphs 4
and 5 of &s Secxion IV.
(3) the proposed wage rate. including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
permiucd by regulations (29 CFR 3)] issued by the Secretary _. .. ._ (4) with respcct to helpers as defined in Section IV.4(c),
when such a classification prevails in the area in which the
work is performed.
d. In the event the contractor or subcontractors. as appro- priate. the laborers or mcchanics to be employed in the addi- tional classification or their representatives, and the con- tracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits. where appropriate). the contracting officer shall re-
fer the questions. including the views of all interested parties
and the recommendation of the contracting officer, to he
Wage and Hour Administrator for determination. Said Admin-
istrator, or an authorized representative, will issue a determi-
nation within 30 days of receipt and SCJ advise the contracting
officer or will notify the conrrzcting officer within the 30-day
period that addi5onal time is necessary b. Laborers or mechanics performing wc:k in more than one classification rnay be compcnsated 21 ihe rate specified
for each classification for the time actually worked thcrcin,
povided, rhat the employer's paq~oll records accurately set
forth the time spcnt in each classification in which work is
pcrformed
e. The wage rate (including fringe benefits where appropri-
ate) dctcrmined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the addi-
tional classifica~ion from the first day on which work is per-
formed in the classification. c. All rulings and interpretations of the Davis-Bacon Act and relatcd acts contained in 29 CFR 1, 3, and5 are herein 3. Payment of Fringe Benefits: hcoqmrated by refcrence in this contract.
a. Whenever the minimum wage rate prescribed in the con-
tract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contrac-
tor or subcontractors, as appropriate, shali either pay the
Fo- :27j - Rn-lscj 2-93 05-09-93
FR-6
bcnefit as stated in the wage determination or shall pay an- other bona fide fringe benefit or an hourly case equivalent
thcreof.
vails for the applicable apprentice classific
shall be paid in accordance with that determin
(4) In the event the Bureau of Apprentices!
ing. or a State apprenhship agency recognit
reau, withdraws approval of an apprenticeship
contIactor or subcontractor will no longer bc
utilize apprentices at less than the applica'
mined rate for the comparable work perform - employees until an acceptable progam is app
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b. If the contractor or subcontractor. as appropriate. does
not make payments to a trustec or other third person, helshe may consider as a part of the wages of any laborer-or me-
chanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the writ- rcn request of the contTactOr, that the applicable standards of rhe Davis-Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or pro- (1) Except as provided in 29 CFR 5.16. trd
gram. be permitted to work at less than the predeten
the work performed unless they are employe
4. Apprentlces and Trainees (Programs of the and individually registered in a program which US- DOL) and Helpers: prior approval, evidenced by formal certific DOL. Employment and Training Administratic
(2)The ratio of trainees to journeyman-lev
on the job site shall not be greater than permit
plan approved by the Employment and Train tration. Any employee listed on the payroll
rate who is not registered and participating
plan approved by the Employment and Train
tration shall be paid not less than the applicat
on the wage determination for the classificatior tually performed. In addition. any trainee perf on the job site in excess of the ratio permitt8 registered program shall be paid not less than
ble wage rate on the wage determination for tf
ally performed.
''
b. Trainees:
a. Apprentices:
(1) Apprentices will be permitted to work at less than
ihe predetermined rate for the work they performed when
Zhey are employed pursuant to and individually registered in
a bona fide apprenticeship program registered with the WL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprentice-
ship agency recognized by the Bureau. or if a person is em- ployed in hisjher fust 90 days of probationary employ-
ment as an apprentice in such an appenticeship program,
who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropri-
ate) to be eligible for probationary employment as an ap-
prentice. (3) Every trainee must be paid at not less
specified in the approved program for his/
progress, expressed as a percentage of the .
level hourly rate specified in the applicable w
nation. Trainees shall be paid fringe benefits ii
with the provisions .of the trainee program. 1
program does not mention fringe benefits. trair
paid the full amount of fringe benefits listcd
determination unless the Administrator of th Hour Division determines that there is an ai program associated with the corresponding , level wage rate on the wage determination wk
for less than full fringe benefits for apprcntici
case such trainees shall receive the same fringc
apprentices.
(2) The allowable ratio of apprentices to joumeyman- level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contrac- lor as to the entire work force under the registered program.
Any employee listed on a payroll at an apprentice wage
rate. who is not registered or otherwise employed as stated
above, sha!l be paid not less than the applicable wage rate
listed in t.e wage determination for the classification of
work actually performed. In addition, any apprentice per-
forming work on the job site in excess of the ratio Frmit- ted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for be
work actually performed. Where a contractor or subcontrac-
tor is performing consmction on a project in a locality orher than that in which its program is registered, the ra-
tios and wage rates (expressed in percentages of the joui-
neyman-level hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed.
(4) In the event the Employment and Traini:
tration withdraws approva: of a training progri tractor or subcontractor will no longer be pcm lize trainees at less than the applicable predet
for the work performed until an acceptable prc proved.
c. Helpers:
(3) Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's
level of progiess, expressed as a percentage of the jour- neyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe bcnefiu in accordance wilh the provisions of the apprenticeship pro-
gram. If the apprenticeship program does not specify
fringe benefis, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the ap
plicable classification. If the Administrator for the Wage and Hour Division detcrmincs that a diffcrcnt praciice pre-
(1) A helper is a semi-skilled worker (ra
skillcd journeyman mechanic) who works undc tion of and assisu a journeyman. Under the ji direction and supervision, the helpcr performs duties to assist the journeyman such as prepxi
and furnishing materials, tools. equipment, a
and maintaining them in order; cleaning ani
work areas; lifting. positioning, and holding s
Fo.3 1273 -
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FR-7
tools; and ohm related, semi-skilled tasks as directed by
the journeyman. A helper may use tools of the trade at and under the direction and supervision of the journeyman. The
particular duties performed by a helper vary according to
area praclice.
be liable to the affected employee for hisher unpaid wages. In
addition, such contractor shall be liablc to the United States (h
the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for-liquidated
damages. Such liquidated damages shall be computed with re-
spect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7. in
the sum of S10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages re-
quired by thc clause set forth in paragraph 7.
(2) Helpers will be permitted to work on a project if the
helper classification is specified on an applicable wage dc- termination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a
payroll at a helper wage rate, who is not a helper as defined
above. shall be paid not less than the applicable wage rate on the wage determination for the classification of work ac- 9. Withholding for Unpaid Wages and Liquidated
UaUy performed. Dam ages:
5. Apprentices and Trainees (Programs of the The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to
be withheld. from any monies payable on account of work per- formed by the contractor or subcontractor under any such con-
tract or any other Federal contract with the same prime contrac-
tor, or any other Federally-assisted contract subject to the Con-
uact Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be
nccessary to satisfy any liabilities of such contractor or subcon-
uactor for unpaid wages and liquidatcd damages as provided in
the clause set for& in paragraph 8 above.
US. DOT):
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the Secre-
tary of Transportation as promoting EEO in connection with
Federal-aid highway construction programs are not subject to
rfie requirements of paragraph 4 of this Section IV. The straight
rime hourly wage rates for apprentices and trainees under such
programs will be established by the particular programs. The
ratio of apprentices and trainees to journeymen shall not be
greatcr rhan pcrmirted by the terms of the particular program.
1'. STATEMESTS ASD PAYROLLS
(Applicable to all Federal-aid construction conuacts exceed-
ing 52.000 and to all related subconuacts. except for projects
located on roadways classified as local roads or rural collectors,
which are exempt.)
6. Wi'I?hhoIding:
??le SHA shall upon its own action or upon written request of
an aurhorized rep:esentative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this con-
=act or any other Federal contract with thc same prime conDac-
mr. or any othcr Federally-assisted contract subject to Davis- 1. Compliance with Copeland Regulations (29
Bacon Fevailing wage rcqukements which is held by the same
prime contractor, as much of the accrued payments or advances
as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees. and helpers, employed by the
contracbr or any suScontTactor the full amount of wages re-
quired by the CO~'~T~CL In the event of failure to pay any laborer
or mechanic. including any apprentice, trainee, or helper, em- 2. Payrolls and Payroll Records: ployed or working on the site of the work, all or part of t!e
wages required by be coritract. the SHA contracting officer may, after written notice to the conzactor. take such action as may be
nccessary to cause the suspension of any further payment, ad- %axe. or gnuantee of fi~nds until such viola5or.s have ceased.
CFR 3):
. The contractor shall comply wirh the Copeland Regulations
of the Secretary of Labor which 31c herein incorporated by refer-
ence.
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during
the course of the work and preserved for a period of 3 years from the date of complerion of the contract for all laborers, mechanics, apprentices, trainees. watchmen, helpers, and
guards working at the site of the work. 7. Overtime Requirements:
X3 coilmttcr 07 sukonuactor contracting for aqy part of the b.The payrolI records shall contain the name. social sccu-
contrac~ work which nay require or involve the employment of rity number, and address of each such employee; his or her laborcrs, mechanics, wawhmen, or guards (including appren- correct classification; hourly rates of wages paid (including
rices. Uainees. and helpers described in paragraphs 4 and 5 rates of contributions or costs aniicipated for bona fide fringe
above) shall require OT permit any laborer. mechanic. watchman. bcncfits or cash equivalent thereof the types described in Sec-
or guard in a~y workweek in which heishe is employed on such tion l(b)(2)(B) of the Davis Bacon Act); daily and weekly work, IO woik in excess of 40 hours in such workweek unless numbcr of hours worked; deductions made; and actual wages
such laborer, mechanic. walchman. or guard receives compcnsa- paid. In addition, for Appalachian contTacts, the payroll
lion at a rate not less than one-and-one-half times hishcr basic records shall contain a notation indicating whether the em-
me of pay for all hour5 worked in excess of 40 hours in such ployee does, or does nof normally reside in the labor area as
workweek. defined in Attachment A, paragraph 1. Whenever the Secre-
iary of Labor, pursuant to Section IV. paragraph 3b, has found that the wages of any laborer or mechanic include the amount
of any cos& reasonably anticipated in providing benefits un-
der a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contr3ctor and each subcontractor shall
maintain records which show that the ccmmitment to provide
8. Violation:
LiabW for Unpaid Wages; Liquidatcd Damages: In the event of my violation of the clause set forrh in paragraph 7 above.
the cont'xto: and any subccnrractor reswnsi blc thereof shall
TO-. 173 - Rn5d 4.93 OS-G5-53
FR-8
such benefits is enforceable, that the plan or program is fi- nancially possible, that the plan or program has been corn- municated in writing to the laborers or mechanics affected,
- and show the cost anticipated or the actual cost incurred in
providing benefits. Contractors or subcontractors employ- ing apprentices or trainees under approved programs shall
and trainees, and ratios and wage rates prescribed in the appli-
cable programs, LABOR
the DOL. or a11 may. after written notice to t'
sponsor, applicant. or owner. take such actions a essary to cause the suspension of any further payr or guarantee of funds. Furthermore, failure to subn
records upon request or to make such records ava
grounds fordebarment action pursuant to 29 CFR 5
VI. RECORD OF MATERIALS, SUPPL
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maintain written evidence of the registration of apprentices _. --_ -
c. Each contractor and subcontractor shall furnish. each 1. On all Federal-aid contracts on the National ' week in which any contract work is performed, 10 the SHA tem, except those which provide solely for the i resident engineer a payroll of wages paid each of its employ- protective devices at railroad grade crossings, thc
ees (including apprentices, trainees, and helpers, described in constructed on a force account or direct labor b; Section IV, paragraphs 4 and 5. and watchmen and guards en- beautification contracts. and contracts for which t gaged on work during the preceding weekly payroll period). construction cost for roadway and bridge i
The payroll submitted shall set out accurately and completely $1,OOO,OOO (23 CFR 635) the contractor shall:
all of the information required to be maintained under para-
graph 2b of this Section V. This information may be submit-
mi in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superinten-
dent of Documents (Federal stock number 029-005-0014-1). US. Government Printing Ofsce, Washington, D.C. 2M02. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors.
1.
a.Become familiar with the list of specific 1 supplies contained in Form FHWA-47. "Stateme
als and Labor Used by Contractor of Highway Involving Federal Funds." prior to the comm work under this contract
b. Maintain a record of the total cost of all I
supplies purchased for and incorporated in the w
of the quantities of those specific materials
listed on Form FHWA-47, and in the units shc FHWA-47.
d. Each payroll submitted shall be accompanied by a Statement of Compliance." signed by the contractor or sub-
contractor or hisher agent who pays or supervises the pay- ment of the persons employed under the contract and shall cerrify the following: c. Furnish. upon the completion of the con SHA resident engineer on Form FHWA-47 toge data required in paragraph lb relative to materi plies, a final labor summary of all contract wo the total horn worked and the total amount eame
2. At the prime contractor's option, eilher a s covering all coneact work or separatc reports for tf
and for each subcontract shall bc submitted.
(1) hit the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is COITTCC~ and complete;
(2) that such laborer or mechanic (including each helper. appreniice. and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, eilhcr directly or indirectly, and bat
no deductions have been made either directly or indirectly
from the full wages earned, othcr than permissible dcduc-
lions as set forth in the Regulations, 29 CFR 3;
VII. SUBLETTING OR ASSICKIXG THE TRACT
1.Thc contractor shall perform with its own (
conuact work amounting to nor less than 30 pe
greater pcrcentage if specified elsewhere in the con
total original contract price. excluding any specialti
ignatcd by the State. Specialty items may be pcrfon
contract and the amount of any such specialty item may be deducted from the total original contract 1
computing the amount of work required to be perfo
conzactor's own organizs:ion (23 CFR 635).
(3) thai each laborer or mechanic has been paid not less
that t+e applicable wage rate and fringe bcnefits or cash
equivalent for the classification of worked performcd, as
specified in the applicable wage determination incorpo- xaied into the contract.
e.The weekly submission of a properly executed certifica-
lion se~ forth on the reverse side of Opiional Form WH-347 shall satisfy the requirement for submission of the "Statement
of Compliance" required by paragraph 2d of this Section V.
a. "Its own organization" shall be construed
only workers employed and paid directly by the tractor and equipment owned or rented by the pri tor. with or without operators. Such term does
employees or equipment of a subcontractor, a
agent of he prime contractor.
f-The falsification of any of the abovc certifications may subjcct the contractor to civil or criminal prosecution under 18
U.S.C. 1001 and 31 U.S.C. 231.
g.The contractor or subconuactor shall make the records re-
quked under paragraph 2b of this Section V available for inspec-
xion. copying. or transcription by authorized representatives of
I~E SHA, &e FHWA. or the EOL. and shall permit such reyrescn- Zztiws to inlcrview employees during working hours on the
job. If the conuactor or subconuactor fails to submit the re-
qnkd rccords or to make them available. the SHA. the FHWA,
b. "Specialty Items" shall be construed to bc
work that requires highly specialized knowledge,
equipment not ordinarily available in the typz of
organizations qualified and expected to bid on the a whole and in general ue to bc limited to minor I
of the ovcrall contract.
Forn 1273 -
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FR-9
21he contract mount upon which the requirements set forth
jn paragraph 1 of Section VI1 is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the ContTactor under the contract provisions.
garding the seriousness of these and similar acts, the following
notice shall be posted on each Federal-aid highway project (U CFR 635) in one or more places where it is readily available to
all persons concerned with the project:
3.The contractor shall furnish (a) a competent superinten-
ity to direct performance of the work in accordance with the con- tract requirements. and is in charge of all construction opera-
rions (regardless of who performs the work) and (b) such other of its own organizational resources (supervision. management, and engineering services) as the SHA contracting officer deter-
mines is necessary LO assure the performanfe of the contract.
NOTICE TO ALL PERSOAXEL ENGAGED ON
dent or supervisor who is employed by the firm. has full author- FEDERAL-AID HIGHWAY PROJECTS
.- 18 U.S.C. 1020 reads as follows:
“Whoever being an oficer, agent, or employee of the United
States, of my State or Territory, or whoever, whether u person,
association, firm, or corporation, knowingly makes any false
sdemnt, false representation. or false report a to the charm- ier. qdify, quantity, or cost ofthe material used or to be used, or the quantity or qualify of the work performed or to be per- formed, or the cost hereof in connection with the svbmksion of plans, maps, specifications, confracts, or costs of construe tion on my highway or related project submitted for approval to
the Secretary of Transportation; or
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
SHA contracting officer, or authorized representative. and such
consent when given shall not be construed to relieve the con-
nactor of any responsibility for the fulfillment of the contract.
Written consent will be given only after the SHA has assured
fiat each subcontract is evidenced in writing and that it contains
all pcriinent provisions and requirements of the prime contract. Whoever knowingly makes any false statement, false repre- senfation, false report or false claim with respect to the charac- ter, quality, qwity. or cost of any work performed or to be per- formed, or materials furnished or to be furnished, in connection
with the corutrrrction of my highway or related project ap- proved by the Secretary of Transportation; or
VIII.
1.h t?e performance of this contract the contractor shall comply with all applicable Federal, State, and local iaws gov- crning safery. health, and sanitation (23 CFR 635). The con- tracmr shall provide all safeguards, safety devices and protec-
tive equipment and take any other needed actions as it deter-
mines. or as the SHA contracting officer may determine. to be
reasonably necessary to protect the life and healrh of employees
on the job and the safety of the public and to protect property in
connection with the performance of the work covered by the contract
SAFETY: ACCIDEST PREVENTIOS
Whoever knowingly makes my false statement or false repre- sentation ps to material fact in any statement, certificate, or re- port submitted pursuant to provisiom of the Federal-aid Roads
Act approved Jdy I, 1916, (39 Stat. 355). as amended and sup-
plemented;
SMI be fmd no! more thnt $10,000 or imprisoned not more
Ihan 5 years or both.” 2. It is a condition of this contract, and shall be made a con- dition of each subconzact. which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not parnit any employee, in performance of the conmacf
!O wcrk in sunoundings or under conditions which are unsani-
tary. hazardous cr dangerous to hisher health or safety. as de-
lermined under construction safety and heallh standards (29 CFR
1926) promulgatcd by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Stan-
dads Act (40 U.S.C. 333).
X. l3IPLEMEhTATION OF CLEAS AIR ACT ASD FEDERAL WATER POLLUTION COSTROL ACT
(Applicable to all Federal-aid construction contracts and to all
related subcontracls of 5100,000 or more.)
By submission of this bid or the execution of this contract, or subcontract. as appropriate, the bidder, Federal-aid construction conuactor. or subcontractor. as appropriate, will be deemed to
have stipulated as follows: 3.Pursua~t to 29 CFR 1926.3. it is a condition of this con- Pact that L\C Secretary of Labor or authorized representative
hereof. shall have right of entry to any site of conwact perfor-
mance 10 inspect or investigate the matter of compliance with
fie construction safety md health standards and to carry out the
duties of the Secretary under Seclion 107 of the Contract Work Hours and Safety Smdards Act (40 U.S.C. 333).
1.That any facility that is or will be utilized in the perfor-
mance of this contracf unless such conDact is exempt under the
Clean Air Act, as amended (42 U.S.C. 1S57 et seq., as amended
by Pub.L. 91-604). and under the Federzl Water Pollution Con- trol Act. as amended (33 U.S.C. 1251 et seq.. as amended by
hb.L. 92-500). Executive Order 11738, and regulations in im-
plementation thereof (40 CFR 15) is not listed, on the date of
cormact award, on the U.S. Environmental Protection Agency
(EPA) List of Violating Facilities pursuant to 40 CFR 15.20.
IX. FALSE STATEMESTS COSCERSISG HIGH- >YAY PROJECTS
In ordcr to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of rcliabiliy on statements and represcntations made by
engineers, contractors, suppliers. and workers on Federal-aid highway projects. it is essential that all persons concerned with
I3:e pro-kct pcrform t!!cir functions as carefully. thoroughly, and
honcstly as possible. Willful falsification, distortion, or mis-
repcscniation with respect to my facts related to the project is
a violatiori of Federal law. To prevent any misundersunding re-
2.That the finn agrees to comply and remain in compliance
with all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt
of my communication from the Director, Office of Federal AC-
tivitics. EPA, indicating that a faci1i:y that is or will be utilized
Fc. 1273 - Rnxd 4-93 08-09-93
FR-10
for the contract is under consideration to be listed on the EPA List of Violating Facilities.
g. The prospective primary participant furthe
submitting this proposal that it will include the "Certification Regarding Debarment, Suspensioi
ity and Voluntary Exclusion-Lower Tier Cover
tion," provided by the department or agency e
this covered transaction. without modification,
tier covered transactions and in all solicitations f
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4.That the fum agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such re- quixments. covered uansactions.
a
L XI. CERTIFICATIOS RECARDISC DEBAR- MENT, SUSPENSION, INELIGIBILITY AND VOL- UhT'ARY EXCLUSION
h. A participant in a covered transaction may
certification of a prospective participant in a lo!
ered transaction that is not debarred, suspended, voluntarily excluded from the covered transacti
1. Instructions for Certification - Primary Cov- knows that the certification is erroneous. A pill decide the method and frequency by which it deter igibility of its principals. Each participant ma,
required to, check the nonprocurement portion of Parties Excluded From Federal Procurement or :
ment Programs" (Nonprocmement List) which is the General Services Administration.
ered Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a.By signing and submitting this proposal, the prospec-
five primary participant is providing the certification set out
below. i.Nothing contained in the foregoing shall t to require establishment of a system of records in der in good faith the certification required by this
knowledge and information of participant is no! exceed that which is normally possessed by a pn in the ordinary course of business dealings.
b. The inability of a person to provide the certification set
out bclow will not necessarily result in denial of participation in this covered transaction. The prospective participant shall
submit an explanation of why it cannot provide the cenifica-
tion set out below. The certification or explanation will be considered in connection with the department or agency's de- ermination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a cer-
tification or an explanation shall disqualify such a person
from participation in this transaction.
j. Except for wansactions authorized under pa
these instructions, if a participant in a covere(
knowingly enws into a lower tier covered trans:
person who is suspended. debarred, ineligible, o excluded from participation in this transaction, i
other remedies available to the Federal Govemr partment or agency may terminate this transacti or default
c. The certificarion in this clause is a material representa-
tion of fact upon which reliance was placed when the depart-
ment or agency determined LO enter into this transaction. If it
is later determined that the prospective primary participant
other remedies available 10 the Federal Govemmenl the de-
partment or agency may terminate this transaction for cause Certilicatlon Regardfng Debarmei of default Suspension, Ineligibility and Volur Exclusion-Primary Covered Transa
1. The prospective primary participant cer best of its knowledge and belief, that it and its
a. Are not presently debarred, suspended,
debarment. declared ineligible. or voluntar
from covered transactions by any Federal di
knowingly rendered an enonmus certification. in addition to **..I
d. The prospective primary participant shall provide im-
mediate written notice to the department or agcncy to whom
rhis proposal is submitted if any time the prospective pri-
mary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction." "debarred." "sus- agency; pcnded," "ineligible," "lower tic: covered uansaction." "par- ticipant," "person," "primary covered transaction." "princi-
pal." "proposal," and "voluntarily excluded." as used in this
clause. have the meanings set out in the Definitions and Cov- erage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this pro- posd is submitted for assistance in obtaining a copy of those
regulations.
b. Have not within a 3-year period prc proposal becn convicted of or had a civil juc
dered against them for commission of fraud I
offense in connection with obtaining, attem
tain. or performing a public (Federal, Sta
transaction or contract under a public transa
tion of Fedcral or State antitrust statutes or
of embezzlement. theft, forgery, bribery. fa1 destruction of records, making false staterr
ceiving stolen property;
f. The prospective primary panicipant agrees by submit- ring this proposal that should the proposed covered transac-
tion be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred. suspended, declared ineligible, or voluntarily excluded from .
participation in this covered transaction, unless authorized
by rhe department or agcncy entering into his transaction.
c. Are not presently indicted for or othe
nally or civilly charged by a governm
(Federal. State or local) with commission o
offenses enumerated in paragraph lb of 0
tion; and
Fonn 1273 .
b
FR-11
decide the melhod and frequency by which it determines the el- igibility of its principals. Each participant may. but is not
required to, check the Nonprocurement List. d. Have not within a 3-year period preceding this ap-
plicationJproposa1 had one or more public transactions
(Federal. State or local) terminated for cause or default.
2. Where the prospective primary participant is unable
to certify to any of the statements in this certification, such prospcctive participant shall attach an explanation to
this proposal.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to ren- der in good faith the certification required by this clause. The
knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. *****
i. Except for transactions authorized under paragraph e of
2. Instructions for Certification - Lower Tier these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended. debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the de- partment or agency with which this transaction originated
may pursue available remedies, including suspension andor
debarment.
Covered Transactions:
(Applicable to all subcontracts, purchase orders and other
low= tier transactions of S25,ooO or more - 49 CFR 29)
aBy signing and submitting this proposal, the prospec-
b.The certification in this clause is a material representa-
tive lower her is providing the certification set out below.
*****
lion of fact upon which reliance was placed when this transac- tion was entered into. If it is later determined that the Certification Regarding Debarment,
prospective lower tier participant knowingly rendered an er- Suspension, Ineligibility and Voluntary
' ToneOus certification, inaddition to other remedies available Exclusion-Lower Tier Covered Transactions
to the Federal Govemment, the department or agency with
which this transaction originated may pursue available reme-
dies, including suspension and/or debarment.
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its princi- pals is presently debarred, suspended, proposed for debar- ment. declared ineligible, or voluntarily excluded from par-
ticipation in this transaction by any Federal department or agency.
E. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal
is submitted if at any time the prospective lower tier partici- pant learns that its certification was erroneous by reason of
changed circumstances. 2. Where &e prospective lower tier participant is unable
to certify to any of the statements in this certification,
d. The terms "covered transaction." "debarred." "SUS- such prospective participant shall attach an explanation to
this proposal. pended." "ineligible." "primary covered transaction." "partic-
ipan1," "person." "principal," "proposal," and "voluntarily
L\C Dcfiii:ions ax! Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which his proposal is submitted for assistance in obtaining a copy of rhose regulalions.
excluded." as used in this clause, have Lhc meanings set out in *****
XII. CERTIFICATIOS REGARDING USE OF COSTRACT FUNDS FOR LOBBYISG
(Applicable to all Federal-aid construction contracts and to all
E. The prospcctive lower tier parlicipant agrees by submit-
ting this proposal kat, should t.e proposed covered transac- tion be entered inlo. it shall not knowingly enter into any
lower ticr covered transaction with a person who is debarred,
suspended. declared ineligible, or voluntarily excluded from participation in this covered transaction. unless authorized
by rhe departrreni or agency with which this transaction orig-
inated.
related subcontracts which exceed S100.000 - 49 CFR 20)
1. The prospective participant certifies. by signing and
submitting this bid or proposal, to the best of his or her howl-
edge and belief, thar:
a. So Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or em- ployee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant. the making of any Federal loan,
the entering into of any cooperative agreement, and the exten-
sion, continuation. renewal. amendment, or modification of any Federal contract. grant. loan, or cooperative agreement
f.The prospective lower ticr participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment. Suspension, Incligibil-
ity and Voluntary Exclusion-Lower Ticr Covered Transac- fion." without modification. in all lower tier covered transac- Zions and in all solicitations for lower tier covered transac- ~ons,
g. A participm1 in a covered transaction may rely upon a
ccrtificalion of a prospccti\*e participant in a lower tier cov- cred transaction that is not debarred, suspended, ineligible. or \.oluntarily cxcladcd from thc covered transaction, unless it
how that thc ccrtificalion is erroneous. A participant may
b. If any funds other than Federal appropriated funds have
been paid or uill bc paid to any person for influencing or at-
tempting to influence an officer or employee of any Federal
agency. a hfcmber of Congress, an officer or employee of Congress, or an employee of a Mcmbcr of Congress in connec-
Fc- 1273 - Rcvlrcl i 93 08-09-93
FR-12
tion with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying." in accor-
1352. Any person who fails to file the required shall be subject to a civil penalty Of not less than not more than $1OO.O00 for each such failure.
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#) dance with its instructions. 3.n~ prospective participant also agrees by s or her bid or proposal that he or she shall require
guage of this certification bc included in all lowe tracts, which exceed $lOO,OOO and that all such rf certify and disclose accordingly.
2. This certification is a material representation of fact upon
which reliance was placed when this transacion was made or en-
tcred into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.
FEDERAL-AID FEMALE AND MINORITY GOALS
In accordance with Section 11, "Nondiscrimination," of 177 Sacramento. CA "Required Contract Provisions Federal-aid Construction
Contracts" Lhe following are the goals for female utilization:
Goal for Women (applies nationwide) .............. (percent) 6.9 CA Yolo.
SMSA Counties:
6920 Sacramento, CA. 16.1
CA Placa; CA Sacramento;
Non-SMSA Counties. 14.3
CA Butte;CA CoIusa;
CA E1Dorado;CA Glenn:
CA Nevada;CA Siena; CA Suner.CA Yuba
178 Stockton-Modesto, CA:
The following arc goals for minority utilization:
CALIFORSIA ECONOMIC AREA Goal
(Percent) SMSA Counties:
173 Redding,CA 5170 Modesto.CA 12.3
Non-SMSA Counties 6.8 8120 Stockton. CA 24.3 CA Lasscn;CA Modoc; CA SanJoaquin.
CA Plumas; CA Shasta; Non-SM S A Counties 1 9.8
CA Siskiyou; CA Tehama
CA Stanislaus.
CA A1pine;CA Amador, CA Calaveras; CA Mariposa; CA hlaced; CA Tuolumne. 175 EurehCA
Non-ShISA Counties . 6.6 179 Fresno-Bakersfield. CA:
CA Del h'orte; CA Humboldt;
CA Trinity. S hf S A Counties:
0680 Bakersfield, CA 19.1
2840 Fresno. CA 26.1
7120 Salinas-Seaside- Kon-SMSA Counties 23.6 hlonterey, CA .... 28.9 CA Kings; CA Madera;
CA Monterey. CA Tulue.
CA Almeda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San MaLeo. ShlSA Counties: 7400 San Jose, CA 19.6 0360 Anaheim-Santa Ana-Garden
CA SantaClara Grove. CA. 11.9 7485 Santa CNZ, CA. 14.9 CA Orange.
CA SantaCn~~. 4480 Los Angeles-Long
7500 Santa Rosa, CA 9.1 BeachCA 28.3 CA Sonoma CA Los Angeles. 8720 Vallejo-Fairfield- Nap& CA 17.1 6000 Oxnard-Simi Valley-
CA Nap3;CA Solano Ventura, CA 21.5
Non-ShISA Counties 23.2 6780 Riverside-San Bernardino-
CA Lake; CA Mendocino; Ontario. CA. 19.0 CA SanBenito. CA Riverside;
176 San Frmcisco-Oakland-San Jose, CA: CA Kern.
ShlSA Counties: CA Fremo.
7360 San Francisco-Oakland. CA. 25.6 I80 Los Angeles, CA:
CA Ventura.
CA San Bcmardino.
Fom 1273
c
FR-13
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7480 Santa Barbara-Santa Maria-
Lompoc. CA 19.7
CA Smta Barbara.
h'on-SMSA Counties 24.6
CA hyo;CA Mono;
CA San Luis Obispo.
In addition to the reporting requiremen& set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts. not including material suppliers, of $IO.OOO or
more, shall submit for every month of July during which work is
performed. employment data as contained under Form FHWA
PR-1391 (Appendix C to 23 CFR. Part 230), and in accordance
with the instructions included thereon. 181 San Diego, CA
SMSA Counties 7320 San Diego, CA. 16.9
Non-SMSA Counties 18.2 CA SanDiego.
CA Imperial.
Fon 1273 - Rcsucd 4-93 OS-D9-93
FR-14
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FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS
(L, FEDERAL REQUIREMENT TRAIKING SPECIAL approve a program if it is reasonably calculate PROVISION.--As part of the Contractor's qual employment equal employment opportunity obligations of t
opportunity affirmative action program, ' training shall be and to qualify the average trainee or a1 provided as follows: journeyman status in the classification concun
of the training period. Furthermore, a
The Contractor shall provide on-the-job training to programs registered with the U.S. Departmc
develop full journeymen in the types of vadef or job Bureau of Apprenticeship and Training. 02 wit
classification involved. California, Depanment of Industxiid Relation!
The goal for the number of trainees or apprentices to be Apprenticeship Standards recognized by the
trained under the rqukmcnts of this special provision will &Sing programs approved but not necessarily
be 4. the US. Department of Labor, Manpower A In the event the Contractor subcontracts a portion of the Bureau of Apprenticeship and Training s
contract work, he shall determine how many. if any, of the considered acceptable provided it is being adn
trainw or apprentices arc to be trained by the subcontractor. manner consistent with the qual employment
provided however, that the Contractor shall retain the Federal-aid highway construction contracts.
primary responsibility for meeting the training requirements weptance of a training program shall be obb
imposed by this special provision. The Contractor shall rlzo Starc prior to commencing work on the classific
insure that this Training Special Provision is made applicable by the program. It is the intention of these F
to such subcontract. Where feasible, 25 percat of trainees Or training is to be provided in the consauctior
apprentices in each occupation shall be in their fmt year of than clerk-typists or secretarial-type positions
apprenticeship or training. permissible in lower level management psi
The number of trainees or apprentices shall be distributed office engineers. estimators, timekeepers. et
among the work classifications on the bais of the training is oriented toward construction
Conaactor's nceds and the availability of joumeyma in the Training in the laborer classificuion may
various classifications within a reasonable area of provided that significant and meaningful trahi
recruitment Prior to commencing work. the Conmm shall and approved by the division offce. Some off
submit to the Depaxnnmt for approval the number of traineu permissible as long as the trhhg it an intee
or apprentices to be trained in cash selected classification and approved training program urd does not
training program to be used. Funhermore, the Conmctm significant pan of the overall trGng.
shall specify the starting time for training in each of the Except as otherwise noted below, the Cont
classifications. The Contractor will be credited for each reimbursed 80 cents per hour of treg giver
trainee or apprentice employed by him on the contract work on this contract in accordance with an appl
who is currently enrolIcd or becomes enrolled in an approved program. As approved by the Engineer, reimt program and will be reimbursed for such trainees or be made for Wing of persons in excess c
apprentices as provided haeinafter. specified herein. This reimbursement will 1
Training and upgrading of minorities and women toward though the Contractor reEcives additional trt~
journeymen status is 8 primary objective of this Training funds from olher sources, providcd such other S
Special Provision. Accordingly, the Contractor shall make specifically prohibit the Contractor from re
every effort to enroll minority and women trainees or reimbursement. Reimbursement for offsite trai
apprentices (e.g.. by conducting systematic and direct above may only be made to the Contractor whe remitment through public and private sources likely to yield or more of the following and the trainees or a
minority and women trainees or apprentices) to the extent concurrently employed on a Federal-aid projo
such persons are available within a reasonable area of to the COS[ of the training, provides the hst
recruitment. The Contractor will be responsible for trainee or apprentice or pays the trainee's c
demonstrating the steps that he has taken in pursuance wages during the offsite training period. thereof. Mor to a determination as to wherha the Contrattor No payment shall be made to the Contractc
is in compliance with this Training Special Provision. This failure t~ provide the rquircd training, or the training commitment is not intended. and shall not be used, the trainee or apprentice as a journeyman, is
10 discriminate against any applicant for training, whetha a Contractor and evidences a lack of good faith
member of a minority group or not. the Contractor in meeting the rquircmcnu of
NO employee shall bc employed as a trainee or apprentice Special Provision. It is normally expected th
b any classification in which he has successfully completed p apprentice will begin his training on the projc
uaining course leading to journeyman status or in which he feasible after start of work utilizing the skill
has hen employed as a journeyman. The Contractor should remain on the project as long as training om
satisfy this requirement by including appropriate questions in in his work classification or until he hs 1
the empIoyee application or by other suitable means. training program. It is not rquircd that a
Regardless of the method used the Contractor's records should apprentices be on board for the entire length C document the frndings in ea& wc A Contractor will have fulfilled his respomibil
The minimum length and type of training for each Training Special Provision if he has provid
classification will be as established in the training prcgrm training to the number of trainees or applent
selected by the Contractor and approved by both the The number trained shall be determined on d
Department znd the Federal Highway Administration. The total numbcr enrolled on thc contTact for a sig Deputment and the Federal Highway Administration will
I.
FR-15
Only trainees or apprentices registered in a program ?he Contractor shall provide each trainee or app~cntice with
approved by the State of California's State Administrator of certification showing the typc and length of trainin Apprenticeship may be employed on the project and said satisfactorily completed.
trainees or apprentices shall be paid the standard wage The Contractor will provide for the maintenance of record
specified under he regulations of the craft or trade at which and furnish pcriodic reports documenting his pcrformanc they are employed. under this Training Spccial Provision.
The Contractor shall lurnish the trainee or apprentice a copy of rhe program he will follow in providing the training.
Rcr:<cA 4-4; PL-CS-~~
FR-16
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SECTION 15, FEDERAL MINIMUM WAGES
SAP4 DUEGO
Attention Is directed to Section 14, "Federal Requiremen'
for Federal-Aid Construction ProjectsR, in the NotIce to
Contractors and Speclal Provisions for this project; and Decision No. CA94-1 of the Secretary of Labor, included her
I.
II
GENERAL WAGE DETERMINATIONS
AND RELATED ACTS
ISSUED UNDER THE DAVIS-BACON
GENERAL DECISION CA940001 03/04/94 CA1
General Decision Number CAM0001
Superseded General Decision No. CA930001
State: California
Construction Type:
BUILDING
HIGHWAY RESIDENTIAL
County(ies):
.
HEAVY,
1 SAN DIEGO
BUILDING CONSlRUCT13N PROJECTS; HEAW WNSTRUCTION PROJECTS (doe
not include TvlGrout work or water well drilling): HIGHWAY
(including single family homes and apartments up to and includin
4 stories); DREDGING PROJECTS. This wage decision does not
include hopper dredge work or the installation of solar energy systems.
Modification Number Publication Date
0 02'1 1 I1 994
1 03/34/1994
mmucnoN PROJECTS; RESID^ CUNSTRUCTION PROJECTS
COLINlY(ies):
SAN DIEGO
ASBE0005A 09/20/1993
Rates Fringes
INSULATORYASBESTOS WORKERS includes the application of all insulating materials, protective coverings, coatings, and finishings to all types 01 mechanical systems 27.21 7.53
ASBESTOS REMOVAL WORKEW WWLJs W'ERLkL WWDLER Includes preparation, wetting.
stripping, removal, scrapping,
5
vacuuming, bagging and disposing
of all insulation materials from
mechanical systems, whether they
contain asbestos or not 10.75 1.75 ................................................................
BOfL0092A 01/01/1994
Rates Fringes
BOILERMAKER 26.1 8 7.89 ................................................................
BRCA0004M 1 1/01/1992
Rates Fringes
SElrER 20.78 5.95
BRICKLAYER; STONEMASON; MARBLE
................................................................
BRCA0004T 09/01 /I 992
Rates Fringes
TERRAZZO AND TILE SETTER 24.99 6.60 ................................................................
BRCAOOl7C 06/01 /1991
Rates Fringes
MARBLE, TERRAZZO AND TILE FINISHER 19.21 6.72 ................................................................
CARP0002B 07/01/1993
Rates Fringes
DIVERS:
Diver, wet 52.96 5.1 0
Diver, stand-by 26.43 5.1 0
Diver tender 25.43 5.1 0
rnm9l-E:
Divers shall receive a minimum of 8 hours pay for any day or
part thereof. ................................................................
CARP0002L 07/01/1993
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CARPENTER:
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Work meeting any of the following criteria:
1) A residential wood frame project of any size;
2) Interior tenant improvement work, regardless of the size
3) Any wood frame project of four stories or less
of the project; and I @’
17.76 4.80
Heavy & highway work:
Work on box culverts, catch
basins and headwalls in
residential projects 18.68 5.1 0
All other heavy & highway work 23.35 5.1 0
All other work 22.20 4.80
Millwright 23.85 5.1 0 I Piledriver 23.48 5.1 0
.............................................................
CARP0002U 07/01/1993
Rates Fringes
DRYWALL INSTALLEWLATHER:
Work on single family homes and
apartments up to and including
4 stories 18.53 4.23
All other work 17.00 5.1 0 ----------__-__----_-----------------------------------------.
ELEC0569A 10/01/1993
Rates Fringes
ELECTRICIANS:
Work on single family homes and
apartments up to and including
4 stories 14.61 3% + 2.77
Sound work:
Sound technician 17.1 8 3% + 3.85
Telephone interconnect technician 13.79 3% + 3.85
Sound person 12.53 3% + 3.215
Utility work:
Utility technician #I 16.1 1 3% 4- 2.84
Utility technician #2 10.56 3% -+ 2.49
Elxtrician 20.86 3% + 5.22
All other work: 5 Cable splicer 21.31 3% + 5.22
7
SCOPE OF WORK:
SOUND WORK: Assembly, installation, operation, service and
maintenance of components or systems as used in closed circuit
television, amplified master television distribution, CATV on
private property, intercommunication, burglar alarm, fire alarm,
life support and all security alarms, private and public
telephone and related telephone interconnect, public address,
paging, audio, language, electronic, background music system less
than line voltage or any system acceptable for class two wiring
for private, commercial, or industrial use furnished by leased
wire, frequency modulation or other recording devices, electrical
apparatus by means of which electricity is applied to the
amplification, transmission, transference, recording or
reproduction of voice, music, sound, impulses and video.
Excluded from this Scope of Work - transmission, service and
maintenance of background music. All of the above shall include
the installation and transmission over fiber optics.
SOUND TECHNICIAN: Terminating, operating and performing
SOUND PERSON B: Wirepulling, splicing, assembling and
final check-out
installing devices
UTlLlTY WORK:
UTILITY TECHNICIAN #l : Installation of street lights and
traffic signals , including e I ec t rica I circuitry ,
programmable controller, pedestal-mounted electrical
meter enclosures and laying of pre-assembled cable in
ducts. The layout of electrical systems and
co m m un i cation i nsta I I at ion i n cl ud ing prope r position of
trench depths, and radius at duct banks, location for
manholes, street lights and traffic signals.
UTILITY TECHNICIAN #2: Distribution of material at job-
site, installation of underground ducts for electrical,
telephone, cable TV and communication systems. The
setting, leveling, grounding and racking of precast
manholes, handholes and transformer pads. ----------------------------------------------------------------
ELEC0569B 02/01/1994
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LINE CDNSTRUCTION:
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Commercial overhead line work;
Catenary work:
Line technician; Heavy
equipment operator 24.37 4% + 5.12
Ground person 17.60 4% + 5.12
I.
Ground person/truck driver 11.98 4% + 5.12
All other commercial underground
line work:
Line technician; Heavy
Ground person; Ground
equipment operator 16.27 4% + 5.12
person/truck driver 11.58 4% + 5.12 .............................................................
ELECl245A 06/01/1993
Rates Fringes
OUTSIDE UTILITY TRANSMISSION WORK:
Line worker; Cable splicer 25.70 4% +6.25 Powder worker 24.41 4% +6.25
Ground person 16.63 4% +6.25 I. Line worker, welding 26.99 4% +6.25
SCOPE OF WORK
All outside work on electrical transmission lines, switchyards
and substations, and outside work in electrical utility
distribution systems owned, maintained and operated by
electrical utility companies, municipalities, or governmental
agencies. .............................................................
ELEV0018A 08/26/1993
Rates Fringes
ELEVATOR MECHANICS 27.1 3 6.1 2
FCDlNOTE:
Vacation Pay: 8% with 5 or more years of service, 6% for 6
months to 5 years service. Paid Holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Friday after, and Christmas Day. .............................................................
ENG 1001 28 07/01 /19S3 I.
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POWER EQUIPMENT OPERATORS:
__-_ GROUP 1 21.75 9.49-
GROUP 2 22.53 9.49
GROUP 3 22.82 9.49
GROUP 4 22.96 9.49
GROUP 5 24.06 9.49
GROUP 6 23.1 8 9.49
GROUP 7 23.29 9.49
GROUP 8 24.39 9.49
GROUP 9 23.41 9.49
GROUP 10 24.51 9.49
GROUP 11 23.58 9.49
GROUP 12 23.68 9.49
GROUP 13 23.71 9.49
GROUP 14 23.79 9.49
GROUP 15 23.91 9.49
GROUP 16 24.08 9.49
GROUP 17 24.1 8 9.49
GROUP 18 24.29 9.49
GROUP 19 24.41 9.49
GROUP 20 24.58 9.49
GROUP 21 24.68 9.49
GROUP 22 24.79 9.49
GROUP 23 24.91 9.49
GROUP 24 25.08 9.49
-
CRANES, PILEDRIVING & HOISTING:
GROUP 1 21.75 9.49
GROUP 2 22.53 9.49
GROUP 3 22.82 9.49
GROUP 4 22.96 9.49
GROUP 5 23.1 8 9.49
GROUP 6 23.29 9.49
GROUP 7 23.41 9.49
GROUP 8 23.58 9.49
GROUP 9 23.75 9.49
GROUP 10 24.75 9.49
GROUP 11 25.75 9.49
GROUP 12 26.75 9.49
GROUP 13 27.75 9.49
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GROUP 1 23.03 9.49
GROUP 2 23.32 9.49
GROUP 3 23.46 9.49
GROUP 4 23.68 9.49
GROUP 5 23.79 9.49
GROUP 6 23.91 9.49
GROUP 7 24.21 9.49
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POWER EQUIPMENT OPERATORS - DREDGING:
Hydraulic suction dredges:
Lever operator 24.1 0 9.50
Deckmate; Watch engineer 23.52 9.50
Winch (stern winch on dredge) 22.97 9.50
Bargehand; Deckhand; Fire person;
Oiler; Leveehand 22.43 9.50 I Dozer 23.63 9.50
Clamshell dredges:
Lever ope rator 24.1 0 9.50
Watch engineer; Deckmate 23.52 9.50
Barge mate 23.04 9.50
Bargehand; Deckhand; Fire person;
Oiler 22.43 9.50
NOTE: Premium pay of $2.75 per hour shall be paid on all work
within the boundaries of Camp Pendleton.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS:
GROUP 1: Barge, brake, compressor operator, ditch witch, with
seat or similar type equipment, elevator operator - inside,
engineer oiler, generator operator, generator, pump or compressor
plant operator, pump operator, signal, switch
GROUP 2: Concrete mixer operator - skip type, conveyor
operator, fire person, hydrostatic pump operator, oiler crusher
(asphalt or concrete plant), skiploader (when wheel type up to
3/4 yd. without attachment), soils field technician, tar pot
fire person, temporary heating plant operator, trenching machine
ope rat or
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GROUP 3: Equipment greaser (rack), Ford Ferguson (with dragtype
attachments), helicopter radio (ground), power concrete curing
machine operator, power concrete saw operator, power - driver
jumbo form setter operator, stationary pipe wrapping and cleaning
machine operator
GROUP 4: Asphalt plant fire person, backhoe operator (mini-max
or similar type), boring machine operator, box or mixer (asphalt
or concrete), chip spreading machine operator, concrete pump
operator (small portable), drilling machine operator, small auger
types (Texoma super economatic or similar types - Hughes 100 or
200 or similar types - drilling depth of 30' maximum), equipment
greaser (grease truck), guard rail post driver operator, highline
cableway signal, hydra-hammer-aero stomper, power sweeper
operator, roller operator (compacting), screed operator (asphalt
or concrete), trenching machine operator (up to 6 ft.)
GROUP 5: Equipment greaser (grease trucidmulti-shift)
GROUP 6: Asphalt plant engineer, batch plant operator, bit
sharpener, concrete joint machine operator (Canal and similar
type), concrete planer operator, deck engine operator, derrick
(oilfield type), drilling machine operator, bucket or auger types
(Catdwell 100 bucket or similar types - Watson 1000 auger or
similar types - Texoma 330, 500 or 600 auger or similar types -
drilling depth of 45' maximum), drilling machine operator
(including water wells), hydrographic seeder machine operator
(straw, pulp or seed), Jackson track maintainer, or similar type,
Kalamazoo switch tamper, or similar type, machine tool operator,
Maginnis internal full slab vibrator, mechanical berm, curb or
gutter (concrete or asphalt), mechanical finisher operator
(concrete, C I a r y -J o h n s o n - B i d we I1 or si mi I a r type), pave men t breaker operator (truck mounted), road oil mixing machine
operator, roller operator (asphalt or finish), rubber-tired
earth-moving equipment (single engine, up to and including 25
yds. struck), self-propelled tar pipelining machine operator,
skiploader operator (Crawler and wheel type, over 3/4 yd. and up
to and including 142 yds.), slip form pump operator (power
driven hydraulic lifting device for concrete forms), tractor ~
Gperator - bulldozer, tamper-scraper (single engine, up to 100
h.p. flywheel and similar types, up to and including D-5 and
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similar types), tugger hoist operator
GROUP 7: Asphalt or concrete spreading operator (tamping or
finishing), asphalt paving machine operator (Barber-Greene or
similar type), backhoe operator (up to and including 314 yd:),
small ford, Case or similar, cast-in-place pipe laying machine
operator, combination mixer and compressor operator (gunite
work), compactor operator (self-propelled), concrete mixer
operator (paving), crushing plant operator, drill doctor,
drilling machine operator, bucket or auger types (Caldwell 150
bucket or similar types - Watson 1500, 2000, 2500 auger or
similar types - Texoma 700, 800 auger or similar types - drilling
depth of 60' maximum), elevating grader operator, grade checker,
gradall operator, grouting machine operator, heavy-duty repair
person, Kalamazoo ballist regulator or similar type, Kolman belt
loader and similar type, Le Tourneau blob compactor or similar
type, loader operator (Athey, Euclid, Sierra and similar types),
pneumatic concrete placing machine operator (Hackley-Presswell or
similar type), pumpcrete operator, rotary drill operator
(excluding caisson type), rubber-tired earth-moving equipment
operator (single engine, Caterpillar, Euclid, Athey wagon and
similar types with any and all attachments over 25 yds. up to and
including 50 cu. yds. struck), rubber-tired earth-moving
equipment operator (multiple engine up to and including 25 yds.
struck), rubber-tired scraper operator (self-loading paddle wheel
type - John Deere, 1040 and similar single unit), self-propelled
curb and gutter machine operator, skipload' operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.),
su:face heaters and planer operator, tractor compressor drill
combination operator, tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper,
scraper and push tractor, single engine), tractor operator (boom
attachments), traveling pipe wrapping, cleaning and bending
machine operator, trenching machine operator
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I GROUP 8: Heavy-duty repair person (multi-shift)
GROUP 9: Drilling machine operator, bucket or auger types
(Caldwell 200 B bucket or similar types - Watson 3000 or 5000
auger or similar types - Texoma 900 auger or similar types -
drilling depth of 105' maximum), dual drum mixer, heavy-duty
repair-welder combination, monorail locomotive operator (diesel,
gas or electric), motor patrol - blade operator (single-engine), '.
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multiple-engine tractor operator (Euclid and similar type -
except Quad 9 cat.), rubber-tired earth-moving equipment operator
(single-engine, over 50 yds. struck), rubber-tired earth-moving
equipment operator (multiple-engine, Euclid, caterpillar and
similar over 25 yds. and up to 50 yds.), tower crane repair
person, tractor loader operator (Crawler and wheel type over 6-
1/2 yds.), Woods mixer operator (and similar Pugmill equipment)
GROUP 10: Heavy-duty repair-welder combination (multi-shift)
GROUP 11: Auto grader operator, automatic slip form operator,
drilling machine operator, bucket or auger types (Caldwell, auger
200 CA or similar types - Watson auger 6000 or similar types -
drilling depth of 175' maximum), hoe ram or similar with
compressor, mass excavator operator, mechanical finishing machine
operator, mobile form traveler operator, motor patrol operator
(multi-engine), pipe mobile machine operator, rubber-tired earth-
moving equipment operator (multiple-engine, Euclid, caterpillar
and similar type, over 50 cu. yds. struck), rubber-tired self-
loading scraper operator (paddle-wheel auger type self-loading -
two (2) or more units)
. GROUP 12: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system, (single-engine, up to
and including 25 yds. struck)
GROLlP 13: Canal liner operator, canal trimmer operator, remote-
control earth-moving equipment operator, wheel excavator operator
GROUP 14: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
caterpillar, Euclid, Athey wagon, and similar types with any and
all attachments over 25 yds. and up to and including 50 yds.
struck), rubber-tired earth-moving equipment operator, operating
equipment with push-pull system (multiple-engine - up to and
including 25 yds. struck)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single-engine, over 50
yds. struck), rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple-engine,
Euclid, caterpillar and similar, over 25 yds. and up to 50 yds.
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GROUP 16: Rubber-tired earth-moving equipment operator,
ope rating equip men t with pus h-pul I system (mu It i pl e-eng i ne ,
Euclid, caterpillar and similar, over 50 cu. yds. struck), tandem
tractor operator (operating crawler-type tractors in tandem -
Quad 9 and similar type)
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GROUP 17: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - single engine, up
to and including 25 yds. struck)
GROUP 18: Concrete pump operator, truck-mounted, rubber-tired
earth-rnoving equipment operator, operating in tandem (scrapers,
belly dumps and similar types in any combination, excluding
compaction units - single-engine, caterpillar, Euclid, Athey
wagon and similar types with any and all attachments over 25 yds.
and up to and including 50 cu. yds. struck), rubber-tired earth-
moving equipment operator, operating in tandem (scrapers, belly
dumps and similar types in any combination, excluding compaction
units - multiple-engine, up to and including 25 yds. struck)
GROUP 19: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - single-engine, over
50 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar types in
any combination, excluding compaction units - multiple-engine,
Euclid, caterpillar and similar type, over 50 cu. yds. struck)
GROUP 21 : Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single
engine, up to and including 25 yds. struck) I
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (single-
engine, caterpillar, Euclid, Athey wagon and similar types with
any and all attachments over 25 yds. and up to and including 50
yds. struck) , r u b b e r - t i red e art h -m ovi n g e q u i p m e n t ope ra to r, operating with the tandem push-pull system (multiple-engine, up I.
to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator;-
- operating equipment with the tandem push-pull system (single-
engine, over 50 yds. struck), rubber-tired earth-moving equipment
operator, operating equipment with the tandem push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds.
and up to 50 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system (multiple-
engine, Euclid, caterpillar and similar type, over 50 cu. yds.
struck)
POWER EQUIPMENT OPERATORS - CRANES, PILEDRIVING AND HOISTING
EQ U I PM E NT CLASS I F I CAT I 0 N S
GROUP 1: Engineer oiler, fork lift operator (under 5 tons
capacity)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator, Ross carrier operator
(j o bsi t e)
GROUP 4: Bridge-type unloader and turntable operator,
helicopter hoist operator
GROUP 5: Stinger crane (Austin-Western or similar type), tugger
hoist operator (1 drum)
GROUP 6: Bridge crane operator, Cretor crane operator, fork
lift operator (over 5 tons), hoist operator (Chicago boom and
similar type), lift mobile operator, lift slab machine operator
(Vagtborg and similar types), material hoist operator, shovel,
backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5
cu. yds. mrc), tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc), tower crane repair,
tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton capacity),
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craw;er transporter operator, derrick barge operator (up to and
including 25 ton capacity), hoist operator, stiff legs, Guy
derrick or similar type (up to and including 25 ton capacity),
shovel, backhoe, dragline, clamshell operator (over 7 cu. yds.
m rc)
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GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc), derrick barge operator (over 25 tons up to and
including 50 tons mrc), highline cableway operator, hoist
operator, stiff legs, Guy derrick or similar type (over 25 tons
up to and including 50 tons mrc), K-crane operator, polar crane
operator, tower crane operator
__
GROUP 10: Crane operator (over 150 ton and up to and including
100 tons rnrc), derrick barge operator (over 50 tons up to and
including 100 tons mrc), hoist operator, stiff legs, Guy derrick
or similar type (over 50 tons up to and including 100 tons mrc) I
GROUP 1 1: Crane operator (over 100 tons and up to and including
200 tons mrc), derrick barge operator (over 100 tons up to and
including 200 tons mrc), hoist operator, stiff legs, Guy derrick
or similar type (over 100 tons up to and including 200 tons mrc),
mobile tower crane operator (over 100 tons up to and including
200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300
tons mrc), derrick barge operator (over 200 tons up to and
including 300 tons mrc), hoist operator, stiff legs, Guy derrick
or similar type (over 200 tons, up to and including 300 tons
mrc), mobile tower crane operator (over 200 tons, up to and
including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons), derrick barge
operator (over 300 tons), helicopter pilot, hoist operator, stiff
legs, Guy derrick or similar type (over 300 tons), mobile tower
crane operator (over 300 tons)
I POWER EQUIPMENT OPERATORS -TUNNEL CLASSIFICATIONS:
GROUP I: Skiploader (wheel type up to 3/4 yd. without
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and including
attachment) I. I
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10 tons)
form pump operator (power-driven hydraulic lifting device for
concrete forms; Tugger hoist operator (1 drum); Tunnel locomotive
operator (over 10 and up to and including 30 tons)
Ford, Case or similar; Drill doctor; Grouting machine operator;
Heading shield operator; Heavy-duty repair person; Loader
operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track Uype);
Pneumatic concrete placing machine operator (Hackley-Presswell or
similar type); Pneumatic heading shield (tunnel); Pumpcrete gun
operator; Tractor compressor drill combination operator; Tugger
hoist operator (2 drum); Tunnel locomotive operator (over 30
tons)
GROUP 4: Bit sharper,er; Equipment greaser (grease truck); Slip
GROUP 5: Backhoe operator (up to and including 314 yd.); Small
GROUP 6: Heavy-duty repaidwelder combination
GROUP 7: Tunnel mole boring machine operator ................................................................
IRON001)l E 07/01/1993
Rates Fringes
IRONWORKERS:
Ornamental, reinforcing and
structural 20.88 11.62
Fence erector 19.99 11.62 ................................................................
lAB00003D 08/01/1987
Rates Fringes
PLASTERER TENDER 16.24 6.97 ................................................................
LAB00067C 02/01/1991
Rates Fringes
ASBESTOS REMOVAL LABORER 10.00 3.83
SCOPE OF WORK: includes site mobilization, initial site clean-up,
site preparation, removal of asbestos-containing material and
toxic waste (including lead abatement and any other toxic
materials), encapsulation, enclosure and disposal of asbestos-
containing materials and toxic waste (including lead abatement
and any other toxic materials) by hand or with equipment or
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machinery; scaffolding, fabrication of temporary wooden
barriers, and assembly of decontamination stations. -------------------------------------------------------------.
- LAB00089B 1 1 /01/1992
1.
Rates Fringes
BRICK TENDER 15.91 7.1 8
--------___-_-__--__-----------------------------------------,
LAB00089C 06/16/1993
Rates Fringes
LABORERS:
GROLJP 1 17.32 7.1 8
GROUP 2 17.62 7.1 8
GROUP 3 17.82 7.1 8
Rebound 17.32 7.1 8
Gun 17.62 7.1 8
Gun & nozzle 17.82 7.1 8
GROUP 1 17.62 7.18
GROUP 2 17.82 7.1 8
GROUP 3 18.07 7.18
MAiNTENANCE WORK:
GLJNITE LABORERS:
TUNNEL LABORERS: J
FINAL CLEAN-UP AND LANDSCAPE
GROUP 1 8.66 5.i~
LAB 0 R E R CLASS 1 FI CAT ION S :
GROUP I : Laborer (general construction); Asphalt ironer -
spreader; Boring machine tender; Carpenter tender; Caulker;
Cesspool digger and installer; Chucktender (except tunnels);
Concrete curer (impervious membrane and form oiler); Concrete
water curing (excluding use of water trucks); Cutting torch
ope rat or (demolition); D ri I I e r's tende r (caisson) including
bellowers; Dri-pak-it machine, concrete cutting torch; Dry
packing of concrete, plugging, filling of shee bolt holes; Fence
erector; Fine grader on highways, streets and airport paving
(sewer and drainage lines when employed); Flag person; Form
blower; Gas and oil pipeline laborer; Guinea chaser; Housemover;
Jet; Landscape gardener and nursery; Packing rod steel and pans;
Pipelayer's backup (coating, grouting, making of joints, sealing, L
/5
caulking, diapering and including rubber gasket joints, pointing
and any and all other service railroad work); Laborer; Rigging
and signaling; Riprap stonepaver; Sandblaster (pot tender);
Scaler; Septic tank digger and installer (lead); Tank scaler and
cleaner; Tool shed checker; Window cleaner -
GROUP 2: Buggymobile; Cement dumper (on I yd. or larger
mixers and handling bulk cement); Concrete saw (excluding tractor
type), roto-scraper, chipping hammer, concrete core cutter, concrete grinder and sander; Cribber - shorer, lagging and trench
bracing, hand-guided lagging hammer; Driller - all power drills,
including jackhammer, whether Core, Diamond, Wagon, Track,
multiple unit, and all types of mechanical drills without regard
to the form of motive power; Driller (all other where drilling is
for use of explosives); Gas and oil pipeline wrapper (pot tender
and form); Gas and oil pipeline wrapper (6-inch pipe and over);
Operator and tender of pneumatic) gas and electric tools,
concrete pumps, vibrating machines, multi-plate impact wrench and
similar mechanical tools not separately classified herein;
Pipelayer (excludes all pressurized and vacuum piping)
(performing all services outside the building line in the laying
and installation of pipe from the point of receiving pipe until
completion of the operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic conduit
and any other stationary type of tubular device used for the
conveying of any substance or element, whether water, sewage,
sD!id, gas,. air or other products whatsoever and without regard
to the nature of material from which the tubular material is
fabricated); Powder blasters' tender; Prefabricated manhole
installer; Rock slinger; Sandblaster) waterblaster & nozzle
operator); Scaler (using bos'n chair, safety belt); Steel
headerboard; Tree climber, using mechanical tools; Welding in
connection with laborer's work
GROUP 3: Asphalt raker; Layton box spreader (or similar type)
TUNNEL LABORERS:
GROUP 1 : Bull gang, mucker, track: Chucktender, cabletender;
Concrete crew (includes rodder and spreader); Dump; Grout crew;
Tender for steel form raisers and setters; Mucker - tunnel (hand
or machine); Nipper; Swamper (brake and switch on tunnel work);
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Vibrator, jackhammer, pneumatic tools (except driller) multi-
plate impact wrench
GROUP 2: Blaster, driller, powder; Cherry picker; Grout
gun; Kemper and other pneumatic concrete placer operator; Miner
in short dry tunnels under streets, highways and similar places; Miner - tunnel (hand or machine); Powder (tunnel work); Steel
form raiser and setter; Timber, retimber wood or steel
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GROUP 3: Powder - primer house (licensed) on tunnel work;
Shaft and raise miner; Shifter; Blaster (licensed) all work of
loading holes, placing & blasting all powder & explosives of
whatever type regardless of method used for such loading and 1 placing
FINAL CLEAN-UP AND LANDSCAPE MAINTENANCE WORK:
GROUP I:
FINAL CLEAN-UP: Final clean-up work includes that work
performed after all new construction work on a unit of the
project is completed, including but not limited to: window
washing, inside and out, sweeping and cleaning all floors,
fixture clean-up, cleaning of all appliances, scraping and
excluding any floor sanding
LANDSCAPE MAINTENANCE: work in existing or newly landscaped
projects, such as watering, weeding or mowing and edging,
prl;ning, fertilizing. Replacing or repairing of existing
installations (including the repair and replacing of electrical
and water systems, sweeping, repainting and restriping --------___----__--_------------------------------------------
1 PAlN0048B 01/01/1991
Rates Fringes
Brush 20.70 5.94
PAINTERS:
Brush, swing stage; Spray 20.95 5.94
Paperhanger; Spray, swing stage 21.20 5.94
Sandblaster; Iron, steel & bridge
(ground work); Iron, steel &
bridge - spray (ground); Rigger,
climbing steel; Brush, climbing
'.
steel & bridge 21.45 5.94
Sandblaster, swing stage; Iron,
steel & bridge (swing stage);
iron, steel & bridge (swing
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stage, spray) 21.70 5.94
Steeplejack 22.45 5.94
Drywall finisher 21.1 8 5.94
................................................................
PAIN1 176D 04/01/1993 Rates Fringes
PARKING LOT STRlPlNG AND/OR
HIGH WAY MARK1 NG:
GROUP 1 19.93 5.67
GROUP 2 18.93 5.67
GROUP 3 16.94 5.67
GROUP 4 19.93 5.67
Service person (maintenance
and repair of equipment)
(on jobsite only) 11.96 5.25
Sealer/mixer 14.89 3.66
Slurry seal work:
Applicator operator, shuttle
and squeegee person 13.1 8 3.66
Traffic surface protective
coating applicator 15.51 3.66
8.1 9 3.66 - i raffic control person
PARKING LOT STRIPING AND/OR HIGHWAY MARKING CLASSIFICATIONS:
GRC)UP 1: STRIPER: Layout and application of painted traffic
stripes and marking; hot thermo plastic; tape traffic stripes and
marking
GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: layout and
appiication of pavement markers, delineating signs, rumble and
traffic bars, adhesives, guide markers, other traffic Delineating
devices; includes all related surface preparation (sandblasting,
waterblasting, grinding) as part of the application process .
GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: removal of traffic
lines and markings; preparation of surface for coatings and
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GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER:
- removes, relocates, installs permanently affixed roadside and
parking delineation barricades, fencing, guard rail, cable
anchor, retaining walls, reference signs and monument markers
1.
--__---_____*________________c__________---------------------~
PAIN1 399A 09/01/1993
Rates Fringes
GLAZIER 22.89 7.05
-------_____________-------------~---------------------------,
PAIN171 1B 10/13/1991
Rates Fringes SOFT FLOOR LAYER ' 16.95 5.44 ----_-____--_---____------------------------------------------
PLAS0346A 05/01/1991
Rates Fringes
PLASTERER:
Work on single family homes
and apartments up to and
including 3 stories 15.42 5.29
All other work 18.42 5.29 --__-_-------___----_________c__________---------------------.
PLAS0744A 12/13/1993
Rates Fringes
Work meeting any of the following criteria:
CEMENT MASON:
1) a residential wood frame project of any size;
2) work classified as Type III, Type IV or Type V
3) interior tenant improvement work, regardless of the size
4) any wood frame project of 4 stories or less
All other building construction 19.00 4.80
Heavy and highway construction 21.33 5.05
construction;
of the project; and
17.41 4.80
---_*-___----------_------------------------------------------
PLUM0016F 07/01/1993
b
Rates Fringes
PLUMBER; PIPEFITTER; STEAMFITTER;
Camp Pendleton 30.06
Remainder of County 27.96
AIR CONDITION; REFRIGERATION:
7.54
7.54 -
LANDSCAPEX IRRIGATION WORK:
J ourneyperson 21.43 7.1 6
Tradesperson 8.28 2.60
SCOPE OF WORK
LANDSCAPE & IRRIGATION TRADESPERSON:
Duties limited to: digging and/or backfilling with the
exception of motorized equipment; clean-up and sweeping; pipe
wrapping and waterproofing where tar or similar materials is
applied for protection; operation of vibrating machines; coating
and grouting of all pipe joints, holes or chases allied to the
piping ................................................................
ROOF0045B 01/01/1991
Rates Fringes
ROOFER 18.70 3.38 ................................................................
SFCA0669A 01/01/1994
Rates Fringes
SPRINKLER FITTER 27.00 6.73 ................................................................
* SHEE0206A 09/01/1993
Rates Fringes
SHEtr MtrAL WORKER:
Camp Pendleton 23.45 8.60
Remainder of County 21.45 8.60 ................................................................
TEAM0036A 12/15/1993
Rates Fringes
GROUP I: 8.81 8.28
GROUP 1-A: 18.10 8.28
GROUP 2: 18.40 8.28
TRUCK DRIVERS:
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GROUP 3: 18.60 8.28
GROUP 4: 18.80 8.28
GROUP 5: 19.00 8.28
GROUP 6: 19.50 8.28
GROUP 7: 21 .oo 8.28
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Kx>TNOTE:
Where hazmat certification of Level C and above is required,
the employee will receive $1.00 per hour above the rate of their
classification.
TRUCK DRIVER CLASSIFICATIONS:
I GROUP 1 : Fuelperson (fueler without trucks), delivery by pickup
GROUP 1-A: Traffic control - pickup
GROUP 2: Two axle dump; Two axle flatbed; Bunker; Concrete
pumping; Industrial lift; Forklift, under 15,000 Ibs.
GROUP 3: Three axle dump; Three axle flatbed; Two axle water
truck; Erosion control nozzle; Dumpcrete, less than 6 1/2 yds.;
Forklift 15,000 Ibs. and over; Prell; Pipeline working truck
driver; Road oil spreader; Cement distributor or slurry driver; I Boot; Ross Carrier
GROUP 4: Off-road dump, under 35 tons; Four axle but less than
seven axle; Lowbed and trailer; Transit mix, under 8 yds.; Three
axle water trucks; Erosion control; Grout mixer; Dumpcrete, 6 112
yds. and over; Dumpster; DW lo's, ~O'S, etc.; Fuel truck and
dynamite; Truck greaser; Winch, two axle
GROUP 5: Off-road dump, 35 tons and over; Seven axles or more;
Transit mix, 8 yds. and over; A-frame or Swedish crane; Tire
worker; Winch truck, three axle or more
GROUP 6: Off-road special equipment (including but not limited
to water pull tankers, Athey wagons, DJB, B70 Euclids or like
equipment)
GROUP 7: Repair person .............................................................. c
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WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
-----------_---------I-------------1---- _---------I_------I______I_________I___------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(l)(v)).
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates.
indicate unions whose rates have been determined to be
prevailing.
_______-___-_-__------------------------------------------------
Other designations
END OF GENERAL DECISION
97
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General Decision Number CA940003
Superseded General Decision No, CA930003
1.
1 State: California
Construction Type:
Water Well Drilling
County (ies) :
STATEWIDE
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WATER WELL DRILLING
Modification Number Publication Date
0 02/11/1994
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CA940003 - 1 02/11/3 --
COUNTY (ies) :
STATEWIDE
SUCA5004A 02/08/1990 Rates Fringes
DRILLER: Alarneda 10.00 -36
Alpine 9.60
Amador 9.60
Butte 7.00
Calaveras 7.50 Colusa 11.07 2.03
Contra Costa 9.50 Del Norte 8.00 .31
El Dorado 9.60 Fresno 13.37 1.45
Glenn 7.00
Hunboldt 8.00 .31
Imperial 8.70 .36
Inyo 7.29 1.13
Xern 7.05 .06
Lake 11.07 2.03 Iassen 5.50 .43
TLos Angeles 9.65 Madera 7.50 .72 Marin 11.07 2.03
Mendocino 11.07 2.03
Merced ' 7.00 .13
Modoc 10.50
Mono 10.00
Konterey 12.50
Napa 8.00 .81 Nevada 7.00 .13 Orange 11.00 1.48
Placer 9.60
Plunas 10.00
Riverside 7.00 .36
Sacramento 10.00
San Benito 8.39 2.65
San Bernardino 10.20 .37 San Diego 8.18
San Francisco 10.00
San Joaquin 7.00 .13
San Luis Obispo 6.85 1.02
Kings 7.03 1.21
Kariposa 7.50 .72
San Mateo 10.00 .81
Santa Barbara 7.98
Santa Clara 8.39 2.65
Santa Cruz 8.39 2.65
Shasta 6.95
Sierra 7.00 .13
CA940003 - 2 02/ 11/ 1994
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Siskiyou 8.00 .3:
Solano 9.15 Sonoma 10.07 1.7( Stanislaus 7.00 . 1:
Sutter 7.00
Tehama 10.00
6.95 Trinity Tulare 7.29 1.1: Tuolumne 7.50 . 7;
Ventura 11.00 1.41
YO10 10.36 1.6!
Yuba 7.00 . 1:
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PWAP INSTALLER: Alameda 7.50
Alpine Amador Colusa 10.57 2.0
Contra Costa 7.50
El Dorado 8.00 Fresno 6.38 1.0
Imperial 8.50 Kern 5.50 .4
Lake 10.57 2.0
.5 Los Angeles 9.76 Mad er a 7.50 .7 Marin 10.57 2.0
Mariposa 7.50 .7
Mendocino 10.57 2.0
Konterey 12.50 Napa 13.00 .8
8.00
8.00
8.00
Placer Plumas 10.36 1.6
Riversid.5 6.50 -3
Sacramento 9.43 .a
San Bernardino 10.30 .7
San Diego 7.85
San Benito 8.39 2.6
San Joaquin 11.39 3.8
San Luis obispo 6.58
San Mateo 10.36 1.6
Santa Barbara 7.57
Santa Clara 8.39 2.6
Santa Cruz 8.39 2.6
. Shasta 9.63 1.3
Sonoma 10.57 2.0
Tehama 10.36 1.6
Trinity 9.63 1.3
Tuolumne 7.50 .7
Ventura 11.00 1.4 ---------------------------------------------------------
L'nlisted classifications needed for work not ificluded Wit
scope of the classifications listed may be added after ab
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CAQA0003 - 3 02/11
as provided in the labor standards contract clauses (29 CFR
5.5(a) l(ii)). -
END OF GENERAL DECISION
CA940003 - 4 ZL 02/11/1994
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General Decision Number CA940006
Superseded General Decision No. CA930006
1.
I State: California
Construction Type:
HOPPER DREDGE
County (ies) : STATEWIDE
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HOPPER DREDGE CONSTRUCTION PROJECTS
Eodification Nuxber Publication Date
0 02/11/1994
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II CA940006 - 1 z7 02/11/1
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COUNTY ( ies) :
STATEWIDE
SUCASOOSB 09/01/1991 Rates Fringes
SELF-PROPELLED HOPPER DREDGE:
Drag tender 8.78 4.23
F OOT?J OTE : Nine paid holidays: New Yearfs Day, Washington's Birthday,
Menorial Day, Independence Day, Labor Day, Paul Hall's EirLhd
(Aug. 20th), Veterans Day, Thanksgiving Day and Christmas Day ..............................................................
Unlisted classifications needed for work not included within t scope of the classifications listed may be added after award o
as provided in the labor standards contract clauses (29 CFR
5.5(a) l(ii)).
END OF GENERAL DECISION
CA940006 - 2 28 02/11/1994
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DEPARTMENT OF THE, ARMY
PER MI T
APPENDIX P
Lr-fca*~.Y 1' . qoq foYh.4 c*- u\34? --&: - .. .. ..: . * * /e::!' ,,?Fe:j Z.%s /. -2, '
't :, '. t..'
& - ?-- 9' -- -.
. *- . -f I- e$,*+ &' 1 :*. .-
;kFN !?$i : .'J
4
+=Q &@ +b+' 0 L %* i . I? . .*=.8".-.d 2&:.i5T;.zi @ p39
LOS ANGELES DISTRI~T.~~I..~~.....;.~ - ::;;$
h ---e. . c .... 0;-
. !<. crr C'
$-. u.:ts:4 1 -3 0% 44 . .' -. .. .* ," v-&, A. '*,"'>.
U.S. ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY PERMIT
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errr,ittee :
5ty of carlsbad
?emit Nll;sSer: .
)ssning Office:
<a Lcs h9eles District
Ictf:: The te~- fryoun ar.2 its Cerivztives, 2s usee in this penit, LE! fne peiittEe or any future trznsferee. ?he tern,"this office" refer the appro2riate district'or division office of -&e Corps of Enqineers ?zv:ing jurisdicticn over the ?emitted activity or the eppropiate
-DU are zuthorlzed to perform work in zccordiince with the terns end cont?itions specified. below.
b- 70: j ect Description: To en.?.?ance Bztiquitos Lzgoon through restorntic
tld21 flushing to the lagoon systen, while not adversely affecting existing wildlife habitat and vegetation resources, as disclosed in t I Tina1 Environnentzl Iflpact Report/Statement dzted Jme 1990-
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(/off:!cial a+ rg A un2er the ecthority of the coczznding officer.
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2ZOjeCt Location: In the city of Carlsbad, northern Szn DieqO COlint]
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5rri.t Ccneitions . .. .
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dt Conditions
neral Conditions:
1. The tine limic for completing the authorized activity ends on 2pril 16, l995. If you find that you need more tine to complete the
authorized activity, subnit your request for e time extension to this office for consideration zt least one month before the above date is reached. ..
2. You nust caintain the activity authorized by this pernit in good
condition ant! in confornance with the terns and conditions of'this permit. You are not relieved of this requirement if you abandon the
pernltted activity, although you may make a good fzith trensfer to E tfiikd party in cor,pliance with General Condition 2 below. Should you
Wish to cease to naintain *the authorized activity or should y.ou desk6 eSar,don It without a good fzith transfer, you nust obtzin a nosificat:
frorn this perr.lit from this office, which nay require restoretion of t!
2rea.
3. remins while accomplishing the dctivity authorized by this permit, yc rncst inmediately notify this office of whzt you have focnd. lnitizte the Fezera1 and state coordination required'to deternine if.
remains xarrmt a recovery effort or if the site is elisible for list in the National Register of Kistoric ?laces.
If you sell the pxc2erty zssociated with this per,it, you LUS~ ob,
t3e sitpatre of the new owner in the s_=zce provided and fon-ard a CO:
of the perrit to ~kis office to validate the trzlnsfer of this authorization.
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project,
cerzificzticn as specicl conditions to this pernit.
convenience, a copy 02 the ce,eificztion is.atteched lf 1% cDntains 6 cmditions.
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au'&orized activity at any the deemed nccesszry to ensure that it is being or has been accowlished with the terns and conditions of your
pe,nit.
Specizl Contlitions: See ettnched sheet.
9xrther Znfom,ation:
1- Congressionzl Authorities: You have been authorized to undertake -activity described above pursuant to:
Section 10 of the Rivers and €?arbors Act of 1399 (33 U.S.C.
12 ycu Gisccver any previously unknown historic or zrcheological
We will
.
12.2 ccn2itioned water qzality ce-rtificztion hzs been issued for
yox rust conply with the ccnditions specified in,the For your
You mst allow representatives fron this office to inspect the,
(x) 403).
(x) Section 404 of the Clezfi KCter Act (33 U.S.C. L.344) -
{ 1 Section 103 of the Marine Protection, Research ana Sancti Act of 1972 (33 U-S-C. 1413').
2-- Limits of this authorization.
a.
state, or local authorizations required by law-
b- prfvlleses.
C. rights of others.
proposed Federal project:
This permit does not obviate the need to obtain other Fedt
This pernit does not grant any.property rights or exclusil
This permit does not authorize any injury to the property
This pernit does not authorize interference with any exis
i 3- Limits of Federzl Lizbfllty. In issuing this pernit, the Fe6.e C:overnizent does not assuce any liability for the following:
a. Dmzges to the pemdtted project or uses thereof as a res other permitted or unpemitted activities or fro3 natural *. cau
b- Dinages to the pemitted project or uses thereof as a res ca-rent or future cctivities unciertaken by or behalf of the U
States in tbe public interest.
c.. Dazages to persons, property, or to other perzitted or cnperzitted ectivities or skctures czused by the activity
ruthorized by this permit.
6. Cesign or construction deficiencies associated with the
Dazge claics essocieted with my future noeificztion,
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suspension, or revocation of this pe,Tnit. .. ! 4.. 3&nce on kpplicrnt;s Data: The deteraination of this offic .issuznce of this pernit is not contrary to the public interest WBC in reliance on the info-ation you prcvlded. I :5- ?ieevaiuetion'af 'Penit Decision. This office nay reevaluate j decision on khis pernit at my tins +de circunstances warrant. Circ-mstances thet could require-a reevaluation include, but are f I .lhited to, the following:
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g- You fail to coxply with the terrs end conditions of this
5. me infomaticn proviaee by you in support of your pernit
Zpplicztion proves to have Seen fzlse, incomplete, or inaCCK2
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(See 4 zbove). - '.1 B 3
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. onsider in reaching the original public interest decision. significant new inforxtion surfaces which this office did not
s~cfi a reevaluation may result in a detemination that it is appropriat
to use the suspension, nodification, and revocation procedures containe in 33 CFR 325.7 or enforcenent procedures such as those contained in 33 cFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of En administrative order requiring you to comply with th terns and conditions of your permit and for the initiation of legal action where a'ppropriate. You will be required to pay for any correctl zeasure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specifi in 33 CFR 209.170) acconplish the corrective nezsures by contract or o+,fierwise and bill'you for the cost. *
6- Extensions. Generel condition 1 establishes a time lhit for the cwpletion of the zctivity authorized by this permit. circuxtznces requiring either E pronpt completion of the authorized 2ctivity or a reevzluation of t?.e public interest decision, the Corps will no,rr;ally give you fzvorzble consi6eration to a request for an exzension of this tine limit.
You signzture below, BS permittee, indicates thzt you zccept 2nd agree
cocply ul'h the tens 2nd con6itlons of this penit,
Unless there ZTE
LE-7- 72- I\- &
{DATE)
AIL !L
[ 3Z:-X!!Z TTE E )
ibis pe-m,it becozies effective when the Federal officizl, desi5nateci to
act for the Secretary of the ~zy, t.,zs siqneci below.
LC* of LMkb-! y
Ctb-4Jc;f7 aeu. Dl I;t
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@!( //?/ l,$it/ ;h d; l&b &d /6 ~ ?2-
maus s. TdOYS
Colonel, Corps of Engineers District Eqineer
(DATE)' cpy. fc&-J+,w)
men the structures or work authorized by this penit 2re still in existence at the tine the property is transferred, tfie terns 2nd
ConditbnS Of %!is perzlit will continue to be binding on the new oc;nel
oi-the PrDPrty. . TO Vzli2zte the transfer of this pe3,it 2nd the
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ated liabilities associated with compliance with its terns ax nditlons, haye Me transferee sign and date below. I
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SPECIAL CONDITIONS
PERMIT NO. '88-217-EW --
I. The permittee shall implenent the mitigeted Alternative tlB't project described in the Final Environmental Impact Report/Statenent : (148 acres of subtidal area, (below -1.6 MLLW), 144 acres of interti& zla'ts, ('between -1.6 and 3.9 it. MLLW), 98 zcres of low carsh, (betwet -3.9 and 5.4 Zt MLLW), 72 acres of high rsarsh, (between 5.4 and 7.0 ft,
YnW), 38 acres of sand'flzts, 'and 94 acres 02 woodltnd, and other .
transitionel areas). The pennittee shzll incorporzte, into the final design specificaTions, a construction schedule.that adlberes to the
environmental constraints as specified in the example construction schedule in the 'i'inal Environmental.1mpact Report/Statenent, essecial:
re9;zrding preparation of the Czlifornla lezst tern nesting 2nd foragii zrea nodificztions. The pernittee shall adhere to Lle further procedl
-for ap3,roval of final design and hplenentztlon identified in the
Xcvenber 1967. six-agency interzgency agreenent for the project-
leest two weeks prior to the initiztion of xaintenmce dredging
2. Tfiet the pernittee shall edvise this office, in writing, at
-~ctivities uzer the zuthcrity of this pernit.
3. That the pernittee shall notify the Comender (om) Eleventh coast Guarci District, Union Bank Building, 400-Ocean Gzte, Long Beach 'Zalifornia S0822, (213) 499-5410 at lezst two weeks prior to stzrt<of ~ctivity 2nd 30 days if buoys ere to be plzce8, 2nd that the pernitta(
shZ11 edvise the Aids to h'avisaticn arznch of any hazzrd to nzvigatio:
SO t%at a?FrC?riate infomation can be pcblished in Lhe Local Notice ' Xariners, The notificztion shall include the following infomation:
Tke iocetion 0: the work site; (5) The size end Type of equipEent tha'
Xi11 be perforzling -the uork; (c) lime an6 radio call signs for workin1
i.esSel, - if ep21icz:ble ; (6) Telephone n&iher for on-site contect with croject errsineers; (e) The schedule for cozplrting L\e project. A CO:
Of the post survey Cravings shall be sent to the National Ocean Semi Zor chart xpkiting to the following address: 3irector; Charting end
Geodetic Services; ATTEhTION: H1CG2.2; NEtional Ocezn Service, ROm; Xockville Xz-zyland 20852-3806.
That 2 ninkvn of twenty acres of California least tern nest sites shall be constructed and available for nesting between April 1
Septder 15 unless relezsed earlier by the Czlifornia Depar+aent of
and &ne (CDFG). These sites shall. include one or both of t!!e propos
West EESh sites End the park 2nd ride site. Least tern nesting site =CY 3x relinquished for other tenporary constmction-related uses pri to SePteher 15 if nesting activity has cezsed and upon ccncurrsnce 0
CSG and +&.e U.S. Fish and Rildlife Service (uSFWS). These sites sha be prepared and available again prior to the next nesting se.zson.,
That during the construction period, en area of the lzgoon Z leest W'LZl to the Kest and Central Basins shall be ZvaFlzSle/suitzb1
2.s dete-rmirred by CD?G 2nd US4FhTs, for foreging by the lezst Tern betwe
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oil 1 and Septcnber 15. Foraging area may be rulinquished for otk
.elmporary construction-ralatad usaa prior to septer&er 15 if nestin5
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xitlVLXty has ceaged and upon concurrence of CDFG and USFWS. Bruach! I the lagoon, or some other acceptable means of introducing ocean watc the foraging area, shall be carried out prior to each nesting seas01
Thbt no pile driving associated with bridge construction 03 upgrades shall be allowed during the leest tern nesting Season (Apr: to Sesterber *IS). Pile driving nay be allowed prior to Septenber l!
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nesting'zctivity has ceased and' upon concurrence of CDFG and USFWS.
7. That least tern sites shzll be constructed in a nanner to f
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moper dewatering so that subsidence and surface cracking does not < I- and so that the site can withstand loads of maintenance vehicles.
8. That lezst tern sites shall be constructed to zllow.vehicu: u access for rizintenance purposes except for the southern East Basin !
Thzt the least tern sites constructed shall. be flat, surfac B Ulth light colored sand, with side slopes of lO:l, and nust be CleZi vegetation, as .required by CDFG and USFWS, by the pernittee prior tc nesting seiscn during +he construction period.
That eat\ Cclifcrnia leest tern site shall be Zenced per 1
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That the pernittee shzll provide a qualizieci CelifOrnh it (e
tern biologist, scceptable to %!e CDFG 2nd USFWS and approved by a( Corps, to ronitor and nanage least tern nesting during the construcl
perha. The least tern biologist shall coordinate with the construc
nznEgesent/~ltig~tion rncrnitoring tea azd shzll:..
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I 2. Eonitor nesting; ami fledgling success of snowy plover end lees. in Batiqtiitcs Lagoon. I b- ProvLde ~ln ecucationzi program for construction workers as to 5 identity of the least tern 2nd their nests, wd restricted areas an( activities, actions to be taken if least terns era found nesting OU'
fhe designzted least tern nesting sites, and trash control.
c- frovide for predator control as required prior to 2nd during thc
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mat if least terns nests are found outside the ciesignatec nesting sites, all work in the imediate area shall be halted, and '
1f.est tern biologist shall be notified inmediately. An appropriate bc.ffering distance and protection shall be specified by the least tc I
biologist in coordinetion with the CDFG and USFWS.
Th~t constriction activities in the eastern and of the Ea.
2~~3.11 shall ~ot occur with,in 100 feet cf pickleveed areas during thi 1
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~'hicb shall be isolated and accessed by foot or boat.
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P-ldingls savannah sparroir nesting pcriad of Xarch 15. through Aupst 1
That water levels in the East .Bzsin &ring Beldingts savanna
sparrow nesting season shall not exceed +6 feet MLLW.
T<at areas of existing vegetated wetlands shall be avoided t
the greatest extant possible during construction, and shall not exceed disturbnnce of nore than 10 acres.
construction shall, to the greatest extent possible, be saved and/or reestablished at the site of disturbance or at another suitable locztj 3.n the lagoon, 2s described in the Draft Eevegetation Plan, dated
Sebryary 27, 1991 developed by Dr. Michzel Josselyn. The pernittee st
provide a finalized Revegetation Plan, acceptable to CDFG, USFWS, MFS
E?A ad approved by thc Corps.
Thaf the Fernittee shzll implelnent 2 pilot plznting of eelg 23.d cordgrass as descr3ed in the Draft Revegetation Plan, 2ated Febr.
27, 1991 developed by Dr. Xichael Jcsselyn. The pernittee shall provi
s, finalized Revegetation Plan, acceptable to CDFG, USFWS, WFS, EPA, z z2proved by Lle Corps.
18. .Thlt designztfon oi Linal access routes shall be included.ir
'in21 design drawings and nust be zpproved by EPX, CDFG, USEWS' cnd h?.T!
19, Tkt +here shall be no incident21 Tzke of "de Czliforniz le: tern (adults, chicks, or eggs) or Czlifornia brown peliczn. The pernittee shall imediately ceese 211 work znd,neke notification, 2s
specified Selaw, if zny incidentzl Take cf these Federzlly listed endangered species occxrs. The pernittee shall ,bediately repo-rt by telspkorie to *&e Goes of Engineers Requlatcry Eranch (213) .894-5606 i
the U.S. Fish znd Wildlife Service (714) 643-4270 if IncidentEl'TEke occurs.- The pernittee shall prepare a written report, to be suhitter
=he Coqs cnd Service, which shall incluee the dete, iocztions, and
CirCrnstznCes surrounding the tzking 'and the dispositions of *he ihdiVi2uals taken.. An sfidangered species injured or killed 2s.a resu:
of the pemitted activity shall be retzievod for scientiiic puqoses i reh&ilitation,. and shall be -turned over to Lhe CDFG.
xanitaring program at Batiquitos Lagoon. The pornittee nay contract 1
these responsibilities, or upon approval of the corps, nay assign the responsibility in order to.optiziize the monitoring plan. Monitoring '
not be used to reevaluate the BEP for Batiquitos Lagoon or to recalcu
hzbitat credits differently from those detemined through the tidal xonitoring stuc?y to be carried out following project construction. .- A
~EX= of the nonitoring program:
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CDFG, USFXS, XXFS and ZPA prior to completion of project constcZctioR
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ASS specified otherwise by CDFG.
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- 16. That pickleweed to be disturbed or to be lost during
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20. That the 'pernittee shall +conduct a long tern .biological .
me penittee shall hcve E zlonitoring plan approved by the Corps,
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invertebrates, and vegetation. The response of the organisms shall evaluated In terms of regional es well as local factors. Where poi I the overall monitoring plan shall be sufficiently flexible to incoi
collected data and unusual events into each successive year's spec, zonitoring schedule. The nonitoring reports shall be provided to * I Zlistrict Engineer, CDFG, USF).?S, mFS, and EFA.
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CDFG in developing the monitoring plan.
That the pernittee shall aeoid impects to all previously idextifie6 zrcheologlcal sites.
Chat the Feznittee shall provice a qualified zrcheologis r:eeting the Secretary of the Interior's Professionzl Qualification Stznezrds (48 FR $4738-9), to Eonitor the project, to include 6red I ;)lacenent of iiredged naterizl, canstruction of staging areas and a o&ther activities associcted t;it> the project. The archeologist sh erpwered to halt an6 redirect zctivities in coordinztion with constructlcn ~znar;-enent personae1 to avoid ix?Ects to cll archeolc sites
The: in the event tkzt a previously undiscovered archeol -4:eposit is found, ail construction activities in the izzediate ZZE:
A..e Corps shall be notified iraediately so that 2ppZopriate
avoidznce, presenztion, or -nitigation seEsures cEn be developed E bplenented in zcccrdznce with 36 CFR EjOO.11.
Thzt within 90 days after the issuance of the pelkdt! 3 perzittee shll proviee to the Corps, a letter fror the quzlifred
archeclo5ist retained to Inplezent the ruonitoring pragran. This 3 shzll outline their plan to ixplerent aonftorinc. Their professic qzlificztion shall also be outlined in L!is letter.
cutlining the results of the archeologiczl nonitoring ~~ogrera.
The perzittee shall consult with the Corps, USFIU'S, €PA, M?FS,
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1 25. That a rnonthly letter report shall be prsvided to the CC
TI - report shzll ccrnence upon initiztion of the cons:ruction activit
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1 3. ex eczao6 imJENT OF PARKS AND RECREATION
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MEMElRANDUM
loa Lisa *% ales
\ntli, trtnrp~rtrtfon rnd Hourinj P;QHLLY
Data: 25 Oct. 3989
File: Batiquita~ Port of Los AngeZe
425'South Palas Verdes Street
San Pedro, CA 9073';-0151 Lagoon Bridges
From: DEPARTflENT OF TRANSPORTATIDN - District 11
Subjertr
Dear Ms. Fales,
The statewide Caltrans historic bridge inventory was completed in
t?arch 1597. The study evaluated the histnricai signiiicance of
all bridges in the state, including state, county and local
jurirdicti on structures,
Enclased is page 238 frDm this invantory which lists the bri'dges
at Batiquitos Lagoon (structure numbers 57-459L b 57-459R).
Under the historical significance column these bridges have
received a rating of '15a*. The "5" rating means these bridges
have Seen found nct to p~ss;es;s the qualities uhich would qualify
*hem .For inclusion on the National Register Df Historic Places.
Significance of Patiquitos Lagoon Bridges
- When we prepare a document for a project requiring a bridGe
evaluation, we have befn toid to -,imply reSer to the Caltrans
f-tistDric bridge inventory, and tm include as an attachment the
PagE from the inventory which lists the subj,~,ct..b.r.idge.Cs1
Cansequently, I believe the attach~.~_l:~,~g~5hoL1d suf4i.ce to dorxrnent the non-signi-firance
strixtures.
....._- I -.
..Batiqui tus ' Lagcon'. .-.+.:.. i: <*:. ............
.-I.-.- c -- .-. ,*'a!+ tlc','c L ______.._.... .....
E or cqmerjtr_regarding , ? .t,. thc historic
osed inif:o+at*.idn, ,please .$D .... 'not
19) 6S:~~E~1~.~L .. Thank you.:
. ., .- .-
Of tY- ; ,-.;+;.z, ;;'.'*l ' :
pi!y '- . __.. ---- . ..._... c --.* .... =: . s .... , , k-2: All ('I , +.,.-.r..--,r;.* ..*
L-,,r~b%, ': :?.' :.i .
-e,, -. cy-..:; ., -. F.' .:. --. * .-e- . . t
I >,..I-.:. .:
...
... .... I. ' ........... ..-- .. _. . -.-... . -- ,C. a .....
I. .;..... Di stri ct Archaeol ogi st .:--- .
EnVir33mental Analysi 5 Branch alp11
-. ........ ...... ~&,x:2~r -.
K::f~~ite/Envir3.~€c~~l Fj les - &:~h;~:l::y FiI e5
.....
ccr: t?.Lcp".% ' Q OLA B+-+P,&+s~~ O& L-fiGp 1 POLA y--cllcs,c+)d.~~
c. I--*.- - -_ - /-
I mzrles H. )iolt
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22 h~s"coric prcperkies (36 CFX SOO.S[c]);
3) i=?l,lr=ieztation of this undertaking or if z. )cno~m historic
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prcperty will be Effected in an unanticipated. xznner (36 CFE I. aoo.11);
4)- I - or o3er;ise affected (36 ca soo.c[cl; 800.5); -
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0) xay 30, 1991
I treztment plan has been approved and executed pursuznt to 36 CFF
800.11(b) (2) (ii) e
the project will have no effect, Accordingly, your agency hzs fulfilled its responsibilities pursuant to 36 CFR 800,
regulations implenenting Section 106 of the Nation21 Historic Preservation Act. Plezse note, however, that your agency Will have additional responsibilities pursuant to 36 CE? 800 under
the following circwstznces:
1) Preservation to review your detcmination in accor2r;nce with 36
consequently, the OH? does not objeEt to your finding that
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If my person requests the Advisory Council on E'r:lstorFc I : CF2 80C,6(e);
If the undertaking cfienges in ways that could affect
If previously unsocmented properties are discovezed durin:
15 a pro3ery that vzs to be avoided hzs been inaeverkentl:
- 51 If'any condition of the u~~dertakinq;, such 2s a delzy in
9&. '7 lezentation or inpleznentation in phises over tice, r~y IusLlfy recmsideration of the current National Register status
02 properties within &&e unZert2Xi25's Area of ?oteztial Ezfect,
(36 CFX 800.4[c]).
project planning.
pleese contact Xs. Leslie Eirtzell at (916) 322-9602.
%ark you for considering histcric properties 2;lrFn.ic; If yor? have any quastions about this review,
Sincerely, /-& Kathryn Guzltieri I State Historic Preservation Officer
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. .e-. @I. - -- .- ----.. n3ins/i7 STRUCTURES MAINTENANCE SYSTEM - HSS*tL PAC
HISTDRXCAL SXGNXFXCANCE - STATE BRIDGES
__- ................................................................... .. HISTORICAL BRIDGE LOCATION STRUCTURE
NUnBER NAHE CITY SKtHIFICXNtE CD-RTE-Ptl
i -=ISTRrC7 l1
________________L__________________I____-~-~--------------------------- - 57 043UF. SI) -D94- 00346 NE CQNN RAMP U SD 5
57 0431 SD -008- Dl110 Et CAJON B R 0 LHSA 5
57 0432 SD -008- 01103 SPRING ST OR 0 1HSA 5 - 57 0433 SD -0n5-~01489 MARKET ST oc SD 5
57 0434 SD -005-RD1166 HAIN STREET UC 5D 5
57 Ilk35 SD -005-RDl203 VESTA Sf UC SD 5
57 0436 SD -005-RO1243 -5 CHOLLAS CRK SD 5
57 0437 SD -n05-~01253 RIGEL ST uc SD 5
57 0438 SD -0D5-RD1263 RTE 5/15 SEP SD 5
57 0439 SD -005-RO1288 32ND STREET UC SD 5
57 0440 SI) -005-RO1312 30TH ST POC SD 5
57 nu1 SD -ms-Rmxy 2a~~ STREET oc SD 5
57 0442 .SD -005-~0i34~ NATIONAL AV oc SD 5
57 0445 SD -005-RD1411 CRDSBY ST UC SD 5
57 0446 SD -005-RD1425 3EARDSLEY S PO SD 5
37 0447 SD -005-RD1442 COHKCIAL ST OH SD 5
57 0448 Si) -005-ROl450 Ir^iPEi?fAL AV‘UC SI) 5
57 0449s SI) -OO~-ROW~~ ISTH ST o R oc SD 5
S? 0450K SD -005-RO1464 17TH ST 0 R OC SD 5
57 0451 SD -005-~~1474 J STREET nc 5D 5
57 D452 SD -0D5-RD1481 3SLAh‘D AYE OC SD 5
57 0454 SD -005-R01728 INDIA ST UC SD 5
57 0455 SD -005-RD1721 LAUREL ST UC SD 5
57 0457 SD -005-RG2393 HISSION BAY OC 5D 5
57 04581 SD -005-R03849 SAN ELIJO LAG 5
57 0456R SO -005-RD3849 SAN ELSJO LAG 5
5
5
57 ma- ST) -005-~04407 LA COSTA AV oc 5
57 0461 SD -067-RO0194 PROSPECT AV OC 5
57 D462L SD -008-RO2181 LK JENNINGS UC 5
57 0462R SD -00E-RU2181 LK JENNINGS UC 5
57 0463F SD -005-RU2535 RTE 52/5 SEP SD 5
57 D464L SD -D05-R01039 19TH STREET UC NATC 5
57 O454R SI> -0D5-RD1039 lSTH STREET UC ffA7-C 5
37 0465 SD -008- 01563 EL CAJON CREEK ECJ 5
57 0467L SD -0DS-ROlD68 HARBOR DR OR II HATC 5
57 0467~ SD -O~S-RD~O~~ HARBOR DR OR u HA7C 5
37 04681; SI) -005-RU1072 CIVIC CTR D OH NATC 5
57 DWL SD -uns-~oi075 CIVIC CTR I) OH NATC 5
57 D468R SD -005-201075 CIVIC CTR D OH NATC 5
57 046ES SD -005-RU1080 CIVIC CTR D OH NATC 5
57 0469 SD -005-i’.tb1113 ETH STiiEET UC NATC 5
57 04iCH ST) -094- 00311 KLBdSH CAliYDN SD 5
57 0473 si) -005-R01273 CHOLLAS CREEK 5D 5
57 0474L 5D -09E-RC2D04 CAY,lNO CANDA U 5
57 04742 SD -008-202004 CAHINO CAt:DA U 5
6 57 0453. SD -005-RC1704 STATE ST UC SD 5
(ii 57 34ijF Sa -D15-E300C2 CHDLL,!,S CREEK Si) 5
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CALIFORNIA COASTAL COhlhlISSION
PERMIT
I. APPENDIX
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CnE W1LsD.t X CAtnbcWA-Wf RffWRPS ACCNCT
LlFORNlA CDASTAL COMMfSSlON
DlEtO COAST *REA Staff: P BW-SO 4
REVISED FTNDINGS Tk 96
3111 CAM~CK) DEI RD C(0pTH. Sum X0 Staff Report: 12/18/91
a1q f31-6m6
Hearing Date: 1/13-76/92
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JAN DIE=. t* -1081RS
Application No.: 6-90-219
Applicant: City of Carlsbad Agent: Betty Dehoney
Description: Restoration/enhancement of Batiquitos Lagoon to create tidal
marine habitat, including the following specific actions: up to 3.7 million cubic yards of dredging to reconfigure the lagoon to restore tidal flous and aid in maintaining an open lagoon mouth; disposal of suitable dredged materials on Encinas Creek Beach; construction of new inlet jetties at the mouth of the lagoon to
create a pernanently open lagoon mouth; demolition and reconstruction of southbound lanes of Carlsbad Blvd.; erosion-protection improvements to the Carlsbad Blvd., AT & SF
Railway and Interstate Highway 5 bridges; creation of up to five California lezst tern nesting sites.
Batiquitos Lagoon, between the ocean and El Camino Real, Czrlsbad, San Diego County. u0 Site:
Date of CcKission Action: Earth 12, 1991
fo3,issioners on Prevailing Side: Halcolm, RcInnis, Doo, Neely, Nright, and Vice Chairman HacElvaine
Substantive File Documents: Batiquitos Lagoon Enhancement Project Final EIR/
EIS (City of Carlsbad and U.S. Army Corps of Engineers); Batiquitos Lagoon Enhancement Project Draft Preliminary Design Report (February, 19EB); Eez2randum of Agreement to Establish a Project for Compensations of Harine Habitat Losses; CCC staff report on lnter-agency Agreement for Harine Hrbitzt Enhancement at Batiquitos Lagoon; ; CDP R5-85-623A (Pactex); CDP
85-90-989 (L.A. County) ; CDP #6-86-534 (La Costa Road Widen<ng) 1
[ STAFF NOTES:
Sumarv of Comission Action:
In its actions on the proposed project, the Comnission initially modified the staff's recormendation to allov the construction of Hitigated Alternative A,
2s Proposed by the City of Carlsbad. ZPPlicants sought and ultimately received an amendment modifying the project
To reflect the restoration goals identified as Hitigated Alternative E. The
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L Frwosed findings for zwrovzl reflect those changes to the recomnendztion
Subsequent to this initial approval, the
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adopted by the Comnisslon at its Hatch 12, 1991, hearing and as subsequently modified through the amendment process.
Project History
The project represents a major attempt at the restoration of Batiquitos Lagoon. It is clear from the testimony of both representatjves of the natura' resource agencies and independent experts that the transport of sediment to Batiquitos Lagoon has resulted in and will continue to result in a diminution of biological resource values unless some intervention occurs.
It is equally clear that there 4s disagreement among interested parties as to what constitutes the proper restoration goals for the lagoon.
Environmental Impact Report/Final Environmental Impact Statement (FEIR/FEIS)
for the project identified seven different alternative restoration projects. Although the initial proposal requested one specific alternative, Ritigated A, the Comission's review was not limited solely to that alternative. The entire range of projects identified in the FEIRIFEIS were studied and, subsequent to the approved amendment, nitigated Alternative B was ultirrately selected as the most appropriate restoration project under the policies of Chapter 3 of the Cozstal Act.
The Final
FItiDi HLS
I. kDDroval with Conditions.
The formission hereby orants a penit for the proposed development, su5ject to the conditions below, on the grounds thzt the developcent will be in confomity with the provisions of Chapter 3 of the California Coastal Act
of 1976, will be in confomity with the adopted Local Coastal Program, and
uill not have any significant adverse impacts on the environment vithin the neznins of the California Environmental Quality Act.
11- Standard Conditions.
See attached page.
111. Special Conditions.
The penit is subject to the folloving conditions. conditions, the resource agencies shall include the California Department of Fish and Game, the U.S. Fish and Wildlife Service and the National Harine fisheries Service:
For purposes of these
1. Revecetztion Plan. Prior to the issuance of the coastal develowent per;r;<t, the applicant shall submit a detailed revegetation plan, in
scbstantial conforrnance with the "Draft Revegetation Plan for Batiquitos
LZg~sn (Jznuzry 31, 1991)," for the subject restoration program prepzre5 by a qu2lified Ltetland biologist the selettion of ~hm shall be scbject to the
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review and written approval of the Executjve Director in consultation with tht resource agencies. The revegetation plan shall also be subject to the review
and written approval of the Executive Director, in consultation ufth resource agencies. The habftat replacementhevegetation program shall indicate, in detail, the types and size of species to be planted, the location of such plantings, construction methods, and provisions, If necessary, for temporary irrigation systems to fnsure the success of restoration efforts. the overall restoration goals of the plan shall be to create, to the maxirwm extent feasible, the habitat types and Configurations indicated in the attached Exhibit 4, 'Predicted Habitats for Hftigated Alternative A. through the replacement of and mitigation for wetland vegetation removed as part of the project and through the transplantation on an experimental basis of subtidal and intertidal plants at the completion of the project. include, at a minimum, the following elements:
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The plans shall
a. The salvage, storage and, ff possible, propagation of all coastal salt marsh plant raterials to be disturbed as a result of the construction
of the project, prior to comnencement of construction. ratio of 4:l of replacement area to impacted area for all coastal salt
marsh vegetation displaced by the project as identified in a pre-construction survey. The required mitigation area shall be established within ten (10) years of comnencement of dredging of the west basin.
b. A plan for the establishment or transplanting of eel grass (Zostera narina) at elevations of -1 ft. to -3 ft. HLLW and cordgrass (Soartina foliosa) at i3.5 ft to +5 ft. PlLLk', as described in the draft revegetation plan. Said plan shall identify criteria to be used upon project completion to determine planting sites at suitable depths and locations throughout the lagoon with a high potential for success.
Criteria shall include, but not be limited to, substrate type, water depth, currents, and turbidity. The plans shall identify potential donor sites and harvest methods, planting methods, planting density, etc., and shall indicate at what point after completion of construction both donor and planting sites shall be determined, subject to the Executive Director's approval in consultation with the resource agencies.
kll revegetation shall be conducted using permanently marked quadrats, in order to provide information for the monitoring program required under Special tonditi on 82.
flitigation at a
2- Ronitorina Proaram. Prior to the issuance of the coastal development permit, the applicant shall submit, for the review and approval in writing of the Executive Director in consultation with the resource agencies, a detailed
mDnitoring program designed by a qualified wetland biologist. program shall include the follouing: Said monitoring
a. Submittal, upon tornpletion of the dredging project, of 'as-built" plans indicating conformance with the proposed dredging plans, with
pzrticlrlar emphasis on the side slopes above the dredged channel. The
zs-bui'lt side slopes shall match to the extent practicable the slcpes -
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proposed in the concept grading plan for the proposed Hitigated Alternative A Identified in the FEIR/FEIS.
b. Submittal. upon completion of the dredging project, of a tidal monitoring study. The monitoring study shall report total acreages
resulting from project implementation of subtidal area (-1.6 HLLU), intertidal flats (-1.6 to +3.9 HLLW), low marsh (+3,9 to +5.4 HLLW) and
high marsh (+5.4 to +7.0 HLLU).
c. Extent of coverage, rate of grovth and species composition of a1
d. The monitoring program for all coastal salt marsh mitigation areas shall include provisions for augmentation and maintenance of the restoration efforts, including specific performance standards, designed t assure 901 coverage in a ten (10) year period.
e. Honitoring reports addressing items c and d above shall be
enhanced or restored areas.
submitted on an annual basis for the first three years follouing project completion, and at the fifth and tenth year. shall be trade to the Executive Director. Said monitoring reports
Tidal monitoring reports shall be submitted prior to approval of as-built plans as required under Special Condition #2(a).
3. Staaina Areas. Prior to the issuance of the coastal development pernit, the applicant shall submit a revised staging plan, indicating that only two staging/dredge launch ramp areas shall be permitted within the uetland boundary, and shall be located at the Northwest Staging Site and East
1-5 StaSing site as generally described in Figure 2-10 of the FEIR/EIS for th proposed project. Said staging areas shall be staked in the field for the revieu and written approval of the Executive Director, in consultation uith the resource agencies. be the minimum size required to actomnodate a 12 to 14 inch nozzle dredge. The East 1-5 staging site shall be the minimum site required to accomodate a
20 to 24 inch nozzle dredge. The tuo approved staging areas shall be incorporated into project plans and construction bid documents.
A17 other construction staging areas, exclusive of the two approved stagingidredge launch ramp areas, shall not be allowed to occur in any environmentally sensitive habitat areas, including vegetated and non-vegetate
wetlands and buffers, ssndy beach areas, uith the exception of unavoidable staging of equipment required for the beach nourishment component of the Project, or public parking areas. Corrstruction haul routes to the launch ramps for the required floating dredges shall avoid impacts to uetland areas except as necessary to atcess the tuo approved launch ramp sites. Additional mitigation/revegetation as required under Special Condition #2(a) above shall be required for any staging activity uhich is approved and directly irr,?acts
existins wetland vegetation of any type. st?ging/launch ramp ere25 Dther than fuel for the dredge[s) shall be iir,;ted to that needed for one day's mrk only, and the sites shall be sized
The staging area in the Northwest Staging Site shall
The storage of materials at the
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accordingly. Fuel storage at the dredge launch ramp sites shall be the subject of a fuel storage plan, incorporating requirements for fuel containment equipment for deployment during fueling operations, and limiting the amount of fuel and lubricants stored at each site to 150 gallons at any one time. The fuel storage plan shall be subject to the review and uritten approval of the Executive Director in consultation.with resource agencies.
4. California Least Tern Nestinq. Prior to the Sssuance of the coastal development pennit. the applicant shall submit for review and urltten approval
of the Executive Director in consultation with resource agencies, a detailed plan for the control of predators at the California least tern nesting sites,
including design measures for the protection of tern nests from predation, programs for trapping predators, etc for the period during project sonstruction. Callfornia least tern biology, determined to be suitable to the Executive
Director in consultation with resource agencies, shall monitor least tern nesting activities from April 1 to September 15 of each year. If tern nesting
is observed to occur in areas subject to construction impacts, all construction activity in that area shall cfase until appropriate buffers surrounding the nesting area are identified and provided. All construction plans and bid documents shall incorporate this requirement.
5. Beldinq's Savannah Sparrow Nestinq. No dredging or other construction
attlvlties shall occur within the period of Harch 15 to August 15 of each year within IO0 feet of any areas containing coastal salt marsh vegetation. Rater levels in the east basin shall not exceed +6 ft. HLLW between Harch 15 and
August15 of each year. If water levels in the lagoon are below +6 ft. HLLW at the beginning of the defined nesting season, uater levels may be raised - only after the completion of a nesting survey to be conducted by the approved wildlife biologist, and submitted to,and accepted in writing by the Executive Direttor in consultation uith the Deparrment of Fish and Game. Rater levels that uould result in the inundation of any nest shall be prohibited. All construction plans and bid documents shall incorporate this requirement.
the applicant shall submit, for the revieu and approval in writing of the Executive Director, final plans for all proposed structural improvements, including but not limited to the bridge imgrovements on Carlsbad Blvd., 1-5 and the AT h SF Railway bridges, the temporary uater inlet structures and the proposed inlet jetties. Said plans shall be in substantial conformance with those conceptual plans that have been. previously submitted. Director shall rake every effort to respond within the 45 day review period
accorded to all resource agencies.
deve1Opmnt permit, the applicant shall submit, for the review and written approval of the Executive Director, final plans for the transport and deposition of dredged material at Ponto and fncinas Creek beaches. shall include the removal of all obstacles to beach access, including the removal of pipes and equipment from the beach during the sumner Season (Kay 1
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A qualifqed wildlife biologist with demonstrated knowledge of
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7- Disposal of Dredoed Naterials. Prior to the issuance of the coastal
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through September 1 of each year) uhen dredging will not occur, and avoidance of existing public access sites for pipe routing.
8. Beach Access. Pr'lor to the issuance of the permit, the applicant shall submit a detailed schedule for the subject proposal for the review and
approval of the Executive Director, outlining time periods during uhich continuous pedestrian and bicycle access will not be available, either at the beach level or along Carlsbad Blvd. Barriers to pedestrian and bicycle access shall not be allowed during the period from Hay 1 to September 1 of each
year. (Hay 7 to September 1).
Continuous beach access shall be maintained during the sumner season
9. Xitiqation Credits. The approval of the subject permit application does not endorse nor approve any program for the the application of mitigation credits to fill projects within the limits of San Pedro Bay.
development permit, the applicant shall obtain a written determination from the State Lands Comnission that all required permits or approvals by the State
'Lands Comission have been obtained.
IV, Findincs and Declarations.
30. State Lands Comission Review. Prior to the issuance of the coastal
The Comnission finds and declares as follows:
7. Detailed Project Description and History. The subject proposal involves the restoration of Batiquitos Lagoon. one of the 19 'high priority" wetlands as identified by the California Department of Fish and Game. The restoration of the lagoon began as an olrtgroah of the 'Pactex' project (CDP
$5-BS-623-A). As part of the approval of the Pactex application to dredge 11.28 million cubic yards of material in San Pedro Bay, the Commission found that the PrOpOSed dredge and landfill would result in significant adverse
impacts to the marine resources of San Pedro Bay requiring mitigation. required mitigation, the applicants proposed a rrarine resource restoration project for Batiquilos Lagoon in San Diego County.
AS approved by the Comission, the approval of the Pactex project required the approval of a "memorandum of understanding' or 'mernDrandum of agreement. (referred to in this report as the HOA) between the appropriate government agencies (California Department of Fish and Game, U. S. Fish and Wildlife Service, the State Lands Commission and the National Marine Fisheries service). as well as the Cities of 10s Angeles and Carlsbad, to establish a Projett to compensate for the losses of marine habitat in San Pedro Bay that uolrld result from the Pactex Project. establish a habitat impact assessment and to determine a mitigation program
that was arceptable to the above-referenced agencies. a framtvcrk for the relationship between the Cities of Carlsbad and Lo$
An9eles Kitti regard to the organization of the mitigation effort.
k'hile the Coastal Comission was not a party to the drafting of the HOA, the
Hi% k'2s revieged by the Comission at its October, 19BB, hearing.
As the
The HOA was created in order to
The HOA also serves as
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revieu the Comnission approved the HDA, as executed, and adopted a statement of direction and instruction concerning the following four items:
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7. mitigation funds.
2. mitigation credits.
3. agreement.
4. permit for the implementation of the restoration project.
Instructions to the Executive Director to authorize disbursement of
Provision of direction concerning the HDA’s instructions regarding
Clarification of relationship between the Pactex permit and the
Clarification of the requirement for obtaining a coastal development
1 The basic undertaking authorized in the MOA was the initiation of a project to restore and enhance Batiquitos Lagoon. A total of 159 acres of enhanced habitat area at Batiquitos lagoon was determined to be required to mitigate
lhe imparts of the Pactex development. acreage in excess of the 159 acres to be transferred to other landfill ptojects in the inner or outer harbor of the Port of 10s Angeles, or to be transferred to other ports in the southern Ilalifornia bight. Although the Pactex permit has expired and the Pactex development is not longer anticipated to be im?lemented, the Port of 10s Angeles (POLA) has proposed to undertake
the restoration of Batiquitos Lagoon, relying on the provisions for utilization for excess habitat acreage created in the Batiquitos Lagoon area
to provide mitigation at Batiquitos Lagoon for any proposed fill in San Pedro Bay. #
The bprojt.ttm as defined in the HOA consists of the following nine specific arfions or activities:
The HOA also allous for any enhanced
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2. excavation to create tidal inflows and aid in maintaining an open lagoon
3.
4.
the riparian habitat in the Encinitas Creek drainage in order to control sediment in the lagoon. .
5.
5.
7. environzentally acceptable an5 cost-effective methods.
The acquisition of property interests in the lagoon.
The physical retonfiguration of the lagoon through dredging and/or
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Creation of new intertidal and subtidal habitat areas.
Construction of sediment control facilities including protection of
Provision of a managed freshwater marsh.
Construction of California ’least tern nesting sites.
Disposal of dredged and excavated material by technically feasible,
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8. after construction of the project.
9. Maintenance of the lagoon, as necessary.
Monitoring of the lagoon to determine the condition of the lagoon
The HDA estimated that the following acreages of habitat would be provided through the implementation of the project: unvegetated intertidal habitat, 170 acres; salthrackish marsh, 139 acres;
freshwater rrarsh, 33 acres; and California least tern nesting sites, 34 acres. beach replenishment on Carlsbad beaches adjacent to the property.
One result of the HOA uas the formulation by the Coastal Conservancy of a project that uas to become the partial basis of the planning effort for the Lagoon's restoration, finally.jdentified as the environmentally superior alternative in the FEIRIFEIS for the project, this Conservancy sponsored project was the initial conceptual project for the dredging and restoration of Batiquitos Lagoon.
subsequent environmental documents utilized the Conservancy plan as the basis for The alternatives ultimately identified in the environmental review process.
The pmjeiiic. .~~''.~~~t~~th~~~~~~~l re. . TOE s:%.?.,,.-. .,. ultT~t~el*&&%g. ._ '';" U... i+ .. a,. jqjnt I .---.. Final .\.-..,-.- ... Env.l-ronmen~~~i~~~~~~' .-,_,_-, ._. . riinen'tal .. I n$a ct Stat epen<J FLI R(FE IS ] . ,f:o,s.;t,he';pI:o ppsa>-:Zh rough :-Xh e'renvtronmkk ta 1" ''. * - review p'iocess ._ ,?.- -.... ,.' ~. a . number -o,f,_m.i_t_,ga,~;!p_?-~~?sur_e~~~~~~~~~greater'-de~ajl -
be f oky-ha ve ... -.-a-.. be y;-.--.- en app __ 1 . i -. e d . to. the .WJ OK ,p+roj.e,cXa 1 te mat I ve s m8a-??%igG. T impacTRjf-'the- proposed .rectoration project;. The proposal reviewed' and ultimtely approved by the Comission reflected the application of the nitisation measures to the previously defined Alternative A, although the Comission SUbSeQUently approved an a,mendment to revise the project to Hitigaled Alternative 8.
The basic proposed program of restoration for Batiquitos Lagoon is the restoration of a marine habitat regime in the lagoon, In order to create and mintain this marine habitat type, the City has proposed to create a pemznently open lagoon mDuth in the approxirnate location of the historic lzgoon mouth. The creation of the open mouth will restore continuous tidal action and restore the former marine ecosystem, without significant adverse
1mWctS to existing, established habitat values within the project limits. addition, the permanently open lagoon mouth will have additional benefits by helping to control the sediment load remaining in the lagoon and by aiding in
flood control.
The underlying premise for the project design is based upon the prediction
that nainlaining a permanently open lagoon mouth requires a minimum mean diurnal tidal prism of about b0 million cubic feet. In order to create such a tidal prism, significant amounts of material must be removed from the lagoon lo Create a new tidal channel within the lagoon.
The suSject development propcsal initially requested by the applicants and a2proveG by The Com-nission u2s 'Hitigated Alternative A" (Hitigated A) as
subtidal habitat, 220 acres;
Suitable sandy mterials dredged from the lagoon were to be used for
While this project differs greatly from the alternative
The
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described in the FEIR/FEIS. million cubic yards of material from Batiquitos Lagoon. As proposed,
Hitigated A called for some side slopes at finished grades of 1:100, uith most side slopes of 7:lO to 7:20. be dredged to final elevation of -5.5 ft Hean Lower Lou Water (HLLW). East basin would be dredged to an average depth of -2.5 feet HLLW, with a depth of -4.5 feet in the vicinity of the Interstate 5 bridge.
Subsequent to this action by the Comnission, the applicants successfully
sought to amend COP 6-90-219 to modify the project description to reflect the design parameters of Hitigated Alternative B ('Hitigated Bn).
alternative would require between 2.2 and 3.1 million cubic yards of dredging, resultqng in an increase in the mean diurnal tidal prism of about 60 million cubic feet. In this alternative,,side slopes would be much gentler than the previously approved Hitigated A, uith slopes in excess of 1:200 in the East
Basin. Uhile the West and Central Basins will be dredged in a manner identical to Hitigated A, the East 3asin uould include a meandering channel, / in order to provide the areas of more gentle slopes on the north and south ,! shores of the lagoon. I
A third tidal alternative was also identified. Mitigated Alternative C
('Mitigated C*) uould result in a total of 1.9 to 2.5 million cubic yards of dredging, with a mean diurnal tidal prism increase of 56 million cubic feeet.
Side-slopes would be similar to Mitigated B. In addition, a number of other alternatives. the so called 'non-tidal' alternatives were identified in the
FfIR/FEIS.
As uith the previously approved Hitigated A, the total amount of graded material will depend upon the method of disposal of dredged mterials that is ultimtely chosen. Although beach dijposal of some materials is a central portion of the project, the utilization of beach disposal for all dredged i materials disposal will have an effect on dredge volumes. The disposal on the beach of all those materials found acceptable for beach use will result in the
identified beach disposal as the environmentally superior solution for disposal of dredged materials, due to the traffic, noise, air and landfill impacts associated uith land disposal methods.
As currently proposed, the west and central basins will be overdredged, with a11 suitable dredged materials placed on area beaches for beach replenishment.
materials placed in the west and central basins.
Proposed to facilitate a beach disposal of dredged materials. materials consist of a greater proportion of fine silty materials that are not suitab1e for disposal on a recreational beach. greater amount of beach quality sandy material from the vest and central basins, The overdredge will create an area for the disposal of the fine materials dredged from the east basin. be Placed over the fine silts disposed of in the west and central basins.
Hitigated A involved dredging of 2.5 to 3.7 I O'
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The west and central basins of the lagoon would The
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highest amDunt of dredging. The FEIRIFEIS for the project, houever, \
Then, the east basin dredge will occur, with the dredged This overdredge has been
By removing a corresponding
The east basin
Finally, a cap of sandy material will b
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fn order to maintain the permanently open lagoon mouth, a non-navigable inlet structure will be constructed, consisting of two jetties of approximately 170
feet in length. tone.
The project originally envisioned by the parties to the HDA had considerably greater adverse impacts upon lagoon resources than either Hitigated A, Hitigaied B or Hitigated C.
(with no mitigation measures applied) would have resulted in displacement of
67 acres of coastal salt marsh/brackish marsh vegetation. In addition to coastal salt marsh vegetated area, existing tidal flats would have been
eliminated, thus eliminating valuable shorebird feeding areas. As originally proposed, the California least tern nesting islands uere also not well situated as replacement habitat or nesting areas.
In response to these and other concerns raised in responses to the draft EIR/EIS, five specific mitigation measures were applied to the three so-called tidal alternatives (Alternatives A, B and C). First, the limits of the proposed dredge zone were withdrawn from areas populated with coastal salt mrsh vegetation to the greatest degree feasible. The impacts to coastal salt
marsh species were reduced from 67 acres of displaced salt marsh vegetation to
a total of seven acres of displaced vegetation. The remaining displaced vegetation will occur in isolated islands of marsh plants in the western basin
of the lagoon.
Second, the dredging plan has been modified to establish a gently sloping lagoon bottom. tharsc:erisiics of intertidal zones similar to those found in other Southern Calif ~rnia lagoons.
Third, rather than a straight channel as originally proposed, the mitigation measures Call for a meandering channel. The meandering channel allows for the
m3re gently sloping tidal areas to be lccated on both the north and south
sides of the lagoon. As originally proposed, the tidal areas would have been located north of the channel.
Fourth, the California least tern nesting areas were relocated and modified. The relocations allow easier access for management personnel while providing
Sreater isolation from adjacent land uses.
Fifth, the proposed freshwater pond was eljminated. displacement of existing habitat areas for the construction of the pond.
The mitigation measures are applicable to Alternatives A, B and C. of the remaining alternatives. studied in the EIR/EIS did not require the
aPP1iCatiOn of these mitigation measures. applied, Alternative A, B and C constitute a range of conceptually similar
Projects with virtually idenrical impacts that seek to restore a previously existing Tidal regime at Batiquitos Lagoon through the dredging of sediments
from the lagoon's three basins.
*he nd2jor distinguishing feature betkeen the alternatives is the total amaunt
As proposed, the jetties would not extend past the surf
The initially proposed Alternatives A, B and C
The sloping bottom has been proposed to duplicate the physical
*
This eliminates
The design
k'ith these mitigation measures
As will be discussed in greater detail belohi,
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of dredging required for their Implementation and the resulting mix in habita‘ acreages after completion of the project.
Other construction projects associated uith the overall restoration project include improvements to existing transportation structures uithin the limits of the lagoon, the construction of a temporary Water inlet structure at the lagoon mouth, the construction of staging areas, and the disposal of dredged
materials. The proposed improvements to the transportation structures involv the bridges across the lagoon. The bridge supporting the southbound lanes of
Carlsbad Blvd. uould be demolished and removed, and a neu bridge providing pedestrian and emergency vehicle access across the tidal inlet would be built In jt5 place. and the Interstate 5 bridge would be protected from increased tidal action
Zhrough the application of new annoring.
Due to the necessqty for providing replacement water in the lagoon for that uhith is removed as part of the dredging process, a temporary water inlet has been proposed. that would extend beyond the surf zone. Final plans for the construction of the jnlet system have not been completed at this time.
In order to protect the lagoon mouth from closure, two jetties are proposed. The jetties would extend approximately 170 feet in length from the westerly edge of the Carlsbad Blvd. bridge and would stand about 12.5 feet above HLLW. The jetties will have a benched profile on the exterior sides, to act as an energy dissipator for shore-parallel wave runup. jetty will be about 140 feet wide. overall height of the jetty to be reduced, increases the footprint of each jetty. The reminder of the channel entrance will also be armored to minirniz scour.
A minimcrn of 34 acres of California least tern nesting areas in multiple site Will be created as part of the project. Two will be located in the west basin, one irrmediately east of Carlsbad Blvd. on the south side of the proposed entrance channel, and one on the north side of the channel. Three polential sites have been proposed in the east basin, one irnediately adjacen to the park and ride lot in the northeast quadrant of the 1-5/La Costa Ave. interrhange, and two located in the eastern end of the east basic. As part o the mitigation measures proposed in the final EIR/EIS, the least tern nesting sites have been relocated to these positions and reconfigured to maximize isolation from adjacent land uses while still allowing convenient access to
wildlife agency personnel. A71 sites will consist of a sandy substrate gradei
to an elevation of +10 feet. A minimum of 34 acres of least tern nesting are, wjl’l be provided.
fonstruction of a project of the magnitude of the current proposal involves
extensive staging and storage facilities. required for the floating dredges proposed to be used for the dredge activities. single launch ran?. currently proposed to be located on the northern shore of
the lagoon between BztiquitDS Drive and 1-5.
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The northbound lanes of Carlsbad Blvd., the rajlroad bridges
The inlet would be constructed on a trestle type structure
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The channel created by the This benched profile, while allouing the 1 LA-e
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A minimum of two launch ramps are
The central and eastern basins of the lagoon can be served by a
The west basin will not be t
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accessible from the east basin launch ramp, due to the location of bridge abutments. Therefore, a second ramp is proposed to serve the western lagoon, jn The area that will ultimately be incorporated into a least tern nesting
site, Both ramp sites wilt also be used as fueling stations for the dredges, with fuel.storage areas located nearby.
'located on the proposed least tern site adjacent to the park and ride lot and on the least tern site in those northeastern corner.of the lagoon.
staging is also proposed on the beach adjacent to the beach inlet jetty sites.
2. Environmentally Sensitive Habitat Areas. Section 30230 of the Act states:
Additional staging areas will be
Sone
Karine resources shall be mintained, enhanced, and uhere feasible, restored. Special protection shall be given to areas and
species of special biological or economic significance. Uses of the mrine environment shall be carried out in a mnner that will sustain the biological'productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term
comercial, recreational, scientific, and educational purposes.
Section 30231 of the Act states:
The biological productivity and the quality of coastal uaters. streams, wetlands. estuaries, and lakes appropriate to rainlain optimum populations of marine organisms and for the protection of human health shall be maintained and. where feasible, restored through, among other means, minimizing adverse effects of waste uater discharges and
entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interferknce with surface water flou. encouraging
uas?e kater reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.
i.
Setlion 30233 of the Act states. in part:
(a) The diking, filling. or dredging of open coastal uaters, uetlands, estuaries, and lakes shall be permitted in accordafice uith other
applicable provisions of this division, where there is nG feasible less environmentally damaging alternative, and uhere feasible mitigation
measures have been provided to minimize adverse environmental effects, and
shall be limited to the follouing:
(1) New or expanded port, energy, and cozstal-dependent industrial facilities, including comnercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel
berthing and mooring areas, and boat launching ramps.
boazing facililies; and in a degraded wetland, identified by the
DP2artrxnt of Fish and Game pursuant to subdivision (b) of Section
(3) In wetland areas only, entrance channels for new or expanded
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30411, for boating facilities If, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored
and maintained as a biologically productive wetland. The size of the uetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary
support service facilities, shall not exceed 25 percent of the
degraded wetland.
streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers
that provide public access and recreational opportunities.
limited to, burying cables and pipes or inspection of piers and rraintenance of existing intake and outfall lines.
except in environmentally sensjtive areas.
1
(4) In open coastal waters, other than wetlands, including
(5) Incidental public service purposes, including but not
(6) Hineral extraction, including sand for restoring beaches,
(7) Restoration purposes.
(8) Nature study, aquaculture. or similar resource dependent R. activities.
(b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to mrine and wildlife habitats and water
circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable long
shore current systems.
(c) In addition to the other provisions of this section, diking.
filling, or dredging in existing estuaries and wetlands shall maintain or
enhance the functional capacity of the wetland or estuary. of coastal wetlands identified by the Department of Fish and Game, including, but not limited to. the 19 coastal wetlands identified in its
report entitled, 'Acquisition Priorities for the Coastal Wetlands of California', shall be limited to very minor incidental public facilities, restorative measures, nature study, comercia1 fishing facilities in
Bodega Bay, and development in already developed parts of south San Ditgo
Bay, if otherwise in accordance with this division.
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Any alteration
Settion 30240 of the Act states:
(a) Environmentally sensitive habitat areas shall be Protected against any significant disruption of habitat values, and only
USeS dfpendent on such resources shall be allowed within such areas.
sensiiive h2bitat areas and parks and recreation areas shall be sited and
(b) Development in areas adjacent to environmentally b
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. designed to prevent impacts uhith would significantly degrade suth areas, and shall be tompatible with the continuance of such habitat areas.
Batiquitos lagoon is one of the 19 'High Priority' wetlands as identified by the Department of Fish and Same. As such, the more Stringent limitations on
dredging contained in Section 30233(c) of the Act' apply to the subject development. of each major component of the project with these policies of the Act will be
discussed separately.
finally, Section 6306.1 of the Public Resources Code (PRC) states:
Due to the scale and complexity of this project, the consistency
Hot wlthstanding any other provision of lau, the State Lands (omission and the City of Los Angeles, acting by and through its %oard of Harbor Comissioners, may take all actions which are necessary for
mirigation of expansion of the Port of Los Angeles by the enhancement, restoration and management of Batiquitos Lagoon in the County of San
Diego. Nothing in this section exempts the Batiquitos Lagoon Restoration Project from the regulatory requirements or jurisdiction of any public
enrity.
Lagoon mitigation project, these interests are to be held in trust for the public as sovereign lands by the State Lands Comnission.
of im7acts on biological resources does not presently exist uithin Los
Angeles Harbor. The City of 10s Angeles, acting by and through its Board
of Harbor Comissioners, nay expand harbor revenue funds to enhance, restore and manage Batiquitos Lagoon. The Legislature further finds that the enhancement, restoration and management of Batiquitos Lagoon uill provide benefits to the Port of 10s Angeles and the Conwnity because it vi11 (1) facilitate the development of an outer harbor landfill which is the initial step in relocating hazardous liquid bulk facilities in the
port, thereby providing substantial safety benefits to the surrounding
tomunity, allov the port, as part of a larger project, Po generate substantial additional revenues to tarry out the mandate in the state tidelands grants that the port promote tormlerce. navigation and fishery, and (3) create future opportunities for retreational development
Consistent with tideland grants.
navigational aids in the fabrillo Channel and a free boating safety publication. Provision of these facilities shall be considered by the
California Coastal Conmission in determining whether the tonditions of Cozstal Permit P5-85-623 have been met.
a. Restoratlon Activities. The subject application initially prcposed to jWlemenr Hitigated Aliernarive A ("Hitigated A") as proposed in the final
EIR/EIS for the Batiquitos Lzgson Enbancement Program. XitigzTed A involves the most dredging of any of the restoration alternatives,
If any interests in property are acquired as part of the Batiquitos
The legislature finds that adequate area for appropriate mitigation
The port shall provide a recreational boating sanitation facility,
As stated above,
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ultimately requiring 2.5 to 3.7 million cubic yards of dredging to Increase the mean diurnal tidal prism of the lagoon to 60 million cubic feet.
on August 13, 7991, the Conmission approved CDP Amendment 6-90-219-A, which requested the modification of the project to reflect the design parameters of Hitigated B.
In Its review of the subject proposal, the Comission must ultimately strike a balance between the need for restoration at Batiquitos Lagoon, the provisions of pRC 6306.1 and the stringent limitations on dredging activities allowed
project at Batiquitos Lagoon, PRC Section 6306.1 does not exempt restoration projects at Batiquitos Lagoon from the regulatory requirements of the Coastal
Act. both provides meaningful restoration for 8atiQUitos Lagoon and 1s consistent uith applicable Coastal Act policies, particularly Section 30233(c).
Consistency uith Section 30233(c) can only be found if the proposal can be found to be one of the approved uses under 30233(c) and if there is no feasible less environmentally damaging alternative.
The Batiquitos Lagoon Enhancement Project has been the subject of a lengthy and exhaustive environmental review. In response to the coments concerning
number of mitigation measures have been proposed to incorporate into the
project design features which minimize the potential adverse environmental impacts resulting from the implementation of The dredging project on the lagoon's resources.' However, it is clear that the subject proposal, even uith
mitigation. xi11 result in short-term impacts to areas that are considered environmentally sensitive habitat are$s under the policies of the Coastal Act
in Order to achieve long-term benefits. It is equally clear from responses to
the envircnnental documents that there is no real consensus among interested experts as to which of the proposed alternatives represents the minimum
reasonable project that will meet the goal of restoration of the lagoon. uhich is defined as a permanently open lagoon mouth and full tidal flushing.
Therefore, the Cornhission finds that the subject proposal is a restoration project at Batiquitos Lagoon alone, and does not include the establishment of
approval of mitigation credits for any other project or project sponsor. For this reason, Special Condition $51 has been proposed. This special condition
acknouledges that the approval of this permit does not endorse nor corrunit the
Comnission to any future mitigation described or discussed in the EIR/EIS for the subject proposal.
It mst also be atkno2ledged that the proposed restoration of the lagoon does not simply result in enhancement of existing resources. Rather, the proposed treatjon of marlne tidal habttat will be accomplished by the loss of existing shallow subtidal open water area and non-tidal flats that currently provide
habltat value for dvlan populations that lnhablt the lagoon. k'hi'le this habitat is variable and unreliable, given the currently blocked lagoon mouth,
Some habitax values are found in the lagoon That will be altered by the
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However,
Hitigated B is the project that will ultimately be constructed
- under Section 30233(c). Although it specifically calls for a restoration
Therefore, the Comission must find that the subject restoration program
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This modification of avian habitat 5s an unavoidable result of the conversion of one habitat type in favor of the establishment of another.
mitigated alternatives uould result in the loss of at least 36 acres of non-tidal flats that are currently utilized by shorebirds. The construction of the project would similarly disturb between 331 and 338 acres of open water habitat areas utilized by other groups of birds that rely on deeper water areas for feeding. Ultimately, 187 acres of non-tidal flats, intertidal flats and marshes, and existing open water areas will.be converted to subtidal area
(-1.6 ft. below HLLW).
These proposed changes will result in the conversion of habitat in such a
fashion that habitat for bird species now utilizing the lagoon uill be converted to other types of habitat not favored by these species. of the types of impacts habitat conversion will cause involves that class of ducks known as 'dabblers.' Any of the so-called tidal alternatives will result in reduced area of ponded shallow water during the winter and spring.
This uill result in a reduction in the type of habitat currently being utilized for feeding by dabbling duck species. The lagoon would, therefore, not support as many dabbling ducks at any one time as compared to existing conditions.
In plain terms, habitat conversion as proposed in this application is tantamount to the reduction in total acreage of one type of habitat in favor of the creation of a greater amount of a different type of habitat favoring
different wildlife species. Such habitat conversion can only be considered restoralive in nature if the resulting habitat is, in fact, functioning wetland at the conclusion of the project. mde. Section 30121 of the Act defines wetlands as follows:
Any of the
One example
In this case, such a finding can be
# 'Wetland' means lands within the coastal zone which may be covered periodically or pemanently with shallou water and include saltwater rrarshes, freshwater rrarshes, open or closed brackish water marshes,
suanps, mirdflats, and fens.
Under thc Coastal Act definition, all resulting habitat, with the exception of the least tern nesting areas, will be wetland area. construction of the sand flats for least tern nesting, the total acreage of wetland within the study area limits uill not be decreased.
Although there has been dissent among experts over the minimum tidal prism, and, therefore, the minimum dredging, required to provide for a permanently
open lagoon mouth, the project proponents and the resource agencies participating in the KDA have determined that the minimum desired tidal prism
lo pronote and maintain a marine tidal system is 60 million cubic feet. Hitigated A exceeds the minimum tidal prism and, through the enlargement of the lidal prism, will minimize the need for future maintenance dredging and
its associated impacts to wetland resources. Hitigated 5 also establishes a mean diurnal tidal prism in excess of that necessary to create a permanently open lagoon mouth. tidal prism that ~jll provide a permanently open lagoon mouth.
Even uith the
Both alternatives provide at least the minimum increase in
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Uhife, at the initial hearing on the project, the Conmission found that Hitigated Alternative A increased the potential for the long term success of the project while still minimizing the environmental impacts through the appliration of the mitigation measures described above. the Corrxnission's subsequent action on the amendment request found that Hitigated B would also provide a sufficient potential for achieving restoration goals while minimizing impacts to the maximum degree feasible. predicted to result from the restoration project would be considered restored
wetlands under the meaning of the Coastal Act, the requirements of Section 30233(c) are met by either Mitigated A or Hitigated 3. identified alternatives provided the needed increase in tidal action.
The Comnission cannot, however, find that the proposal, in its present form, offers acceptable restoration of Batiquitos lagoon as required by Section 30233(c) of the Act. As proposed, no additional revegetation effort, beyond the salvage of all coastal salt marsh impacted by the project, is included in
the project.
Absent any additional revegetation of the lagoon, it is not possible to find that any meaningful restoration of lagoon resources vi11 be accomplished at Batiquitos Lagoon. The stated purpose of the project is to restore tidal influence and establish a marine habitat regime in the lagoon. As originally proposed, houever, the only proposed activify would be the creation of contours and water depths that' are conducive to the establishment of marine
in the absence of direct intervention. it is unlikely that additional habirat values would be established.
The project's proponents stated that, biological restoration uas expected to occur through the colonization of those neuly formed intertidal and subtidal
colonization and spread through natural reseeding will probably occur. kith regard to other species, however, including such highly important species as cordgrass (Spartina foliosa) and eelgrass (Zostera marina), such colonization
is not likely to occur. In the case of cordgrass, the nearest population is in Mission Bay, over 30 miles to the south of the project site. Cordgrass is not anticipated to colonize over such large distances uithin the near term. Similarly, no local sources of eelgrass with the potential to colcnize BatiQuitos are available. Any direct revegetation of the dredged area with cordgrass or eelgrass would only occur after completion of the project and, 2s Otiginally proposed, the expense of revegetation would be born by the Department of Fish and Game. No time-frame for the possible comencement of revegetation has been set forth. as the revegetation was not considered to be part Df the original proposal.
In response to the Comnission's initial concerns over the failure to provide a revegetation plan, the project proponents have submitted a draft revegetation plan for the lagoon. mitigation of impacts to existing salt marsh areas, but also an experimental Planting program for eel grass and cordgrass.
Given that all the habitat
None of the other
10 5 habitat values. Ho additional restoration of habitat values is proposed, and,
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This revegetation plan incorporates not only the b The draft plan discusses
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potential donor sites, methods of collection, storage and transplantation, and
proposes to establish pemnent quadrats for revegetation monitoring.
Special Condition #l has been proposed to require the submittal of a final
revegetation plan for the lagoon.
plan for the lagoon be.provided, to be revieued in consultation with the resource agencies. The revegetation plan would be Sn substantial conformance with the draft plans and would provide more than just the salvage and replanting of coastal salt marsh species that uas originally proposed.
The revegetation condition requjres the mitigation of all salt marsh vegetation impacted by the project to be mitigated at a ratto of not less that
4:7 of replacement area to area impacted. As currently proposed, the project will displace about seven acres of coastal salt marsh vegetation. Because coastal salt marsh is of such critical concern jn Southern California, because
coastal salt marsh is highly biologically productive, and because the long-term biological productivity of coastal salt mrsh replacement habitats
has not been widely demonstrated, the need for the greater than 1:l mitigation ratio is crucial. Furthermore, coastal salt marsh provides habitat for %elding's savannah sparrou, a State-listed endangered species.
This is not intended to discount the importance of providing replacement habitat for other habitat types disturbed during the construction of the
project. However, given the high biological productivity and its relative scarcity in Southern California, mitigation at a 4:l ratio for all coastal salt mrsh vegetation displaced is necessary to maintain the overall habitat value of Batiquitos Lagoon. In order to finally determine the amount of mitigation that would be required, a pre-construction survey of all coastal salt mrsh areas would be required under Special Condition #l(a).
In order to be considered an adequate or acceptable restoration project, the lagoon must also be protected from the types of impacts that have resulted in
degradation of lagoon resources and that have necessitated the restoration
proposed in this project. addressed in this restoration proposal, Batiquitos lagoon has been heavily impacted by sediment generated by development that has occurred upstream in the lagoon's watershed.
The importance of the impacts of sedimentation were acknowledged in the KOA, Which identified the restoration projects that were to be accomplished by the
Port of Los Angeles. Section X111.1.(4) defines the project as including the
Yconstruction of sediment control facilities including protection of the riparian habitat in Encinitas Creek drainage in order to control sediment in
Tfie Lagoon.' and approved by the Conrnission contained this as an integral part of the
overall restoration effort which has been eliminated in this proposal. Project, as submitted, ornits any proposals for sediment control, stating that construction of such facilizies would involve additional impacts to the
lagoon's wetland resources.
This condition.would require that the final
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In addition to the reduction in tidal prism
The HDA as entered 'into by the resource agencies and as reviewed
The
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In addition, the applicants have provided extensive information through consultant studies, complete with additional peer revieu, to demonstrate that
such sediment control facilities are not necessary. According to the submitted studies, the finer silts that are currently building up in the east
basin of the lagoon will be flushed from the lagoon system through the increased tidal action resulting from the project.. These fine materials stay
in suspension long enough for tidal flushing lo remove them through the
lagoon's proposed permanently open mouth.
significantly limits the ability of desilting basins or other sediment contro
structures to remove these materials prior Po their entrance into the' lagoon.
Even if these fine materials are removed by tidal flushing, coarse materials will still build up in the east basin of the lagoon. Currently, riparian
vegetation in the Encinitas Creek corridor traps many of the coarser sediments. In storm events, however. these materials can be washed down the creek and eventually add to the silt load in the lagoon itself.
Consultant studies have estirrated that, even with the permanent lagoon mouth opening. sediment will build up in the lagmn at the rate of 0.2 cm/yr. In anticipation of the deposition of these sediments in the lagoon, the proposed project includes overdredging to accomodate the anticipated sediment 'load.
At the time of the public hearing, additional testimony was given on the
ability of the proposed overdredge to effectively trap coarse sediments and on
the ability to effectively monitor and measure, in the short tern, the effectiveness of the overdredge.
meaningful measurements of siltation in the east basin of the lagoon in the
shDrt Tern. As such, attempts to monitor siltation occurring in the first five to ten years after the implementation of the project and provide remedial measures if the projected siltation rAtes are exceeded are not practicable. If longer tern monitoring (20 to 50 years) indicates that siltation rates are being exceeded, additional dredging may be required. The project, as designed. has anticipated that additional remedial dredging will be required
about 50 years after completion of the project. The Conrnission has endorsed similar overdredge and future maintenance dredging at Buena Vista Lagoon in
CDP $6-82-213 (Department of Fish and Game).
Given that the project has been designed to accomodate the anticipted sill loads and that construction of desilting facilities in Encinitas Creek would
require additional impacts to environmentally sensitive habitat areas, the Conmission finds that eliminating the sedimentation control facilities from the project uould not diminish the restoration component of the project
lhrough a failure to protect the lagoon from siltation impacts. As previously
stated, mathematical modeling indicate that the enlargement of the tidal prisr of the lagoon will provide adequate tidal flushing, and the Conmission finds that no additional protection is necessary. In addition, elimination of alterations to the existing wetland and riparian habitat values of Encinitas Creek will serve to avoid further conflicts with Chapter 3 policies.
finally, any project which proposes to enhance biological resources must include a n2nitoring program.
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There are no means available to obtain any I. *_
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restoration has indicated that such efforts cannot be assumed to be successful jn advance. For example, COP 6-86-534 (City of Carlsbad) required an extensive biological restoration/enhancement program along the south shore of %atiquitos Lagoon in exchange for limited fill for the widening of La Costa Avenue. the lack of successful mitigation has been identified by the required monitoring program. reports and requirements for additional restoration activities if the initial efforts are not successful, can insure that appropriate measures are raken if
initial efforts fail.
for this reason, Special Condition $2 has been proposed. This condition requires the submittal of a detailed monitoring program for the lagoon. Initially, 'as-built' plans and a tidal monitoring study must be submitted for the project indicating that, to the maximum extent feasible, the project as constructed matches the proposed stopes and predicted habitats. The strict
adherence to plan specifications is Critjca'l given the nature of the resources of the lagoon.
Similarly, the compilation of a data base of the lagoon provide both the infomation necessary to determine if the restoration action is, in fact, a success and also allow for the greatest flexibility determining appropriate
responses to failures in the restoration and revegetation of the lagoon. The restoration plan requires that a number of different types of wildlife habitat be treated, including tidal marine environment, shallow open water, non-tidal
At this point, the restoration cannot be considered Successful, and
Only an effective monitoring program, with frequent
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.- flats, coastal salt marsh and transition areas.
As stated above, Special Condition #2(a) requires submittal of as-built plans. performed, in order to determine the,actual areas that ui17 be inundated as a result of tidal action. It will also give depths of inundation. in order to
determine the actual area of each range of water depths. This will give good indications of the extents of each habitat type that can be expected upon revegetation of the lagoon. govern the requirements for monitoring of the revegetation of the lagoon. This includes annual monitoring reports addressing both those areas that are planted under the revegetation program as well as those areas that are
proposed to be revegetated through natural colonization. Special Condition #2(d) specifically addresses the need to achieve a 90% coverage performance standard, and provides for augmentation if the standard is not achieved.
Therefore, for the reasons siated above, the Batiquitos Lagoon Enhancement Project, as proposed, cannot be found consistent with Sections 30230, 30231, 30233 or 30240 of the Act. The special conditions are proposed to require revegetation and to implement a detailed monitoring plan. are Proposed to insure that the subject restoration plan is a true restoration
Project under the meaning of Section 30233 of the Act. Therefore, the CDmission finds that the subject restoration plan, as conditioned, is ronsisteril uith Sections 30230, 30231. 30233 and 30240 of the Act.
Special Condition #2(b) requires that a tidal monitoring study be
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Finally, Special conditions 92(c) and #2(d)
These conditions
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In addition, the tomission further finds that the proposed project meets the required legal standard for being the least environmentally damaging, feasibl alternative for the restoration of the lagoon. The special conditions have been proposed specifically to lessen any potential adverse effects of the proposed project.
Section 30230 of the Act requires that special protection be given to species of special biological significance. Batiquitos Lagoon provides habitat for three high interest bird species, the California least tern, the Belding's savannah sparrow and the western snow plover. The project as proposed provides for preparation of five least tern
nesting areas, and one location currently provides nesting area for western
snowy plover.
Batiquitos Lagoon provides quality habitat for California least tern nesting. In the past, houever, the closed lagoon mouth has resulted in the flooding of least tern nesting areas at the beginning of the nesting sezson. This has le to the periodic issuance of an emergency permit waiver specifically to reduce the water levels of the lagoon.
While the areas proposed to be provided will provide sufficient area for improved tern nesting, the timing of the preparation of nesting areas is critical, Construction of the project will result in different areas suitabl fortern nesting to be available at various times during the anticipated
construction period. The current construction schedule calls for portions of the east basin to be dredged during the California least tern nesting season
during the second year of the project. For this reason, the special conditions applied to the U.S. Army Corps of Engineers Section 404 permit uil require that a total of 20 acres of tern nesting area be provided during the first year of the project's construction, so that sufficient nesting area wi1 be provided during the second year's construction.
Special Condition #4 further requires this monitoring by a qualified wildlife biologist to insure that no nesting activity occurs in an area that has the potential for being subject to construction impacts. If such potential impacts are identified, the biologist will be responsible for identifying
appropriate buffers between the construction activity and the least tern nesting area.
The Belding's savannah sparrou is a State-listed endangered species that relies upon coastal salt marsh vegetation for nesting. Similar to California 'least tern nesting areas around the lagoon, the nesting sites of the Belding': savannah sparrow have been impacted by inappropriately high water levels during their nesting season. The mnagement of water levels in the lagoon
during The nesting season is critical to the reproductive success of this species. Special Condition 85 uould require uater levels to be maintained at a maximum of +6 ft. HLlW in the east basin during the nesting season. mY be introduced to raise levels to +6 ft. to accomnodate dredging only afrei
the CoWleiion of a nesting survey which indicates that no nest will be disturbed by water at that level. levels UDUld be manipulated through the temporary water inlet system to
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Based upon this nesting survey, water
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arcomnodate dredging while still avoiding the flooding of nesting areas. nanipulation of water levels has been performed in the past to facilitate nesting use of the salt marsh areas of the east basin, uhich Indicates that such manipulation of water levels can be employed uith success in this area in the future.
Through the application of these special conditions, the ability of these three sensitive species to find adequate, safe nesting area should be
insured. Therefore, the Conission finds that, subject to Special Conditions
NOS. 4 and 5, the subject proposal is consistent with Section 30230 of the Act and uith the requirements of the California Environmental Quality Act and that there will be no significant adverse impacts resulting from the project's
approval.
c. Batiquitos Lagoon Enhancement Project requires extensive construction staging areas. The use of inrater dredges places the additional requirement to provide dredge launch sites along the shoreline of the lagoon. The nature of the resources involved in the lagoon further complicate the siting of staging areas, including dredge launch ramps, in that the lagoon is ringed by areas that have been identified and mapped as wetland habitat.
The subject proposal involves a total of two launch ramps, one to serve the east and central basin and one ramp to serve the west basin, The central and eastern basins of the lagoon can be served by a single launch proposed to be located on the northern shore of the lagoon between Batiquieos Drive and 1-5. The second ramp is proposed for the area that will ultimately be incorporated
into a least tern nesting site on the north side of the lagoon between Carlsbad Blvd. and the railroad right-of-way. Both ramp sites will also be used as fueling stations for the dredges, with fuel storage areas located nearby.
Additional staging areas k'ill be located on the proposed least tern site adjacent to the park and ride lot and on the least tern site in the northeastern corner of the lagoon. Some staging is also proposed to occur on
the beach adjacent to the beach inlet jetty sites. adjacent to the east basin launch ramp, between the current shoreline of the 'lagoon and Batiquitos Drive.
Clearly, in order to construct a project that involves wetland restoration and, in particular, in-water construction and floating dredges, some access
through the wetlands surrounding the lagoon must be provided. In the case of
lhjs parlirular development, however, the total impact upon wetland areas appears too great to be acceptable. It is not possible to fully deternine the total amount of wetland area that will be impacted by the proposed staging aclivities, based upon the information provided in the final EIR/EIS, because that document only considered impacts to vegetated wetlands. However, it appears that non-vegetated areas that have been identified as wetlands during
the Planning of other, private development projects have been proposed for
stagins and/or access to the lagoon.
Construction Staqinq. A project of the size and complexity of the
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Staging will also occur
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The best example of this is the staging and lay-down area to be constructed in
the area located between Batiquitos Drive and Interstate 5. A wetlands
boundary determination was conducted for this site as part of the environmental review of a private development. The'site is also identified as a dredge launch ramp and construction staging area as part of the subject
proposal. Clearly, some impacts to wetlands in the area are inevitable to allow for the construction of the launch ramp. The Comnission finds, however, that the use of mapped wetland areas for construction staging 4s not an alloued use under Settion 30233 of the Act. where construction materials and equipment can be stored that ufll not have any impacts on wetland or other high-interest vegetative species.
for this reason, Special Condition #3 has been proposed. Special Condition $3 would require the identification of all construction staging areas and haul
routes for the review and approval of the Executive Director in consultation wlth the Department of Fish and Game, including review of the proposed areas in the field by Comnission and DFG personnel. material and equipment storage will not be allowed to occur in wetland areas, regardless of whether the areas are currently populated with wetland plant species. Construction of launch ramps and haul routes to the launch ramp site
may occur in wetland areas. but the total extent of disturbance must be
authorized impacts to wetland vegetation that result from the construction of
terms of Special Condition #I. This condition would also limit the amounts of construction materials available at the launch ramp sites to that needed for
one day's work and that the areas should be sized accordingly. Fuel and
lubricant storage at the ram2 site upuld also be limiled to 150 gallons to minimize the impacts of any fuel handling accidents.
Given this special condition, the total entroachment into environmentally sensitive habitat areas for staging areas will be limited to the minimum
amount which is necessary for the Construction of the project. construction staging for the subject project, as conditioned, is consistent
with Sestion 30231, 30233 and 30240 of the Act.
d. Disposal of Dredqed Haterjals. The subject development proposes to dispose of large quantities of dredged materials on the beaches northerly of the project site. While, ordinarily, the disposal of beach quality materials on area beaches would be considered desirable and would, in fact, be required of a development proposal, the proposed disposal of as much as 2.5 million cubic yards of dredged material raises questions concerning the impact of the
fm large disposal sites would be required to implement the project. small amount of sand would be placed on a recontoured cobble sill both north and south of the proposed jetty structures at the permanently open lagoon
mouth. As will be discussed in a later section of this report, the placement of sand at the jetties will have a beneficial impact upon recreation and will help 10 avoid detrimental effects upon littoral drift caused by the jetties.
There are numerous upland sites
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\ the launch ramps and haul routes must be revegetated as required under the
Therefore. the
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The major portion of the dredged materials uould, however, be placed on the beach at the Encinas Creek outlet. The neuly constructed beach would extend to a maximum of 550 feet seaward of the existing beach for a total length of
nourished beach of 7,300 feet (Exhibit 5). shown in Exhibit 6. The EXRIEIS for the proposed.project discussed potential adverse impacts resulting from the implementation of the disposal plan on the
beach area and imposed mitigation measures including the use of silt curtains and other measures to control uater turbidity, to reduce the impacts below the
threshold of significance.
As will be discussed in greater detail below, however, there remains a
necessary to transport sand to the nourishment site. Therefore, Special Condition $7 requires the submittal of the plans, in substantial conformance
with The beach nourishment plans previously submitted, for the transport of sand to the Ponto and Encinas Creek beaches. These plans must include the removal of all obstacles to beach access during the sumner months, including the removal of pipelines and pumps, if necessary. Only in this fashion can the Comnission make the necessary finding that the sand nourishment plan represents the least environmentally damaging alternative consistent with
Coastal Act policies.
Profiles of the proposed beach are
: potential for impacts to coastal access resulting from the construction
3. Effects on Shoreline Processes. Section 30235 of the Act states:
cliff retaining ualls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastaldependent uses or to protect existing structures or public beaches in danger from erosion, and when,designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing uater stagnatiDn contributing to pollution problems and fish kills
should be phased out or upgraded uhere feasible.
\ Revetments, breakwaters. groins, harbor channels, seaualls.
?he subject proposal involves a number of shoreline structures, including two new jetties to protect the mouth of the lagoon, and amoring of existing
bridge structures, uhere they cross the lagoon, to protect them from scour. The Conmission‘s greatest concern is over the proposed jetties.
k‘hile these jetties appear to be necessary to maximize the possibility of a pem’anently open lagoon mouth, jetties have long been documented as having adverse impacts upon the sand supply on northern San Diego County beaches.
for example, the jetties at Oceanside harbor have been determined to have contributed to sand loss on those beaches southerly of Oceanside Harbor.
In the case of the proposed j‘etties at Batiquitos Lagoon, no impacts to the natura1 sand transport system are anticipated to occur. jetties is limited to 170 feet. Past the surf zone, and the sand transport mechanisms will be relatively undisturbed. Jetties with sand, which will effectively negate any possible impacts upon
sand trznsport that they may have to the maximum extent feasible.
The length of the
At this length, the jetties will not extend
In addition, the project‘s sponsors have proposed to load UP the
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the jetties will not function as sand traps, since the area where sand would potentially be trapped uill, by design, be pre-loaded uith sand.
7he annoring of the bridge structures mere they cross the lagoon is also governed by Section 30235 of the Act. houever, the armoring is proposed to protect existing structures from the
increased scour that is anticipated if the project is successful in increasir the tidal action in the lagoon. At this time, however, the final plans for - the proposed structural improvements have not been submitted for Comission
review and approval. Special Condition #6 has been proposed to require that final plans for the structures that are in substantial conformance uith thosc submitted with the application be submitted for the Executive Director's revieu and approval. If, after this review, it is determined that the plans substantially deviate from the preliminary plans, a neu permit Or permit
amendment may be necessary.
The plans as currently submitted, however. appear to be consistent uith the provisions of applicable Coastal Act policies. Therefore, since the propose1 shoreline structures are proposed as part of the overall restorative effort and are proposed primrily to protect existing structures, the Conmission
finds that the subject proposal, as conditioned, is tonsistent with Section
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4. Publjc Attess. Section 30604(c) of the Act requires that a specific
public access finding be made in conjunction uith any development located betueen the sea and the first public roadway. In addition, Section 30272 of
Development shall not interfere uith the public's right
of access to the sea where atquired through use or legislative authorization, including, bur not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
The subject pro?osal, by the nature of its construction. will present barrie
To public access both during the construction period and after the completio of the project.
beach will be eliminated for the construction of the permanently open lagoon mouth and the proposed jetties. Carlsbad 31vd. will be eliminated during the demolition of the old west Carlsbad Blvd. bridge and uill not be provided again until completion of the sonstrustion of the west Carlsbad Blvd. bridge. Beach parking area southerly of the Carlsbad Blvd. bridge uill be fully or Partially blocked by construction activities during part of the construction Period. Finally, lateral access along the beach will be permanently eliminated as a result of the opening of the lagoon mouth.
The permanent access loss along the shore7ine will be mitigated by the construction of pedestrian and bicycle lanes on the west tarlsbad Blvd. brid
as Proposed by the applicants. Mile the bridge crossing will qualitatively differ fro3 the current beach crossing, the shifting of the pedestrian acces 1 ~ 10 The bridge is an unavoidable by-product of the open lasoon Eotlth. Rhile
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The fomission would prefer to avoid the elimination of lateral access along the shore, the Comnission ffnds, on balance, that a restored lagoon, with alternate access provided, wi 11 allow adequate public access consistent uith Section 30211 of the Act. Given that the goal of the project is the permanent opening of the lagoon mouth, there are no feasible alternatives available under the meaning of the California fnvironmental Quality Act that would allow
the project to be implemented while Still allowing for continUouS lateral shoreline access.
Uany of the construction period access barriers are also unavoidable.
the period of construction of the west Carlsbad Blvd. bridge, there will be periods where there is no safe pedestrian and/or bicycle access along the shoreline or along Carlsbad 3lvd. Special Condition #8 will require the applfcants to submit a detailed schedule for the construction of the project,
uith special emphasis on identifying the periods when access to or along the beach, particularly pedestrian and bicycle access, in the area of Ponto State Beach will be abridged. The condition further requires that the schedule be formulated to avoid such barriers to access during the period of Hay 1 to September 1 of each year. Since this time period coincides with California least tern, western snouy plover and Belding's savannah sparrow nesting, there is even greater purpose to limiting Construction activities during this period.
Given the special condition, the barriers to public access that are inherent in this project will be reduced to the maximum extent feasible. Therefore, the Coxnission finds that the subject proposal, as conditioned, is consistent
with Section 30211 of the Act.
Finally, since the ounership of significant portions of the lagoon is held by the State Lands Conmission, some additional control over public trust lands is essential. Special Condition flO provides for confirnation that any permits, leases or other approvals required by the State Lands Commission have been obtained prior to the issuance of the permit.
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5. Archaeoloqical Resources. Section 30244 of the Act states:
k'here development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Office, reasonable mitigation measures shall be required.
Archaeological and paleontological resources have been identified in the area
surrounding the lagoon. construction of access roads,.construction of staging areas and the dredging
of the lagoon as potential significant impacts to paleontological and archaeological resources. In addition, the beach nourishment component of the Project my have significant impacts upon archaeological resources.
An arch?!eological mitigation program has been proposed to identify, avoid and, if necessary, salvage archaeological resources as a mitigation measure during *he cE& review of the Project.
- been cDn5Lt::ed around the lagoon, identifying fourreen cultural resource sites
The EIR for the project has identified the
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At this time, archaeological surveys have
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and seven geologic formations within the imnediate area which have been found
Given the proposed mitigation program, the impacts of the proposed access and staging construction and the dredging of the lagoon should not be
significant. proposal, as conditioned, is consistent with Section 30244 of the Act.
6. total Coastal Planninq. Sections 30170(f) and 30771 of the Coastal Act uere special legislative amendments which required the Commission to adopt and jmplement a Local Coastal Program for portions of the CIty of Carlsbad and County islands prior to specific statutory dates. located within the jurisdiction of the City of Carlsbad's Local Coastal Program (LCP) East BatiquitosAiunt Properties, West Batlquitos Lagoon/Samis Properties and Hello I1 segments. .
goth LC? segments recognize the value of 'the wetlands of Batiquitos lagoon. In each LCP segment, the lagoon area 3s designated *open space: each contains specific policies limiting the use and development of the wetland area to those uses allowed under Section 30233 of the Act, including restoration of the lagoon.
associated upland development, including trails, as an allowed use for the
lagoon.
As stated in the findings above, it is not possible to find that the project,
Att. esrablistment of either marine resources or coastal salt marsh vegetation. The project also proposes staging areas that would impact coastal resources without adc'itional mitigation. In sum, the project as originally proposed
would not be consistent uith the applicable land use designations and policies
"lth the special conditions that have been proposed, however, the project will reduce the impacts to the lagoon system to the maximum extent feasible while enlarging the tidal prism above the target level for the restoration to be most effective. The special conditions also require the type of revegetation plan that would result in a true restoration effort, and would reduce the
staging areas that could, potentially, impact lagoon resources to the minimum number and size required to construct the project. conditions, the Comnission finds that the subject proposal is consister: with the terrified City of Carlsbad LCP.
STANDARD CONDITIONS:
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1 Therefore, the Comission finds that the subject development
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In addition,
The Uest Batiquitos Lagoon/Samnis Segment
The project, as proposed, does not provide revegetation to promote the
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Notice of Receipt and Acknouledaement. development shall not comence until a copy of the permit, signed by the Permittee or authorized agent, acknowledging receipt of the perrrjt and
The permit is not valid and I.
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acceptance of the terms and conditions, is returned to the Comnission
off ice,
2, ExDZration. If development has not comnenced, the pemdt uftt expire two years from the date on uhith the Comnission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. be made prior to the expiration date.
proposal as set forth belou. be revieued and approved by the staff and may require Comnission approval.
4. Interpretation. Any questjons of intent or interpretation of any condition vi11 be resolved by the Executive Director or the Comnission.
5. Inspections, The Cornissfon staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notite.
6. Assionnent. assignee files uith the Comission an affidavit accepting all terns and conditions of the permit.
7. Terns and Conditions Run uith the Land. These terms and conditions shall
be perpetual, and it is the intention of the Cmrnission and the permittee
to bind all future Omen and possessors of the subject property to the rems and conditions.
Application for extension of the permit must
3. Compliance. All development must occur in Strict compliance uith the
Any deviation fromthe approved plans must
The permit my be assigned to any Qualified person, provided
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CALIFORhlA DEPARTMENT
OF
FISH AND GAME
B A GREEhlENT
APPENDIX
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CALIFORNIA DEPARTMENT OF FISH AXD GEiME
330 Golden Shore, Suite 50 Long Beach, California 90802
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Notification No.5-096-93 Page 2 of 7 .
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, I Department of Fish and Game, hereinafter called the Department, ar John Cahill of Citv of Carlsbad , State of California , hereinE
called the Operator, is as follows:
WHEREAS,pursuant to Section 1600 of California Fish and Game Coc
the Operator, on the 17th day of February , 1993, notified the Department that they intend to divert or obstruct the natural flot; or change the bed, channel, or bank of, or use material from the streanibed(s) of, the following water(s): Batiauitos Lasoon , San C County, California, Section 33,34.35 Township 12s Range 4W .
WHEREAS, the Department has determined that such operations may substantially adversely affect existing fish and wildlife resource including: all aauatic resources and wildlife in the area.
THEREFORE, the Department hereby proposes measures to protect fi: and wildlife resources during the Operator's work. hereby agrees to accept the following measures/conditions as part
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The Operator
If the Operator's work changes from that stated in the notificati specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game Failare to comply with the provisions of this Agreement and with o pertinent code sections, including but not limited to Fish and Gam Code Sections 5650, 5652, 5937, and 5948, may result in prosecutio4
Nothing in this Agreement authorizes the Operator to trespass on
land or property, nor does it relieve the Operator of responsibilil for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Departmenl Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies
This Aareement becomes effective Januaw 1, 1994 with the DeRartmer sianature and terminates January 1, 1995 for Droiect construction onlv. This Asreement shall remain in effect for that time necessal to satisfy the tenns/conditions of this Asreement. I. I
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Page 2 of 7
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-096-93
1- The following provisions constitute the limit of activities agrf to and resolved by this Agreement. The signing of this Agreement dc not imply that the Operator is precluded from doing other activitie: at the site. However, activities nct specifically agreed to and . resolved by this Agreement shall be subject to separate notificatioi per Fish and Game Code Sections 1600 et seq.
2. The Operator proposes to alter the streambed to construct a tid, inlet structure and dredge the lagoon to create/enhance subtidal ani intertidal zones for tidal flushing, while not adversely affecting wildlife habitat and vegetation resources. Approximately 4 million cubic yards of dredged material will be relocated, iiapactins an are, of up to 381 acres within the 596-acre project site.
The plans include: construct nesting sites for California least ter: dispose dredged lagoon sands on Encinitas Creek Beach and Batiquito Beach to restore sand depletion; replace West Carlsbad Boulevard Bridge and protect the 1-5, railroad and East Carlsbad Boulevard Bridges; install a pedestrian/emergency vehicle access over the proposed tidal inlet; and construct a jetty up to 300' in length fo the West Carlsbad Boulevard Bridge.
3. The agreed work includes activities associated with No. 2 above The project area is located in Batiquitos Lagoon in San Diego Count: Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including IfBatiquito Lagoon Enhancement Project, Mitigated Alternative B", described in Final Environmental Impact Report/Statement #88080328, dated June,
1990 and the Moffatt and Nichol Summary report. The area restored as follows: 148 acres of subtidal area below -1.6 ft. MLLW; 144 ac. of intertidal flats between -1.6 and 3.9 ft. MLLW; 98 acres of low marsh between 3.9 and 5.4 ft. MLLW; and 38 acres of sand flats. Thc plan shall be implemented as proposed unless directed differently b: this agreement.
4. The Operator shall request an extension of this agrzement prior its termination. Extensions may be granted for up to 12 months fro1 the date of termination of the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 Office at the above address. If the Operator fails to request the extension prior to the agreement's termination then the Operator shall submit a new notification with fees and required information to the Department.
Any activities conducted under an expired agreement is a violation 1
Fish and Game Code Section 1600 et. seq. The Operator may request 1 to-a maximum of 4 extensions of this agreement.
5. This agreement shall not be valid until the Operator submits th{ fees due of $966 to the Department. The fees shall be submitted within 90 days of signing this agreement.
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STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUM3ER: 5-096-93
6, The Operator shall submit final design drawings for Department review and approval prior to initiation of any project constructio The designation of final access routes shall be included in the drawings.
7, This agreement replaces the previous Notification 5-657-90.
8, Proof of all Army Corps 404 permit extensions/amendments shall submitted to the Department within 60 days of receipt. conditions under the Army Corps 404 permit # 88-217-EW, and any extensions/amendments, shall be enforceable by the Department unde this agreement. However, the conditions of the Army Corps 404 per
shall not supersede this agreement.
9- The Operator shall implement a pilot planting of eelgrass and cordgrass, and salvage and reestablish all impacted pickleweed (to greatest extent possible), as described in the Draft Revegetation Plan, dated February 27, 1991, developed by Dr. Michael Josselyn.
10. Department review and approval prior to initiation of any project construction.
11. The Operator shall create California least tern nesting sites totaling a minimum of 32 acres at 10 feet MLLW (minimum sizes are:
= 2.1 acres; W-2 = 3.5 acres; E-1 = 15.8 acres; E-2 = 6.0 acres; E
3.0 acres).
12. These sites shall be prepared according to the guidelines by R Department, USFWS and the U.S. Army Corps 404 permit.
acres of these sites shall be available for nesting between April and September 15 of each year during the project unless released 1 earlier by the Department. available again prior to the next nesting season. N 13. During the construction periods, an area of the lagoon equal the West and Central Basins shall be available/suitable as determi by the Department and USFWS between April 1 and September 15, for foraging by the least tern. Foraging area may be relinquished for u temporary construction-related uses prior to September 15 if nesti
activity has ceased and uDon concurrence of the Demrtment and USF Breaching of the lagoon, or some other acceptable means of introdu 1 ocean waters to the to the foraging area, shall be carried out Pri
to each nesting season.
14.
bridge construction, upgrades, or any other activity) from April 1 L Septeirber 15. Pile driving mav be allowed if nesting activity has 1 ceased and upon concurrence of the Department and USFWS.
All terms
The Operator shall submit a finalized Revegetation Plan for I
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These sites shall be prepared and
The Operator shall not conduct pile driving (associated with
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STmAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-096-93
15. California least tern biologist to monitor the least tern nesting during the construction period. The biologist’s duties shall incluc
1. coordination with the construction monitoring team; 2. monitor nesting and fledgling success of snowy plover and least tern in Batiquitos Lagoon; 3. provide an educational program for constructic workers to identify the least tern, their nests, restricted areas ar
activities, actions to be taken if least terns are found nesting outside the designated least tern nesting sites,
provide for predator control as required prior to and during the le; tern nesting season during the construction period.
16. area, the Operator shall cease work immediately in the area and not the least tern biologist immediately. The least tern biologist sha. coordinate with the Department and the USFWS to identify the appropriate buffering distance and protection.
17. The Department-approved least tern biologist shall monitor lea: tern nesting activities from April 1 to September 15 of each year. tern nesting is observed to occur in areas subject to construction impacts, all construction activity in the area shall cease until
appropriate buffers surrounding the nesting area are identified and provided.
18. eastern end of the East Basin within 100 feet of pickleweed areas tc avoid any impacts to Belding‘s savannah sparrow nesting. Water levt
in this area shall not exceed +6 feet MLLW from March 15 to August :
19. The Operator shall not take any threatened or endangered specif including California least tern, California brown pelican, snowy plover, and Belding’s savannah sparrow. Failure to comply is a violation of Fish and Game Code Section 2081 and may result in prosecution. all work and notify the Department.
20. program at Batiquitos Lagoon. monitoring plan for Department review and approval within two years and six months after project initiation and at least 120 days prior completion of project construction. It shall include spring nestin:
surveys for federally and state-listed threatened and endangered species.
The Operator shall provide a qualified, Department-approved
and trash control;
If least tern nests are found outside the designated nesting
The Operator shall not work from March 15 to August 15 in the
If any take occurs, the Operator shall immediately cel
The Operator shall conduct a long term biological monitoring The Operator shall submit a final
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1 24- Installation of bridges, culverts, or other structures shall
I. placed at or below stream/lagoon channel grade.
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- STREAMBED ALTEFUiTION CONDITIONS FOR NOTIFICATION NUMBER: 5-096-93
21. A monitoring report shall be submitted to the Department by J 1 starting the January after project completion. Monitoring shall conducted annually for the first three years, and again at years f
and ten, and will assess the restoration and enhancement effective in terms of birds, fish, invertebrates and vegetation. The respo of the organisms shall be evaluated in terms of regional as well a local factors. Photos from designated photo stations may be inclu
22, The Operator shall establish a maintenance account in accorda with Section 10, Project Maintenance Responsibilities, of the Batiquitos Interagency Agreement approved in November 1987.
23. Disturbance or removal of vegetation shall not exceed the lim approved by the Department in accordance with design plans.
disturbed areas shall be restored. revegetation of stripped or exposed areas with vegetation native t the area.
The
Restoration shall include the
such that water flow is not impaired per Department-approved final design plans. stream/lagoon channel grade and bottoms of permanent culverts shal
25. Structures and associated materials (including all equipment) designed to withstand high seasonal flows shall be removed to area above the high water mark before such flows occur.
26- The perimeter of the work site shall be adequately flagged to
prevent damage to adjacent riparian habitat.
27. Staging/storage areas for equipment and materials shall be located outside of the stream/lake/lagoon, 'with the exception of the two optional staging areas identified on the design drawings and the movement of the dredges to and from the work site.
28- adjacent to the stream/lake/lagoon shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.
29, Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream/lake/lagoon shall be positioned over drip pans.
Bottoms of temporary culverts shall be placed at
Any epipment or vehicles driven and/or operated within or
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STXEAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-096-93
30. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state.
Any of these materials, placed within or where they may enter a stream, lake or lagoon, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately.
31- No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream/lake/lagoon.
32- The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance.
33. No equipment maintenance shall be done within or near any stream channel, lake margin or lagoon margin where petroleum products or other pollutants from the equipment may enter these areas under any flow.
34- The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand.
35. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long Beach, CA 90802, Attn: ES.
36-
at any time to ensure compliance with terms/conditions of this Agreement.
/ The Department reserves the right to enter the project Site
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37. this Agreement if the Department determines that the circumstances 1 warrant. include, but are not limited to, the following: Failure to comply with the terms/conditions of this I Agreement. The information provided by the Operator in support of the Agreement/Notification is determined by the Department to be 1 incomplete, or inaccurate. When new information becomes available to the Department representative(s) that was not known when preparing the original
terms/conditions of this Agreement. The project as described in the Notification/Agreement has changed, or conditions affecting fish and wildlife resources change.
The Department reserves the right to suspend and/or revoke
The circumstances that could require a reevaluation
a.
b.
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I CONCUXRc"1JCE
(Operator's name) California Dept. of Fish & Game
d /,/.4/%3 AmLU r\ I30!95 1. (si @a natwesdd G &,$ate) (signature) (date)
/4w/u/4/ )&.7-7-'{S hJ4pL Environmental SDecialist I11
(title) c/rj OF GwlsbHD (title)
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CITY OF CAJXLSBAD
SPECIAL USE PERIIlIT
AKD
hlITIGATION MEASURES
APPENDIX D I.
51 CASE NAME: BAXQUITOS LAGOON ENHANCEMENT PROJECT i
CASE NO: SUP 90-9
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; 3. The proposed enhancemenr is consistent with rhe intent and purpose of Chaprer 21.1
of the Carkbad Municipal Code because the dredging reduces the potential for hru
flood hazard in the lagoon floodplain.
Tfie proposed enhancement is consistent with the Various elements of the General p1 I 4.
61
because it provides for the preservarion of natural resources in and around the lagoon a1
it follows the intent of the Pacific Rim Counuy Club and Reson Master Plan by conuolli
I the odor and ensuing year round water levels. 4
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3. An encroachment permit shali be ob&& prior to the commencemem of any corn
on Gry property.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission c
City of Carlsbad, California, held on the 18th day of July, 1990, by the following vote, to 1
AYES:
NoES:
Chairperson Schramm, Commissioners: McFadden, Erwin &
Holmes.
Conrrrissioners: Hall, Marcus & Schlehuber.
ABSENT: Kone. */
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SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
AmST: I
f I I 1~LJ2&-d&&,&~
htICHAEL J. H6LZMKLER
I PUYNING DIRECTOR 1
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00~11378
PC RESO NO. 3073 -3- i
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WHEREAS, pursuant to the provisions of the Municipi
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23;
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31 4. Mitigated X maximizes the amount of dreeged
(that would be available for nourishment of the regions 3evc
4 j eroded coastline.
6 51 Engineers of the California Coastal Commission it is Qeterm
that alternative Xitigated A cannot be permitted, then the
Council finds that Hitigated Alternative B is
'I I ' the need for further review by the City Council. Subject to
foregoing, 6ection I3 of Planning Commission Resolution No.
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Section 4
MITIGATION MEASURES
MITIGATION PLAN
This mitigation plan is designed to be implemented in conjunction with the mitigatic
monitoring plan presented at the end of this section. Its purpose is to identijl mitig
tion measures that are available for implementation as part of the alternative projec
for enhancement of Batiquitos Lagoon.
The mitigation plan describes the measures that will be employed in order to minimi:
or eliminate each impact resulting from project implementation. These mitigatic
measures apply to all of the alternatives considered in this Final EIREIS except t'
No Action Alternative. Modifications to these mitigation measures might be made f
the alternative that is uItimately selected.
The mitigation measures in this plan address the three stages of project constructior
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Preconstructjon planning and site. preparation Construction activities
Post-construction activities associated with termination of construction
?he level of detail of this plan is consistent with the present level of detail of the pr-
ect construction plans, which are still being developed. As construction plans are ma
final, site-specific modifications to this plan might be warranted.
As the lead agency, the City of Carlsbad wiIl be responsible for managing irnplemens
tion of the mitigation plan. The City will exercise its responsibility through a Mitigati
hlonitoring Group. The Mitigation Monitoring Group will implement the plan and v
be responsible for its monitoring and documentation in accordance with the mitigati
monitoring pIan described in this section of this Final EIREIS.
The Draft EIWIS identified significant ,or potentially significant impacts in nine 6'
era1 resource areas. Table 4-1 lists the resource areas and summarizes the relevant j
pacts. The mitigation measures associated with each impact are identified by numl
in Table 4-1 and described in detail in the text of this plan.
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Table 4-1
Summary of Impacts and Mitigation
Ressrurr ArrJphac Impwt Mltlptlon’ EllUtivmaS Rerldual Impact
sTRumRE5 Drdging Impacts on 1AlB. ?he mcasurcs asentially No rtsidual impact.
Bridges 1CID. minimize the &ana of
Hazardr to Utilities 4 The risk of damage to the No reridual impact. From &a&
Nourishmenr
23 StNCIUml hilUIC.
outfall wiIl k minimired.
WATER OUALlTy EfTccu of Dredging ’ 5,6 Suspended solids will Residual impact is
on Water Quality mntinuc io have a localized significanl, unavoid- able and rhon-term.
Water LNcl 7.8 A nrariy consunt water 1-1 No midual impan.
Fluctuations
impact on wa:m quality.
will be maintained in the
lagoon.
Raidual impact is not Impacts From Soil 9.10. Suspended Iolids will
hion . 11.12 continue lo havc a localiztd significant, unavoidable. and
shon-tern. impact on water quality.
Fuels and Lubricants 13,14. Thc Iikeiihood of spills of Raidual impact is no1
in Lagoon Watcrs 15.16 fuck and lubricants will be significant.
minimized. as will the impacts or spills that might occur.
Ncanhorr Oaan 17 The physical mcasura taken Raidual impact is not
Turbidity to control iunolf should significant.
minimize acss turbidity.
Encina Wwrp 18 The mcasura should No raidual impact.
Compliana Smtu eliminate the potential impact
on the Encina U?vTp
compliana statu.
Rbk of Encina 4 The risk of damage lo thc h’o raidual impact.
UWTP Outfall
Failurc
Fucls and Lubricants 13.14. The likelihood of spills of Raidual impact is not
in Occan Watcn 15,16 fucls and lubricants will be significant.
outfall will be minims.
minimired. as will the impam
of spills that might occur.
AIR 0UALn-Y Equipmcnt Pollutant 19 Compliana with the Air Raidual impacl is not
significant. Emissions Pollution Con:rol Dirtrict
permit conditions will
minimize the air quality
impaccs from pollulani
emissions.
Fugitivc Dust 20 Adherence to ;hac mcasurcs Raidual impact is not will minimize fugitive dust significant.
and other paniculate matter.
ah’U~~m der 10 mitigation masum d&W in the ta or this xction. p. 1 of 4
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1 Table 4-1 Summary of Impacts and Mitigation
Raoprrc Mhru
FISH AND
WllDL1F-E 1
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Loss of coastal salt 21.22 Salvaging mtlands vegetation Rcsidual impact is no Marsh is I nw, acpaimcnul rignifimnt. 8ppFX1ch; SUcftll h Dot
guamnlcul. To the cncnt
Umt transphution is SUC-
clcrrfuf the impa of constnrdion on the avian
marrh babiut will be minimal.
tagmn Aquatic 5.6 Suspcndd solids will Residual impact is no1 Raourm continue to havc I local significant and is un-
r Table 4-1
Summary of Impacts and Mitigation
Resource Mhrv Impact MItk.l)on' mccthenas Residual Impact
CULTURAL W of Palcontolog- 34 Construction of ~COCEI roads No raidul impac~.
RESOURCES ial Rao- and crrging axmu And hgooa ddging should have an
insignificant cfftct on paleon-
1olOgicaI reEourm
RECRUTION
TRA.SPORTATION
A\D CIRCULATION
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PUBLIC HEALTH
AKD SAFETY
No residual impact. Lass of PrrhitOriC 35 carrful MmgCUlUlt8nd
and Historic Archae- monitoring of the onsite
minimize the project's
impacts.
ological Raourca atltural rcsourm will
Residual impact is
able, and shon-term.
Recreational Use of 3637 Dredging and grading will
Lagoon have an insignificant effect on significant. unavoid-
rcgional birdwtching, but a
significant, unmitigated visual
impact rill remain.
Beach Usc 3839 Beach nourishment will not Raidual impact is
have a significant impaa on
regional beach ust or water
spons activiry in the South
Carisbad Beach am.
significant, unavoid-
able, and shon-tern.
No residual irnpacl. Lateral Acms Along 38,40,41 lmplcmcntation of the
Beach mitigation masums will
significantly ducc &c'accas
iuua and pmvide for
emergency atms along rhe
beach.
Trucking of dredge Tmftic Impaa of 42 The mitigation will be
Trucking Ddgcd cffeaive in reducing mffic- materials rill have
significant shon-tern Uaterial and
Replacing and enend the construction residual impact.
RchabiliLating period ty 25 io 50 percent, Bridge construction
Carlsbad Boulmard depcnding on the numkr of impacts art not
Bridga truck3 used. significant.
Noix Generated by 43 Adherence to the no& Raidual impaci is nor
Construction compliance plan will reduce significant and 0
Advitia noise impacts, but elmated unavoidable and shon-
rclated impacts. but will
DO& lcvels from dial tcm.
ddga and tmck cannot bc
mmpletcty eliminated.
Hazard to Public in 44 Public accrss ro the No residual impact.
Construction Arcas constmuion rite will be
limited. rhexby reducing the
potential for threats to public
health and safcly.
1 al.;urnbcrs refer lo mitigation masuns dcrcn'bcd in the tm of ibis seaion. p. 3 of 4
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Summary of Impacts and Mitigation
Residual hpd
Occan and Lagoon 4S,46.47 If Sagoon water k con- No residua! impact.
hrdr
Reso-Anrrphv ImW Mlllgllon' 1 Esredvenas
Water Quality 1.minated, relare of the
WIQ from the lagoon to the
occan cannot k inhibited and
contaminstion of log1 occ~ll .
water will occur. Adhema 1 1 to the mitigalion rntlfufe5
will determine the Qltent of
and ail! pmttecl beach users.
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POST-
COXSTRUCTION
RESMRATION
AND
\TRIFl CATI 0 N
No ~idual impact. Restriction of taicral 41 I Implementstion of the Acms mitigation medJufe5 will
significantly redua the ~COQS
kua and pdde for
crnugency a- along the beach.
These measures will effenivety ndua the
potential hazard to small
boats.
Haz2.rdow surf 49 Pasting the area near the
Conditions Near channel and lifeguard
Jetties cnforamcnt will ndua the
No raidual impact. Sdiafi' Safety 48
No raidual impact.
inddena of unsafe Baler
activities.
S0,Sl. The visual and environmental No raidual impacL.
5u3 impacts of constmaion
sragiog, fuel storage, and
accrss areas wiU be virtually
eliminated.
It is anticipated that various resource management agencies may assign additional miti-
gative measures to the project as part of their respective permit authorities over activi-
ties associated with project construction. In order to incorporate these potential future
measures or permit conditions within the following mitigation plan, an Environmental
Quality Assurance Plan will be prepared. This plan will incorporate the measures
prescribed in this mitigation plan, other measures assigned by permitting agencies, and
other recommended measures suggested by participating agencies during preconstruc-
tion consultation.
PRECONSTRUCI'ION PLANNING AND SITE PREPARATION
An important mitigation measure for several resources is the timing of construction
activities to minimize the extent of disruption and to avoid critical time periods (e.g.,
California least tern nesting season). Also important is continuous monitoring of con-
struction to ensure that significant resource elements are not inadvertently damaged or
destroyed (e.g., archaeological sites or specific areas of vegetation). Preconstruction
mitigation measures will consist of (1) planning meetings attended by the City of CarIs-
bad and the Mitigation Monitoring Group, and (2) preparation of sites where mitiga-
lion measures will be employed during construction.
Planning hleetings
Planning meetings will confirm the lines of communication and authority established by
the monitoring plan; confirm construction schedules developed to minimize impacts on
water quality, biota, air quality, and recreational uses; and develop specific procedures
for construction monitoring activities identified in the monitoring plan.
Site Preparation
Site preparation will include delineating areas to be protected during construction and
ensuring that staging and construction areas conform to the requirements of this mitiga-
tion plan. Areas to be designated are:
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0 Beach Disposal Areas. Engineering field studies and staking will identify
the Encina Wastewater Treatment Plant ("WIT> wastewater outfall
location, and notices and fencing will be installed to protect public safety.
Sensitive Areas.
marsh, brackish marsh, woodlands, and identified mitigation areas that
are not to be dredged, covered with fill, or disturbed by construction
equipment movements. Areas containing known archaeological and pale-
ontological sites will be located, and approved work areas will be deline-
ated onsite.
0 Staking and taping will identify areas of coastal salt
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Construction Zones. Staging areas, access roads, and fuel storage an(
transfer areas wiIl be identified. Topsoil stockpiling techniques will bc
developed and implemented, road and staging or storage area surface Will be delineated, and berms, dikes, and retention basin locations will bc
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COh'STRUCIION ACIIVITIES
Measures to be followed during project construction will minimize impacts caused b
equipment operation, removal of existing elements (e.g., soils and vegetation), an
other alterations to existing conditions (e.g., beach nourishment activities). Some mit
gation measures are used more than once.
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I StructuraI Impacts
Impact: Hazards to Bridge Foundations and Gas Pipeline. Dredging around the fool
ings of the three bridges across the lagoon and near the existing gas pipehe under th
West Basin could threaten the integrity of those structures. Erosion from water move
merit past newly exposed foundations could also threaten the bridges.
Mitigation
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Protective measures shall be implemented to minimize the risk of failux
of structures and utilities within the project area. Specific measurf
include:
k The 1-5 bridge foundations shaIl be protected from erosion 1:
rock protection and liners pursuant to the requirements c
Cal trans.
The ATBrSF railroad bridge pilings shall be reinforced with later:
bracing and the pilings protected pursuant to requirements of rh
owner.
The West Carlsbad Boulevard bridge (southbound) shall b
replaced.
The East Carlsbad Boulevard bridge (northbound) shall be prc
tected from erosion by rock protection and liners pursuant to tk
requirements of the City of Carlsbad.
Dredging and construction in the vicinity of the bridges shall be mor
tored and inspected by qualified personnel to provide early warning '
potential threats to those structures.
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3. Prior to dredging, the existing gas pipeline shall be relocated as necessary
to a suitable locatjon.
Effectiveness
These measures will effectively minimize the threat of structural failures and of
accidental damage to the bridges and pipeline. No residual significant impact is
expected.
Impact: Hazards to Existing Utilities During Beach DisposaWourishment. Beach
disposal/nourishment activities could rupture or damage the Encina wastewater outfall
pipe.
h$ it i ga t i on
4. Deposition and relocation of sand on the beach shall be monitored tc
ensure compliance with the guidelines for depth of placement and equip
ment loads, as established by the final engineering studies. Preconstruc
tion staking and fencing around the outfa11 shall be inspected regularly t(
ensure proper identification of the outfall location.
EffectiLfeness
The risk of damage to the outfall will be minimized. No residual significan
impact is expected because construction activities will be closely monitored b
supervisory personnel.
Water Quality Impacts
Impact: Dredging Effects on Lagoon Water QuaBiQ’. During lagoon dredging, ther
uill be an increase in suspended solids concentrations, which might lower dissolve
oxygen concentrations and raise turbidity and nutrient concentrations in the lagooi
These water quality changes could have significant impacts on aquatic organisms, bird
and the aesthetic quality of the lagoon. The Central Basin, which Will receive fine sar
2nd silt from East Basin dredging, will be most affected, whereas the West Basin, whir
is mostly sand, will be least affected. The duration of this effect will be limited
periods of project dredging and will cease within a short time after the termination
dredging activities. This impact is considered to be short-term.
Mitigation
5. Hydraulic dredging, which produces less suspended solids than mechaI
cal dredging, shall be employed throughout the lagoon as feasible.
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! 6. Dredging operations shall employ silt curtains (a sheet of fabric SI pended from a floating boom) whenever they will effectively reduce c
cess turbidity. Other methods recommended by the U.S. Anny Corps
Engineers to limit sediment resuspension may also be employed (SI
Raymond, 1984).
I .’ I Effectiveness
The impacts on dissolved oxygen and turbidity from dredging will be conside
ably less than would occur without these measures. Low dissolved oxygen ai
excess turbidity wilI not be eliminated, and suspended solids will continue
have an impact on water quality and the appearance of the lagoon. That impa
will be temporary; the water quality will improve upon opening of the tid
inlet. A residual, unavoidable, short-term adverse impact on lagoon wat
quality is expected. This impact is considered significant.
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Impact: Lagoon Water Level Fluctuations. Hydraulic dredging involves the pumpir
of dredged material out of the lagoon in a slurry of lagoon water and sediment. Th
could lower the water level in the lagoon and thereby intensify changes in watc
quality. Hydraulic dredging of the East Basin might also require raising the water lev
for dredge access. This could inundate existing Belding’s savannah sparrow nestir habitat.
Xli t igat ion
7. IVater levels in the lagoon shall be maintained by pumping seawater in1
the lagoon to replace the water removed in the dredge slurry and, PO.
sibly, by a water control structure, such as a weir. The required wate
level elevations shall be determined in coordination with appropriat 1 resource agencies.
1 8. Water levels in the East Basin shall not exceed 6 feet MLLW durin
Belding’s savannah sparrow nesting (March through July).
Effectiveness
This measure will maintain appropriate water levels in the lagoon. NO residuz significantly adverse impact is expected.
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Impact: SoiI Erosion. Slope grading could increase turbidity and dissolved solids ir
the lagoon water as a result of surface water runoff or fugitive dust from exposed soils
These increases could adversely affect water quality, birds, aquatic organisms, and thc visual quality of the lagoon. I.
4-9
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Mitigation
9. The project alternatives currently being considered shall result in a signif-
icant area of slopes gentler than 1:lOO. This design element will mini-
mize the loss of soil from surface runoff.
Because most grading activities will occur during the rainy season, berms
shall be built to impound runoff and prevent turbid water from entering
the lagoon. Where sediment-laden runoff from access roads and staging
pads could enter the lagoon, berms shall be built to impound the water
before it reaches the lagoon shoreline.
As fine a spray of water as possible shall be used to control fugitive dust,
in order to prevent pooling of water and runoff into the lagoon.
Site-specific erosion control plans shall be prepared for all staging areas,
access roads, fuel and storage areas, and other improved areas related to
project construction, and shall be approved by the City of Carlsbad.
10.
11.
12.
Effectiveness
Turbidity from surface water runoff will be reduced considerably below levels
that would occur without these measures. Erosion-related turbidity will be mini-
mized; however, other sources of turbidity will continue to have an impact on
water quality and the visual quality of the lagoon. The impact will be temporary
and localized near the areas of grading. Residual soil erosion related turbidity
impacts are not expected to be significant.
Impact: Fuels and Lubricants in Lagoon Waters. The maintenance and operation of
dredging and earthmoving equipment, and the delivery and storage of the necessary
fuels and lubricants, could result in accidental introduction of fuel and lubricants into
the lagoon waters.
hli t i ga t i o n
13. The construction contractor shall develop a site spill prevention and con-
tingency plan and shall submit the plan to the City of Carlsbad for ap-
proval prior to the start of construction.
Construction equipment shall be maintained and operated to prevent oi'
and fuel leaks. To ensure that accidental leaks and spills do not spread
within the lagoon, dredges that are being fueled shall be surrounded bJ
containment booms, and tracked and wheeled vehicles shall be fuek
and lubricated only in designated fuel storage and transfer sites.
14.
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15. All storage and transfer sites for fuels and lubricants shall be surrounde
by berms capable of containing the entire volume being stored, shall b
paved with an appropriate surface to prevent spills from contaminatin local groundwater, and shall have adequate cleanup facilities onsite.
The construction contractor shall develop and receive approval fro1
appropriate agencies for a traffic control plan for the delivery of fue‘
and lubricants to the construction site.
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Effectiveness
Proper storage, maintenance, and operations procedures will minimize the like1
hood of spiils of fuels and lubricants, and implementation of the contingenc
plan is expected to minimize the risk and impact of accidental spills that migf
occur. Residual impacts are not expected to be significant. I
hwct: Nearshore Ocean Turbidity. Dewatering of beach nourishment material cou
increase the turbidity of nearshore ocean water. -
I Mitigation
17. Sand and cobble dikes and berms around the sand discharge area shs
be used as a means of controlling the direct discharge of suspended fir sediments into the ocean. Other measures required by the Califom
Regional Water Quality Control Board shall be implemented.
Effectiveness
The measures taken to control runoff will minimize excess turbidiv in oce2
waters. Residua1 effects on ocean turbidity are short-term and are not expecte
to be significant.
Impact: Encina UW’TP Compliance Status. Increased nearshore turbidity couId affe
the Encina WWTp’s monitoring program and permit compIiance status. Baseline co
ditions have been established by the WWTP’s existing long-term water quality monk ing program.
Mitigation
18. Suspended solids concentrations in the nearshore ocean shall be mor
tored during beach nourishment operations. Deviations from the bas
fine conditions that can be attributed to the nourishment operation sh:
be documented. I.
4-1 1
Effectiveness
These measures will account for the potential impact on the Encina WWTP’s
compIiance status. No residual significant effect is expected.
Impact: Risk of Encina WTP Outfall Pipe Failure. Breaching the Encina waste-
water outfall pipe by project construction equipment might result in the discharge of
effluent that could degrade nearshore ocean water quality.
Mitigation
4. Deposition and relocation of sand on the beach shall be monitored to
ensure compliance with the guidelines for depth of placement and equip-
ment loads as established by the final engineering studies.
Effectiveness
The risk of damage to the outfall, and hence to water quality, uill be mini-
mized. No residual significant effect is expected.
Impact: Fuels and Lubricants in Ocean Waters. Operation of earthmoving equipmen1
could result in the introduction of fuel and lubricants to the beach and nearshore ocean
waters.
Mitigation
13. The construction contractor shall develop a site spill prevention and con-
tingency plan, and shall submit the plan to the City of Carlsbad for ap-
proval prior to the start of construction.
Construction equipment shall be maintained and operated to prevent oi
and fnel leaks. To ensure that leaks and spills do not reach the beact
and ocean, tracked and wheeled vehicles shall be fueled and lubricatec
only in designated storage and transfer sites.
14.
- 15. All storage and transfer sites for fuels and lubricants shall be paved anc
surrounded by berms capable of containing the entire volume beiq
stored to prevent spills from contaminating the beach and ocean water
and they shall have adequate cleanup facilities onsite. All transfers 0‘
fuels and lubricants shall occur in these sites.
The construction contractor shall develop and receive approval frorr
appropriate agencies for a traffic control plan for the delivery of fuel!
and lubricants to the construction site.
16.
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I Effectiveness
Proper storage, maintenance, and operations procedures will minimize the li€
hood of spills of fuels and lubricants and will minimize the risk and impac
spills that do occur. Residual impacts are not expected to be significant.
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I Air Quality
Impact: Equipment Air Emissions. Air emissions (exhaust) will be generated by c
struction equipment such as diesel-fueled pumps and dredges, generators, graders,
workers’ vehicles.
Mitigation
19.
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The project wiIl be required to obtain an Authority to Construct Pel
and other required permits from the San Diego County Air Polluq
Control District (SDAPCD). ??le permit process will identify the p
ect’s potential air pollution sources and will include recommendations
control technology to achieve compliance with regulations of
SDAPCD and applicable air quality standards. Specific mitigation mt
ures required by the SDAPCD will be incorporated into the project. I
Effectiveness
Compliance with the SDAPCD’s permit conditions will minimize the air qu:
impacts from pollutant emissions. Residual impacts are not expected to
Impact: Fugitive Dust Emissions. Construction activities will generate fugitive dus
I significant.
I the project vicinity.
hlitieation
20. Onsite fugitive dust shall be controlled through the use of the follou
techniques:
Access roads shall be covered with compacted gravel or anot
appropriate surface.
Unpaved construction areas shall be adequateIy watered to con
dust.
Vehicle wheels shall be washed to prevent tracking of mud off!
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Any stockpiled soils or materials shall be covered with a suitable
vegetation or synthetic cover.
Effectiveness
Adherence to these measures will minimize fugitive dust and other particulate
matter. Residual impacts are not expected to be significant.
Fish and Wildlife
Impact: Loss of Coastal Salt Marsh. Exjsting areas of coastal salt marsh (pickleweed)
would be disrupted as a result of construction.
Mitigation
21. Areas of existing vegetated wetlands shall be avoided to the greatest
extent feasible during project construction, and construction shall not
disturb more than 10 acres of vegetated wetlands.
A wetlands restoration specialist, acceptable to CDFG and USFWS and
approved by COE, shall attempt to salvage the vegetation (primarily
pickleweed) on the project-affected areas of coastal salt marsh that have
been dredged, graded, or otherwise directly disturbed by project construc-
tion activities, and then transplant the plant materials to suitable areas or
make them available to other parties capable of transplanting them. The
techniques to be used shall be developed by wetlands restoration con-
tractors and scientists in consultation with participating agencies (see
section titled Mitigation Monitoring Plan, below). Stockpiling plant
materials might be necessary to coincide with the completion of dredging and grading.
22.
Effectiveness
To the extent that transplantation is successful, the short-term impact of con-
struction on the marsh and the associated bird fauna will be minimized; how-
ever, a short-term impact resulting from disturbing up to 10 acres of vegetated
wetland is unavoidable. This impact is not considered to be significantly
adverse.
Impact: Turbidity Impacts on Aquatic Resources. Construction will cause water qual-
ity impacts in the lagoon, such as increased turbidity, decreased dissolved oxygen, and
changes in salinity. Turbidity can affect aquatic animals by clogging feeding and respi-
ratory systems and can affect aquatic plants (algae and vascular plants) by reducing the
amount of available light. Dissolved oxygen concentrations in the vicinity of the dredge
might be reduced by the oxygen demand of newly exposed sediments.
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Mitigation
5. Hydraulic dredging, which produces less suspended solids than does IT
chanical dredging, shall be employed throughout the lagoon as feasiblr
Dredging operations shall employ silt curtains (a sheet of fabric si pended from a floating boom) whenever they will effectively reduce 4
cess turbidity. Other methods recommended by the U.S. Army Corps
Engineers to limit sediment resuspension may also be employed (s
Raymond, 1984).
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Effectiveness
Water quality impacts from dredging will be reduced considerably below w
would occur without these measures. Low dissolved oxygen and excess turbic
Will not be eliminated, and poor water quality might continue to have an imp
on existing aquatic resources and the wildlife that use them. This impact will
short-term and localized near the area of dredging; the water quality will :
prove upon opening of the tidal inlet. This impact is not considered to be sii
ficantly adverse because the existing aquatic species and infauna will be subj
to removal upon restoration of tidal action and the reintroduction of mar
water to the lagoon. The removal of these species is unavoidable.
Impact: Disturbance of Lagoon Fauna. The noise, vibration, and activity of hum
and machines will have an adverse effect on some of the lagoon’s animals, nota
venebrates. Sensitive birds might be discouraged from using the areas of the lagoo1
and near construction activities. In particular, the potential exists for the disruptior
nesting activities by birds.
Mitigation
21. Areas of existing vegetated wetlands shall be avoided to the pea.
extent feasible during project construction, and construction shall
disturb more than 10 acres of vegetated wetlands.
Lights located on equipment or on project lands shall be shaded
directed to specific work areas. Stray light to nonwork areas shall
minimized by shading.
Construction equipment and personnel shall be confined to the staj
areas and active construction areas, and all staging areas and acr roads shall be as small as feasible. Construction-related access rc
shall have locked gates to discourage public access.
23.
24.
I.
25. Designation of access routes shaIl be included in the final design drawings
and must be approved by CDFG and USFWS.
Effectiveness
These measures will minimize, but not eliminate, impacts of construction-related
disturbances. There will still be a short-term, temporary impact on sensitive
wildlife in the lagoon. Residual impacts are not expected to be significant.
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Impact: Disturbance of Nesting Behavior of California Last Tern. California least tern nesting activities in the lagoon could be disrupted by construction-related noise and
activity. Construction-generated water quality impacts in the lagoon and nearshore
ocean could affect foraging success by reducing visibility. The abundance of fish could
be affected by dredging and grading activities.
Mitigation
26. No piIe driving associated with bridge construction or upgrades shall
occur during the California least tern breeding and nesting season (April
to August). Temporary fences and bam'ers on the landward side of the
sites shall be erected around nesting sites before April; the design, loca-
tion and placement of these structures shall be approved by appropriate
resource agencies. AN temporary structures shall be removed after
August.
A qualified California least tern biologist, approved by CDFG and USFWS, shall monitor and manage the California least tern popuIation
and sites in Batiquitos Lagoon during the nesting season. The biologist
shaIl coordinate the Mitigation Monitoring Group and shall:
A.
27.
Monitor nesting and fledgling success of least terns in Batiquitos
Lagoon.
Provide an education program for construction crews as to the
identity of the least tern and their nests, restricted areas and activ-
ities, actions to be wen if least terns are found outside the desig- nated least tern nesting sites, and trash control.
Provide for predator control, as required, prior to and during the
least tern nesting season during the construction period.
B.
C.
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2.8. If California least tern nests are found outside the designated nesti
sites, all work in the immediate area shall be halted, and the least te
biologist shall be notified immediately. An appropriate buffer zone ai
protection shall be specified by the biologist in coordination with CDF
and USFWS.
During the construction period, an area of the lagoon at least equal the size of the West and Central Basins shall be available and suitable f
foraging by the least tern between April 1 and September 1. Breachi of the lagoon, or other acceptable means of introducing ocean water
the foraging area, shalI be carried out prior to each nesting season.
1.
29.
Effectiveness
Scheduling the dredging and grading activities to avoid the nesting season, cc
thuous monitoring of nesting colonies, reducing turbidity effects, and mainta,
ing relatively constant water levels will minimize the disturbance to CaIifon
least tern nesting activities and effects on foraging success. No residual impac
are anticipated.
Impact: Loss of Nesting Habitat for California Least Tern. The two sites curren
used by California least terns will be removed by dredging (the west site) and gradi
(the east site), and three of the five nesting sites to be created might be used as a cc
struction staging area for part of the construction phase. u '
Mitigation
30. A minimum of 20 acres of California least tern nesting sites shall
constructed and available for nesting between April 1 and September
These sites shall include one or both of the sites located in the Wc
Basin. Least tern nesting sites may be released for other tempor?
construction-related uses prior to September 1 if nesting activity l-
ceased and upon concurrence of CDFG and USFWS.
The loss of existing nesting areas shall be mitigated by the creation ol
minimum of 32 acres of nesting area above 10.0 feet MLLW in five sit1
each with side slopes no steeper than 1:lO. Use of any of these sites f
construction purposes shall not occur during the nesting season. Befc
the nesting season starts, all construction equipment and maten:
berms, vegetation, and construction surfaces shall be removed, and 1
site shall be covered with suitable material to a depth specified by CDI
and USFWS.
The California least tern nest sites shall be constructed in a manner
ensure proper dewatering so that subsequent subsidence and Sufi
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cracking does not occur, and so that the site can withstand maintenance
vehicle loads.
Effectiveness
Adherence to the schedule, as well as restoration of the sites used as staging
areas, will minimize the possibility that tern nesting habitat will be unavailable or
unattractive to the terns during any of the nesting seasons over the course of
construction. No residual impacts are anticipated.
Impact: Loss of Nesting Habitat of Western Snowy Plover. The western snowy plover
is a species of special concern discussed in the draft EIR/EIS. Its nesting habitat in the
East Basin might be removed by grading.
Mi t i.qa t i on
31. The loss of existing nesting areas shall be mitigated by the creation of a
minimum of 32 acres of nesting area above 10.0 feet MLLW in five sites,
each with side dopes no steeper than 1:lO. Use of any of these sites for
construction purposes shall not occur during the nesting season. Before
the nesting season starts, all construction equipment and materials,
berms, vegetation, and construction surfaces shall be removed, and the
site shall be covered with suitabIe material to a depth specified by CDFG
and USFWS.
Effectiveness
The creation of the nesting sites for terns will mitigate the loss of existing snou?
plover nesting areas and will provide an area of high-quality, protected nestin!
habitat. No residual impacts are anticipated.
Impact: Disturbance of Nesting Behavior of Belding’s Savannah Sparrow. Belding’s
savannah sparrow nesting activities, located primarily in the coastal salt marsh habital
of the East Basin, might be disturbed by project construction activities associated witk
lagoon dredging. Such disturbance could interfere with the breeding and nesting sue-
cess of this species.
Mitigation
33. Dredging activities taking place in the East Basin during the nestink
season of this species (March through July) shall not occur withir
100 feet of coastal marsh vegetation capable of supporting, breeding, 01
nesting Belding’s savannah sparrows.
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Effectiveness
The establishment of a 100-foot-wide buffer zone will effectively reduce th
potential for disturbing Belding’s savannah sparrows during breeding and nestin
season. No residual adverse impacts and anticipated.
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hpad: bss of Habitat for Belding’s Savannah Sparrow. Belding’s savannah spa
rows currently use the pickleweed stands and shrubby hillsides in the Batiquitos Lagoc
study area. Some areas of pickleweed would be disrupted as a result of construction I
Mitigation
21. keas of existing vegetated wetlands shall be avoided to the greate
extent feasible during construction, and construction shall not distu:
more than 10 acres of vegetated wetlands.
A wetlands restoration specialist, approved by CDFG and USFWS, shi
attempt to salvage the pickleweed on project-affected areas and trar
plant the plant materials to suitable areas that have been dredge
graded, or otherwise directly disturbed by project construction activitie
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Effectiveness
TO the extent that transplantation is successful, the short-term impact of cc
struction on Belding’s savannah sparrow habitat will be minimized; a short-tei
impact resulting from disturbing up to 10 acres of pickleweed-dominated vegel
tion is unavoidable. This impact is not considered significant because the are
to be affected were not heavily used by sparrows in the past.
Cultural Resources
Impact: Loss of Paleontological Resources. Construction of access roads and stag
areas and dredging in the lagoon could disturb or destroy potentially significant pale(
tological resources.
Mitigation
34. A paleontologic resource management program shall be developed b
qualified paleontologist. The program will be based on the final er
neering and ground staking of construction locations, combined with 5
surveys where potential impacts on highly sensitive areas might O=
The following measures shall be included in the program:
e Any ground-disturbing activities that occur in the areas under1 e by formations of moderate or high importance, or that occur
4-19
the immediate vicinity of a known fossil site (SDSNH Site 3309),
shall be monitored. Areas of importance shall be designated by
use of the maps developed by Engineering Science (Lander, Octo-
ber 1988).
0 If currently unidentified fossil remains are detected during ground-
. disturbing activities, these activities shall be halted or directed
away from the remains. A quaIified paleontologist shall be sum-
moned to direct their prompt collection and removal.
Effectiveness
With implementation of these measures, the construction of access roads, staging
areas, and lagoon dredging should avoid any significant impacts on paleontologi-
cal resources. No residual impacts are anticipated.
Impact: Disturbance of Prehistoric and Historic Archaeological Resources. The ar-
chaeological survey for the Draft EWIS identified 14 previously recorded sites and
two potential sites in or adjacent to the project area. Construction of access roads and
staging areas, dredging of lagoon basins, and beach nourishment could disturb or de-
stroy the resource value of these sites.
Mitigation
35. Prior to construction, a detailed study of the project area shall be con-
ducted. Key elements shaIl include:
Formal recording of reported sites that will be affected, based on
Determination of the boundary of identified cultural resource sites
final project design.
e
in the immediate vicinity of the project where proposed ground-
disturbing activity will occur, with sufficient data to assess horizon-
tal dimensions and formulate a cultural resource management
plan.
Resource avoidance is the primary mitigation measure employed to pro-
tect cultural resources. Where resource avoidance is not feasible, addi-
tional measures shall be applied that adequately document the nature
and data potential of each site as determined by a qualified archaeologist
monitoring site activities.
In the event that previously unidentified cultural resources are Iocated
during project construction, all work potentially affecting the resource
shall be halted while the resource is evaluated. If the discovered remains
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are found to be significant, site-specific mitigation plans shall be dew
oped by a qualified archaeologist. 1') Effectiveness
These measures will effectively avoid or minimize potential project impacts c
cultural resources. No residual impacts are anticipated. 1 Recreation
Impact: Temporary Disruption of Recreational Use of the Lagoon. Dredging ar
grading will have visual and noise impacts on the natural setting enjoyed by recreation users of Batiquitos Lagoon. Birdwatching, in particular, might be adversely affected I the noise and activity of construction.
Mitigation
36.
37.
1 Construction equipment shall have noise suppressors.
A public information and education program shall be developed to j
form the public about the enhancement project, the construction sche
ule, and other related activities. The information program may inch
publication of brochures, news releases to local media, posting of signs
the lagoon and beach vicinity, and telephone access between the pub
and the environmental monitor (see Mitigation Monitoring Plan, belo
for questions and observations about the project. "
Effectiveness
Dredging and grading will have an insignificant short-term impact on regior
birdwatching, but a significant, short-term, unmitigated visual impact u
remain. Residual short-term visual impacts (i.e., water turbidity) are expected
be significant and unavoidable, but will diminish after project construction.
Impact: Temporary Disruption of Beach Use. Beach nourishment activities at I32
quitos and Encina Beaches will interferewith beach use and water sports. The n
beaches might alter the local wave climate for surfing and beach use. Beach use
swimmers, and surfers will be restricted from the tidal inlet structure area and wra
intake structure during construction and maintenance dredging.
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I Mitigation
b 38. A public information and education program shall be developed to
form the public about the enhancement project, the construction schc ule, and other related activities. Tfie information program may inch I
I 4-21
publication of brochures, news releases to local media, posting of signs in
the lagoon and beach vicinity, and telephone access between the public
and the environmental monitor (see Mitigation Monitoring Plan, below)
for questions and observations about the project.
Sand placement on Batiquitos and Encina Beaches shall be concentrated
during the fall and winter (October through March), when beach use is
lowest; this construction schedule will avoid the peak-use season (summer).
39.
Effectiveness
Beach nourishment activities will not have a significant impact on regional beach
use or water sports activities in the Carlsbad Beach area, and will be limited to
a local, temporary short-term impact. Disturbance to beach recreation during
construction is unavoidable.
Impact: Restriction of Lateral Access Along Beach. Lateral access along the beach (at
the water’s edge) will be permanently eliminated by installation of the inlet structure.
Mitigation
40. Met construction and routine maintenance dredging shall occur in the
fall or winter to minimize the number of people affected by these activi-
ties.
Lateral access shall be provided by a new footbridge, with emergency
vehicle capability, over the inlet structure, or by an extension on the exist-
ing bridge structure, or by convenient access to the highway from both sides of the inlet.
41.
Effectiveness
Implementation of the mitigation measure will reduce the access restrictions and
provide for emergency access along the beach. Future access along the beach
Will require use of the pedestrian bridge over the inlet. No residual long-term
impact is expected.
Transportation and Circulation
Impact: lkaf€ic Impacts fmm lhrcking of Dredged Material and Carlsbad Boulevard
Bridge Replacement and Rehabilitation. Transportation and circulation impacts will
occur if the dredged material disposal option of trucking dredged materials from the
lagoon is selected. All other disposal options require limited vehicle movement and
therefore, have no significant transportation and circulation impacts.
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The transport option would create a significant traffic impact on roadways along tl
truck route, especially if hauling occurs during peak traffic periods. The duration of tl
impact would extend approximately 6 months and would depend on dredge phasin
the number of trucks used in a shift, and the quantity of materials to be disposed.
Traffic circulation on Carlsbad Boulevard might become congested during the replac
ment and rehabilitation of the West and East Carlsbad Boulevard bridge@).
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I Mitigation
42. A traffic safety plan for truck travel along the haul route and for co
struction activities associated with replacement and rehabilitation of tl
West and East Carlsbad Boulevard bridge(s) shall be developed in co sultation with appropriate agencies. The program might include tl 1 follouing elements:
e Signalization of intersections
e Traffic control personnel
e Appropriate signage
e Cleanup of dredge material spills
Effectiveness
These mitigation measures will reduce truck transport and traffic circulatic
impacts, but truck travel on roadways still might interfere with normal vehicul
travel. The residual effects associated with trucking of dredge materials a
considered significant because they might create local traffic congestion ai
delays. This impact is considered to be of a short-term nature.
Circulation and traffic effects associated with bridge construction are consider
not sipifican t.
h’oise
Impact: Noise Generated by Project Construction Activities. The use of diesel-driv
dredges would increase local noise levels: Noise policy guidelines would be exceeded
the short term. Occasional long-term noise impacts would be caused by maintenan
dredging of the West Basin channel. Dredging of material from the Central Basin v
require the use of pumping equipment to move the material to the beach nourishme
site, and loaders to place the material on the beach after pumping. If dredged mate
als are trucked to onshore disposal sites, sensitive receptors might be affected beca
of the need for staging areas for truck loading. In addition, trucks along the haul ro1
would increase noise levels. b
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Mitigation
43. Noise impacts from project construction and inlet maintenance activities
shall be mitigated by the same technoIogy used for major Construction
projects located within the city. Techniques to achieve this compliance may include, but are not limited to:
e Limited operation hours
Acoustical enclosures for engines to limit dredge operating noise
levels to 90 dBA as measured 3 feet from the source
0 Use of exhaust silencers
Berms or walls around staging areas
A firnit on the number of dredges in the Central Basin to a
minimum number in order to minimize noise generation
Noise mitigation specifications shall be included in bid documents and/or pre-
pared during final project design.
Effectiveness
Adherence to noise mitigation measures would reduce noise impacts, but
elevated noise levels from diesel dredges, pumps, and truck travel cannot be
completely eliminated. The residual construction-related noise impact
constitutes a local, short-term, insignificant effect on sensitive noise receptors
and would not exceed a 3 dBA (ChTEL) level increase above ambient noise
levels. The residual noise impact from inlet maintenance constitutes a short-
term, periodic effect that is not considered significantly adverse.
Public HeaIth and Safety
Impact: Hazards to Public in Construction Areas. Construction of the tidal inlet and
channel will require the operation of heavy equipment in the project area; this activity
could cause a public safety risk during the construction period. Beach nourishment also
calls for the installation of a hydraulic pipeline and use of grading equipment during
sand disposal. The two sites will be active construction zones during placement and
might pose safety threats to beach users.
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Mitigation
44. Public access to the tidal inlet and jetty area shall be limited duri
construction. This shall be accomplished by posting signs and fencing t
area to prevent access into secured areas.
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Effectiveness
Public access to construction and staging sites will be limited, thereby minimizi
potential public health and safety impact. No residual impact is expected.
hpact: Ocean and Lagoon Water Quality Hazards. Sewer line leaks have affect
water quality in Batiquitos Lagoon in the past. Should a similar leak occur during prl
ect construction, sewage-contaminated water could be present in the lagoon and dr:
10 the ocean following opening of the lagoon tidal channel. This would be a short-te
impact affecting local water quality and public use of the local beach. 1 Mitigation
I 45. Prior to lagoon opening, lagoon water samples shall be taken and ai
Ijzed for total and fecal coliform concentrations.
If receiving water coliform criteria are exceeded, signs warning of possi'
short-term health hazards due to discharge of lagoon water shall
posted near the inlet and on adjacent beaches. Local waters will
sampled and tested by a qualified laboratory to determine whether w'a
near the beaches is contaminated.
Continued testing shalI be conducted untiI the water quality is acceptal
for body contact use. Notification of any water quality hazard shall
made to responsible public health and water quality officials.
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47.
Effectiveness
If the lagoon water is contaminated and release of the water from the lagoon
the ocean during construction cannot be prevented, contamination of local Oct
water might occur. Adherence to the mitigation measures will determine
extent of contamination and will protect public health. No residual effecl
ex? ect e d.
hpact: Restriction of Lateral Access. Tfie new inlet structures Will restrict late
access along the beach and, possibly, access to the end of the jetties, thus restricting
moxment of emergency personnel, vehicles, and lifeguards. b
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Mitigation
41. Lateral access shall be provided by a new footbridge, with emergency vehicle capability, over the inlet structure, or by an extension on the exist-
ing bridge structure, or by convenient access to the highway from both
sides of the inlet. Access to the end of the jetties will not be restricted as
the project is currently designed.
Effectiveness
Implementation of the mitigation measures will significantly reduce the access
impacts and provide for emergency access along the beach. No residual impact
is expected.
Impact: Small-Craft Safety Bazards. Small boats might attempt to use the unnavi-
gable channel inlet for access to the lagoon from the ocean.
Mitigation
48. The U.S. Coast Guard, Aids to Navigation Branch, shall be consulted,
and an approved method to post and restrict entrance to the inlet shall
be implemented.
Effectiveness
Adherence to the mitigation measure will reduce the potential hazard to small
boats. No residual impact is expected.
Impact: Hazardous Surf Conditions Near Tidal Inlet. Potentially dangerous swimming
and surf conditions near the tidal inlet might occur because of strong currents and a
rocky shoreline:
Mitigation
49. Water recreation near the channel shall be restricted by proper posting
near the channel.
Effectiveness
Posting the area near the channel and lifeguard enforcement will reduce the
incidence of unsafe water activities. No residual impact is expected.
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POST-CONSTRUCllON ACTMTIES
Post-construction mitigation will consist of measures to allow areas disturbed by sho
term construction activities to be restored to conditions approximating their natu:
slates. These measures will help to ensure that the mitigation measures that WI
employed during construction are effective and will determine whether further actior
required. Sites used as staging areas, access roads, and fuel storage and transfer arc shall be restored to the original conditions.
The following mitigation measures shall be implemented.
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50. Construction Staging Area Restoration. Staging areas shall be regrad
to original contours, except for the areas to be converted to Califon
least tern nesting sites and to permanent maintenance access for CDf
personnel. Any artificial surfacing and temporary erosion control I:
tends shalJ be removed, disposed in suitable locations, and replaced
soil cover appropriate to the area (sand at the beach sites, sand and SI
at the nesting sites, lagoon soils at the other lagoon sites). Soil modifi
tion and revegetation shall be performed prior to completion of J
restoration activities, with soil additives and plant species selected
Accsess Road Restoration. Artificial surfacing and temporary eras
control materials shall be removed, disposed in suitable locations, i
replaced by appropriate soil cover. The road areas shall be graded
conform to the natural contours of the surroundings. Upland areas SI
be revegetated with appropriate native species; tidal areas shall be
lowed to revegetate naturally.
Fuel Stohage Area Restoration. Berms, dikes, and artificial surfacing SI
be removed and disposed in suitable locations. The areas shall be tes'
for contamination. If no remedial action is necessary, the areas shalI
regraded, covered with stockpiled topsoil, given soil additives, and
planted with appropriate native vegetation. If remedial action is ir
cated, post-construction mifigation shall include site cleanup.
Inspection and Certification. All post-construction mitigation measu
shall receive final inspection and certification of completion by the Cig
Carlsbad. Field testing might be required to assure project completic
I consultation with the CDFG.
51.
52.
53.
1 Effectiveness
With implementation of these measures, no residual impact is expected. 1 I
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CALIFORNIA REGIOKAL WATER QUALITY CONTROL BOARD
ORDER NO. 93-50
I. APPENDIX
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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
'ORDER NO. 93-50
WASTE DISCHARGE REQUIREMENTS
FOR
THE CITY OF CARLSBAD BATIQUITOS LAGOON DREDGE AND FILL PROJECT
SAN DIEGO COUNTY
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The California Regional Water Quality Control Board, San Diego Region (hereinafter Regional Board), finds that:
1. On November 19, 1992, P&D Technologies, on behalf of the City of Carlsbad, submitted an incomplete report of waste discharge (RWD) for the proposed Batiquitos Lagoon Enhancement Project to dredge and fill portions of Batiquitos Lagoon, San Diego County. Additional informatio was submitted by P&D Technologies through May 5, 1993.
that a total of approximately 4,O million cubic yards (cy) of material would be dredged from Batiquitos Lagoon and placed on local beaches or used as fill within the lagoon. Additional information provided by P&D Technologies
indicates that the total volume of material to be dredged has been revised to 4.42 million cy. The overall objective of this project is to restore tidal influence to the lagoon
system and associated marine habitat, while not adversely affecting existing wildlife habitat and vegetation resources. The lagoon enhancement features of this project are designed to be used as mitigation for a development project being conducted in Los Angeles harbor.
activities will be included in this project:
a. Approximately 954,555 cy of material will be dredged
2. The original RWD submitted by P&D Technologies indicated
3. P&D Technologies reports that the following dredge and fill
from the central basin of Batiquitos Lagoon to a bottc elevation of -8 feet National Geodetic Vertical Datum of 1929 (NGVD) [NGVD is approximately 2.56 feet above mean lower low water (MLLW)] and placed on nearby beaches. An additional 2,070,500 cy of material will be overdredged from the central basin and placed on th beach. This overdredging will create a disposal site in the central basin for dredged material from the eas basin of the lagoon not suitable for beach replenishment.
b. A total of approximately 1,271,815 cy of material will
be dredged from the east basin of the lagoon to a bottom elevation of -5 feet NGVD. Of this material, b
Order No. 93-50 -2-
319,000 cy will be used to create three above-tide sandy areas in the east basin for least tern nesting.
The remaining 952,815 cy of material is not suitable for beach replenishment and will be placed into the central basin overdredge area.
In the west basin of the lagoon, a total of 122,973 cy of material will be dredged to a bottom elevation of -8 feet NGVD. Approximately 46,565 cy of this material will be used to create one of two least tern nesting areas in the west basin of the lagoon. Fill material from off-site will be transported to the west basin to
create the second least tern nesting area. The remaining 76,408 cy of material to be dredged from the
west basin will be transported to the central basin and
used as a cap over the material placed in the central basin overdredge area. A geotextile fabric may be used to cover the overdredge area prior to placement of the cap to prevent migration of the underlying material. Geotechnical monitoring will be conducted during placement of the material unsuitable for beach replenishment in the central basin to determine if a geotextile fabric is necessary.
lagoon, two jetties, each approximately 300 feet in length, will be constructed perpendicular to the shoreline at the lagoon mouth. The channel between the two jetties will be constructed to a depth of approximately -8 feet NGVD. The channel will remain closed by an earthen or cobble dike until dredging operations in the west basin are complete.
c.
d. In order to create a permanent tidal inlet for the
In addition to these dredge and fill activities, the
proposed project includes replacement of the west Carlsbad
Boulevard (southbound Pacific Coast Highway) bridge and
improvements to and stabilization of the east Carlsbad
Boulevard (northbound Pacific Coast Highway) bridge, the
railroad bridge, and the Interstate 5 bridge.
and two 10-inch hydraulic dredges will be used to conduct
dredging in the lagoon. P&D Technologies indicates that
upon selection of a contractor for the project, a detailed dredging operations plan will be prepared and submitted to
all appropriate agencies, including the Regional Board, prior to initiation of dredging. In order to maintain an adequate water level within the lagoon for proper operation
of the hydraulic dredges, ocean water will be pumped into the lagoon up to a maximum flow rate of 33,000 gallons per minute.
4. Preliminary dredging design plans indicate that one 26-inch
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5. A pipeline will be installed and used to transport sand to
the beach replenishment area, which extends from approximately 2,000 feet south of the lagoon mouth norther1 to the beach near the intersection of west Carlsbad Boulevard and Palomar Airport Road. P&D Technologies reports that the contractor will be required to provide adequate sand and cobble dikes and berms around the beach re5lenishment areas. Furthermore, construction of the dike a..L berms and placement of sand on the beach will be conducted so that no damage to existing structures or
vegetation will occur.
The proposed Batiquitos Lagoon dredge and fill project will
result in short-term water quality impacts to Batiquitos
Lagoon waters in the vicinity of the dredging project and
ocean waters in the vicinity of the beach replenishment
areas. However, these water quality impacts will be consistent with maximum benefit to the people of the State,
will not unreasonably affect present and anticipated beneficial use of bay waters and will not result in water quality less than that prescribed in applicable plans and policies as described in this Order. Therefore, the projec as described in this Order is consistent with State Water Resources Control Board Resolution No. 68-16, Statement of Policy with Respect to Maintaining High Quality of Waters i
California.
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7. On August 14, 1990, the City of Carlsbad certified a final environmental impact report (FEIR) in accordance with the California Environmental Quality Act (Public Resources Code Section 21000, et seq.). The FEIR identifies several mitigation measures which have been incorporated into the proposed project to reduce the adverse affects on water quality. Implementation of the proposed project with the mitigation measures, as described in the FEIR approved by
the city of Carlsbad, will not have a significant adverse inpact on water quality.
8. The Comprehensive Water Quality Control Plan Report, San Diego Basin (9) (Basin Plan)’ was adopted by this Regional Board on March 17, 1975 and subsequently approved by the State Water Resources Control Board (State Board). Subsequent revisions to the Basin Plan have also been adopted by the Regional Board and approved by the State Board.
9. The Basin Plan identifies the following beneficial uses of the waters of Batiquitos Lagoon:
a. Water contact recreation;
b. Non-contact water recreation;
c. Saline water habitat;
b
Order No. 93-50 -4-
d. Wildlife habitat; e. f. Marine habitat.
quality objectives, and numerical water quality objectives applicable to inland surface waters and marine waters in the San Diego Region. These prohibitions and objectives have
been incorporated into this Order.
On April 11, 1991, the State Board adopted the California
Enclosed Bays and Estuaries Plan, Water Quality Control Plan
for Enclosed Bays and Estuaries of California (Bays and
Estuaries Plan).
The Bays and Estuaries Plan contains narrative and numerical
water quality objectives and toxicity objectives applicable to enclosed bays and estuaries of California.
objectives have been incorporated into this Order.
On May 16, 1974, the State Board adopted the Water Quality Control Policy for the Enclosed Bays and Estuaries of California (Bays and Estuaries Policy).
The Bays and Estuaries Policy contains water quality
principles, waste discharge quality requirements, discharge prohibitions, and general provisions to prevent water quality degradation and to protect the beneficial uses of waters of enclosed bays and estuaries in California. The
applicable principles, guidelines, prohibitions, and
provisions contained in the Bays and Estuaries Policy have been incorporated into this Order.
On March 21, 1974, the State Board adopted Resolution No.
74-28, "Designating Areas of Special Biological Significance
and Authorizing Notification of the Regional Water Quality Control Boards and the Environmental Protection Agency." Areas of special biological significance are those areas designated by the State Board as requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable. The
area of special biological significance nearest to the Batiquitos Lagoon dredge and fill project is the San Diego Marine Life Refuge, located approximately 15 miles to the south of the lagoon mouth. fill project is not expected to have any impact on areas of special biological significance.
The Regional Board, in establishing the requirements contained herein, considered factors including, but not limited to the following:
Preservation of rare and endangered species; and,
10. The Basin Plan contains prohibitions, narrative water
11.
12.
These
13.
14.
15.
The Batiquitos Lagoon dredge and
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(a) past, present, and probable future beneficial uses of the waters under consideration;
(b) environmental characteristics of the hydrographic unil under consideration, including the quality of water
water quality conditicns that could reasonably be achieved through the coordinated control of all facto] which affect water quality in the area;
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(d) economic considerations;
(e) the need for developing housing within the region;
(f) the need to develop and use recycled water;
(9)
(h) other waste discharges; and,
(i) the need to prevent nuisance.
17. The Regional Board has considered all water resource relatc
environmental factors associated with the discharge of was’
as described in this Order.
18. The Regional Board has notified the discharger and all knoi
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beneficial uses to be protected and water quality
objectives reasonably required for that purpose;
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interested parties of the intent to prescribe waste discharge requirements as described in this Order.
all coments pertaining to the proposed discharge. 19. The Regional Board in-a public meeting heard and considerec
IT IS HEREBY ORDERED, that the City of Carlsbad (hereinafter discharger) shall comply with the following for the Batiquitos Lagoon dredge and fill project: -
A. PROHIBITIONS
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1. Discharges of wastes in a manner and to a location
which have not been specifically described to the
Regional Board and for which valid waste discharge
requirements are not in force are prohibited.
applicable prohibitions contained in the Basin Plan:
2. The discharger shall not violate the following I.
Order No. 93-50 -6-
(a) The discharge of oil or any residuary product of petroleum to the waters of the State, except in accord with waste discharge requirements or other provisions of Division 7, California Water Code is prohibited.
vessels of oil, garbage, trash or other solid municipal, industrial or agricultural waste directly into waters subject to tidal action or adjacent to waters subject to tidal action in any manner which may permit it to be washed into the waters subject to tidal action is prohibited.
(c) The discharge of municipal and industrial waste sludge and sludge digester supernatant directly to the ocean, or into a waste stream that discharges to the ocean without further treatment, is prohibited.
(d) The discharge of industrial wastewaters exclusive
of cooling water, clear brine or other waters which are essentially chemically unchanged, into waters subject to tidal action is prohibited.
biological warfare agent, or high-level radiological waste is prohibited.
(f) Waste shall be discharged a sufficient distance fron areas designated as being of special biological significance to assure maintenance of natural water quality conditions in these areas.
chemical agents or explosives into waters subject to tidal action is prohibited.
Land grading and similar operations causing soil disturbances which do not contain provisions to minimize soil erosion and limit suspended matter which could be deposited in waters subject to tidal action are prohibited.
(b) The dumping or deposition Prom shore or from
(e) The discharge of any radiological, chemical or
(9) The dumping or deposition of chemical wastes,
(h)
3. The discharger shall not violate the following applicable prohibitions contained in the Bays and Estuaries Policy:
(a) The deposition of rubbish or refuse into surface waters or at any place where they would be
eventually transported to enclosed bays or
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estuaries is prohibited. Rubbish and refuse include any cans, bottles, paper, plastic, vegetable matter, or dead animals or dead fish deposited or caused to be deposited by man.
(b) The direct or indirect discharge of silt, sand, soil, clay or other earthen materials from onshc operations including mining, construction, agriculture, and lumbering, in quantities which unreasonably affect or threaten to affect beneficial uses is prohibited.
(c) The discharge of materials of petroleum origin i sufficient quantities to be visible is prohibite
The volume of material dredged from Batiquitos Lagoon shall not exceed 4,420,000 cubic yards unless the discharger obtains revised waste discharge requiremen for the proposed increase.
1 e
4.
B. DISCHARGE SPECIFICATIONS
1. The project shall be implemented in accordance with t
2. All dredged and fill material shall be disposed of
Findings of this Order.
and/or deposited in conformance with federal, state a
local laws and regulations.
3. The dredging project shall be conducted in conformanc with the following:
(a) sediment shall be removed in a manner that prevents or ninimizes water quality degradation;
(b) dredge spoils shall not be deposited in a locati that may cause significant adverse effects to aquatic life, fish, shellfish, or wildlife or ma harm the beneficial uses of the receiving waters
or does not create maximum benefit to the people of the state; and,
the project shall not cause significant adverse impacts upon a federal sanctuary, recreational area, or other waters of significant national
(c)
I importance.
4. Prior to initiation of the dredging project, the discharger shall submit to the Regional Board Executi Officer a detailed dredging operations plan, as described in Finding No. 4 of this Order. The I. t
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Order No. 93-50 -8-
discharger shall not initiate dredging operations until
obtaining written authorization from the Regional Board
Executive Officer to do so.
conduct dredging operations in accordance with the dredging operations plan, as revised in accordance with
direction from the Regional Board Executive Officer.
The discharger shall
C. RECEIVING WATER LIMITATIONS
1. The discharger shall not cause violations of the following applicable water quality objectives established by the Basin Plan:
(a) Color
Waters shall be free of coloration that causes nuisance or adversely affects beneficial uses.
(b) Tastes and Odors
Waters shall not contain taste or odor-producing substances in concentrations that impart
undesirable tastes or odors to fish flesh or other edible products of aquatic origin, that cause
nuisance or adversely affect beneficial uses.
(c) Floating Material
Waters shall not contain floating material,
including solids, liquids, foams, and scum in
concentrations that cause nuisance or adversely affect beneficial uses.
(d) Suspended Material
Waters shall not contain suspended material in concentrations that cause nuisance or adversely affect beneficial uses.
(e) Settleable Materials
Waters shall not contain substances in concentrations that result in the deposition of
material that cause nuisance or adversely affect beneficial uses.
(f) Oil and Grease
Waters shall not contain oils, greases, waxes or
other materials in concentrations that result in a visible film or coating on the surface of the
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water or on objects in the water, that cause nuisance, or that otherwise adversely affect beneficial uses.
(9) Biostimulatory Substances
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Waters shall not contain biostimulatory substancf in concentrations that promote aquatic growths tc the extent that such growths cause nuisance or adversely affect beneficial uses.
(h) Sediment
The suspended sediment load and suspended sedimei discharge rate of surface waters shall not be altered in such a manner as to cause nuisance or adversely affect beneficial uses.
(i) Turbidity
Waters shall be free of changes in turbidity tha‘ cause nuisance or adversely affect beneficial I uses.
(j) Hydrogen Ion Concentration
Changes in normal ambient pH levels shall not
exceed 0.2 units.
In bays and estuaries the pH shall not be
depressed below 7.0 nor raised above 8.5.
2. The discharger shall not cause violations of the
following applicable water quality objectives
established by the Bays and Estuaries Plan:
Narrative Water Oualitv Objectives
(a) Enclosed bay and estuarine communities and populations, including vertebrate, invertebrate, and plant species, shall not be degraded as a result of the discharge of waste.
(b) The natural taste and odor of fish, shellfish, 0:
other enclosed bay and estuarine resources used
for human consumption shall not be impaired.
(c) Toxic pollutants shall not be discharged at leve.
that will bioaccumulate in aquatic resources to
levels which are harmful to human health. I.
Order No. 93-50 -10-
(d) The concentration of contaminants in waters which
are existing or potential sources of drinking water shall not occur at levels which are harmful to human health.
The concentrations of toxic pollutants in the water column, sediments, or biota shall not adversely affect beneficial uses.
(e)
Toxicity Objectives
(f) There shall be no acute toxicity in ambient
waters.
There shall be no chronic toxicity in ambient
waters. toxicity is 1.0 TUc as a daily average.
{g) The water quality objective for chronic
Nunerical Water Oualitv Objectives
(h) Numerical water quality objectives contained in Table 1 and Table 2 of the Bays and Estuaries Plan
shall not be violated in receiving waters.
3. The discharger shall not cause violations of the following applicable water quality principles and policies established by the Bays and Estuaries Policy:
(a) Persistent or cumulative toxic substances shall be renoved from the waste to the maximum extent practicable through source control or adequate treatment prior to discharge.
Wastes shall not be discharged into or adjacent to areas where the protection of beneficial uses requires spatial separation from waste fields.
(b)
D. PROVISIONS
1. Neither the treatment nor the discharge of pollutants shall create a pollution, contamination or nuisance as
defined by Section 13050 of the California Water Code.
The discharger must comply with all conditions of this Order. violation of the California Water Code and is grounds for (a) enforcement action; (b) waste discharge
requirement termination, revocation and reissuance, or modification; or (c) denial of a report of waste discharge in application for new or revised waste discharge requirements.
2. Any noncompliance with this Order constitutes a
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3. In an enforcement action, it shall not be a defense f the discharger that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with this Order. Upon reduction,
loss, or failure of any facility necessary for compliance with this Order, the discharger shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an alternative facility is provided.
The discharger shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the natur and impact of the noncompliance.
5. The discharger shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the discharger to achieve compliance with the conditions of this Order. operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or simila systems only when necessary to achieve compliance wit
the conditions of this Order.
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Proper
6. This Order may be modified, revoked and reissued, or terminated for cause, including, but not limited to, the following:
(a) Violations of any terms or conditions of this Order;
(b) Obtaining this Order by misrepresentation or failure to disclose fully all relevant facts; an1
(c) A change in any condition that requires either a temporary or permanent reduction of the authoriz activity.
The filing of a request by the discharger for the modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any condition 4 of this Order.
Order No. 93-50 -12-
7. This Order is not transferrable to any person except after notice to the Executive Officer. The Regional
Board may require modification or revocation and reissuance of this Order to change the name of the discharger and incorporate such other requirements as nay be necessary under the California Water Code. The discharger shall submit notice of any proposed transfer of this Order's responsibility and coverage to a new discharger as described under Reporting Requirement
E.3.
This Order does not convey any property rights of any sort or any exclusive privileges. prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the discharger from its liability under federal, state, or local laws, nor create a vested right for the discharger to continue discharging waste.
authorized representative(s) upon the presentation of credentials and other documents as may be required by law, to:
(a) Enter upon the discharger's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Order;
(b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and,
purposes of assuring compliance with this Order or as otherwise authorized by the California Water Code, any substances or parameters at any location.
8. The requirements
9. The discharger shall allow the Regional Board, or
(d) Sample or nonitor.at reasonable times, for the
10. A copy of this Order shall be maintained at the project site and shall be available to operating personnel at all times.
The provisions of this Order are severable, and if any provision of this Order, or the application of any
provision of this Order to any circunstance, is held
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invalid, the application of such provision to other circumstances,'and the remainder of this Order, shall
not be affected thereby. I "
I E. REPORTING REQUIREMENTS
1. II following:
The discharger shall file a new report of waste discharge not less than 120 days prior to the
(a) Significant change in water quality protection measures or in the fill/disposal/beach replenishment areas (i.e. moving the material disposal area to an area different than describec
in the findings of this Order).
dredged or change in the amount of material to bc deposited at fill/disposal/beach replenishment areas
(c) Other circumstances which result in a material
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(b) An increase in the quantity of material to be
change in character, amount, or location of the waste discharge.
Any planned change in the regulated facility or activity which may result in noncompliance with this Order.
(d)
(e) Any change in the project location from that described in the findings of this Order.
2. The discharger shall furnish to the Executive Officer of this Regional Board, within a reasonable time, any information which the Executive Officer may request tc determine whether cause exists for modifying, revokinc
and reissuing, or terminating this Order. The discharger shall also furnish to the Executive Office] upon request, copies of records required to be kept b! this Order.
3. The discharger must notify the Executive Officer, in writing, at least 30 days in advance of any proposed transfer of this Order's responsibility and coverage t a new discharger. The notice must include a written
agreement between the existing and new discharger containing a specific date for the transfer of this Order's responsibility and coverage between the currer discharger and the new discharger. This agreement shall include an acknowledgement that the existing discharger is liable for violations up to the transfei I.
Order No. 93-50 -14-
date and that the new discharger is liable from the transfer date on.
The discharger shall comply with Monitoring and Reporting Program No. 93-50. be reported at the intervals specified in Monitoring and Reporting Program No. 93-50.
Where the discharger becomes aware that they failed to submit any relevant facts in a report of waste discharge or in any report to the Regional Board, the discharger shall promptly submit such facts or information.
The discharger shall report any noncompliance which may endanger health or the environment. Any information
shall be provided orally to the Executive Officer within 24 hours from the time the discharger becomes aware of the circumstances. also be provided within five days of the time the discharger becomes aware of the circumstances. written submission shall contain a description of the noncompliance and its cause; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, anticipated tine it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Executive Officer, or an authorized representative, may waive the
written report on a case-by-case basis if the oral report has been received within 24 hours.
7. All applications, reports, or information submitted to the Executive Officer of this Regional Board shall be
signed and certified.
(a) The report of waste discharge shall be signed as follows :
(1)
4. Monitoring results shall
5.
6.
A written submission shall
The
the
For a corporation - by a principal executive officer of at least the level of vice-
president.
For a partnership or sole proprietorship - by a general partner or the proprietor, respectively.
public agency - by either a principal executive officer or ranking elected official.
(2)
(3) For a municipality, state, federal or other
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(b) All other reports required by this Order and othc information requested by the Executive Officer shall be signed by a person designated in paragraph (a) of this provision, or by a duly authorized representative of that person. An individual is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in paragraph (a) of this provision;
individual or a position having responsibility for the overall operation of the regulated facility or activity; and,
(3) The written authorization is submitted to tf Executive Officer.
(c) Any person signing a document under this section
I1I certify under penalty of law that I have personally examined and am familiar with tht information submitted in this document and all attachments and that, based on my inquii of those individuals immediately responsiblt for obtaining the information, I believe thz the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.I1
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(2) The authorization specifies either an
shall make the following certification:
8. The discharger shall submit reports required under th:
Order, or other information required by the Executive Officer, to:
Executive Officer' California Regional Water Quality Control Board San Diego Region
9771 Clairemont Mesa Boulevard, Suite B San Diego, California 92124-1331
D F. NOTIFICATION
1. The Regional Board may review and revise these requirements upon application by any affected person ( on its own motion in accordance with California Water Code Section 13263(e). G 1
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2. California Water Code Section 13263(g) states:
"No discharge of waste into waters of the state, whether or not such discharge is made pursuant to waste discharge requirements, shall create a vested right to continue such discharge. All discharges of waste into
waters of the state are privileges, not rights."
These requirements have not been officially reviewed by the United States Environmental Protection Agency and are not issued pursuant to Section 402 of the Clean
Water Act.
The adoption of these waste discharge requirements constitutes a waiver of water quality certification for the project as described in this Order pursuant to Section 401 of the Clean Water Act.
3.
4.
I, Arthur L. Coe, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted
by the California Regional Water Quality Control Board, Region, on May 17, 1993.
San Diego
d6 Arthur L. Coe
Executive Officer
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STANDARD PLANS
APPENDIX b
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