HomeMy WebLinkAboutTL James & Company Inc; 1994-06-20; 3429.I.r
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR 0 BATIOUITOS LAGOON ENHANCEMENT PROdECT
CONTRACT NO. 3429
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March 9, 1994
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ADDENDUM NO. 1
BID/PROJECX' N0.3429-BATIQUITOS LAGOON ENHANCEMENT PROJECT
BID DATE HAS BEEN CHANGED FROM MARCH 17,1994 TO MARCH 24
1994 @ 4:OO P.M.
Please include the attached addendum in the Notice to Bidder/Request for Bids you havc
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid whei
your bid is submitted.
-,+d/LL - ch$;-rJ&,L \/ . -T RUTH LETCHER
Purchasing Officer
W:mm
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Bidder's Signature e
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434-1 98
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March 18, 1994
ADDENDUM NO. 2
13ID/PROJECT N0.3429-BATIQUITOS LAGOON E"CMENT PROJECT
Please include the attached addendum in the Notice to Bidder/Request for Bids you have
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when
your bid is submitted.
i i
- -G%r&
RUTH FLETCHER
F'urchasing Officer
FLF:mm
Attachment
0
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
- Biddeis m- Signature Sr. Vice President
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'I 200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434-1 987
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March 22, 1994
ADDENDUM NO. 3
13ID/PROJECT N0.3429-BATIQUJTOS LAGOON ENHANCEMENT PROJECT
13ID DATE HAS BEEN EXTENDED FROM THURSDAY, MARCH 24,1994, 4:OO P.M. TO
WEDNESDAY, MARCH 30,1994,4:00 P.M.
Please include the attached addendum in the Notice to Bidder/Request for Bids you have
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal FodBid when
your bid is submitted.
0 --??e&r&L?L u
RUTH FLETCHER
Purchasing Officer
IiF:mm
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
I3iddeJs Signature James, I11 e -u Sr. Vice President
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 - (61 9) 434-2803 FAX (61 9) 434-1 987
205-1,4,3 Polyethylene Covers
2054.46 Nails 213-4.4 Submittals
213-4.5 Delivery and Storage
300-8.2.3 Installation
300-1 1,1.4 Submittals
300-1 1.3.1 Equipment 3-9, 3-9a, 3-10, 3=lOa,
300-1 1,3.11 Dredging Procedures 300.1 1,3.12 Disposal e
2-12, 2-12a, 2 2
2 2
3-2, 3 3-73
3-10b, 3-10c, 3- 3
3-19, 3
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300-1 ~3~13 Inspection 3-20, 3
300-1 1.3,15 Measurement and Payment 3-23, 3
300-12,5,3
300-12,5,6 Access Roads 300- 14,2
300- 16,l General
300- 18.1 General
300-4.3.1 Prepare Foundation
305-2.8.1 General
305-2.8*2 Pile and Timber Protective Covering 3-37, 30
308-9,3,2
Weed Barrier Placement Site W-l (by others)
RocWStone and Oeotextile Placement
300-1 6.2 Payment 3-31, 31
3 06-8,3 3-38, 3
Acteage of Saltmtvsh Vegetation Temporarily
Affected by Project Construction Revegetation of Permmently Lost Pickleweed Habitat <
L 308.9.4 -
308-9.4,l Plant and Material Salvaging
308-9'5.2 Revegetation SUPPLEMENT TO APPENDIX 0
APPENDlX K CONTROL POINTS AT&SF RAILROAD
TOTAL NUMBER OF PAGES = 69
THE FOLLOWING DM WINGS HA VB BEEN AMENDED:
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5 Pr
2 PC e
iilmamk 2, 4, 5, 26, 28, 29, 44, 45, 75, 76, 77, 79, Vegetation Drawing
TOTAL NUMBER OF DRAWINGS = 13
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CLARIFICATIONS/ ADDENDUM NO, 2, ITEMS 1 THROUOH 6 1 Pagf APPENDIX H: STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION PERMIT 15 Pages
TOTAL NUMBER OFPAGE3 = 16
THE FOLLOWING ORA WfNGS ItR VE BEEN AMENDED: - 43,78
TOTAL NUMBER OF DRA WINGS = 2
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CLARIFICATIONS/ ADDENDUM NO. 3, ITEMS 1 THROUOH 9
TABLE OF CONTENTS ADDENDUM NO, 1 TABLE OF CONTENTS ADDENDUM NO. 2
TOTAL NUM0ER OF PAGES = 4
1 Fag
2 Pagea
1 Pagc
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-4)
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TABLE OF CONTENTS *
Parr - Item
NOTICE INVITING BIDS ............................................
CONTRACTOR’S PROPOSAL ........................................
BIDDER’S BOND TO ACCOMPANY PROPOSAL ......................... 1
DESIGNATION OF SUBCONTRACTORS ............................... 1
AMOUNT OF SUBCONTRACTOR’S BIDS .............................. 1
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ................ 1
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ....... 1
WITH BID .................................................... 1
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED
CONTRACT - PUBLIC WORKS ...................................... 1
LABOR AND MATERIALS BOND .................................... 2
FAITHFUL PERFORMANCENARTY BOND ......................... 3
PURCHASING DEPARTMENT REPRESENTATION AND CERTIFICATION ..... 3
OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF
RETENTION ................................................... 3
RELEASE FORM ................................................. 3’
Part 1. SUPPLEMENTAL GENERAL PROVISIONS TO STANDARD ai SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . 1-
Part 2. SUPPLEMENTAL PROVISIONS TO STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR
CONSTRUCTION MATERIALS ...................... .2-
Part 3. SUPPLEMENTAL PROVISIONS TO STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR
CONSTRUCTION METHODS ........................ .3-
APPENDICES
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
U.S. ARMY CORPS OF ENGINEERS PERMIT - -
CALIFORNIA COASTAL COMMISSION PERMIT
CALIFORNIA DEPARTMENT OF FISH AND GAME AGREEMENT
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
STATE LANDS COMMISSION PERMIT
STATE PARKS AND RECREATION DEPARTMENT PERMIT
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
ORDER NO. 93-50 * MEMORANDUM OF UNDERSTANDING
1
SPECIAL PROVISIONS e
.. Section Descrbtion Page
P'art 1 . SUPPLEMENTAL GENERAL PROVISION TO STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . 1-1
SECTION 1 TERMS, DEFINITIONS. ABBREVIATIONS AND SYMBOLS . . 1-1
1-1 TERMS ......................................... 1-1
1-2 DEFINITIONS .................................... 1.1
SECTION 2 SCOPE AND CONTROL OF WORK .................... 1-2
2-4 CONTRACT BONDS ................................ 1.2
2-5 PLANS AND SPECIFICATIONS ....................... 1-3
2-5.1 General ......................................... 1-3
2-5.3 Shop Drawings and Submittals ......................... 1-3
2.-5.4 Record Drawings ................................... 1-5
2,. 9 SURVEYING ..................................... 1-6
SECTION 3 CHANGES EN WORK ............................... 1-6
3'-5 DISPUTED WORK ................................. 1-6 a S;ECTION 4 CONTROL OF MATERIALS .......................... 1-9
4- 1 MATERIALS AND WORKMANSHIP ................... 1-9
4-1.3 Inspection Requirements .............................. 1-9
4- 1.3.1 General ......................................... 1-9 4- 1.4 Test of Materials ................................... 1-9
4-1.9 Nonconforming Work .............................. 1 . 10
SECTION 5 UTILITIES ...................................... 1 . 10
5;- 1 LOCATION ..................................... 1-10
5; -4 RELOCATION ................................... 1 . 11
SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE
WORK .......................................... 1-11
ti- 1 CONSTRUCTION SCHEDULE ....................... 1-11
6-5 TERMINATION OF CONTRACT ..................... 1-14
6-6 DELAYS AND EXTENSIONS OF TIME ................ 1-15
6-6.3 Payment for Delays to Contractor ...................... 1 . 15
6-7 TIME OF COMPLETION ........................... 1-16
6-7.2 Working Day .................................... 1-16
6- 8 COMPLETION AND ACCEPTANCE ................... 1 . 17
6-9 LIQUIDATED DAMAGES .......................... 1 . 17
6-7.1 General ........................................ 1-16
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Section DescriDtion Page .- *
SECTION 7 RESPONSIBILITIES OF CONTRACTOR ................ 1-17
7-3 LIABILITY INSURANCE ........................... 1-18
7-4 WORKERS' COMPENSATION INSURANCE ............ 1-18
7-5 PERMITS ....................................... 1.18
7-5.1 State Park Regulations .............................. 1-19 7-5.2 Relations with United States Army Corps of Engineers ....... 1-19 7-5.3 Relations with California Coastal Commission ............. 1 . 19
7-5.4 Relations with California Department of Fish
and Game 1-20
7-5.5 Relations with California Regional Water
7-5.6 Relations with State Lands Commission .................. 1-21
7-5.7 Relations with State Parks and Recreation Department ........ 1-21
7-5.8 Relations with North San Diego County Transit
75.9 Relations with State Department of Transportation .......... 1-22
'7-5.10 Relations with the City of Carlsbad ..................... 1-22
.......................................
Quality Control Board .............................. 1-20
Development Board ................................ 1-21
7-7 COOPERATION AND COLLATERAL WORK ............ 1-22 7-8 PROJECT SITE MAINTENANCE ..................... 1-23
7-8.1 Cleanup and Dust Control ........................... 1-23
Temporary Light, Power and Water ..................... 1-24
7-8.8 Temporary Erosion Control .......................... 1-26
7-8.9 Noise Control .................................... 1-26
'7-8.10 Project Appearance ................................ 1-26
Disposal Site Waiver ............................... 1-26
IMPROVEMENTS ................................ 1-27
'7-9.1 Temporary Fences ................................. 1-27
PUBLIC CONVENIENCE AND SAFETY ................ 1-28 '7-10.3 Street Closures, Detours, Barricades .................... 1-28
Construction Area Signs ............................. 1-28 '7-10.3.2 Maintaining Traffic ................................ 1-29
'7-10.3.3 Traffic Control System for Lane Closure ................. 1-30
'7- 1 0.3.4 * Traffic Control for Traffic Striping ..................... 1-30
7- 10.3.5 Temporary Pavement Delineation ...................... 1-31
Public Safety ..................................... 1-31 7-10.4.4 Safety and Protection of Workers and Public .............. 1-31
Emergency Response Plan ........................... 1-32 7-13 LAWS TO BE OBSERVED ......................... 1-33
CONTRACTOR QUALITY CONTROL (CQC) PROGRAM
:7-8.6.1 Water Pollution Control ............................. 1-24
(I) 7-8.5
'7-8.1 1
'7-9 PROTECTION AND RESTORATION OF EXISTING
'7- 1 0
'7-1 0.3.1
7- 10.4
7-10.5
7-10.6
7-15 Obstructions 1-33
... 1-34
Objective 1-34
Accident Prevention and First Aid Plan .................. 1-32
..................................... @ 7-16 ....................................... 7-16.1
... 111
Description Page e 3-
7-16.2 Organization ..................................... 1-35
7-16.3 Document Control .................................. 1-35
7-17 Phase Meetings ................................... 1-36
SECTION 8 FACILITIES FOR AGENCY PERSONNEL 1-37
8-2 FIELD OFFICE FACILITIES ......................... 1-37
8-2.1 Class "A Field Office .............................. 1-37
SECTION 9 MEASUREMENT AND PAYMENT .................... 1-38 9-2 LUMP SUM WORK ............................... 1-38
9-3 PAYMENT ...................................... 1-38
9-3.2 Partial & Final Payment ............................. 1-38 51-3.4 Mobilization ..................................... 1-39
9-3.4.1 Mobilization and Preparatory Work, and Demobilization ...... 1-39
Part 2 . SUPPLEMENTAL PROVISIONS TO STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR CONSTRUCTION MATERIALS ....................... 2.1
SECTION 200 ROCK MATERIALS ................................ 2.1 ROCK PRODUCTS ................................. 2.1
200-1.3 Gravel .......................................... 2-1
200-1.5 Sand ............................................ 2.1 200-2.7 ROCWSTONE PROTECTION MATERIALS .............. 2.1
40 Pound Stone ..................................... 2.4
80 Pound Stone .................................... 2.4
200 Pound Stone ................................... 2-4
400 Pound Stone ................................... 2-4 200-2.7.6 One Ton Stone .................................... 2.5
2 Ton Armor Stone ................................. 2.5
4 Ton Armor Stone ................................. 2-5
8 Ton Armor Stone ................................. 2-5 200-2.7.10 10 Ton Armor Stone ................................. 2-6
SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS ...... 2.6
201-1 PORTLAND CEMENT CONCRETE .................... 2-6
Requirements ......... i ........................... 2-6
20 1-2 STEEL REINFORCEMENT FOR CONCRETE ............. 2-7
Reinforcing Steel ................................... 2.7
* 200-1
:200-2.7.1 General ......................................... 2.1
:200-2.7.2
:200-2.7.3
:200-2.7.4
:200-2.7.5
200-2.7.7
200-2.7.8
200-2.7.9
201-1.1
201 -1 -2 Materials ..............,......................... 2.6
20 1-2.2 I)
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.. Section DescriDtion Page
SECTION 202 MASONRY MATERIALS 2.7
202-3 ARTICULATED CONCRETE BLOCK MAT .............. 2.7
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2102-3.1 General ..................................... : ... 2.7
2102-3.2 Certification ................................... : .. 2.8
202-3.3 Materials ........................................ 2.8
2 02-3.3.1 Cementitious Materials ............................... 2.8
202-3.3.2 Cable and Fittings .................................. 2.8 202-3.3.3 Geotextiles ....................................... 2.9
202-3.4 Physical Requirements ............................... 2.9
202-3.5 Visual Inspection ................................... 2.9
202-3.6 Sampling and Testing .............................. 2-10
202-3.7 Source ......................................... 2.10
202-3.8 Gravel ......................................... 2. 10
SECTION 204 LUMBER AND TREATMENT WITH PRESERVATIVES .... 2-10
MODIFICATIONS TO AND AT AT&SF RAILROAD
BFUDGE/TRESTLE ................................ 2-10
2,04-3.1 General ........................................ 2. 10
SECTION 205 PILES ......................................... 2.10
;!05-1.4.1 General ........................................ 2.11 205-1.4.2 Polyethylene Wrap ................................. 2-11
2!05-1.4.3 Polyvinyl Chloride (PVC) Wrap ....................... 2-12
2!05-1.4.4 Seals .......................................... 2.13 '
205-1.4.7 Spike Grid ...................................... 2.13
205-1.4.8 Fasteners ....................................... 2.14
Material Certification ............................... 2-15
SECTION 206 MISCELLANEOUS METAL ITEMS ................... 2-15
CHAIN LINK FENCE .............................. 2.15 206-6.1 General ........................................ 2.15
206-6.2 Materials ....................................... 2.15
Posts and Braces .................................. 2.15
Chain Link Fabric ................................. 2.17 1206-6.5 Miscellaneous .................................... 2.17
:206-6.6 Gates .......................................... 2.18
:206-6.7 Polyethylene Netting ............................... 2-19
SECTION 207 PIPE .......................................... 2.19
REINFORCED CONCRETE PIPE ..................... 2-19
204-3
e 205-1.4 Pile and Timber Protective Covering .................... 2-10
205-1.4.5 Battens ......................................... 2.13
205-1.4.6 Nails .......................................... 2.13
205- 1.4.9
206-6
206-6.3
:206-6.4
General 2-19
'* 207-2 ........................................ 207-2.1
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Section Description &
300-1 1.2 Sources of Fill Materials ............................. 3-; Execution ........................................ 300-1 1.3 3.1
300-11.3.1 Equipment ....................................... 3-1
300-1 1.3.3 Cooperation with Others ............................. 3-1
300-11.3.4 Arrangement with Abutting Property Owners .............. 3-1
300-1 1.3.5 Interference with Navigation .......................... 3-1 300-1 1.3.6 Pipelines and Cables ............................... 3-1:
400-1 1.3.7 Salvaged Articles of Value ........................... 3-1: 300-1 1.3.8 Obstructions ..................................... 3-1:
300-1 1.3.9 Rock Riprap and Rock Fill ........................... 3-1
300-1 1.3.10 Cultural Resources ................................. 3-1 300-11.3.11 Dredging Procedures ............................... 3-1
300-11.3.12 Disposal ........................................ 3-1
300-11.3.13 Inspection ........................................ 3-28
Measurement and Payment ........................... 3-2
300- 12: 1 summary ....................................... 3-2 300- 12.2 Location ........................................ 3-2
300- 12.3 Construction Phasing ............................... 3-2
3 00- 1 2.4 Construction Materials .............................. 3-2
300- 12.4.1 Base Material .................................... 3-2
300-12.4.2 Surface Material .................................. 3-2
300-12.4.3 Weed Barrier - Site W-1 (by others) .................... 3-2
300- 12.5 Construction ..................................... 3-2
300-12.5.1 Elevation ....................................... 3-2
Side Slopes ...................................... 3-2
Weed Barrier Placement - Site W-1 (by others) ............ 3-2
300-1 2.5.4 Depth of Surface Material ........................... 3-2
Preparation of Surface Material ........................ 3-2
300- 12.5.6 Access Roads .................................... 3-2
300- 12.6 Environmental Protection Measures ..................... 3-2
Avoidance of Saltmarsh Vegetation ..................... 3-2
Savannah Sparrow ................................. 3-2
No Contamination of Base or Surface Material ............. 3-2
300-12.6.4 Avoidance of Mudwaves ............................ 3-2
300- 12.6.5 Restoration of Temporary Access Road .................. 3-2
Construction Related Activities ........................ 3-2
Coordination with Engineer .......................... 3-2
300-12.6.8 Training of Workers ............................... 3-1
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300-1 1.3.2 Lights ......................................... 3-1
300-1 1.3.14 Final Survey and Removal of Equipment ................. 3-2
300-11.3.15
300-12 LEAST TERN AND SNOWY PLOVER NESTING SITES .... 3-2
300- 12.5.2
300- 12.5.3
300-12.5.5
300-12.6.1
300-12.6.2
300-12.6.3
Avoidance of Nesting Areas for Belding's
300- 12.6.6 Use of Nesting Areas for Temporary
9'
300-12.6.7 f 300-12.7 Fencing ........................................ 3-2
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Section DescriDtion Page
207-2.2 Pipe 2-19
207-2.3 Headwalls ....................................... 2.19
207-2.4 Reinforcement ................................... -2-1 9
SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS .......... 2-19
212-1.6 Planting Materials ................................ -2-20
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SiECTION 213 ENGINEERTNG FABRICS .......................... 2-20
2,l 3.3 GEOTEXTILES . STONE CONSTRUCTION AND ABM SLOPE
PROTECTION ................................... 2.20
2.1 3-3.1 General ........................................ 2.20
2,13-3.2 Geotextile ....................................... 2.2 0
2:13-4 GEOTEXTILES . WICK DRAINS ..................... 2-21
2: 13-4.1 General ........................................ 2.21 213-4.2 Reference Standards ................................ 2.21
2113-4.2.1 American Society of Testing Materials (ASTM) ............ 2-21 2! 1 3-4.2.2 EURM (Dupont) .................................. 2-21
2! 134.3 Materials ....................................... 2.21
213-4.4 Submittals ....................................... 2.22
Z! 1 3-4.5 Delivery and Storage ............................... 2-22
Part 3 . SUPPLEMENTAL PROVISIONS TO STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR
CONSTRUCTION METHODS ......................... 3.1
SECTION 300 EARTHWORK ..................................... 3. 1
300- 1 CLEARING AND GRUBBING ........................ 3.1
300- 1.1 General .......................................... 3.1
:300-1.1.1 Salvaging Plants ................................... 3.1
300-8 GEOTEXTILES FOR DRAINAGE ...................... 3.1
300-8.2 Wick Drains ...................................... 3.1
300-8.2.1 General ......................................... 3.1
Quality Control .................................... 3.1 300-8.2.3 Installation ....................................... 3.2
:30O-8.2.4 As-Built Drawings ................................... 3-3
Measurement and Payment ............................ 3.3
300-1 1.1 General .......................................... 3.3
Work Included (Definitions) ........................... 3-3
300-1 1.1.3 Character of Materials ............................... 3-5
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300-1.1.2 Payment ......................................... 3.1
3 00-8.2.2
300-8.2.5
300- 1 1
300-1 1 . 1 . 1
300-1 1.1.2
DREDGING ...................................... 3.3
Quality Control .................................... 3.4
1) 300-11.1.4 Submittals ........................................ 3.6
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.. Section Description Paae
300-1 1.2 Sources of Fill Materials ............................. 3.8
300-1 1.3 Execution ........................................ 3.8
300-11.3.1 Equipment ........................................ 3.8
300-1 1.3.2 Lights ......................................... 3.11
300-1 1.3.3 Cooperation With Others ............................. 3-11
300-1 1.3.4 Arrangement with Abutting Property Owners .............. 3-11
300- 1 1.3.5 Interference with Navigation ........................... 3-11
300- 1 1.3.6 Pipelines and Cables ............................... 3-12
400-1 1.3.7 Salvaged Articles of Value ........................... 3-12 300-1 1.3.8 Obstructions ..................................... 3.12
300-11.3.9 Rock Riprap and Rock Fill ............................ 3-13
. 300-1 1.3.10 Cultural Resources ................................. 3-13
300-11.3.11 Dredging Procedures ............................... 3-13
300-11.3.12 Disposal ........................................ 3-18
300-11.3.13 Inspection ....................................... 3-20
Measurement and Payment ........................... 3-21
300- 12.2 Location ........................................ 3-24
300- 12.4 Construction Materials ............................... 3-24
300-1 2.4.1 Base Material ..................................... 3-24
300-12.4.2 Surface Material .................................. 3-25
300-12.4.3 Weed Barrier . Site W-1 (by others) .................... 3-25
300- 12.5 Construction ..................................... 3.25
,300-12.5.1 Elevation ....................................... 3-25
300-12.5.2 Side Slopes ...................................... 3-25
3 00- 1 2.5.3 Weed Barrier Placement . Site W-1 (by others) ............ 3-25 300-1 2.5.4 Depth of Surface Material ........................... 3-26
300- 12.5.5 Preparation of Surface Material ........................ 3-26 300- 12.5.6 Access Roads 1 ............................. 3-26
3 00- 12.6 Environmental Protection Measures ..................... 3-26
300-12.6.1 Avoidance of Saltmarsh Vegetation ..................... 3-26
300-12.6.2 Savannah Sparrow ................................. 3-27
300-1 2.6.3 No Contamination of Base or Surface Material ............. 3-27 300-12.6.4 Avoidance of Mudwaves ............................ 3-27
3 00- 1 2.6.5 Restoration of Temporary Access Road .................. 3-27
:300- 12.6.6 Construction Related Activities ........................ 3-27
300-12.6.7 Coordination with Engineer .......................... 3-27
Training of Workers ............................... 3-27 0 300-12.6.8
(I)
300-11.3.14 Final Survey and Removal of Equipment ................. 3-20
300-11.3.15
3100-12 LEAST TERN AND SNOWY PLOVER NESTING SITES .... 3-23
300-12.1 Summary ....................................... 3.23
' f 300-12.3 Construction Phasing ............................... 3-24
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Avoidance of Nesting Areas for Belding's
Use of Nesting Areas for Temporary
Fencing 3.28 ........................................ 300-12.7
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Section DescriDtion Page 0 ..
300- 12.8 Payment ........................................ 3.28
300- 1 3 ROCWSTONE AND GEOTEXTILE PLACEMENT ......... 3-29
300-1 3.1 General 3-29
300- 1 3.2 Placement (Method A) .............................. 3.29
300- 13.3 Placement (Method B) .............................. 3-29 300- 13.4 Geotextile Placement ............................... 3-29
300-13.5 Payment ........................................ 3.30 300- 14 JETTY CONSTRUCTION ....... 1 ................... 3-30
300-14.1 General ........................................ 3.30 300-14.2 RockBtone and Geotextile Placement ................... 3-30
300- 14.3 Concrete Seal .................................... 3-30
300-14.4 Payment ........................................ 3-30
300-15 ROCK CHANNEL LINING .......................... 3-30 300-1 5.1 General ........................................ 3-30
300-15.2 RocWStone and Geotextile Placement ................... 3-31
300- 1 5.3 Payment ........................................ 3-31 300- 1 6 TIDAL INLET ................................... 3.31
:300- 16.1 General 3-31 300-1 6.2 Payment ........................................ 3-31
.30 0. 17 MODIFICATIONS AT 1-5 BRIDGE .................... 3-31
General ........................................ 3.3 1
300-1 7.2 Payment ........................................ 3-31
300-1 8.1 General 3-32
300-1 8.3 Payment ........................................ 3.32
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300- 18 WEST CARLSBAD BOULEVARD OPTIONAL REVETMENT 3-32 ........................................ 300-18.2 RocWStone and Geotextile Placement ................... 3-32
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION ......... 3-32
303-4 MASONRY CONSTRUCTION ........................ 3-32
ARTICULATED CONCRETE BLOCK MAT (ABM) ........ 3-32 303-4.3.1 Prepare Foundation ................................ 3-32
303-4.3.2 Placement of Geotextile ............................. 3-33
303-4.3.3 Placement of Articulated Concrete Block Mats (ABM) ....... 3-33
303-4.3.4 Payment ........................................ 3-34
SECTION 304 METAL FABRICATION AND CONSTRUCTION .......... 3-34
304-3 CHAIN LINK FENCE .............................. 3-34
304-3.1 General ........................................ 3.34
304-3.2 Construction of General Use Fence ..................... 3-34 3 04-3.3 Construction of Nesting Site Fence ..................... 3-35
Payment ........................................ 3-36 304-3.4
PILE DRIVING AND TIMBER CONSTRUCTION ......... 3-36
TIMBER STRUCTURES AND TIMBER CONSTRUCTION ... 3-36
303-4.3
305-2
@ SECTION 305
... Vlll
DescriDtion Page 0 Section
3 05-2.7 Bridgemrestle .................................... 3.36
305-2.7.1 General ........................................ 3-36
305-2.7.2 Payment ........................................ 3.36
305-2.8 Timber Wrap .................................... 3-36
305-2.8.1 General ........................................ 3-36
305-2.8.2 Pile and Timber Protective Covering .................... 3-37
305-2.8.3 Inspection ....................................... 3-37
305-2.8.4 Payment ........................................ 3-38
Modifications To and At AT&SF Railroad
Polyethylene and Polyvinyl Chloride Pile and
SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION .......... 3-38
3 06- 8 CULVERT CONSTRUCTION ........................ 3-38
306-8.1 General ........................................ 3.38 306-8.2 Culvert Construction ............................... 3-38
306-8.3 Payment ........................................ 3-38
SECTION 308
308-9 SALTMARSH MITIGATION PLAN (REVEGETATION)
308-9.1 Summary of Overall Goals ........................... 3-38 Location ........................................ 3-39
3 0 8-9.3 Determination of Acreage for Revegetation ............... 3-39
0 308-9.2
308-9.3.1 by Construction ................................... 3-39
3 08-9-3.2 Affected by Project Construction ....................... 3-39
308-9.4 308-9.4.1 Plant and Material Salvaging ......................... 3-40
13 08- 9.4.2 Transplant Material Preparation ........................ 3-41 308-9.4.3 Transplant Areas .................................. 3-41
308-9.4.4 Transplanting .................................... 3-41
Revegetation of Temporarily Impacted Areas .............. 3-41
Restoration of Original Conditions ...................... 3-41
Revegetation ..................................... 3-41
308-9.6 Monitoring Program ................................ 3-42
Success Criteria ................................... 3-42
Measurement and Payment ........................... 3-42
308-9.8.1 Measurement ..................................... 3.42
Payment ........................................ 3-42
LANDSCAPE AND IRRIGATION INSTALLATION ........ 3-38
Acreage of Pickleweed Permanently Lost
Acreage of Saltmarsh Vegetation Temporarily
Revegetation of Permanently Lost Pickleweed Habitat ........ 3-40
:3 08 -9.5
,308-9.5.1
308-9.5.2
308-9.7
3 08-9.8
308-9.8.2
a
ix
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Y
APPENDIX H
APPENDIX I
APPENDIX J
APPENDIX K
APPENDIX L SUBMITTAL REGISTER
CALIFORNIA DEPARTMENT OF TRANSPORTATION
ENCROACHMENT PERMIT
CITY OF CARLSBAD SPECIAL USE PERMIT AND MITIGATION
MEASURES
U.S. ARMY CORPS OF ENGINEERS BEACH PROFILES
SURVEY CONTROL POINTS FOR DREDGING AND GRADING
PLAN
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0
March 9, 1994
ADDENDUM NO. 1
BATIQUITOS LAGOON ENHANCEMENT PROJECT
CITY OF CARLSBAD CONTRACT NO. 3429
The enclosed documents, including the clarifications and accompanying pian
sheets, 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 required on Page 8 of the Contract Documents and Special Provisions for said
project.
Any questions regarding information, data, drawings, exhibits, or other
materials contained herein are to be directed to the Construction Manager, Mr. Nick
Gennaro, c/o Centennial Engineering, Incorporated, at (619) 931-5729.
PLEASE NOTE: THE BID DATE FOR THIS PROJECT HAS BEEN EXTENDED
SEVEN (7) CALENDAR DAYS FROM THURSDAY, MARCH 17,
1994 4:OO P.M. TO THURSDAY, MARCH 24.1994.4:OO P.M.,
AS FOLLOWS:
Page 1, paragraph 1 of the contract documents, Notice Inviting
Bids, is hereby changed to receive bids for this project until 4:OC
P.M., Thursday, March 24,1994. The location for receipt of bids
is unchanged as stated in the contract documents.
0
Lcc,
JOHPM. CAHILL~
Municipal Projects Manager
City of Carlsbad Project Director * Batiquitos Lagoon Enhancement Project
2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 16
March 9, 1994
e
ADDENDUM NO. 1: CONTRACT NO. 3429
BATIOUITOS LAGOON ENHANCEMENT PROJECT
1. Reference Page 1, paragraph 1 of the contract documents. The bid date for
this project has been extended seven (7) calendar days from Thursday, March
17, 1994, 4:OO P.M. to Thursday, March 24, 1994, 4:OO P.M. The location
for receipt of bids is unchanged as stated on Page 1, paragraph 1 of the
con tract documents.
Reference Page 8 of the contract documents. Prospective bidders shall note
the receipt and inclusion of this Addendum No. 1 on Page 8 with the bid
sub m itta I.
The enclosed pages of the Contract Documents and Special Provisions
beginning with TABLE OF CONTENTS, Page i, shall be substituted for the
appropriate corresponding pages of said documents.
The enclosed drawings shall be substituted for the appropriate corresponding
drawing sheets. Where new drawing sheets have been included, these
drawing sheets shall be added to the project plan set.
The enclosed Submittal Register, pages 1 through 3 inclusive, shall be
substituted for Appendix L within the contract documents.
The enclosed California Coastal Commission Amended Coastal Development
Permit No. 6-90-219-A, pages 1 through 6 inclusive, shall be substituted for
Appendix B within the contract documents. The enclosed Notice of
Acceptance letter dated March 4, 1994 from the California Coastal
Commission shall be added to Appendix B within the contract documents.
Attention is directed to Section 7-5 and 7-5.3 regarding the inclusion of the
provisions of these aforementioned permit requirements within the contract
documents.
The enclosed California State Lands Commission letter dated February 25,
1994 shall be added to Appendix E within the contract documents.
Section 8-2.1 shall include the addition of the following Class “A Field Office
and related facilities to those facilities required by this Section:
2.
3.
4. e
5.
6.
7.
8. * (1)
0 March 9, 1994
CLARIFICATIONS ARISING FROM THE
FEBRUARY 24,1994 PROJECT PRE-BID MEETING .
1. The Engineer's Estimate on Page 1 of the Contract Documents and Special
Provisions does not include the estimated cost for the optional West Carlsbad
Boulevard revetment. The Engineer's Estimate for the revetment is
$1,219,350.
As an alternative to completion of construction of nesting sites E-1, E-2 and
E-3 by March 1, 1995, Contractor may complete only nesting site E-1 by
March 1, 1995 provided that the water level is maintained at +1.9 feet NGVD
throughout the nesting season starting on March 1, 1995. Construction of
nesting site E-2 and E-3 shall be completed by March 1, 1996. If the
Contractor decides to implement this alternative, liquidated damages for not
completing E-1 by March 1, 1995 shall be $2,000 for each day beyond the
completion date and $1,000 for each day the water level is not maintained
at +1.9 feet NGVD. Liquidated damages for not completing E-2 and E-3 by
March 1, 1996 shall be $2,000 for each day beyond the completion date.
There will be a pre-construction survey conducted by the Engineer for the
purpose of obtaining current information on the existing conditions in the
lagoon. If it can be demonstrated by comparison of the pre-construction
survey with the bid documents that there is greater than a 20 percent change
in the total dredge volumes to obtain the required areas as shown in Table
1, Section 300-11.3.11, then the unit bid price per acre will be subject to
renegotiation.
Reference on the Plans and in the Contract Documents and Special Provisions
to the Atchison Topeka & Santa Fe Railroad (AT&SF) should be referred to as
the San Diego Northern Railway (SDNR).
The status of the permits as of March 9, 1994 is as follows:
Appendix A.
2.
3. @
4.
5.
U.S. Army Corps of Engineers - Amendment of the Special
Conditions to Department of the Army Permit No. 88-217
for the Batiquitos Project are anticipated and shall be
binding upon both the Contractor and the City of Carlsbad
as permit applicant. The following amendments to the
Special Conditions bring the permit conditions in
conformance with the specifications. e (1)
\
Within Special Conditions 1,4, 7, 8'9, 10, 11, 12, and 19
references to California least tern will be changed to least
terdwestern snowy plover. In conditions 4 and 6, the
beginning of the nesting season will be changed from April
1 to March 1.
Appendix B. California Coastal Commission - Final project permit
included in this Addendum No. 1 incorporated in
Appendix B.
California Department of Fish & Game - Change April 1 to
March 1 in Condition 12 only.
California Regional Water Quality Control Board - See
incorporated Monitoring and Reporting Program No. 93-
50 requirements.
State Lands Commission - City reserves right to pass
conditions on to Contractor. No new conditions expected.
State Parks and Recreation - City reserves right to pass
conditions on to Contractor. No new conditions expected.
North San Diego County Transit Development Board - See
incorporated supplement.
a
Appendix C.
Appendix D.
Appendix E.
Appendix F.
Appendix G.
m
Appendix H. . California Department of Transportation - City is in
process of obtaining encroachment permit for all work
within CALTRANS right-of-way. This permit is anticipated
to be issued within 90 days of NTP. Contractor shall
perform no work within CALTRANS right-of-way prior to
encroachment permit issuance. Contractor's schedule
shall incorporate potential work restrictions both prior to
and following permit issuance. No additional
compensation shall be allowed therefor.
Seven (7) 5-1/4 inch diskettes, in AutoCad ver 12.0, of the available pre-
construction survey and proposed dredging and grading plan are available
directly from Moffatt & Nichol, Engineers. Copies of the diskettes arc
available to the Bidder for a non-refundable, C.O.D. pre-payment of $200.00.
This data was prepared for the City's use for estimating quantities and tc
design the project to conform with agency requirements. No representatior
is made as to the suitability of the data for any use by the Bidder or
6.
0 (2)
Contractor. No representation as to the accuracy or completeness of the data
is made by the City or its Consultants.
To satisfy permit conditions, the copy of the "as-builts" submitted to the
Engineer by the Contractor will be provided to the California Coastal
Commission by the Engineer.
To satisfy permit conditions, the incorporated drawing identified within
Addendum No. 1 dated December 17, 1993 shows the estimated 10 acres of
vegetation impact.
Start of construction of the optional West Carlsbad Boulevard Revetment
shown on sheets 54, 59,60 and 61 shall not occur until a separate permit is
obtained from the California Coastal Commission by the City.
A traffic signal has been installed at the intersection of El Camino Real and
the access road to nesting sites E-2 and E-3 (see Sheet 48). Reference notes
on Sheet 48 regarding barricade removal and replacement. Contractor is
required to coordinate with City any proposed modifications to said signal
system necessary to accommodate Contractor's access. No additional
compensation shall be allowed therefor.
A copy of the sign-in sheet from the February 24, 1994 pre-bid meeting is
included for information.
The Contractor is not permitted to construct a permanent water control
structure, such as a weir or dam or any other structure, in the area between
the West Carlsbad and East Carlsbad Boulevard bridges such that it prohibits
the bridge contractor from constructing the replacement West Carlsbad
Bou I evar d bridge.
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7.
8.
9.
10.
11. 0
12.
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March 17, 1994 e
ADDENDUM NO. 2: CONTRACT NO. 3429
BATIOUITOS LAGOON ENHANCEMENT PROJECT
1. CLARIFICATION: Reference Addendum No. 1, substitute Appendix G,
regarding the Contractor's requirement to provide a Faithful Performance
Bond and a Labor and Materials Bond to North San Diego County Transit
Development Board. Contractor shall provide said bond(s) only in the value
of the work to be performed related to the railroad bridge and all other work
performed within the railroad's right-of-way.
The enclosed drawings, sheets 43 and 78, shall be substituted for the
corresponding drawings in the project plan set.
Reference Appendix H: State of California Department of Transportation
Permit.
The enclosed permit shall be included as Appendix H in the contract
documents. Contractor shall perform, complete, and otherwise comply with
all requirements, submittals, and fees as stated therein. No additional
compensation shall be allowed therefor.
Bedding stone as indicated on sheets 72, 73, 74, 76, 78, and 79 shall
conform to the specification as listed in the Standard Specifications for Public
Works Construction, "Green Book", Section 200-1.2 Crushed Rock, one-inch
gradation.
Reference to Page 1-37, Section 8-2.1 regarding the requirement to compact
and spread aggregate base material on the cleared site. Change the
requirement from 20" of aggregate base material in sub-paragraph 1, line 2,
to read: "....a containment area, compacted and spread with 5" of aggregate
base material."
Reference Addendum No. 1, substituted page 1-15a1 first full paragraph,
change line 2 to read: "....emplovees are & bound bv the terms of this
agreement or obligated to make any payment ....'I
2.
3.
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4.
5.
6.
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0 - City of Carlsbad
March 21, 1994
ADDENDUM NO. 3
BATIQUITOS LAGOON ENHANCEMENT PROJECT
CITY OF CARLSBAD CONTRACT NO. 3429
The enclosed documents constitute Addendum No. 3 for the above referenced
project.
Prospective bidders are to note the receipt and inclusion of this Addendum No. 3
as required on Page 8 of the Contract Documents and Special Provisions for said
project.
Any questions regarding information, data, drawings, exhibits, or other materials
contained herein are to be directed to the Construction Manager, Mr. Nick Gennaro,
c/o Centennial Engineering, Incorporated, at (619) 931-5728.
PLEASE NOTE: THE BID DATE FOR THIS PROJECT HAS BEEN EXTENDED
FROM THURSDAY, MARCH 24, 1994, 4:OO P.M. TO
WEDNESDAY, MARCH 30,1994,4:00 P.M. AS FOLLOWS:
Page 1, paragraph 1 of the contract documents, Notice Inviting
Bids, is hereby changed to receive bids for this project until 4:OO
P.M., Wednesday, March 30, 1994. The location for receipt of
bids is unchanged as stated in the contract documents.
0
JOIN J. AHI ILL
Municipal Projects Manager
City of Carlsbad Project Director 0 Batiquitos Lagoon Enhancement Project
2075 Las Palmas Drive - Carlsbad, California 92009 - (619) 438-1 16
2. Enalosed: Table of Contentx €or Addendum No. 2;
3. Clarificationr The iour-inch high polyethylene netting on nesting Bite E-2 as indicated in Construction Note
4. Clarification: Contractor ehall place an additional
shall not k
No.9, sheet 4
pix-inch layei
1,!5 and 300-12 of the Standard Specifications and Specrial
5. Add to page 8 of epecificationw
22 JAQlUx
6, Page 2-19, Seation 206-6.7, second paragraph, line
7, Page 2-13, Section 205-1.4.7, &pike Grid, line out and replace with 510 e 887 - 8500 and u L 8s- - I
8. Clarification: The intent of the contract is to pay
9 €or acres actually developed by the contractor
@ with '-'I;
Provieion
$-- $-
oIt rtSL-7B11 and
phone and fa%
in bid items 7 by either d
reepeeitively.
based on existing survey data.
9. Modify page 6, quantities for bid items 7, 8, and 5
Item 7 - 90 acm@ Item 8 = 220 acreta Item 9 = 15 heres
*
such thatt
CITY OF CARLSBAD, CALIFORNIA
NOTICE I"G BIDS
.,
Sealed bids wilt be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 400 P.M. on the 17th day of March, 1994,
at which time they will be opened and read, for performing the work as follows:
BATIQWI'OS LAGOON ENHANCEMENT PROJECT
CONTRACT NO. 3429
The work shall be performed in strict conformity with the specifications as approved by the City
Chncil of the City of %arkbad on file with the Engineering Department. The specifications for the
work include the Standard Sdications of Public Works Construction, (SSPWC), 1991 Edition, and
tlhe 1992 and 1993 supplements, hereinafter designated "SSPWC", as issued by the Southern
CMifornia Chapter of the American Public Works Association and as amended by the special
provisions sections of this contract and Caltrans Standard Specifications (July 1992), for traffic control
plans, signing and striping plans, as modified in these special provisions. Reference 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 businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available and where appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department.
Each bid must be accompanied by security in a form and amount required by law. The bidder's
security of the second and third next lowest responsive bidders may be withheld until the Contract
has been fully executed. The security submitted by all other unsuccessful bidders shall be returned
1.0 them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
~irovisions of law (Public Contract Code Section 22300), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. Section 22300 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent.
'me documents which must be completed, properly executed, and notarized are:
@
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
.All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
(approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$3 1,400,OOO.
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a No bid shall be accepted from a Contractor who is not licensed in accordance with the provisions of
California state law. The contractor shall state its license number, expiration date and classification
in the proposal, under penalty of perjury, pursuant to Business and Professions Code Section 7028.15.
The following classifications are acceptable for this contract: General Engineering Contractor "A" license, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City HaIl, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, for
a non-refundable fee of $50.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity
or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy
of appIicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom
the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
workers employed by him or her in the execution of the Contract.
The prime contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply
1.0 the Contract for work.
!PLEASE NOTE: A pre-bid meeting will be held at the City Council Chambers, 1200 Carlsbad
'Village Drive, in Carlsbad, at 1000 a.m., on Thursday, February 24,1994.
,All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
ithis proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In we of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
ibasis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
4D
.)
2
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding.
Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers and materials
siippliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively,
of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be
retained by the City until they are released as stated in the Special Provisions section of this contract. Ad 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 originaI, 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 certified 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.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in
the State of California by the Insurance Commissioner. Auto policies offered to meet the
specification of this contract must: (1) meet the conditions stated above for all insurance companies
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company meeting
the above standards with the exception that the Best's rating condition is waived. The City does
accept policies issued by the State Compensation Fund meeting the requirement for workers'
campensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cmt of said insurance shall be included in the bid price.
Tbe prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
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Approved by the City Council of the City of Carlsbad, California, by Resolution No. 94-20, adopted on the 11th day of January, 1994.
*
13. my
Dat4 I J I
1)
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4
72- JAe-9
CITY OF CARLSBAD
BATIQUITOS LAGOON ENHANCEMENT PROJECT
CONTRACT NO. 3429
CONTRACTOR’S PROPOSAL
-c)
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish
all labor, materials, equipment, transportation, and services required to do all the work to
complete Contract No. 3429 in accordance with the Plans and Specifications of the City of
Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Item Description with Approximate
Item Unit Price or Lump Sum Quantity Unit
Price Written in Words and Unit Price Total
preparatory work and
demobilization not to exceed
10 percent of total bid
amount at
rzo~lm~~ F~UE WW-D
-f37as&Jo A d~-$k- dollars
lump sum.
- 1 Mobilization and 1 LS $ z,Goo,~o- $ 2,5a?w e
c -
2 Traffic Control System at - 1 LS $ 100 $ (00
ONE CLutmm PFJD E&
dollars lump sum. - Water Level Control System 1 LS $ la,oa $ Ic0,oOo- 3 at %E WAJDW W 5AND
PND rp oc)
dollars lump sum.
a
5
Item Description with Approximate * Item Unit price or Lump Sum price Quantity Unit No. Written in Words and Unit Price Total -
4 Clearing and Grubbing not to 1LS $ l0,W - $ 10, ccm
exceed Ten Thousand Dollars
($lO,OOO.OO) k=p++t= at ,-
dollars - 00 +EN c~.cstCS/bdD AND r
iumD sum.
Central Basin with disposal to
East Basin nesting sites and
access roads at
5 Dredging in Area "D" of 343,000 CY $ 5* $ 1,852,Zol
Clr/gDOUn-eS AuP FUf2S-V CEhlTS dollars per cubic
yard.
Central Basin with disposal to
beach
5 Oe-. 6 Dredging in Area "D" of 1,600,OOOCY $ $ s.m,aX
flVE DOUMLS AND NO C.fZN3-s
dollars per cubic yard. / 0 7 Dredging side slopes in - 90 AC $ 1,5m $ 13Sp
8 Dredging in East Basin at - - 220 AC $ 15,m- $ 3: =!a
Central Basin and fill in Area - D at
FIF- U-udWkQ Am ge
dollars per acre.
Fc Frbw ~GLSAAID WJ D %
per acre.
dollars
- 15 AC $ %to- $ &EO, 0 9 Dredgin in West Basin at - Cwlery LU.SAt4b AM0 2
dollars
per acre.
Drains at
10 Furnish and Install Wick 134,600 LF $ 4co $ 53,4
6UK. DO- AUD &O Ct-h)Ts dollars
per linear feet.
1)
6
-* Item Description with Approximate
Item Unit Price or Lump Sum Quantity Unit
& Price Written in Words and Unit Price Total
e 11 Construct nesting site W-2 1 LS $ 3cu.Cca- $ 3a0,OOO
at
hkEl5 hDWkhAW 5)
pa0 2
3-l.ha-Lj +bw AIJD &
dollars lump sum. - 12 Construct nesting site E-1 at 1 LS $ 3.ao- $ -,-
13 Construct nesting site E-2 at 1 LS $ rAQ,aw- $ 14qm-
14 Construct nesting site E-3 at 1 LS $ 3m,mo-- $ 3&,m-
dollars lump sum.
ONE wtJoRED AND mew
+housfrdO 4 rJD zz-
dollars lump sum.
do'
-4-wlz \5-uli)oeEo -4-4m-W w! Ado *&
dollars lump sum. - 0 15 Construct jetties at 1 LS $ 3- L66,oOO- $ 3, &,Sa,
fi. hVlU0~ SfX ,4hMO&?@ Pdo
~~~AW~SA~JD AUO %z-
dollbs lump sum. -
SEU~ pwom fimsadD
/do 6
dollars lump sum.
at E~~~KWOW SPJO
TWQLJFSLUE Awu-.auD
MD 'e dollars
lump sum.
16 Construct tidal inlet at 1 LS $ 700.000- $ ?Ob, 600
00
17 Modifications at 1-5 Bridge 1 LS $ g25,md- $ 82.5, m-
1 LS $ 80.000- $ z?m -
00
18 Construct culverts at
E;1~6~ry -cbkpccwo aND ZG
dollars lump sum. *
7
'.
Item Description with Approximate a Item Unit price or Lump Sum price Quantity Unit - No. Written in Words and Unit - Price Total
19 Modifications to and at 1LS $ (,%Km- $ /,86Srn
AT&SF Railroad
trestlebridge at meknfLLr0n) e71;bwkL1m4?m PYD
lump sum.
(Revegetation) at
S(Kry @I &w fiorsaluo A&&dollars
20 Salt Marsh Mitigation 10 AC $ 50~~- $ 5C0,m
F1F.tV * OffSAND WDZ
dollars
per acre.
Boulevard Revetment at
F(U& &A/oae3 AuD tfcrRFl
- dollars per linear feet.
(Optional)
21 Construct West Carlsbad 850 LF $ 539- $ &O,B
/BUD *A
22 Construct tidal inlet channel - 1LS $ /so,m- $ LSd,Sa(
between WCB Bridpe and
ECB Bridee as described in
Addendum No. 1. Section
Ad0 61.1FiU h m5A1d~ pl\r~ %
dollars lumu sum.
NestinP Site W-1. at
dollars &r cubic yard.
0
h
23 Place six-inch sand laver on 1,600cY $ 23= $ 36,m
+U&&Ty-tktP€E ANI) e
Total amount of bid (Item 1-23 inclusive) in words: fLu&;cITy-f=lU~ mfu/Od ,. diflg
Od &AJO&@MD mm-s/x +i$ ou5pn)o MI0 <K
Total amount of bid (Item 1-23 inclusive) in numbers: $ 25, q4d,o6 -
I I
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). I ~ '2. 4 3 hashave been received and dare included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that the City will no
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
dfc?J e
bf h5q4 Ae@--fV 8
3-30 -?"3=-
e
The Undersigned agrees that in case of default in executing the required Contraci
with’necessary bonds and insurance policies within twenty (20) days from the date
of award of Contract by the City Council of the City of Carlsbad, the proceeds of the
check or bond accompanying this bid shall become the property of the City 01
Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is
licensed to do business or act in the capacity of a contractor within the State o
California, validly licensed .... ....
0
0 %a
// / &Ji +..4 PA&&& f&-+ ay dff 13 JZ
I+
which expires on -
11 /30/95 , and that this statement is true kd correct and has the legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City. 0 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code 9 20104.
The Undersigned bidder hereby represents as follows:
under license number 5 8 0 8 3 0 classification A
1. That no Council member, offcer agent, or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this Contract, or the compensation to be
paid hereunder; that no representation, oral or in writing, of the City Council, its
officers, agents, or Contract,
excepting only those contained in this form of Contract and the papers made a part
hereof by its terms; and
employees has induced hider to enter into this
2. That this bid is made without connection with any person, fm, or corporation making
a bid for the same work, and is in all respects fair and without collusion or fraud.
0 Accompanying this proposal is Bid Bond
(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 requires
every employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
connply until the contract is complete.
....
....
....
....
e
9
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, @ relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
- IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number)
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 must
be made by a general partner)
e
(3) Place of Business
(Street and Number)
City and State
Zip Code Telephone No.
e
10
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
e
T. L. James & Company, Inc.
- h-
(2) /% e
G. W. James, I11 ,pi&
Sr. Vice President -
Title
Impress Corporate Sed here
(3)
(4) Place of Business P. 0. Box 20116
Incorporated under the laws of the State of Louis iana
(Street and Number)
City and State New Orleans, LA
(5) Zip Code 70141-0116 Telephone No. (504) 461-9200
0
NOTAFUAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners:
William J. Deasy
G. W. James, 111
James C. Love, 111 Sr. Vice President and Secretary
President and Chief Executive Officer
Sr. Vice President
Richard G. Brantley Assistant Secretary
J)
11
ALL= PUIRWSE ACKNO W LE DdME NT
INDIVIDUAL(S)
a CORPORATE 'J. T, . .T;
OFFICER(S) Sr . Vi(
TI1 NAME. TlTLE OF OFFICER. E G , 'JANE DOE. NOTARY PUBLIC'
If .TEFFER SON
March 30, 1994 beforeme, Donald P. Preau9 Notary Public
0 PAATNER(S)
personallly appeared G. W. James, 111 0 ATTORNEY-IN-FACT
0 TRUSTEE(S) NAME@) OF SIGH ER(S)
[XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Mare subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
acted, executed the instrument.
Witness my hand and official seal.
SUBSCR,slNG W,TNE!
cI GUARD,AN,CONSERV,
OTHER:
. ortheentityupon behalf of which theperson(s) SIGNER IS REPRESEl
T. L. James & Co
NAME OF PERSON(S) OR ENTIW
-
ATlENllON NOTARY: Although the information requested below IS OPTIONAL, I1 could prevent fraudulent attachment of thls caniflcate to unauthonred doc
THIS CERTIFICATE Title or Type of Document Bid Proposal
Number of Pages 8 Date of Document March 30' Igg4
0 19% NATIONAL NOTARY ASSOCIATION * 8235 Rernmet Avo * P.O. Bar 7184 - WnOg1
e
,-
BIDDER’S BOND TO ACCOMPANY PROPOSAL e
KNOW ALL PERSONS BY THESE PRESENTS:
‘mwc,T- LO James Er Company, Inc. asprincipal, &Highlands Insurance CoBany 3
lSurery are held and firmly bound unto the City of Carlst>ad, California, in an amount as
lbllows: (must be at least ten percent (10%) of the bid amount)
lFar wfiich payment, well and truly made, we bind ourselves, our heirs, executors and
iulministratots, successors or assigns, jointly and severally, My by these presents.
’E CONDITlON OF THE FOREGOING OBLIGATION IS SUCH that ifthe proposal of
rhe above-bounden Principal for:
Ten Percent of the Amount Bid
BATIQUrrOS LAGOON EMHANCEMENT PROJECT
CONTRACT NO. 3429
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter
into and execute a Contract including required bonds and insurance policies within twenty (20)
,days from the date of award of Contract by the City Council of ?he City of Carlsbad, being
duly notified of said award, then this obligation ShaI] become null and void; otherwise, it shall
be and remain in full force and effect, and the amount specified herein shall be forfeited to the 0 said City.
....
8 ....
....
-...
....
.I..
....
.I..
..-.
....
.... a
12
In the event Principal executed this bond as an individual, it is agreed that the death of a Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 30th day of Executed by SURETY this= day of - March , 19 94 March ,1994.
PRINCIPAL: SURETY:
--- T. L. JAMES & COMPANY, INC. HIGHLANDS INSURANCE COMPANY
(Name of Principal) (Name of Surety)
10370 Richmond Avenue By: 4 Houston, TX 77042-4123
, / (sigi &*e) (Address of Surety)
-- C.W. James, I11 (713) 952-9555 -
(print name here) (Telephone Number of Surety)
- T. L. James & Co., Inc.
Sr. Vice President
(title and organization of signatory)
By: 3,bi -+. u \
Signature of Attorney-in-Fact
William H. Ellsworth
printed name of Attorney-in-Fact
(attach corporate resolution showing current
power of attorney)
0 By:
----..- Richard G. Brantley
(print name here)
Assistavt Secretary
T. L. dames EX Co., Inc.
(title and organiztion of signatory)
-- I
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(president or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: ' /+--&-
'KAREN J. HI~TA a Deputy City Attorney
13
NDS INSURANCE COMPANY
HQU 7
1)
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENT§:
That the Highlands Insurance Company, a corporation duly incorporated under the laws of the State of Texl
hereby constitute and appoint William H. Ellsworth, Ronald J. Schexnaydre, Jerry J. Teel, Charles F. Cowand, Ralph LeBlanc, Alexander J. Ellsworth, Jointly or Severally ___
of the City of Metaj rie , State of Louisiana -3 to be
and iawful attorney-in-fact for the following purposes, to-wit:
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances. obligations, stipL
undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set fort
appended resolution of the Board of Directors of the said Highlands Insurance Company; provided, that the penal sum of n
one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of
Unl imi ted - ($- Unlimited ): the Company hereby ratifying and confirming all and whatsoever the said attorney-in-f 0 lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation.
IN WITNESS WHEREOF, the said Highlands Insurance Company, pursuant to a resolution passed by its Board of D
at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, has caused ihese pr'
be sealed with its corporate seal, duly attested by the signature of its President, Senior Vice Presidents, Vice Presidents, 1
Vice Presidents and Secretary or Assistant Secretaries this January day of ___ 4th
-, A.D. 19 -. 94
HIGHLANDS INSURANCE COMPAhY y Qz- I
ff
(@ *
Senior Vice President BY @XAs
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF HOUSTON
On this 4th day of - January in the year 19 94 before me pt
appeared J. L. Darnold to me known, who, being by me duly sworn, did de;
of the Highlands Insurance Company, the corporation described in and which executed the above instrument; that he la
Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixEd to such in
by and under authority conferred by the Board of Directors of said corporation; and that he signed hi,? name !heyet(
say: That he resides in Houston, Texas; that he is ->ior Vice President -_--.
e authority.
% VICKIEA. BYUS
j - Notary Public, Stete of Texas My Commission Expires 06-30-96 Notary Pu ic, ta 5 of Tex s
RESOLUTION
RESOLVED, that this Company do, and it hereby does authorize and empower its President or any one of it
Vice Presidents, Vice Presidents or Assistant Vice Presidents, in conjunction with any one of its Secretaries or any o
Assistant Secretaries, under its corporate seal, to execute and deliver power of attorney or to appoint any person or pe
attorney-in-fact or attorneys-in-fact, or agent or agents of this Company, in its name and as its act, to executc and del
and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the perfi
of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permittl
actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or agent 01
to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or i
in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States o
State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any boarc
organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, made
given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporatior
office, interest, municipality or other association or organization whatsoever, in any and all capacities, whatsoever, coni
for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, ob1
stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so aul
to be specified in such power of attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and
of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may be
by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signat
seal shall be valid and binding on the Company.
1, R. S. Ashton, Assistant Secretary of Highlands Insurance Co
hereby certify that at a meeting of the Board of Directors of said Company, duly called and held at the office of the CI
at the City of Houston, on the 29th day of July, A.D., 1974, at which was present a quorum of said Directors, duly aut
to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the fo
is a true copy and of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Insurance Compan
94 4th day of January , A.D. 19 ~. @ Assi ycqkhfP- tant ecretary
t * *
&XAS
STATE OF TEXAS
COUNTY OF HARRIS
I, R. S. Ashton, Assistant Secretary of Highlands Insurance COI.
do hereby certify the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Highlands Ins
Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of Hc
March , A.D. 19 -. 94 Texas, this 30th day of
7 /p’YQA @$ -.7 5 Assistant Secretary
*.-.-
QXRS
A-LL=P'UIRPOSE ACKNOWLEDGMENT
CAPAClTY CLAIMED E
c] INDIVIDUAL(S)
@ CORPORATE T.L. ,
OFFICER@) Sr * vic
TIT NAME. TITLE OF OFFCER. E G , 'JANE DOE. NOTARY PUBLIC'
Q of JEFFERSON
0 PARTNER@)
0 TRUSTEE(S)
personailly appeared G. W. James, I11 0 ATTORNEY-IN-FACT
NAME(S) OF SIGHER(S) n perscinally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person@) whose name(s) Mare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person(s),
ortheentityupon behalf of which theperson(s)
acted, executed the instrument.
Witness my hand and official seal.
SUBSCR,B,NG W,TNE$
cI GUARD,AN,CONSERV,
OTHER:
SIGNER IS REPRESE)
T. L. James & Co
NAME OF PERSON(S) OR ENTITY(1
-
AIfllNTlON NOTARY: Although the Information requested below )s OPTIONAL. If could prevent fraudulent attachment of thls wniflcale to unauthonzed doc
THIS CERTIFICATE Title or Type of Document Bid Bond
Date of Document March 309 19! 2 Number of Pages
Signer(s) Other Than Named Above 4E DOCUMENT :RIBED AT RIGHT:
0 1691 NATIONAL NOTARY ASSOCIATION - 8238 Remmel Avo - P.O. 0or 7164 *&noga
0
ALL=PURLPOSE ACKNOWLEDGMENT
CAPACITY CLAIMED 6
0 INDIVIDUAL(S)
Donald P. Preau, Notary Public , 1111 NAME TITLE OF OFFICER. E G . 'JANE DOE, NOTARY PUBLC'
ate of - Louisiana
March 30, 1994 before me,
0 PAATNER(S)
B ATORNEY-IN-FACT William H. Ellsworth personally appeared
[lil personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
ortheentity upon behalf of which theperson(s)
acted, executed the instrument.
Witness my hand and official seal.
NAME(S) OF SICNER(S)
o SUBSCRlBlNG W,TNES
~ GUARD,ANlCONSERVP
0 OTHER:
SIGNER 1s REPRESEN'
Highlands Insuran
NAME OF PERSON(S) OR ENTITY(IE!
AlTENTlON NOTARY: Although !he Information requested below IS OPTIONAL. It could prevent fraudulent attachment of thls canikate to unaulhonred docu
Title or Type of Document
Number of Pages 2 Date of Document
Signer(s) Other Than Named Above
Bid Bond
March 30, 195
0 1991 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave * P.O. Box 7184 .CNlOQl pa
m
DESIGNATION OF SUBCONTRACTORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in
making up hisher bid and that the sub-contractors listed will be used for the work for which
they bid, subject to the approval of the City Engineer, and in accordance with applicable
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 these
subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad.
The following information is required for each sub-contractor. Additional pages can be
attached if required:
0
Items of Complete Address Phone No.
.- 'Work Full ComDanv Name with ZiD Code with Area Code
- @ r9 by E LWD INC S~B, CAR~~EMD,C~~Z~ (wi)~zq-7g~
2/20 LAs PALL&~~~ be.
I * L4 lA 21
I5
ld
22
!I
13
lJ U LA
Ll %.A L.
LA L4 L
l4 b LC
0-
LC v LA
U Ll LC
L.r k
k U tr
LC h
- 14-
- /7 t4
2
3
4-
- 18
E-
-
12 -
M L( 44 -
I1 %4 U
11 u r2 -
0
14
DESIGNATION OF SUBCONTRACTORS
The Contractor certifies heishe has used the sub-bids of the following listed Contractors in
malung up hisher bid and that the sub-contractors listed will be used for the work for which
they bid, subject to the approval of the City Engineer, and in accordance with applicable
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 these
subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad.
The following mformation is required for each subcontractor. Additional pages can be
attached if required:
e
Items of Complete Address Phone No.
-- Work Full Comuanv Name with Ziu Code with Area Code
2(- LAS PAL445 DR. ac4y E. LADD, he. S+G 8, elaRLSWD, CAqmq fit9 )@?q - 7888
6610 s. JoaDnrJ RD.
329 Sam tku PL.
#-, 23
0 NICE5 CSRp EUOWCQD. &LO %o!/z (303) 7&- 2ooo
'a NArl UE LdhiOSCPPh '%N OlGZw, c~,qa36 kf9) ZT- /&J3
0-
-
-
-
-
-
-
a
14
e AMOUNT OF SUBCONTRACTORS' BIDS
The bidder is to provide the following information on the subbids of all the listed
subcontractors as part of the sealed bid submission. Additional pages can be attached, if
required.
Type of State
Contracting Carlsbad Business Amount of Bid
Full ComDanv Name License & No. License No.* I$ or YO)
& &E*MO. lhlc P 2236$6 /201ZZ6 &%! DZzD
Mi)ATIdE bh) pSCAflE c-a7 5555 b- /20/244- 250, om
WlUxK - wrap A %37742 UAJE Zb, 000 - - - - - - - - 0
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license
musl. be obtained prior to submission of signed Contracts.
1)
15
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY a
Bidder submits herewith a statement of financial responsibility.
See attached 1992 and 1993 Consolidated Balance Sheets -
-
-
-
0-
-
-
-
-
-
-
(I)
16
T.L. JAMES & COMPANY
INCORPORATED
*
POST OFFICE BOX 1260
RUSTON, LOUISIANA 71273-1260 LANCE F. BOSPFLUG, CFA
SENIOR VICE PRESIDENT AND
CHIEF FINANCIAL OFFICER 1318) 255-7912 * FAX (3181 255-3129
March 22, 1994
Ms. Ruth Fletcher
Purchasing Officer
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Dear Ms. Fletcher:
Enclosed is a copy of T. L. James’ 1992 and 1993 Consolidated Balance Sheets.
These statements accurately reflect the financial position of T. L. James at the end of 1992
and 1993 respectively.
e
Should you have any questions, or if I may be of any assistance, please call me at
(318) 255-7912.
Sincerely, *a*
Lance F. Bospflug
LFB/j f
Enclosure
*
ARTHUR ASJDERSEN 6r Co.
,
I
REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS
To the Board of Directors and Stockholders
of T. L. James & Company, Lnc.:
We have audited the accompanying consolidated balance sheets of T. L. James & Company, Inc. and
subsidiaries (a Louisiana corporation) as of December 31,1993 and 1992. These financial statements
responsibility of the Company's management. Our responsibility is to express an opinion on these fi
statements based on our audits.
We conducted our audits in accordance with generally accepted auditing standards. Those standarc
that we plan and perform the audit to obtain reasonable assurance about whether the financial state!
free of material misstatement. An audit includes examining, on a test basis, evidence supporting the
md disclosures in the financial statements. An audit also includes assessing the accounting principl
and significant estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
consolidated financial position of T. L. James & Company, Inc. and subsidiaries as of December 31,l
1992, in conformity with generally accepted accounting principles.
&i/gLLz&h4-L ,<G
New Orleans, Louisiana,
February 25,1994 (except
with respect to the bank debt
revision discussed in Note 4,
as to which the date is March 15,1994).
-,> ( T. 1. TAMES & COMPANY. INC. AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
AS OF DECEMBER 31,1993 AND 1992 IC
ASSETS
1993 19'
CURRENT ASSETS
Cash and cash equivalents $ 39,721,000 $ 21,l
Receivables- Contracts 27,983,000 22,l
Retainage 7,617,000 11,8
Other 2,266,000 2,3
Costs and estimated earnings in excess of billings on
25,5 uncompleted contracts 18,678,000
Income tax receivable 1,836,000 12
Deferred tax asset 2,235,000
1 Prepaid expenses 2.022.000 Y
Investments in partnerships and joint ventures 46,000 t
Noncurrent receivables 5,000 Lt
Total current assets 102,358,000 84.7
INVESTMENTS AND OTHER ASSETS:
0 Other assets 1,031,000 1.1
Total investments and other assets 1,082,000 3.4
Construction equipment 64,061,000 62,E
Rental red estate 17,069,000 17,t
15,: Buildings, furniture and other 13,918,000
Land and timber held for sale 8,664.00 0 10,s
Total property and equipment 204,662,000 201,E
Less accumulated depreciation (147.922.ooQ) 1138.1
PROPERTY AND EQUIPMENT:
Marine equipment 100,950,000 95,:
Net property and equipment 56,740,000 63,;
Total assets $160,180,000 $151.1
The accompanying notes are an integral part of these consolidated balance sheets.
0
' I, T. L. TAMES & COMPANY. INC. AND SUBSIDIARIES
CONSOL IDATED BAI .ANC E SHEETS
AS OF DECEMBER 31 I 19 93 AND 1992 9
LIABILITIES AND STOCKHOLDERS' EOUITY
1993 199
CURRENT LIABILITIES
Current maturities of long-term debt $ 2,491,000 $ 2/65
Accounts payable 21,083,000 26,9E
Accrued liabilities 8,703,000 4/12
Billings in excess of costs and estimated earnings on uncompleted
Income taxes payable 773,000 9e
contracts 19,266 ,000 21.y
DEFERRED INCOME TAXES 5,475.000 2.2t
LONG-TERM DEBT 43,344,000 45.5:
Total current liabilities 52.316.000 56,le
OTHER LIABILITIES 3,884.000
MINORITY INTEREST IN CONSOLIDATED SUBSIDIARY
STOCKHOLDERS' EQUITY:
3,050,000 3,9!
Common stock, $100 par value, 1,000,000 shares authorized; 20,774 and
21,034 shares issued and outstanding at December 31,1993 and 1992,
0
respectively 2,077,000 23
Retained earnings 50.034.000 4123
Total stockholders' equity 52,111,000 43,9(
Total liabilities and stockholders' equity $160,180,000 $15l.S(
The accompanying notes are an integral part of these consolidated balance sheets.
@
DATE NAME AND NAME AND
CONTRACT ADDRESS OF PHONE NO. COMPLETED THE EMPLOYER OF PERSON TO CONTACT
12/07/86 Savannah District Wade Seyle
Corps of Engineers (912) 652-5508 P. 0. Box 889
Savannah, GA 31402
Corps of Engineers (410) 962-5632 P.O. Box 1715
Baltimore, MD 21203
Corps of Engineers (904) 232-1123 P. 0. Box 4970 Jacksonville, FL 32232
Corps of Engineers (205) 690-2588 P.O. Box 2288 Mobile, AL 36628
Corps of Engineers (410) 962-2059 P. 0. Box 1715 Baltimore, MD 21203
Corps of Engineer8 (803) 743-9454
P. 0. Box 919
Charleston, SC 29402
08/03/93 Port of Miami Claude Bullock
1051 N. America Way (305) 371-7678 Miami, FL 33232
10/21/90 Baltimore District Jeff McKee
12/1aI/90 Jacksonville District John Adams
10/04/91 Mobile District Paul Warren
09/03/92 Baltimore District Bruce Ware
04/29/93 Charleston District Kevin Widner
11/291/93 Mobile District Paul Warren Corps of Engineers (205) 690-2588 P.O. Box 2288 Mobile, AL 36628
L
This is a brief indication of some of the projects
TYPE OF AMOUI
WORK OF CONTRj
Dredging - Kings $24,685, Bay Naval Submarine Base
Dredging - $50,531
Baltimore Harbor and Channels
Dredging - Sand $12,358 Key Beach Nourishment Project
Dredging Gulfport $ 1,433 Harbor (Project
#I)
Dredging - Ocean $10,936, City Beach Nourishment Project
Beach Nourishment
Project
Dredging - Miami $15,379, Harbor
Dredging - Folly $ 8,111,
Dredging - $16,018, Gulfport Harbor (Project X2)
recently performed. Numerous c
NON-COLLUSION AFFIDAVIT TO BE EXECUTED e BY BIDDER AND SUBMITTED WITH BID
State of EBB&- Louisia$a
Parish ) ss. m of Jefferson 1
G. W. James, I11 , being first duly sworn, deposes
(Name of Bidder)
and says that he or she is Sr. Vice President
(Title)
(of T. L. James & Company, Inc.
(Name of Firm)
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with anyone else that said bidder or anyone
(else would submit a false or sham bid, or that anyone else should refrain from bidding or
.withdraw Contractor bid; that the bidder has not in any manner, directly or indirectly, sought
'by agreement communication, or conference with anyone to fix the bid price, or of that of any
other bidder, or to fix any overhead, profit, or cost element of advantage against the public
'body awarding the contract to anyone interested in the proposed contract; that all statements
contained in the bid are true; and further, that the bidder has not, directly or indirectly
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
mformation or data relative thereto, or paid, and will not pay, any fee to any corporation,
]partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
[ declare under penalty of perjury that the foregoing is true and correct and that this affidavit
0
'was executed on the Ehday of March ,193.
x
Sr. Vice President Signature of Bidder Gg James 9 111
Subscribed and sworn to before me on the30th day of March ,192.
i(N0TARY SEAL)
Signature of Notary Donald P. Preau
Notary Public .,
18
.. ..__
9835 GOETHE ROAD, SACRAMENTO, &FoRtd
M4lUNG ADDRESS: P.O. 8oX 2Mxx) Consumer SACRAMEMO. CAUFORNlA 95026
'~\-~I%3"t of (
119 16/255-3900
1/800/321-CSLB IW.
Automated Phone System
License Number: 580830 Entity: CORP
m
T L JAMES & COMPANY INC
POBOX 1260
RUSTON, LA 71273
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hHrbr 5a0830 m CORP
CONTRACTORS STATE LICENSE BOARD I= ACTIVE LICENSE
$aslNn* T I. JA~ES a conpm ittc
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CITY OF CARLSBAD
BUSINESS LICENSE
1200 CARLSBAD VILLAGE DR., CARLSBAD, CA 92008 (61 9) 434-2882
T.L. JAMES d COMPANY, INC.
LICENSE MUST BE POSTEI
504-467-600 BUSINESS PREHISES.
NOTI FY BUSINESS LI CENSE
INESS AS (DBA, BUSINESS NAME): IF YOU CHANGE LOCATION C
L. JAMES d COMPANY, INC. OPERAT I ON.
TED AT (BUSINESS LOCATION):
NT ROSE, LA 70087
JAMES DR #270
SAINT ROSE, LA 70087 318-255-791
~ DEASY, WILLIAM J. CORP. OFFIC
I P.O. BOX 20116
NEW ORLEANS, LA 701 41 504-467-600 I
T. L. JAMES d COPfPANY, INC.
NEW ORLEANS, LA 70141-01 16
ACCI iribirc nnnli
a
RESOLUTION
I, Jimmy Love, Secretary of T. L. JAMES & COMPANY, INC., a corporation
organized under the laws of the State of Louisiana, domiciled at Ruston, Louisiana,
hereby certify that the following is a true and correct copy of a resolution passed by the
Board of Directors of the Corporation on March 19, 1985.
RESOLVED, that G. W. James, I11 be, and he hereby is authorized and
empowered to execute for and on behalf of and in the name of this
Corporation any bid proposals, bid bonds, contracts, affidavits and
related documents or to attest to any and all said documents for this
Corporation’s dredging activities and authorized to do anything else 0 necessary in this connection.
WITNESS MY HAND and seal of the Corporation at Ruston, Louisiana, on this
- 30tUay of March , 193.
T. L. James & Company, Inc.
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CONTRACT - PUBLIC WORKS
This agreement is made thisd?day of &W , 19&, by and between the City ( Carlsbad, California, a municipal corpor 'on, (hereinafter called "City"), and
T.L. JAMES E COMPANY, INC. whose principal place ofbusine: is P 0 BOX 20116 NEW ORLEANS LA 70141-0116
(hereinafter called "Contractor".)
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City and Contractor agree as follows:
1. Description of Work.
documents for: Contractor shall perform all work specified in the Contrac
BATIQUITOS LAGOON ENHANCEMENT PROJECT
CONTRACT NO. 3429
(hereinafter called "projectf')
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tool: equipment, and personnel to perform the work specified by the Contract 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
Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions
and all proper amendments and changes made thereto in accordance with this Contrac
or the Plans and Specifications, and all bonds for the project; all of which arl incorporated herein by this reference.
Contractor, herhis subcontractors, and materials suppliers shall provide and install thc
work as indicated, specified, and implied by the Contract Documents. Any items o
work not indicated or specified, but which are essential to the completion of the work
shall be provided at the Contractor's expense to fulfill the intent of said documents
In all instances through the life of the Contract, the City will be the interpreter of thl
intent of the Contract Documents, and the City's decision relative to said intent will bl
final and binding. Failure of the Contractor to apprise subcontractors and material:
suppliers of this condition of the Contract will not relieve the Contractor of it
2.
3.
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4. Payment. 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 Standard
Specifications for Public Works Construction (SSPWC) 1991 Edition, and the 1992 anc
1993 supplements, hereinafter designated "SSPWC", as issued by the Southerr
California Chapter of the American Public Works Association, and a% amended by th~
Special Provisions section of this contract. The closure date for each monthly invoice
will be the 30th of each month. Invoices from the Contractor shall be submitted
according to the required City format to the City's assigned project manager no late]
than the 5th day of each month. Payments will be delayed if invoices are received aftei
the 5th of each month. The final retention amount shall not be released until thc i 19 I
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expiration of thirty-five (35) days following the recording of the Notice of Completio
pursuant to California Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to be st
forth in the terms of the contract. Below is such a summary. However, Contract( should refer to Public Contract Code section 20104.50 for a complete statement of tl-
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 properl.
submitted payment request, then the City shall pay interest to the Contractor equivalen
to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Civ
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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 intere:
shall be reduced by the number of days by which the City exceeds the seven (7) da C return requirement.
"Progress payment" includes all payments due Contractors except that portion of thi
final payment designated by the contract as "retention earnings".
Independent Investigation. Contractor has made an independent investigation of thc
jobsite, the soil conditions at the jobsite, and all other conditions that might affect thc
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, ii
order to overcome underground conditions. information that may have beel
furnished to Contractor by City about underground conditions or other job condition:
is for Contractor's convenience only, and City does not warrant that the conditions arl
as thus indicated. Contractor is satisfied with all job conditions, including undergrounc
conditions and has not relied on information furnished by City.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible fo
all loss or damage arising out of the nature of the work or from the action of thc
elements or from any unforeseen difficulties which may arise or be encountered in tht prosecution of the work until its acceptance by the City. Contractor shall also bc
responsible for expenses incurred in the suspension or discontinuance of the work
During the progress of the work under this contract and until its final acceptance, thc
Contractor shall have the charge and care thereof and shall take every necessq
precaution against injury or damage to any part thereof by the action of the elements
or from any other cause whatsoever whether arising from the execution or from thc
non-execution of the work.
5.
Any
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The Contractor shall, at Contractor’s expense, rebuild, repair, restore and make goc
all injuries or damages to any portion of the work from any and all causes before i
completion and final acceptance, and shall deliver the work complete in accordanc
with the terms of the Contract.
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, notil
City, in writing, of any:
A.
7.
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1 Material that Contractor believes may be material that is hazardous waste, : defined in Section 251 17 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 wil I provisions of existing law.
1 indicated.
B. Subsurface or latent physical conditions at the site differing from tho!,
C. Unknown physical conditions at the site of any unusual nature, differer
materially from those ordinarily encountered and generally recognized s
inherent in work of the character provided for in the contract.
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 increas
in contractor’s costs of, or the time required for, performance of any part of the wor
shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the condition
materially differ, or involve hazardous waste, or cause a decrease or increase in th
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 b
the 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 changes
modifications and extra work by issuance of written change orders. Contractor shal
make no change in the work without the issuance of a written change order, ani
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 o
additional compensation to be paid for the work. If a change order deletes any work
the contract price shall be reduced by a fair and reasonable amount. If the parties arl
unable to agree on the amount of reduction, the work shall nevertheless proceed and th
amount shall be determined by litigation. The only person authorized to order change
or extra work is the Project Manager. The written change order must be executed b
the City Manager or the City Council pursuant to Carlsbad Municipal Code Sectioi
3.28.172.
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9. Immigration Reform and Control Act. Contractor certifies he is aware of th
requirements of the Immigration Reform and Control Act of 1986 (8 USC Section 1 21 I
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1101-1 525) and has complied and will comply with these requirements, including, bl
not limited to, verifying the eligibility for employment of all agents, employee
subcontractors, and consultants that are included in this Contract.
Prevailing Wage. Pursuant to the California Labor Code, the director of the Departmei of Industrial Relations has determined the general prevailing rate of per diem wages
accordance with California Labor Code, Section 1773 and a copy of a schedule of sa
general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and
incorporated by reference herein. Pursuant to California Labor Code, Section 177:
Contractor shall pay prevailing wages. Contractor shall post copies of all applicabl
prevailing wages on the job site.
Indemnification. Contractor shall assume the defense of, pay all expenses of defenst and indemnify and hold harmless the City of Carlsbad, the State of California, the Cii
of Los Angeles, North County Transit District, and their boards, officers, employee
and volunteers (collectively hereafter "Indemnified Parties") from (1) all claims, 10s;
damage, injury and liability of every kind, nature and description, directly or indirect1
arising from or in connection with the performance of the Contractor of the Work, an
(2) from any failure or alleged failure of Contractor to comply with any applicable lav
rules or regulations including those relating to safety and health, provided th;
Contractor shall not be responsible for indemnifying the Indemnified Parties for loss o
damage which was caused solely by the active negligence of the parties. Th
Contractor also agrees to reimburse the Indemnified Parties for all damage or 10s
suffered by the Indemnified Parties themselves including, but not limited to, damage tl
or loss of property of the Indemnified Parties arising directly or indirectly from or i
connection with the performance of the Contractor or the Work or from any failure c
alleged failure of the Contractor to comply with any applicable law, rules or regulation5
including those relating to safety or health, provided that Contractor shall not b
responsible for reimbursing the Indemnified Parties for loss or damage which wa
caused solely by the active negligence of the Indemnified Parties. The expenses o
defense include all costs and expenses including attorneys fees for litigation, arbitration
or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contrac
insurance against claims for injuries to persons or damage to property which may arisc
from or in connection with the performance of the work hereunder by the Contractor
his agents, representatives, employees or subcontractors. Said insurance shall meet thi
City's policy for insurance as stated in Resolution No. 91-403.
(A)
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12.
LIABILITY AND PROTECTION AND INDEMNITY INSURANCE
1. The Contractor shall furnish a policy of comprehensive general liabilit!
insurance, including products and completed operations and automobile
liability insurance in which the City of Carlsbad, the State of California.
the City of Los Angeles, North County Transit District and their boards. officers, agents and employees (collectively hereafter "Additional
Insureds") are named insured or are included as Additional Insureds witk
the Contractor. Such policy shall fully protect and save harmless the
Additional Insureds from any and all claims for damages for bodilq
injury, including wrongful death, as well as from claims for propertj t 22 I
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damages, which may arise from operations under and in connection wi
this contract, whether such operations be by the Contractor or by ar
subcontractor or anyone directly or indirectly employed by either of the
and whether liability is attributable to the Contractor or any of tl
Additional Insureds. In addition, the auto coverage must cover g vehicle used in the performance of the contract, used onsite or offsit
whether owned, nonowned or hired, and whether scheduled I
nonscheduled. The auto insurance certificate must state the coverage
for any auto and cannot be limited in any manner.
The minimum limits of liability insurance shall be the policy limi
carried by the Contractor, but not less than Five Million Dolh ($5,000,000) combined single limit for property damage and bodil
injury, including death. If the submitted policies contain aggregaf
limits, the Contractor shall provide evidence of insurance protection fc
such limits so that the required coverage is not diminished in the eve]
that the aggregate limits become exhausted. Said limit shall be withoi
deduction, provided that the City of Carlsbad, City of Los Angeles (
their designee may permit a deductible amount when it is justified by tk
financial capacity of the contractor.
Nothing herein shall be construed as limiting in any way the extent 1
which the Contractor may be held legally responsible for damages 1
persons or property.
When the work of this specification requires the use of watercraft, th
Contractor must additionally provide protection and indemnity insuranc
in the amount of Five Million Dollars ($5,000,000) combined single lim
for marine liability subject to the same terms as in 1, 2 and 3 above.
When the work of this specification requires the removal and disposal c
hazardous materials, the Contractor must additionally provid
environmental pollution liability insurance in the amount of One Millio
Dollars ($1,000,000) combined single limit for pollution liability for th
transportation of hazardous materials subject to the same terms as in .
2, and 3 above.
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(B) WORKER’S COMPENSATIONLONGSHORE COVERAGE
1. The Contractor shall secure the payment of compensation to employee
injured while performing work or labor necessary for and incidental tl
performance under this specification in accordance with Section 3700 o
the Labor Code of the State of California.
The Contractor shall file with the Engineer one of the following: 1) certificate of consent to self-insure issued by the Director of Industria
Relations, State of California, 2) a certificate of worker’s compensatioi
insurance issued by an admitted insurer, or 3) an exact copy or duplicatc thereof of the policy certified by the Director or the insurer. SUC
documents shall be filed prior to commencing the work of the contracl
2.
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3. Where the Contractor has employees who are covered by the Unite States Longshore and Harbor Worker's Compensation Act, the Contractc
shall bish proof of such coverage to the Engineer. It is suggested th;
the bidder consult its insurance agent to determine whether its propose
construction methods will render its employees subject to coverage undc
the Act.
4. All worker's compensation insurance submitted ,shall include a
endorsement providing that any carrier paying benefits agrees to waiv
any right of subrogation it may have against the City of Carlsbad, Stai
of California, City of Los Angeles, North County Transit District an
their officers, agents and employees.
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(C) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies c
liability and protection and indemnity insurance required under this agreemen
contain, or are endorsed to contain, the following provisions.
1. The City of Carlsbad, the City of Los Angeles, the State of Californil
the North County Transit District and all their respective boards, officer:
agents, employees and volunteers are to be covered as Additiona
Insureds as respects: liability arising out of activities performed by c
on behalf of the Contractor; products and completed operations of th
contractor; premises or property owned, leased, hired or borrowed by th
contractor. The coverage shall contain no special limitations on th
scope of protection afforded.
2. The Contractor's insurance coverage shall be primary insurance a:
respects the Additional Insureds. Any insurance or self-insurance
maintained by the City, its officials, employees, agents or volunteer:
shall be in excess of the contractor's insurance and shall not contributc
with it.
Any failure to comply with reporting provisions of the policies shall no
affect coverage provided to the Additional Insureds
Coverage shall state that the contractor's insurance shall apply separate12
to each insured against whom claim is made or suit is brought, excep with respect to the limits of the insurer's liability.
3.
4.
(D) "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 datc
of completion of the Work.
NOTICE OF CANCELLATION - Each insurance policy required by thi:
agreement shall be endorsed to state that coverage shall not be nonrenewed.
suspended, voided, canceled, or reduced in coverage or limits except after thirtJ
(30) days' prior written notice has been given to the Cities by certified mail
return receipt requested.
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(F) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Ar deductibles or self-insured retention levels must be declared to and approved 1: the City. At the option of the City, either: the insurer shall reduce or elimina
such deductibles or self-insured retention levels as respects the .City, its officia
and employees; or the contractor shall procure a bond guaranteeing payment (
losses and related investigation, claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required under th
agreement shall contain a waiver of all rights of subrogation the insurer m:
have or may acquire against the additional insureds.
(G)
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(H) SUBCONTRACTORS - Contractor shall include all subcontractors as insure
under its policy. Such policy shall fully protect and save harmless tk
Additional Insureds from any and all claims for damages for bodily injuq
including wrongful death and personal injury, as well as from claims fc property damages, which may arise from operations under and in connectio
with this contract, whether such operations be by the Contractor or by an
subcontractor or anyone directly or indirectly employed by either them an
whether liability is attributable to the Contractor or any of the Addition:
Insureds. Coverages for subcontractors shall be subject to all of tl
requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers thi
have a rating in Best’s Key Rating Guide of at least A-:V, and are admitted an
authorized to transact the business of insurance by the Insurance Commissione
under the standards specified in by the City Council in Resolution No. 91-40;
VERIFICATION OF COVERAGE - Contractor shall furnish the City wit
certificates of insurance and original endorsements affecting coverage requirec
by this clause. The certificates and endorsements for each insurance policy ar
to be signed by a person authorized by that insurer to bind coverage on it
behalf. The certificates and endorsements are to be in forms approved by th
City and are to be received and approved by the City before work commences
(K) COST OF INSURANCE - The Cost of all insurance required under thi
(I) c-
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agreement shall be included in the Contractor’s bid.
13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolve1
in accordance with the provisions in the Public Contract Code, Division 2, Part 1
Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated b
reference so long as such code section is extended beyond January 1, 1994. Thi
contractor shall initially submit all claims over $375,000 to the city using the informa
dispute resolution process described in Public Contract Code subsections 201 04.2 (a)
(c), (d), unless Article 1.5 is repealed on January 1, 1994. Notwithstanding thc
provisions of this section of the contract, all claims shall comply with the Governmen
Tort Claims Act (section 900 et seq of the California Government Code) for any clain
or cause of action for money or damages prior to filing any lawsuit for breach of thi
agreement. i) 25 1
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14. Maintenance of Records. Contractor shall maintain and make available at no cost to tf 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 th records at Contractor’s principal place of business as specified above, Contractor sha
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 SUE
records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sectio
1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier’s check, or certified check may b
substituted for any monies withheld by the City to secure performance of this contrac
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.
Provisions Required bv 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 insertel
herein and included herein, and if, through mistake or otherwise, any such provision i
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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18. Additional Provisions. Any additional provisions of this agreement are set forth in th
"General Provisions'' or "Special Provisions" attached hereto and made a part hereof
NOTARIAL ACKNOWLEDGEMENT T. L. JAMES & COMPANY, INC.
OF EXECUTION BY ALL Contractor
SIGNATORIES MUST BE ATTACHED
(CORPORATE SEAL) Sr. Vice President
G. W. James, 111
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Print Name of Signatory
APPROVED AS TO FORM:
Print Name of Signatory
RONALD R. BALL I City Attorney
By: Signature of Signatory
c Title
Deputy City Attorney
ATTEST:
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CAPACITY CLAfMED
0 INDIVIDUAL(S)
pfl CORPORATE T . L . J
OFFICER(S) Sr * vi
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Donald P. Preau, Notary Public
NAME. TITLE OF OFFICER. E G . 'JANE DOE. NOTARY PUBLIC
of Louisiana
n- June 3, 1994 before me,
0 PARTNER(S)
0 AlTORNEY-IN-FACT personally appeared G. W. James, I11
I3 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
acted, executed the instrument.
Witness my hand and official seal.
0 TRUSTEE(S) NAME(S) OF SIQNER(S)
m SUBSCR,S,NG W,TNE
D GUARDrAN,CONSERV
OTHER:
* ortheentityupon behalf of which theperson(s) SIGNER IS REPRESEl
T. L. James & Co
NAME OF PERSON(S) OR ENflN(I
SIGNATURE OF NOTARY -
AITIENTION NOTARY: Although the Information requested below IS OPTIONAL, It could prevent fraudulent attachment of thls ceniticaie to unauthonzed doc
THIS CERTIFICATE Title or Type of Document Contract MUST 8E ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT:
Number of Pages 9 Date of Document May 17, 1994
Signer(s) Other Than Named Above
0 1891 NATIONAL NOTARY ASSOCIATION * 8238 Remmat Avo. * P 0. Box 71 84 - Canoga
m
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LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution Nc
(hereinafter designated as the "Principal"), a Contrac
94-1 41 , adopted MAY 17, 1994 y has awarded to T.L JAMES E
COMPANY I INC.
for:
BATIQUITOS LAGOON ENHANCEMENT PROJECT
CONTRACT NO. 3429
in the City of Carlsbad, in strict conformity with the drawings and specifications, and othe
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad an1 all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereo
require the furnishing of a bond, providing that if Principal or any of its subcontractors shal
fail to pay for any materials, provisions, provender or other supplies or teams used in, up0
or about the performance of the work agreed to be done, or for any work or labor done thereo
of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
,a NOW, THEREFORE, WE, Principal, (hereinafter designated as the "Contractor"), and HIGHLANDS INSURANCE COM
as Surety, are held firmly bound unto the City of Carlsbad and the City c L~~ hgeles in &&$& of TWELVE MILLION, NINE HUNDRED SEVENTY THREE -
), said sum being fifty percen (50%) of the estimated amount payable by the City of Carlsbad and the City of Los Angele
under the terms of the Contract, for which payment well and truly to be made we bin
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hishe
subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used ir
upon, for, or about the performance of the work contracted to be done, or for any other wor
or labor thereon of any kind, or for amounts due under the Unemployment Insurance Cod
with respect to such work or labor, or for any amounts required to be deducted, withheld, an
paid over to the Employment Development Department from the wages of employees of th
contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Cod
with respect to such work and labor that the Surety will pay for the same, not to exceed th
sum specified in the bond, and, also, in case suit is brought upon the bond, costs an
reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the cow
as required by the provisions of Section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitle1
to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing wit
Section 3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to th
terms of the Contract, or to the work to be performed thereunder or the specification
accompanying the same shall affect its obligations on this bond, and it does hereby waiv
notice of any change, extension of time, alterations or addition to the terms of the contract (
to the work or to the specifications.
t
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T. L. JAMES AND COMPANY, INC.
.k d; J; -k .k * .k * .k J( .k .k J( Dollars ($ 12,973,000.00 b
28 ** HIGHLANDS UNDERWRITERS INSURANCE COMPANY G GENERAL REINSURANCE
CORPORATION
b
I
In the event that Contractor is an individual, it is agreed that the death of any such Contract0
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 3rd Executed by SURETY this 1ST day of \e day of June ,1994. JUNE , 1994.
CONTRACTOR SURETY: Highlands Insurance Ccmm
Highlands Underwriters Insurance C
T. L. James G Company, Inc. General Reinsurance Corporation
(Name of Contractor) (Name of Surety)
10370 Richmond Avenue
Houston, Texas 77042-41 23 By:
Uign here) (Address of Surety)
G. W. James, I11 Sr. Vice President (71 3) 952-9555
(print name here) (Telephone Number of Surety)
/A/fd! Sr. Vice President
T. L. James & Co., Inc. By:
(title and organization of signatory) Signature of Attorney-in-FEt
Richard West broo k
Printed name of Attorney-in-Fact
(attach corporate resolution showing cwten
By:
(sign he6e) '
Richard G. Brantley
Assistant Secretary
0 (print name here) power of attorney)
__ T. L. James& Co., Inc. (title and organization of signatory)
(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 office]
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Deputy City Attorney
rn
29
INDIVIDUAL(S)
CORPORATE T . L . J:
before me, Donald P. Preau, Notary Public OFFICER(S)~~. Vi(
NAME. TITLE OF OFFICER. E G . -JANE DOE. NOTARY PUBLIC'
0 ATTORNEY-IN-FACT personally appeared G. W. James, I11
NAME(S) OF SlONER(S)
capacity(ies), and that by his/her/their
NAME OF PEflSON(S) OR ENfllY(IC
T. L. James & Co Witness my hand and official seal.
I
Number of Pages 2 Date of Document 06/03/94
Signer(s) Other Than Named Above t
a
I FAITHFUL PERFORMANCENARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California b 94-1 41, adopted MAY 17, 1994 eszl &I& T.L. JAS& $ , has awarded to , (hereinafter designated as the "Principal"), a Contract for:
BATIQUITOS LAGOON ENHANCEMENT PROJECT
CONTRACT NO. 3429
in the City of Carlsbad, in strict conformity with the contract, the drawings and specification:
and other Contract Documents now on file in the Office of the City Clerk of the City c
Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms therec
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, T. L. JAMES & COMPANY, INC. , as Principa (hereinafter designated as the "Contractor"), and HIGHLANDS INSURANCE COMPANY, **
, as Surety, are $e&yd firmly bound unto the City of Carlsbad and the Ci
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~0s ~n eles (IlCities") in thyy*o*f TWENTY FIVE MILLION, NINE HUNDRED FG OR ** Dollars($ 25t 946, Oo0 * O0 ), said sum being equa THOU~AND * * * 2 * *
to one hundred percent (100%) of the estimated amount of the Contract, to be paid to Citie
or its certain attorney, its successors and assigns; for which payment, well and truly to bl
made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointl!
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor their heirs, executors, administrators, successors or assigns, shall in all things stand to anc
abide by, and well and truly keep and perform the covenants, conditions, and agreements ii
the Contract and any alteration thereof made as therein provided on their part, to be kept anc
performed at the time and in the manner therein specified, and in all respects according to thei
true intent and meaning, and shall indemnify and save harmless the City of Carlsbad and th
City of Los Angeles, their officers, employees and agents, as therein stipulated, then thi
obligation shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face mount specified therefox
there shall be included costs and reasonable expenses and fees, including reasonable attorney'!
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs anc
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to tht terms of the Contract, or to the work to be performed thereunder or the specification:
accompanying the same shall affect its obligations on this bond, and it does hereby waivc
notice of any change, extension of time, alterations or addition to the terms of the contract
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 Contract01 shall not exonerate the Surety from its obligations under this bond.
** HIGHLANDS UNDERWRITERS INSURANCE COMPANY G GENERAL REINSURANCE
b
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CORPORATION
I
Executed by CONTRACTOR this 3rd Executed by SURETY this IST day of
day of June ,1994. JUNE , 1994
CONTRACTOR: SURETY: Highlands Insurance Cor-ni
Highlands Underwriters Insurance C
T. L. James G Company, Inc. General Reinsurance Corporation
(Name of Contractor) (Name of Surety)
10370 Richmond Avenue
Houston, Texas 77042-41 23
B22. ‘gn here) (Address of Surety)
(print name here)
--
0
-.----
-- G. W. James, I11 (71 3) 952-9555
(Telephone of Surety)
MAJk Sr. Vice President
T. L. James & Co., Inc. By:
(title and organization of signatory) Signature of Attorney-in-Fact
Richard West brook
Printed name of Attorney-in-Fact BY: - (sign here)
- Richard G. Brantley (attach corporate resolution showing cwer
(print name here) power of attorney)
Assistant Secretary
T. L. James & Co., Inc. @ (title and organization of signatory)
(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 office
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Deputy City Attorney
a
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0 INDIVIDUAL(S)
$1 CORPORATET. L . Jz
OFFICER(SJ~~ Vic
NAME. TITLE OF OFFICER. E G . *JANE DOE, NOTARY PUBLC’ TI1
of Jefferson
PARTNER(S)
0 TRUSTEE(S)
0 ATTORNEY-IN-FACT personally appeared G. W. James, 111
NAME(S) OF SIC)NER(S)
persclnally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name@) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person(s),
acted, executed the instrument.
Witness my hand and official seal.
o SUBSCR,S,NG W,TNE!
I7 GUARD,AN,CONSERV,
OTHER:
. ortheentityupon behalf of which the person@) SIGNER IS REPRfSEh
T. L. James & Ca
NAME OF PERSON(S) OR ENflN(lf
-
AlTENltON NOTARY: Although the informatton requesled below IS OPTIONAL. It could prevent fraudulent attachment of thts cenificete to unauthonred doe
THIS CERTIFICATE Title or Type of Document Faithful PerforrnancelWarranty Bond
Date of Document 06/03/94
m
DUAL OBLIGEE RIDER
WHEREAS, Heretofore, and on or about the 17th day of
May , 19 94 , T. L. James G Company, Inc.
as the Contractor entered into a written agreement with the City of
e
Carlsbad , California as Owner for
Batiquitos Lagoon Enhancement Project, Contract No. 3429
herein referred to as the Contract, and
WHEREAS, the Contractor and Highlands Insurance Company,
Highlands Underwriters Insurance Company G General Reinsurance Corporatio
as Surety, made, executed and delivered to said Owner their joint and
several Faithful Performance/Warranty Bond and Labor and Materials
Bond, and
WHEREAS, the Owner has requested the Contractor and Surety to
join with the Owner in the execution and delivery of this Rider and
tile Contractor and Surety have agreed to do so upon the conditions
herein stated.
NOW, THEREFORE, in consideration of good and valuable
consideration, receipt of which is hereby acknowledged, the undersigned
txreby agree as follows:
The Faithful Performance/Warrant y Bond and Labor and Materials
Bond aforesaid shall be and are hereby amended as follows:
1. The name of the City of Los Angeles, California
e
kfi been added to said Bonds as a named Obligee.
2. The rights of the additional named Obligee, shall be subject
to tb condition precedent that the Owner's obligations to the Contractor
be psrformed; provided , however, that the aggregate liability of the
~ui-e~y under said Bonds, to the Owner and the additional obligee, as
their interests may appear, is limited to the penal sum of said Bonds,
and provided, further, that the Surety may, at its option, make any
payments under said Bonds by check issued jointly to the Owner and
ths additional obligee.
I.
3. Except as herein modified, said Faithful Performance/Warranty
Bora and Labor and Materials Bond shall be and remain in full force
and effect.
Signed, sealed and dated this 1st day of June
15 94 .
City of Carlsbad, California -- Highlands Insurance Company
Highlands Underwriters Insurance Owner
Company G General Reinsurance
BY /&d4- * Richard West broo k
Surety Corporatio --
T. L. James G Company, Inc.
Contract
e
/.-4gib .-
Attorney-In- Fact
James, I11 - Sr. Vice Presiden
STATE OF TEXAS a COUNTY OF HARRIS
On this 1st day of June ,19 94 , before me, a Notary
Public, within and for said County and State, personally appeared
Richard West b roo k , to me personally known, who being duly
sworn, upon oath, did say that he is the Attorney-In-Fact of and for
the Highlands Insurance Company, a corporation created, organized and
existing under and by virtue of the laws of the State of Texas;
Highlands Underwriters Insurance Company, a corporation created,
organized and existing under and by virtue of the laws of the State of
Texas; General Reinsurance Corporation, a corporation created,
organized and existing under and by virtue of the laws of the State of
Delaware; that the corporate seals affixed to the foregoing within
instrument are the seals of said companies, that the seals were affixed
and the said instrument was executed by authority of their Boards of
Directors, and the said Richard West brook did acknowledge
that he executed the said instrument as the free act and deed of said
corn panies .
Vickie A. Byus ; Notary My Commission Public, State Expires o 6-30-96 Texas e
e
y-" "a Is,
N9 3296
STATE OF CALIF'ORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
a
AMENDED
Certificate of Authority
THIS Is TO CERTLFY, That, pursuant to the Insurance Code of the State of California,
HIGHLANDS INSURANCE COMPANY
of HOUSTON, TEXAS , organized under the
laws of TEXAS , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the following classes of insurance: FIRE, MARINE,
SURETY, DISABILITY, PLATE GLASS, LIABILITY, WORKMEN'S COMPENSATION,
COMMON CARRIER LIABILITY, BOIIAR AND MACHINERY, BURGLARY, SPRINKJXR,
TEAM KND VEHICLE, AUTOMOBIIE, AIRCRAFT and MISCELLANEOUS
0 such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in eflect )and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
IN WITNESS WHEREOF, efectiue as of the ...-..-.~~~~......... day
of ..____.___.__ IW .-----....-----..-------.----.., 19.73--, I have hereunto set
my hand and caused my oficial seal to be afixed this.--gT!XH.....
day of ....-...... J.~--.----...-----.---.......----, 19 ..7 I.
f GUESON 1 ,4$ PjFsioner L. PAYNE
Deputy
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701
and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application
JO J. FmR BY ;m
erefor and the conditions contained herein.
1,0*1-.0. ... 0 a00 D", 0 os, I ORM CB-3
1 -. . . ---. - -- ._
0
T.:... ..?y.S':-> 7lW
H I G H LAN DS U N D E RW R ITE RS I N S U RAN C E CO M PANY
HOUSTON, TEXAS e
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Highlands Underwriters Insurance Company, a corporation duly incorporated under the laws of the State of Tex
hereby constitUte and appoint J. L. Darnold, Richard Westbrook, R. S. Ashton and Vicki(
of the City of Houston , State of Texas , to be
and lawful attorney-in-fact for the following purposes, to-wit:
Jointly or Severally
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipu
undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set fort
appended resolution of the Board of Directors of the said Highlands Underwriters Insurance Company; provided, that th
sum of no single one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of
Unlimited
U nl i m it ed ); the Company hereby ratifying and confirming all and whatsoever the said attorney-in-f
awfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation.
IN WITNESS WHEREOF, the said Highlands Underwriters Insurance Company, pursuant to a resolution passel
Board (of Directors, at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, has
these presents to be sealed with its corporate seal, duly attested by the signature of its President, Senior Vice Presidents, Vice Pre Assistant Vice Presidents and Secretary or Assistant Secretaries this 1 st day of April
0'"-
94 , A.D. 19 ~.
HIGHLANDS UNDERWRITERS INSURANCE COk 49
(v I$u& "i;k .,
- BY "% 33t@ , ]/ ,, ' &&p! i4,L ~ (
ec r eta r y
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF HOUSTON
On this 1 st day of April in the year 19 94 before me pel
came - Harold G. Duble to me known, who, being by me duly sworn, did depl
say: Tlhat he resides in Houston, Texas; that he is President
of the Highlands Underwriters Insurance Company, the corporation described in and which executed the above instrslme
he knows the Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed
instrument by and under authority conferred by the Board of Directors of said corporation; and that he signed his name theretc e authority.
LA m-& aC,.Mk
Notary Public. St& Xf fexas
RESOLUTION
RESOLVED, that this Company hereby does authorize and empower its President or any one of its Senior Vice Prc
Vice Presidents, or Assistant Vice Presidents in conjunction with any one of its Secretaries or any of its Assistant Sec
under its corporate seal, to execute and deliver power of attorney or to appoint any person or persons as attorney-in-fact or ai
in-fact, or agent or agents of this Company, in its name and as its act, to execute and deliver any and all contracts guar,
the fidelity of persons holding positions of public or private trust, guaranteeing bonds and undertakings, required or p
in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or ;
agents. to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertal
anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the Unite
or of any State or Territory oithe United States, or by the rules, regulations, orders, customs, practice or discretion of an;
body, organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, mad6
given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporatioi
office, interest, municipality or other association or organization whatsoever. in any and all capacities. whatsoever, con,
for the doing or not doing of anything or any conditions which may be provided for in any such bond. recognizance. ob1
stipulation or undertaking, or anything in the nature of the same; the nature. class or extent of the instruments so aui
to be specified in such power of attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and
of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may bc
by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signa.
seal shall be valid and binding on the Company.
I, Michael A. WeberDal! Secretary of HIGHLANDS UNDERWRITERS INSU
COMPANY, do hereby CERTIFY that the foregoing is a true copy of a resolution duly adopted by the Board of Dirt
said company at a meeting of the Board held on the 29th day of July, A.D., 1974. at which time a quorum was pre
acting throughout, and that said resolution has not been subsequently rescinded or modified.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Underwriters Insurance Comp;
April , A.D. 19 ~. 94 I st day of
c]{/&d hdLl7& .- , UL @ Secretary
STATE OF TEXAS
COUNTY OF HARRIS
%Q
qo3 33N++
I, Michael A. Weberpal, Secretary of Highlands Underwriters Insurance CI
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said H
Underwriters Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of €
94 , A.D. 19 ~. Texas, this - 1 st day of J une
@ %v
Secretary
7;A;Ac[ A. d)/L;;$L
“bo3 33tx+
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO 0
Certificate of Authority
THIS Is TO CERTLFY, That, pursuant to the Iwrance Code of the State of Cdifornia,
HIGHLANDS UNDERWRITERS INSURANCE COMPANY
_-__ __ of HOUSTON, TEXAS , organized undc
, subject to its Articles of Incorporati lawsof TEXAS
other fundamental organizational documents, is hereby authorized to transact within this
subject to all provisions of this Certificate, the folloowing classes of insurance:
FIRE, MARINE, SURETY, PLATE GLASS, LIABILITY, WORKMEN'S COMPENSATION, COMMON CARRIER LIABILITY, BURGLARY, SPRINKLER, TEAM & VEHICLE, AUTOMOBILE,
AIRCRAFT, INSOLVENCY and MISCELLANEOUS
as such classes are now or may hereafter be defined in the Insurance Laws of the State of Cali4
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being
compliance with aU, and not in violation of any, of the applicable laws and lawful require
made under authority of the laws of the State of California as long as such laws or requiremer
in egect and applicable, and as such laws and requirements now are, or my hereafter be c7.
or amended.
a
IN WITNESS WHEREOF, etective as of the - ...___.. __...___
SEPTEMBER of __..___....____...._______ .-----.-.--....----..., 1968_--, I have heret.
my hand and caused by oficial sed to be afixed this _.. - ---- ---___---.
SEPTEMBER 69 day of .................................................. 19 .........
-@5p
BY
NOTICE:
Qudcation with the Secretary of State must be accomplished as required by the California Corporatic
promptly after issuance of this Certi6cate of Authority. Failure to do so will be a violation of Ins. Code . 1 . .. - --
a
N? !
a
4
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO r
AMENDED
Certificate of Authority
' THIS 1s TO C-Y, That, pursuant to the Znsuinncc Cot& o/ the SLuftc vf Culifumiu,
GENERAL REINSURANCE CORP68nTfOH
Of WILMINGTON, DELAWARF: . orgmiml
lam of DELAWARE , subject to its Ariiclcs.of Incq
nth ftrncfamentui organi;Eafionrrl documents. is hereby airthotiad ;ocr twnsoct wirhin
mihioH tn all puisiclns of thb Cmti-13. thc foLroWrng CIatsCs of insrrronce; FIRE,.
'SURETY, DISABILITY, PLATE GWISS, LIABILITY, WORKMEl?'S COME"%
COMMON CARRIER LIABILITX, BOILER AND MActImRY, BURGLARY, CBED3
SPRXNKLER, TEAM ANTI VEHICLE, AUTOMOBILE, AIRCRAFT and FllSCEU
ns such chM$ aM now or my heTeilfiw be Jdined in the Insut.ancc Lata9 nj Ih Stah nf I
TJUS CL;HTIYKXE is expressly conditioned upon the ho1d.m hereof now and heretrite
+Z.! mrnplhnm rnith dl, ad aat in r*lafion 4 w, of tho applicable laws and la& mq
rnudc undcr authority of ihtz law of h St#e of California a& long & ntch lclw or rcquin
in ~GCX ad apphblc, and as juch laws rmd lcquircmcnts now am, or my hu/hw t8
or aanendcd.
0
IN W~JESS WHEREOF. dectiee as of &e.. ._ 3EX.
of.--RUXM&E,R, __.._ , 19z I ham ha
mu hami and mused mi OW RP~ to he +red this.
day nf _.. PESEMBER: ----..- - 1872 ..
CLELEON 1-1
--. .. 2 ,. 2 [,-/&;CBi.,- /,.:' ' ';, a BY
rhr SeacurydSkkutust be uamnrplid~ed u required by the Cdknia Corpon prompc& rrha irmMa drhb Chti6~~~~dAutbority. F.ibrr b& w -4 be o violnth ol Ins. Co and will be pmnds for w tfrL c&k of A~rhc~ity ponrunr t6 rhrr cowemds made in tbe
rhaninr and the crmditiopr med w.
PYY 4.3 ,u- -1
HIGHLA DS INSURANCE COMPANY
e HOUSTON, TEXAS
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Highlands Insurance Company, a corporation duly incorporated under the laws of the State of Tex
hereby constitute and appoint J. L. Darnold, Richard Westbrook, R. S. Ashton and Vickie Jointly or Severally
of the City of Houston , State of Texas , to be
and lawful attorney-in-fact for the following purposes, to-wit:
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipi
undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set fon
appended resolution of the Board of Directors of the said Highlands Insurance Company; provided, that the penal sum of r
one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of
Unlimited
IJnl im it ed ): the Company hereby ratifying and confirming all and whatsoever the said attorney-in-i
lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation.
IN WITNESS WHEREOF, the said Highlands Insurance Company, pursuant to a resolution passed by its Board of Di
at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, has caused these pre
be sealed with its corporate seal, duly attested by the signature of its President. Senior Vice Presidents, Vice Presidents, A
Vice Presidents and Secretary or Assistant Secretaries this 1 st day of April
@Jw+ HIGHLANDS INSURANCE COMPANY
a($-
94 , A.D. 19 -.
* .: .z , ,i . L I (@-)+&,$//q&c; @XAs LC Secretary J I BY
STATIE OF TEXAS
COUNTY OF HARRIS
CITY OF HOUSTON
On this 1st day of April in the year 19 94 before me per
appeared Harold G. Duble to me known, who, being by me duly sworn. did depc
say: That he resides in Houston, Texas; that he is
of the Highlands Insurance Company, the corporation described in and which executed the above instrument; that he knc
Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed to such inst
by and under authority conferred by the Board of Directors of said corporation; and that he signed his name thereto
President
a authority.
CJi2J--4L 7%. &- ut- *
Notary Public. Stad (ff exas B
RESOLUTION
RESOLVED. that this Company do. and it hereby does authorize and etnpower its Prcsidcnr or my one of its
Vice Presidents. Vice Presidents or Assistant Vice Presidents. in conjunction with any one 01' its Sccrctarics or any on
Assistant Secretaries, under its corporate seal. to execute and deliver power of attorney or to appoint any person or per
attorney-in-fact or attorneys-in-fact, or agent or agents of this Company. in its name and as its act. to execute and deli!
and all contracts guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the perfc
of contracts other than insurance policies and executing or guaranteeing bonds and undertakings. required or perniitte
actions or proceedings, or by law allowed: and. in its name and as its attorney-in-fact or- attorneys-in-fact. or agent or
to execute and guarantee the conditions of any and all bonds, recognizances. obligations. stipulations. undertakings or a
in the nature of the same, which are or may by law. municipal or otherwise. or by any Statute of the United States or
State or Territory of the United States, or by the rules, regulations. orders. customs. practice or discretion of any bourd
organization, office or officer. local municipal or otherwise. be allowed, required or permitted to be cxecutcd. inadc
given, tendered, accepted. filed or rccorded for the security or protection of. by or for any person or persons. corporation
office. interest, municipality or other association or organization whatsoever. in any and all capacities. whatsoever. con(
for the doing or not doing of anything or any conditions which may be provided for in any such bond. recognizance, ob1
stipulation or undertaking. or anything in the nature of the same: the nature. class or extent of the instruments so au~
to be specified in such power of attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution. and
of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may bc
by facsimile to any certificate of any power of attorney. and any such power of attorney bearing such facsimile signal
seal shall be valid and binding on the Company.
I. Michael A. Weberpal, Secretary of Highlands Insurance CI
hereby certify that at a meeting of the Board of Directors of said Company, duly called and held at the office of the C
at the City of Houston, on the 29th day of July. A.D.. 1973, at which was present a quorum of said Directors. duly au
to act in the premises. resolutions were passed and entered on the minutes of said Company. of which resolutions the fc
is a true copy and of the whole thereof.
IN TESTIMONY WHEREOF. I have hereunto set my hand and seal of Highlands Insurance Conipa
1 st day of April _, A.D. 19 94
<"I y ,./.([&/!/ c[
LA . n' -- / 1 ,LF.& ~ @ t Secretary
STATE OF TEXAS
COUNTY OF HARRIS
* *
GXA§
I. Michael A. Weberpal, Secretary of Highlands lnsurance C
do hereby certify the above and foregoing is a true and correct copy of a Power of Attorney. executed by said Highlands I
Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of
94 ~. A.D. 19 ~, June Texas, this lst ___ day of
/
$@$
i &LL f ii d/!& LipL/ !
Secretary J 0 rEXAs
HIGH 2042
Eledified Copy __
POWER OF ATTORNEY
From
FINANCIAL CENTRE, STAMFORD, CONNECTICUT 06904
a
GENERAL REINSURANCE CORPORATION
Know All Men By These Presents: That the GENERAL REINSURANCE CORPORATION, a
mrporation organized and existing under the laws of the State of Delaware, with Executive offices at Financial
Centre, Stamford, Connecticut, does hereby nominate, constitute and appoint J. L. Darnold, Vickie Byus, and
Richard Westbrook, individually, all of Houston, Texas--------------- ____________________~---------___---_-_-__--_-----_
its true and lawful Attorney(s)-in-fact with full power and authority to make, execute and deliver, for and on its
behalf as surety, and as its act and deed, any and all bonds or undertakings - including consents in connection
therewith - which are written on a co-surety basis and duly executed by Highlands Insurance ComDany---------
- as a co-surety;
provided the co-surety share of General Reinsurance Corporation on any single bond shall not exceed
-
Ten Million ($10 000 000) dollars -______________________________________________-_____-_------------______-_____--____----- -
-
- and the execution of such bond(s), undertaking(s), or writing(s) obligatory, in pursuance of these presents, shall
ble a s binding upon said Corporation, to all intents and purposes, as if duly executed by the President or Vice
F'resident of the Corporation, sealed with its corporate seal, and attested by its Secretary or Assistant Secretary;
and said Corporation hereby ratifies and confirms the acts of said Attorney(s)-in-fact done pursuant to the power
and authority herein given.
This Power of Attorney is made and executed by authority of the By-laws of said Corporation of which the
Cdlowing excerpt is a true and exact copy.
0
"ARTICLE VI, SECTION 6.1 Execution of Instruments Generally. The Chairman of the Board, the President, any Vice President, the
Secretary or the Treasurer may enter into any contract or execute and deliver any instrument in the name and on behalf of the Corporation. The Board
of Directors may authorize any officer or officers, or agent or agents, to enter into any contract or execute and deliver any instrument in the name and
on behalfofthe Corporation, and such authorization may be general or confined to specific instances."
All power and authority hereby conferred shall hereby expire and terminate without notice at
midnight of the 29th day of March , 19% as respects executions subsequent thereto.
lit witness mereo$ The GENERAL REINSURANCE CORPORATION has caused these presents
to be signed by its Vice President and its corporate seal to be affixed this 3rd hY of March .19 94.
ORPORATION
?.. c-
,Y ii ,~ ,.<..
r'
The foregoing instrument was acknowledge before me this 3rd
dlay of March 19 94 .by Richard S. Skewes
ofthe General Reinsurance Corporation, a Delaware Corporation, on behalf ofthe Corporation.
MYWMMiSSIOi:' SFIRES ~~y~~~ 34, lBy
I, the undersigned Thomas E. Cerulli Asst Secretary of the General Reinsurance Corporation, do hereby certlfy that
the original Power of Attorney, of which the foregoing is a true and correct copy, remains in full force and effect; that the Attorney(s)in-fa
riominated and appointed therein, %are) duly empowered to execute for said Corporation to the extent, and for the purposes, recited in said Power of
~lttomey, and that the Sections of By-law, copied in said instrument, have not been amended and remain in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the General Reinsurance Corporation
0.
this I st. hYof June AD., 19 94 . %z 5- &&
__~_
City. of arlsbad Representation Purchasmg and SePpp erti ication d I ne following representation and certification are to be completed, signed and returned with proposal
REPRESENTATIONS: Mark all applicable blanks. This
offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
I am currently certified by:
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATION( S):
Mark all applicable blanks. This offeror represent
part of this offer that:
This firm is , IS not X a mino
business.
This firm is , is not X a wom
owned business
DEFINITIONS WOMAN-OWNED BUSINESS A woman-c
business is a business of which at least 51 per MINORI'W BUSINESS ENTERPRISE. "Minority owned, controlled and operated by a woman or \n
Business" is defined as a business, at least 51 percent Controlled is defined as exercising the power ta which is owned, operated and controlled by minority policy decisions Operation is defined as a s) oup members, or in the case of publicly owned involved in the day-to-day management businesses, at least 51 percent of which is owned,
operated and controlled by minority group members. The Smiall Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (i.e 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)
CERTIFICATION.
The information furnished is certified to be factual and correct as of the date submitted.
T. L. JAMES & COMPANY. INC. G. W. James, 111
COMPANY NAME NAME
Sr. Vice President P. 0. Box 20116
ADDRESS
New Orleans, LA 70141-0116 4
CITY,STATE AND ZIP
(504) 461-9200 &@ilONE NUMBER DATE
32
ESCROW 8010 51
OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
1
This Escrow Agreement is made and entered into by and between the City of Carlsbad whos
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "CiQ
whose address is - and T. L. James & Company, Inc.
hereinafter called "Contractor" and Bank of America, Global Escrow Depository Servic
#8010 whose address is 333 S Beaudry Ave, 25th Floor, Los Angeles, Ca i 9007 1
P. 0. Box 20116, New Orleans, LA 70141-0116
1
I
1 follows:
1
I
1
L
I
I
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I
I
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree i
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 c-3ckt~p, id~ ,?40(
(hereinafter referred to as the "Contract"). request of ti
contractor, the owner shall make payments of the retention earnings directly to tl
escrow agent. When the Contractor deposits the securities as a substitute for Contrac
earnings, the Escrow Agent shall notify the City within 10 days of the deposit. TI
market value of the securities at the time of the substitution shall be a least equal to tl
cash amount then required to be withheld as retention under the terms of the contra
g~t~~~~h~o~i~s~r~~~~ac~ 5Securities shall be held in the name of th&mk 0
kc r-- ha IP~Z rn? r k in the amount of $25, 9f6,D 0 fi I &)(. w
Alternatively, on writt
-> and shall designate the (? ontractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contra
provisions, provided that the Escrow Agent holds securities in the form and amou
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 tl
escrow created under this contract is terminated. The contractor may direct tl
investment of the payments into securities. All terms and conditions of this agreeme
and the rights and responsibilities of the parties shall be equally applicable a
binding 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 of the Cil
These expenses and payment terms shall be determined by the City, Contractor ai
Escrow Agent.
3.
I
4.
f 33 I
5. The interest earned on the securities or the money market accounts held in escrow an
all interest earned on that interest shall be for the sole account of Contractor and sha
be subject to withdrawal by Contractor at any time and from time to time withoi
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 writte
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 days’ written notice to the Escrow Agent from the City of tl
default, the Escrow Agent shall immediately convert the securities to cash and sha
distribute the cash as instructed by the City.
Upon receipt of written notification from the City certifying that the Contract is fin
and complete and that the Contractor has complied with all requirements and procedurt
applicable to the Contract, the Escrow Agent shall release to Contractor all securitit
and interest on deposit less escrow fees and charges of the Escrow Account. TI.
escrow shall be closed immediately upon disbursement of all moneys and securities c
deposit and payments of fees and charges.
The Escrow Agent shall rely on the written notifications from the City and tl
contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the City a~
Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversic
and disbursement of the securities and interest as set forth above.
I
6. I.
I
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1 ....
I
1 ....
I
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I a
7.
8.
I
9.
b ....
....
....
....
....
f 34
I
10. The names of the persons who are authorized to give written notices or to receik
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:
For City: Title Mayor
1
Name Claude A. Lewis
t
I
1
I
I
I
b
1 0
I
I
I
I
Sign
Address 1200 Carlsbad Village Dr. I Carlsbad, CA 92008
For Contractor: Title Sr. Vice President
Name G. W. James, I11
c
P.O. Box 20116 Address New Orleans, LA 70141-0111
For Escrow Agent: Title dh!//!A I
I Name v@h & ,?' /&, fh'
Signature *&+? A/! /- L52
Q cj/' I(/ 7/7@ #J #- F';.@;& Sb/Z st +;"y Gd-lPII 64:
Address
&;e! ,F@@/475, p;? 5-CG
b 35 I
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escroi
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper offcei
on the date first set forth above.
1
For City: Title Mayor
Name Claude A. Lewis
t
I
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B
II
1
1
I
Sign
Address 1200 Carlsbad Village Dr.
Carlsbad, CA 92008
For Contractor: Title Sr. Vice President
Name G. w. James, 111
P.O. Box 20116 Address New Orleans, LA 70141-0116
&p]/g :A
d Title ,/ ,, For Escrow Agent:
I, i'. Name I(4-i )L k' i 5- .; t, I %&5$ / /LL!
Signature
&hk Qf knerica PU & s~ Global Escrow Depository Services 801 0 Address 0 rY AVe, 25th FI I Lx:pcA 90017
c 36
I
CAPACITY CLAIMED I
0 INDIVIDUAL(S)
a CORPORATE T . L . Ji
OFFICER{S~. Vi(
NAME. TITLE OF OFFICER ~ E G ..JANE DOE. NOTARY PUBLIC' TI'
of Jefferson
0 PARTNER(S)
0 TRUSTEE(S)
personalily appeared G. W. James, I11 0 ATTORNEY-IN-FACT
NAMEIS) OF SIQNER(S)
Q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person@),
acted, executed the instrument.
Witness my hand and official seal.
SUBSCRlelNO WlmE
GUARD,AN,CQMSERV, a OTHER:
3 ortheentityupon behalf of which the person(s) SIGNER 1s REPRESEL
T. L. James & Cc
NAME OF PERSON(S1 OR ENmV(ll
THIS CERTIFICATE Title or Type of Document Escrow Agreement MUST BE AlTACHED TO THE DOCUMENT Number of Pages 4 Date of Document June 6 5 I994
1,
9
RESOLUTION
I, Jimmy Love, Secretary of T. L. JAMES & COMPANY, INC., a corporation
organized under the laws of the State of Louisiana, domiciled at Ruston, Louisiana,
hereby certify that the following is a true and correct copy of a resolution passed by the
Board of Directors of the Corporation on March 19, 1985.
RESOLVED, that G. W. James, I11 be, and he hereby is authorized and
empowered to execute for and on behalf of and in the name of this
Corporation any bid proposals, bid bonds, contracts, affidavits and
related documents or to attest to any and all said documents for this
Corporation’s dredging activities and authorized to do anything else a necessary in this connection.
WITNESS MY HAND and seal of the Corporation at Ruston, Louisiana, on this
Izday of June , 1924
T. L. James & Company, Inc.
e
HIGHLANDS INSURANCE COMPANY
HIGHLANDS UNDERWRITERS INSURANCE COMPANY HIGHLANDS CASUALTY COMPANY ABERDEEN INSURANCE COMPANY HIGHLANDS LLOYDS
10370 RICHMOND AVE., PHONE (713) 952-9555 FACSIMILE (713) 952-9977 HOUSTON, TEXAS 77042-4 e
(
Via Facsimile #( 61 9) 434-1 987
June 14, 1994
Ms. Ruth Fletcher, Purchasing Officer City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Re: T. L. James G Company, Inc.
Batiquitos Lagoon Enhancement Program
Bond No. 11-02-33 0 Dear Ms. Fletcher:
T. L. James informs us that you had a question regarding there
being three (3) sureties on the bonds for the above project
and asked us to respond to you.
Highlands Underwriters Insurance Company for premium rating
purposes is the "lead" surety and together with Highlands
Insurance Company will be responsible to handle any claims
that might occur under the bonds. General Reinsurance
Corporation is one of our treaty reinsurers that we use on
most all of our bonds, although it and our other reinsurance
participants do not usually execute, or are shown on, the
bonds. We had all three (3) companies execute the bonds to
show capacity in accordance with the Department of the
Treasury Circular 570; 1993 Revision limits. High 1 ands
Underwriters has a $2,267,000. limit, Highlands Insurance a
$19,048,000. limit and General Reinsurance Corporation a
$332,162,000. limit . However, as you noted General
Reinsurance Corporation's Power of Attorney is limited to
$1 0,000,000. Had the bonds both been less than the
$21,315,000. combined limit of Highlands Underwriters and
Highlands Insurance, General Reinsurance Corporation would not
have executed the bonds nor would it have been shown anywhere
on them. It would have been, however, a reinsurer of such a
bond along with our other reinsurers. e
A HALLlBURTON Company
c
T T
~~~ 7 i I
0 a CLJ- -> i-
Ms. Ruth Fletcher June 14, 1994 Page 2
There is nothing unusual about this and it just follows
Federal guidelines for capacity purposes only.
Should you require additional information or clarification of
this, please let us know.
An original of this letter is being express mailed to you.
Very truly yours,
/&dAd&z4L
Richard Westbrook
Assistant Vice President
RW/vb 0
e
HIGHLANDS INSURANCE COMPANY HIGHLANDS UNDERWRITERS INSURANCE COMPANY HIGHLANDS CASUALTY COMPANY ABERDEEN INSURANCE COMPANY HIGHLANDS LLOYDS
10370 RICHMOND AVE., HOUSTON, TEXAS 77042-4 PHONE (713) 952-9555 FACSIMILE (713) 952-9977
a
Surety Dept. Fax #(713) 267-8
(
June 15, 1994
Ms. Karen Hirata, Deputy City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Re: T. L. James 6 Company, Inc.
Batiquitos Lagoon Enhancement Program
Bond No. 11-02-33
Dear Ms. Hirata:
In reference to our conversation and my June 14, 1994 letter
to Ruth Fletcher, as shown on the bonds, Highlands
Underwriters Insurance Company, Highlands Insurance Company and General Reinsurance Corporation are co-sureties and by
the terms of the bonds, each is jointly and severally liable.
By the terms of its Powers of Attorney, General Reinsurance
Corporation's liability is limited to $10,000,000. Highlands
Underwriters Insurance Company's and Highlands Insurance
Company's liability under the bonds is not limited.
As stated in my June 14, 1994 letter, and to you in our phone
conversation, should there be a need to make a claim under
the bonds, it need only be made to Highlands. Should there
be any loss payment made under the bond, all checks issued
will be that of Highlands for 100% of such payments and
whatever portion of the loss that has been assumed by General
Reinsurance Corporation or any other of our reinsurers, will
be collected from them by Highlands.
We are hopeful that this explains everything to your
satisfaction and we are sorry to have caused any confusion.
Very truly yours,
e
/ad!-
Richard Westbrook e Assistant Vice President
RW/vb
A HALLIBURTQN Company
DATE: June 15, 1994 Revised CERTIFICATE OF INSURANCE
106 WEST MISSISSIPPI AVE. P.O. BOX 1260
RUSTON, LA 71273-1260
THIS IS TO CERTIFY THAT T.L. JAMES & @OMPmY, INC. HAS IN FORCE AT THIS TIME THE FOLLOWING PC
OF INSURANCE WITH THE COMPANIES INDICATED COVERING THEIR OPERATIONS IN ACCORDANCE WITH THE TERMS An
CONDITIONS ANYWHERE IN THE UNITED STATES OF AMERICA.
A HIGHLANDS INSURANCE COMPANY/HIGHLANDS UNDERWRITERS INSURANCE COMPANY
B ASSICURAZIONI GENERAL1 S.P.A.
C WESTCHESTER FIRE INSURANCE COMPANY
Coverages Company Policy Number Policy Period Limits of Liabil
Workers Compensation 6-30-93 Statutory
Employers Liability-Coverage-B TO 1,000,000 Each Accident
Louisiana A WC 215224 All States Excluding Louisiana A WC 215223 6-30-94 1,000,000 Policy Lunlt
Employers Liability-Maritime 6-30-93 500,000 Each Occurrence
Jones Act A WCL 215222 TO 500,000 Aggregate
USL&H 6-30-94 Statutory U S L & H
Comprehensive General Liability 1,000,000 Combined Sing
Blanket Contractual 12-31-92 Per Occurrence
Broad Form Property Damage B 92HBCP03 14 TO 1,000,000 Aggregate
Completed Operations 6-30-94 Completed Operations
Contractors Protective
Automobile Liability
Including Hired & Non-Owned
Automobiles
Excess Liability
Protection & Indemnity
Hull & Micbinery
F
JBA 100581 6-30-93 5,000,000 Combined Sing
A JBB 100006 TO Limit Per Occurrence
C 5242126401
A H-037695 6-30-93 10,000,000 Combmed
TO Lmt Per Occurrence
6-30-94 $10,000,000. Aggregat
Completed Operations
A H-037695 6-30-93 1,000,000 Per Vessel
JTA 100261 6-30-94
TO
6-30-94 Vessel Value
WAIVER OF SUBROGATION AND/OR ADDITIONAL INSURED PROVISIONS PROVIDED AS REQUIRED BY WRITTEN CONTRA
ABSENCE OF ENTRY IN ANY SPACE MEANS THAT THE INSURANCE IS NOT AFFORDED TO THE COVERAGE OPPOSITE THERETO
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY PO
SHOWN ABOVE
IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE IN A POLICY AFFECTING THE CERTIFICATE HOLDER, 30 DAYS PRIOR WRITTEN NOTICE
GIVEN THE CERTIFICATE HOLDER
LOCATION AND DESCRIPTION OF OPERATIONS: All Operations
NAME AND ADDRESS OF CERTIFICATE HOLDER
ity of Carlsbad, California AUTHORIZED REPRESENTAI
Policy 52421 26401 Ob
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, Nortt
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limitec
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Westchester Fire Insurance Company
_I Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
i) fL-jh -79 [zc,tdi *- 1..
Date
a
Policy 92 HBCP 031 4
ENDORSEMENT e'
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California , Nortl-
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limitec
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coveragc
reduced until thirty (30) days after receipt of written notice of cancellation 01
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coveragc
under this policy shall be primary and non contributing with any other insurance a:
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
0
Assicurazioni Generali S.P.A
(Q-)[i -9 Y ig L,k&[ ]
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
a
Po I i c i es JBA 100581
JBA 100006
JTA I00261 e'
H - 037695
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
e
Highlands Insurance Company
Highlands Underwriters Insurance Company
&/LXr&,)
Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
(c-/rf. .Gf y CR ' c> Date
a Houston, Texas 77056
Policies WC 215223
WC 215224
WCL 215222 0
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
All rights of subrogation are waived as respects City of Carlsbad, California, State oi
California, City of Los Angeles, California, North County Transit District and their board
officers, agents, employees and volunteers.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California.
All other terms and conditions remain unchanged.
Highland Insurance Company
Highland Underwriters Insurance Company
0
Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
i.d!L 1 *- L
/ / 9, r\
Date
e
e
3? 9 !%wh Tmmt &reat
6-sid*,cA Sm64 %M 8OW ilB;79)-7544312
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P
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___. __ .- .- -
Coverages Company
Workers Compensation
Employers Liability-Coverage-B
All States Excluding Louisiana A
Louisiana A
Employers Liability-Maritime
Jones Act A
USL&H
Comprehensive General Liability
Blanket Contractual
Broad Form Propercy Damage B
Completed Operations
Contractors Protective
Automobile Liability
Including Hired & Non-Owned A
C
Excess Liatbility A
Automobiles
Protection & Indemnity A
Hull & Machinery L
Policy Number Policy Period Limits of Liabi
6-30-93 statutory
TO 1,OOO.ooO Each Accident
WC 215223 6-30-94 1,000,000 Policy Limit
WC 215224
6-30-93 500.000 Each Occurrence
6-30-94
WCL 215222 TO 500,000 Aggregate
Statutory U S L & H
1,000,000 Combined Sin8 12-3 1-92 Per Occurrence
92HBCP0314 TO 1,000,000 Aggregate
6-30-94 Completed Operations
JBA 100581 6-30-93 5,000,000 Combined Sinj
JBB 100006 TO Limit Per Occurrence
5242 12640 1
H-037695 6-30-93 10,000,000 Comblned
TO Limit Per Occurrence
6-30-94 $10,000,000. Aggrega
Completed Operahons
H-037695 6-30-93 1,000,000 Per Vessel
JTA 100261 6-30-94
TO
6-30-94 Vessel Value
WAIVER OF SUBROGATION AND/OR ADDITIONAL INSURED PROVISIONS PROVIDED AS REQUIRED BY WRITTEN CONTW
ABSENCE OF ENTRY IN ANY SPACE MEANS THAT THE INSURANCE IS NOT AFFORDED TO THE COVERAGE OPPOSITE THERETO
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY PC
SHOWN AI3OVE
IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE IN A POLICY AFFECTING THE CERTIFICATE HOLDER, 30 DAYS PRIOR WRI'ITEN NOTICE
GIVEN THlE CERTIFICATE HOLDER
LOCATION AND DESCRIPTION OF OPERATIONS: All Operations
NAME AND ADDRESS OF CERTIFICATE HOLDER
North San Diego County
ransit Development Board AUTHORIZED REPRESENTA
5333 WESTHEIMER, SUITE 6 Oceanside, California 92054 HOUSTON, TEXAS 77056
Policies WC 21 5223
WC 215224
WCL 21 5222 e
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Modifications to Railroad Bridge, the following
provisions apply:
All rights of subrogation are waived as respects North San Diego County Transil
Development Board, its board, officers, agents and employees.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by North San Diego County Transit Development Board.
All other terms and conditions remain unchanged.
Highland Insurance Company
Highland Underwriters Insurance Company
0
k$ d 7
Jhde 3, /?9Y
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0
Policies JBA 100581
JBA 10000E
JTA I00261 0
H - 03769E
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitoz
Lagoon Enhancement Project, Railroad Bridge Modifications, the following provisions
apply:
North San Diego County Transit Development Board and its board, officers, agents
and employees are additional insureds hereunder as respects liability arising out of
activities performed by or on behalf of the Named Insured hereunder, including but not
limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit District Development
Board. Coverage under this policy shall be primary and non contributing with any
other insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
0
Highland Insurance Company
Highlands Underwriters Insurance Company
TUA-7, my
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
\.
Policy 92 HBCP 031 4
ENDORSEMENT 0
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provision:
apply:
North San Diego County Transit Development Board and its board, officers, agent5
and employees are additional insureds hereunder as respects liability arising out of
activities performed by or on behalf of the Named Insured hereunder, including but not
limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged. 0
United National Insurance Company
Assicurazioni Generali S.P.A
r
J~eq 31 i?sy . s
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
a
Policy 52421 26401 0
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modifications, the following provision3
apply:
North San Diego County Transit Development Board its board, officers, agents anc
employees are additional insureds hereunder as respects liability arising out 01
activities performed by or on behalf of the Named Insured hereunder, including but no1
limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation 01
reduction in coverage by the North San Diego County Transit Development Board
Coverage under this policy shall be primary and non contributing with any othei
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged. a
Westchester Fire Insurance Company
To& 7, t? 93. .. d,
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
*
SEIBELS, BARBARA & COLVIN
5333 Westheimer, Suite 600 Houston, TX 77056 TEL - (713) 877-8975 FAX - (713) 877-8974 m
Binder
No. MSBC 687
TO: North San Diego Counly Transit Development Board
This Binder is a temporary insurance contract, subject to the conditions shown at the bottom of this form.
ASSUired: North San Diego County Transit Development Board, San Diego Northern Railway, San Diego Metropolitan Transit Development Board, San Diego Trolley, Inc. Additional ASSUredS: Directors, Officers, Agents and Employees of Named Assureds as their interest may appear
COVERAGE ATTACHING: June 77, 19% EXPIRING: When Replaced by Policy
INSUIRANCE COMPANY KIND OF INSURANCE AMOUNT OF INS1
Railroad Protective $10,000,000. per ( Seaboard Surety Company New York, New York Liability $10,000,000. aggr Combined Single Policy NO. 277171-94 Limit
Project Description: City of Carlsbad, California Contract No. 3429 - BatiqUitOS Lagoon Enhancerr Project - Modifications to Railroad Bridge
0-
CONTRACTOR: T. L. James & company, Inc.
New Orleans, LA 70141-0116
P. 0. BOX 20116
0
This Company binds the kind(s) of insurance stipulated above. This insurance is Subject to the terms , conditions and limitations of the * current use by the Company This binder may be cancelled by the insured by surrender of this binder or by written notice to the Coml when cancellation will be effective This binder may be cancelled by the Company by notice to the insured in accordance with the polic\ This binder is cancelled when replaced by a policy If this binder is not replaced by a policy, the Company is entitled to charge a pren binder according to the Rules and Rates in use by the Company. The Policies described above are Subject to exclusions and this Bir affirmatively nor negatively amends, extends or alters the coverages and/or exclusions afforded by or contained in policies in curren company
DATIE: June 7, 1994
HIGHLANDS INSURANCE GROUP
~,
BOND NO.
rn .= LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
KNOW ALL MEN BY THESE PRESENTS:
T. L. James & Company, Inc. That - (Here insert the name and address or legal title of the Contractor)
1 dl1 allu xalCorporation of HOL
Noun T)i pen Cmlnry Trn- Surety, hereinafter called Surety, are held and firmly bound unto
Board (Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, In the amount of Nine T
9,868,000. ( Dollars ($ eight hundred sixty eight thousand and no/100
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assit
severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated work to be performed related to the railroad bridge an
work performed within the railroad's right-of-way regarding the Batiquitos La
Enhancement Project
entered into a contract with Owner fqr
0 in accordance with drawings and specifications prepared by
(Here insert full name and title)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claim
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be voic remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, materi;
reasonably required for use in the performance of the contract, labor and material being construed to include that part of water. gas, POV
gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, wh in full before the expiration of a period of ninety (SO) days after the date on which the last of such claimant's work or labor was done or perf
were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or su due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such Suit.
3. No suit or action shall be commenced hereunder by any claimant,
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the follol
the Owner, or the Surety above named, within ninety 190) days after such claimant did or performed the last of the work or labor, or furn materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the mater or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mi in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of busin manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be rnade
b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,
limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amenc to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in whicl part thereof, is situated, crr in the United States District Court for the district in which the project, or any part thereof, is situated, and no: el
4. The amount of this bond shall be reduced by and to the extent of any payment -x payments made in good faith hereuiider. inclusiv
Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the aniount of such lien be against this bond.
AS June day of 1st 'Signed and sealed this
hMS & COMPANY, INC*
amesT-- Sr. Vice Pr
HI HLANDS UNDERWRITERS INSURANCE the owner conditioned f ir the full and faithful performance of the
contract.
11118 10/82 BY: tp
HIGHLANDS INSURANCF. COMPANY ~&Lmb... 4&QJ M&A,
.-. ,,' am ur. vYdt>~4 WILLIAM H. ELLSWORTH
TTTT T T )M' U WT T qWORTH
HIGHLANDS UNDERWRITERS INSURANCE COMPANY
HWSTQN, TEXAS 0
GENERALPOWEROFATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Highlands Underwriters Insurance Company, a corporation duly incorporated under the laws of the State of Tex
hereby constitute and appoint William H. Ellsworth, Ronald J. Schexnavdre, Jerry J. Teel, Charles F. Cowand, Ralph LeBlanc, Alexander J. Ellsworth, Jointlv or Severally
of the City of Metairie , State of Louisiana , to be
and lawful attorney-in-fact for the following purposes, to-wit:
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipi
undentakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set fort
appended resolution of the Board of Directors of the said Highlands Underwriters Insurance Company; provided, that tl
sum of no single one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of
-- Unlimited
($ Unl imi ted - ); the Company hereby ratifying and confirming all and whatsoever the said attorney-in4
lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution aid revocation.
IN WITNESS WHEREOF, the said Highlands Underwriters Insurance Company, pursuant to a resolution passe
Board of Directors, at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, ha!
these presents to be sealed with its corporate seal, duly attested by the signature of its President, Senior Vice Presidents, Vice Pn
Assistant Vice Presidents and Secretary or Assistant Secretaries this 4th day of Januarv
, A.D. 19 94.
HIGHLANDS UNDERWRITERS INSURANCE Cob (@ %v
v@03 33N4
u- BY Assistant Secretary
STATE OF TEXAS
COUNTY OF HAKRIS
CiTY OF I-IOUSTON
On this 4th day of January in the year 19 94 before me pe
came J. L. Darnold to me known, who, being by me duly sworn, did der
of the Highlands Underwriters Insurance Company, the corporation described in and which executed the above instrunk
he knows the Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed
instrument by and under authority conferred by the Board of Directors of said corporation; and that he signed his name thereti
say: That he resides in Houston, Texas; that he is ~ Senior Vice President
e
ficL G%+-7 5 VICKIEA. BYUS
; Notary Public, State of Texas My Commission Expires 06-30-96 Notary Pu IC, tat of Texas
RESOLUTION
RESOLVED, that this Company hereby does authorize and empower its President or any one of its Senior Vice Prc
Vice Presidents, or Assistant Vice Presidents in conjunction with any one of its Secretaries or any of its Assistant Sec
under its corporate seal, to execute and deliver power of attorney or to appoint any person or persons as attorney-in-fact or at
in-fact, or agent or agents of this Company, in its name and as its act, to execute and deliver any and all contracts guar
the fidelity of persons holding positions of public or private trust, guaranteeing bonds and undertakings, required or PI
in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or I
agents, to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertal
anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the Unite
or of any State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of an:
body, organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, madt
given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporatioi
office, interest, municipality or other association or organization whatsoever, in any and all capacities, whatsoever, cor
for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, ob
stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so au
to be specified in such power of attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and
of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may bt
by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signa
seal shall be valid and binding on the Company.
I, R. S. Ashton, Assistant Secretary of HIGHLANDS UNDERWRITERS INSU
COMPANY, do hereby CERTIFY that the foregoing is a true copy of a resolution duly adopted by the Board of Dirt
said company at a meeting of the Board held on the 29th day of July, A.D., 1974, at which time a quorum was pre
acting throughout, and that said resolution has not been subsequently rescinded or modified.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Underwriters Insurance Comp
4th day of January , A.D. 19 94.
L42 L @ Asdstant Secretary
%v
O++Q 33N?@
STATE OF TEXAS
COUNTY OF HARRIS
I, R. S. Ashton, Assistant Secretarv of Highlands Underwriters Insurance C
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said €
Underwriters Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of
94 , A.D. 19 -. - June day of 1st Texas, this
Ps&-L
Assistant Secretary
HIGHLANDS INSURANCE COMPANY
HQUSTON, TEXAS e
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Highlands Insurance Company, a corporation duly incorporated under the laws of the State of Text
hereby constitute and appoint William H. Ellsworth, Ronald J. Schexnaydre, Jerry J. Tee1 9 Charles F. Cowand, Ralph LeBlanc, Alexander J. Ellsworth, Jointly or Severally
of the City of Metai rie -, State of Louisiana , to be
and lawful attorney-in-fact for the following purposes, to-wit:
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipL
undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set fort
appended resolution of the Board of Directors of the said Highlands Insurance Company; provided, that the penal sum of n
one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of
Unl imi ted
($- Unlimited ): the Company hereby ratifying and confirming all and whatsoever the said attorney-in-
lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation
IN WITNESS WHEREOF, the said Highlands Insurance Company, pursuant to a resolution passed by its Board of D
at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, has caused these prr
be sealed with its corporate seal, duly attested by the signature of its President, Senior Vice Presidents, Vice Presidents, 1
Vice Presidents and Secretary or Assistant Secretaries this 4th day of ___ January , A.D. 19 ~. 94 -
HIGHLANDS INSURANCE COMPANY (@
A)/% Dm- * 3 v * * @XAs
Senior Vice President BY AsSi Stan3 Secreta'ry
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF HOUSTON
On this 4th day of January in the year 19 94 before me p
appeared J. L. Darnold to me. known, who, being by me duly sworn, did dt
of the Highlands Insurance Company, the corporation described in and which executed the above instrument; that he 1
Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed to such ii
by and under authority conferred by the Board of Directors of said corporation; and that he signed his name theret
authlority .
say: That he resides in Houston, Texas; that he is Senior Vice President
@ ff Notary Pu Iic, ta e of Tex s
VICKIEA. BYUS
Notaiy Public, State of Texas
My Commission Expires 06-30-96
RESOLUTION
RESOLVED, that this Company do, and it hereby does authorize and empower its President or any one of i
Vice Presidents, Vice Presidents or Assistant Vice Presidents, in conjunction with any one of its Secretaries or any c
Assistant Secretaries, under its corporate seal, to execute and deliver power of attorney or to appoint any person or p'
attorney-in-fact or attorneys-in-fact, or agent or agents of this Company, in its name and as its act, to execute and de
and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the perf
of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permit!
actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or agent o
to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or i
in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States o
State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any boarc
organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, made
given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporatio:
office, interest, municipality or other association or organization whatsoever, in any and all capacities, whatsoever, con
for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, ob
stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so au
to be specified in such power of attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and
of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may be
by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signal
seal shall be valid and binding on the Company.
1, R. S. Ashton, Assistant Secretary of Highlands Insurance Co
hereby certify that at a meeting of the Board of Directors of said Company, duly called and held at the office of the Cc
at the City of Houston, on the 29th day of July, A.D., 1974, at which was present a quorum of said Directors, duly aut
to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the fo
is a true copy and of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Insurance Compan
94 4th day of January , A.D. 19 ~.
@ * * t
@XAs
STATE OF TEXAS
COUNTY OF HARRIS
I, 'R. S. Ashton, Assistant Secretary of Highlands Insurance Cor
do hereby certify the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Highlands Ins
Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of Ho
94 .---..-.--...--, A.D. 19 -. Texas, this 1st: day of June
_-_ _52 ,.gh b @ t Assistant Secretary
* &As
0 iNDIVIDUAL(S)
a CORPORATE
TITI
State of, Louisiana
personally appeared William H. Ellsworth n ATTORNEY-IN-FACT
NAME(S) OF SlcUrER(S)
subscribed to the within instrument and ac-
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
Highlands Insuran
Highlands Underwr
Witness my hand and official seal.
THIS CERTIFICATE
MUST BE AlTACHED
TO THE DOCUMENT
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
Date of Document
3IBED AT RIGHT:
Q 1091 NATIQNAL NOTARY ASSOCIATION. am ROM~ AVO . P.O. B~I 7184 canow
*
ALLmPURPOSE ACKNOWLEDOMtNT
CAPACITY CLAfMED B
0 INDIVIDUAL(S)
rn CORPORATE T. L.
NAME. TllLE OF OFFICER. E GI 'JANE DOE. NOTARY WBLC
011 Jefferson
OnJune 3, 1994 beforeme, Donald P. Preau, Notary Public
personally appeared 0 ATTORNEY-IN-FACT G. W. James, 111
NAME(S) OF SIQNER(S)
the same in hishedtheir authorized
capacity(ies), and that by hislherltheir
T. L. James & Co Witness my hand and official seal.
-
THIS CERTIFICATE Title or Type of Document Labor and Material Payment Bond
Date of Document June 1 9 1994
I
a
HIGHLANDS INSURANCE GROUP
\ - H2
6_
PERFORMANCE BOND
Approved by The American Institute of Architects BOND NO.
KNOW ALL MEN BY THESE PRESENTS:
T. L. James & Company, Inc.
(Here insert the name and address or legal title of the Contractor) That
- Highlands Underwriters Insurance Company and
High1ands Insurance Company as Principal, hereinafter called Contractor, and
Texas, as Surety, hereinafter called Surety, are heid and firmly bound unto
a Texas Corporation of
North San Diego County Trans
Development Board -
- (Here insert the name and address or legal tiIle of the Owner)
as Obligee, hereinafter called Owner, in the amount of
- and no/100
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, succe!
assigns, jointly and severally, firmly by these presents.
Nine mi11ion eight hundred sixty eight tt
Dollars ($ 9 9 868 9 000 00
‘WHEREAS, Contractor has by written agreement dated
entelred into acontract with Owner for work to be performed related to the railroad bridge
other work performed within the railroad’s right-of-way regarding the Batiquitos Enhancement Project
in accordance with drawings and specifications prepared by - (Here insert full name and ticle)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, the1
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations tht
1) Complete the Contract in accordance with its terms and conditions, or
211 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowes bidder or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for acontract betwee and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contrac tion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, includin and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract pricl this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount prc Owner to Contractor.
No suit or action on this bond shall be sustainable or brought in any court unless commenced within two years and one day next after cause of aclic
No right of action shalt accrue on this bond to or for the use of any person or corporation other than the Owner named her& or the heirs. e
tion shall be null and void; otherwise it shall remain in full force and effect.
Surety may promptly remedy the default, or shall promptly.
ministrators or successors of Owner.
A.D June day of 1st . Signed and sealed this
T. L,JAMES & COMPANY, INC.
(Princlpal)
(Title) Sr. Vice Pr
HIGHLANDS INSITUXCE COMPANY HIGHLANDS UNDERWRITERS INSUWC
rl)
(Surety)
2 ‘3
BY I -\ t.6 b(k)w 2:
WILLIAE H. (%???%6%%- WILLIAM H. ELLSWORTH, ATTORPJEY-IN-FACT 11117
HIGHLANDS UNDERWRITERS INSURANCE COMPANY
HOUSTON, TEXAS 0
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Highlands Underwriters Insurance Company, a corporation duly incorporated under the laws of the State of Tei
hereby constitute and appoint Wi 11 i am H. El 1 sworth, Ronald J. Schexnaydre, Jerr.y J. Tee1 , - Charles F. Cowand, Ralph LeBlanc, Alexander J. Ellsworth, Jointly or Severallv
of the City of Metai ri e , State of Louisiana , to be
and lawful attorney-in-fact for the following purposes, to-wit,
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipi
undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set fofl
appended resolution of the Board of Directors of the said Highlands Underwriters Insurance Company; provided, that tl
sum of no single one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of
Unl imi ted _--_ ---
($ Unlimited ); the Company hereby ratifying and confirming all and whatsoever the said attorney-in4 0 lawfully do in the premises by virtue of these presents, but reserving to itself full power of substiiution and revocation
IN WITNESS WHEREOF, the said Highlands Underwriters Insurance Company, pursuant to a resolution paw
Board of Directors, at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, ha
these presents to be sealed with its corporate seal, duly attested by the signature of its President, Senior Vice Presidents, Vice PI
Assistant Vice Presidents and Secretary or Assistant Secretaries this 4th day of January
, A.D. 19 94.
HIGHLANDS UNDERWRITERS INSURANCE CO fgj 7 3
%a3 33N+e T Q&, I-
\ - - BY - Assistant Secrgtary
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF HOUSTON
On this 4th day of January in the year 19 94 before me p
came J. L. Darnold to me known, who, being by me duly sworn, did de
say: That he resides in Houston, Texas; that he is
of the Highlands Underwriters Insurance Company, the corporation described in and which executed the above instrun
he knows the Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixe instrument by and under authority conferred by the Board of Directors of said corporation; and that he signed his name there
authority.
Senix-Vice President
\.
fLcL Q*&. 2 VlCKlEA. BYUS I Notary Public. State of Texas My Commission Expires 06-30-96 Notary Pu IC. tat of Texas
RESOLUTION
RESOLVED, that this Company hereby does authorize and empower its President or any one of its Senior Vice Prt
Vice Presidents, or Assistant Vice Presidents in conjunction with any one of its Secretaries or any of its Assistant Sec
under its corporate seal, to execute and deliver power of attorney or to appoint any person or persons as attorney-in-fact or at
in-fact, or agent or agents of this Company, in its name and as its act, to execute and deliver any and all contracts guar;
the fidelity of persons holding positions of public or private trust, guaranteeing bonds and undertakings, required or pc
in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or i
agents, to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertal
anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the Unite
or of any State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of an!
body, organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, made
given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporatior
office, interest, municipality or other association or organization whatsoever, in any and all capacities, whatsoever, conc
for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, ob1
stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so aui
to be specified in such power of attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and
of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may be
by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signat
seal shall be valid and binding on the Company.
I, R. S. Ashton, Assistant Secretary of HIGHLANDS UNDERWRITERS INSUI
COMPANY, do hereby CERTIFY that the foregoing is a true copy of a resolution duly adopted by the Board of Dire
said company at a meeting of the Board held on the 29th day of July, A.D., 1974, at which time a quorum was pres
acting throughout, and that said resolution has not been subsequently rescinded or modified.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Underwriters Insurance Compa
, A.D. 19 94. 4th day of Januaw
@
%v Q%oa a3#**
STATE OF TEXAS
COUNTY OF HAKRIS
I, R. S. Ashton, Assistant Secretary of Highlands Underwriters Insurance Co
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Hi
Underwriters Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of H
94 , A.D. 19 . June day of 1st Texas, this
@ Assistant Secretary P@&hL
%v “%a &@
HIGHLANDS INSURANCE COMPANY
HOUSTQN, TEXAS a
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the Highlands Insurance Company, a corporation duly incorporated under the laws of the State of Tex
hereby constitute and appoint William H. Ellsworth, Ronald J. Schexnaydre, Jerry J. Teel, Charles F. Cowand, Ralph LeBlanc, Alexander J. Ellsworth, Jointly or Severally
of the City of Metai rie , State of Louisiana , to be
and lawful attorney-in-fact for the following purposes, to-wit:
To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipi
undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set for
appended resolution of the Board of Directors of the said Highlands Insurance Company; provided, that the penal sum of I
one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of
Unlimited
($ - Unlimited ): the Company hereby ratifying and confirming all and whatsoever the said attorney-in- e lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation
IN WITNESS WHEREOF, the said Highlands Insurance Company, pursuant to a resolution passed by its Board of D
at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, has caused these pri
be sealed with its corporate seal, duly attested by the signature of its President, Senior Vice Presidents, Vice Presidents, i Vice Presidents and Secretary or Assistant Secretaries this 4th day of January
, A.D. 19 ~. 94
HIGHLANDS INSURANCE COMPANY
ByApL!!L!Da- ff * *
??%As
AsSi stan3 Sdcreta'ry Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF HOUSTON
On this 4th day of January in the year 19 94 before me pc
appeared J. L. Darnold to me known, who, being by me duly sworn, did del
of the Highlands Insurance Company, the corporation described in and which executed the above instrument; that he h
Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed to such in
by and under authority conferred by the Board of Directors of said corporation; and that he signed his name theretc
authority.
say: That he resides in Houston, Texas; that he is Senior Vice President ~-
0 yY Notary Pu IC, ta e of Tex s
f VICKIEA. BYUS
f Notary Public, State of Texas My Commission Expires 06-30-96
RESOLUTION
RESOLVED, that this Company do, and it hereby does authorize and empower its President or any one of it
Vice Presidents, Vice Presidents or Assistant Vice Presidents, in conjunction with any one of its Secretaries or any o,
Assistant Secretaries, under its corporate seal, to execute and deliver power of attorney or to appoint any person or pe
attorney-in-fact or attorneys-in-fact, or agent or agents of this Company, in its name and as its act, to execute and del
and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the perf(
of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permittc
actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or agent or
to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or i
in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States o
State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any boar(
organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, made
given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporatioi
office, interest, municipality or other association or organization whatsoever, in any and all capacities, whatsoever, con1
for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, ob1
stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so aui
to be specified in such power of attorney.
FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and
of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may be
by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signat
seal shall be valid and binding on the Company.
1, R. S. Ashton, Assistant Secretary of Highlands Insurance Cc
hereby certify that at a meeting of the Board of Directors of said Company, duly called and held at the office of the CI
at the City of Houston, on the 29th day of July, A.D., 1974, at which was present a quorum of said Directors, duly aut
to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the fo
is a true copy and of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Insurance Compar
94 4th day of January , A.D. 19 ~.
PC%-& ’.- @ Assi Stant Secretary
t * *
@XAS
STATE OF TEXAS
COUNTY OF HARRIS
1, R. S. Ashton, Assistant Secretary of Highlands Insurance Co
do hereby certify the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Highlands In
Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of H
Texas, this 1st day of June , A.D. 19 -?!L. @ Assistant Secretary
TEXAS
0 INDIVIDUAL(S)
0 CORPORATE
NAME. TITLE OF OFFICER. E G.. 'JANE DOE. NOTARY PUBLIC' ill
of Jefferson
beforeme, Donald P. Preau, Notary Public
0 PARTNER(S)
0 TRUSTEE(S)
a ATTORNEY-IN-FACT personally appeared William H. Ellsworth
NAME(S) OF SIGNER(S1
H personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose namefs) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or theentity upon behalf of which theperson(s)
acted, executed the instrument.
Witness my hand and official seal.
o SUBSCR,B,NG W,MEL
cI GUARD,AN,CONSERV,
0 OTHER:
* SIGNER 1s REPRESEh
Highlands Insuranl
Highlands Underwr
Insurance Comp,
ATTEMK)(J NOTARY: Although the Information requested bekw IS OPTIONAL, It could prevent fraudulent altachment of thls mrtificete to unauthorued boa
NAME OF PERSON(S) OR ENTIYY(lt
-
THIS CERTIFICATE Title or Type of Document Performance Bond
Date of Document June 1, Igg4
e
CAPACITY CLAIMED I
0 iNDIVIDUAL(S)
@ CORPORATE T . L . J;
OFFICER(S) Sr* Vir
Tll NAME TlTLE OF OFFICER. E G . 'JANE DOE, NOTARY WBLE'
f Jefferson
D PARTNER(S)
personally appeared G. W. James, 111 , 0 ATTORNEY-IN-FACT
0 TRUSTEE(S) NAME(S) OF SIQNERIS)
Ix] persorially known to me - OR - [7 proved to me on the basis of satisfactory evidence
to be the person@) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or theentity upon behalf of which theperson(s)
acted, executed the instrument.
Witness my hand and official seal.
o SUBSCA,S,NO W,ME:
~ GUARD,AN,CONSERVI
0 OTHER:
. SIGNER IS REPRESEN
T. L. James & Co.
NAME OF PERSON@) OR E"ITY(lE
-
A~EMTION NOTARY: ARhough the informaton requested bebw IS OPTIONAL, It could prevent traudulent attachment Of thls certllcete to unauthonred doa
THIS CERTIFICATE Title or Type of Document Performance Bond
Number of Pages 1 Date of Document June 1 9 1994
Signer(s) Other Than Named Above UBED AT RIGHT:
0 lo01 NATIONAL NOTARY ASX>CIATIDN - 8236 ROW1 Am. * P.O. &X 7184 * C.nOgB I
a
RELEASE FORM I
THIS FORM SHALL BE SUBMITTED AND APPROVED PRIOR TO APPROVAL 0 MONTHLY PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges upon payment in the full amount specifie all compensation of whatever nature due the Contractor for all labor and materials furnish€ and for all work performed on the above-referenced project for the period specified above wi the exception of contract retention amounts and disputed work or claims specifically shov
RETENTION AMOUNT FOR THIS PERIOD: $
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DISPUTED WOWCLAIMS
DESCRIPTION OF DISPUTED WORWCLAIM AMOUN I CLAIMED
(OR 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 work/clai on this form. This release and waiver has been made voluntarily by Contractor without si^ fraud, duress or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and wo due Subcontractors for the specified period will be paid according to Public Contract Coc Section 20104.50 and Business and Professions Code Section 7108.5 and that the parti signing below on behalf of Contractor have express authority to execute this release.
DATED:
C
PRINT NAME OF CONTRACT0
DESCRIBE ENTITY (Partnership Corporation, etc.)
By: s; Title:
By: Title: t 37
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SPECIAL PROVISIONS
PART 1. SUPPLEMENTAL GENERAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS
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Modify Section 1 of Standard Specifications as follows:
_. 1-1 TERMS I To Section 1-1, Terms, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar import art
used, it shall be understood that reference is made to the plans accompanying these provisions, unlesi I stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it shall bt
understood that the direction, designation or selection of the Engineer is intended, unless statec
otherwise. The word "required" and words of similar import shall be understood to mean "as require(
to properly complete the work as required and as approved by the Engineer," unless stated otherwise
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar import are used
it shall be understood such words are followed by the expression "in the opinion of the Engineer,
unless otherwise stated. Where the words "approved," "approval," "acceptance," or words of simila
import are used, it shall be understood that the approval, acceptance, or similar import of thc
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 and installiq
of materials that are indicated, specified or required to mean that the Contractor, at herhis expense
shall furnish and install the work, complete in place and ready to use, including furnishing o
necessary labor, materials, tools, equipment, and transportation.
b
- 1-2 DEFINITIONS
Modify Section 1-2, Definitions, as follows: t 1-1 I
I
Agency or City - the City of Carlsbad, California
Consultant or Consulting Engineer - Moffatt & Nichol, Engineers and their subcontracted specialisl
consultants.
Engineer or Construction Manager or Project Manager - authorized employees, agents, and
representatives of Centennial Engineering, Incorporated, Los Angeles, Irvine, and San Diego.
California, for and on behalf of the City of Carlsbad.
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SECTION 2 - SCOPE AND CONTROL OF WORK
Modify Section 2 of Standard Specifications as follows: I _. 2-4 CONTRACT BONDS
Modify Section 2-4, Contract Bonds, as follows:
Delete the third sentence of the first paragraph having to do with a surety being listed in the lates
revision of U.S. Department of Treasury Circular 570.
Modi@ paragraphs three and four to read:
The Contractor shall provide a faithful performancehvarranty bond and payment bond (labor anc
materials bond) for this contract. The faithful performancelwarranty bond shall be in the amount o
100 percent of the contract price and the payment bond shall be in the amount of 50 percent of thc
contract price. Both bonds shall extend in full force and effect and be retained by the city during thc
course of this project until they are released according to the provisions of this section.
The faithful performancelwarranty bond will be reduced to 25 percent of the original amount 35 day
after recordation of the Notice of Completion and will remain in full force and effect for the one yea
warranty period and until all warranty repairs are completed to the satisfaction of the City.
The payment bond shall be released six months plus 35 days after recordation of the Notice o
Completion if all claims have been paid.
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All bonds are to be placed with a surety insurance carrier admitted and authorized to transact th
business of insurance in California and whose assets exceed their liabilities in an amount equal to c
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 law
or other instrument entitling or authorizing the person who executed the bond to do so.
i 1-2 I
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2) A certified copy of the certificate of authority of the insurer issued by the insuranc
commissioner.
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 calendar year prior to 30 days next preceding the date (
the execution of the bond. The financial statement shall be made by an officer's certificate i
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financi,
statement may be verified by the oath of the principal officer or manager residing within tk
United States.
2-5 PLANS AND SPECIFICATIONS
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To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Worl
Construction, (SSPWC), 199 1 Edition, and the 1992 and 1993 supplements, hereinaftc
designated "SSPWC", as issued by the Southern California Chapter of the American Pub1
Works Association, and as amended by the Special Provisions section of this contract a~
Caltrans Standard Specifications (July 1992), for traffic control plans, signing and stripir
plans, as modified in these special provisions.
The Construction Plans consist of 79 sheets designated as City of Carlsbad Drawing No. 342
The standard drawings utilized for this project are the latest edition of the San Diego Arc
Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego Coun
Department of Public Works, together with the City of Carlsbad Supplemental Standa
Drawings. Copies of pertinent standard drawings are enclosed with these documents.
2-5.3 ShoD Drawinzs and Submittals
Modify Subsection 2-5.3, Shop Drawings and Submittals, as follows:
One (1) reproducible and ten (10) copies of the Shop Drawings are to be submitted to tl
Engineer.
The additional Drawings and instruction thus supplied will become a part of the Contra
Documents. The Contractor shall carry out the Work in accordance with the additional de^
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When submitted for the Engineer's review, Shop Drawings shall bear the Contractor
certification that he/she has reviewed, checked and approved the Shop Drawings and that th
are in conformance with the requirements of the Contract Documents. The followii
Contractor's certification shall appear on all submittals: m ?
1-3 I
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"I hereby certified that the (equipment, material) shown and marked in this submitt,
is that proposed to be incorporated into this Project, is in compliance with the Contra(
Documents, can be installed in the allocated spaces, and is submitted for compliance
Certified by:
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The following procedures will apply to Shop Drawing submittals:
a. All Shop Drawings or submittals shall be complete, certified by the Contractc
and shall contain all required information in detail. This includes instruction ar
maintenance manuals and parts lists of all major equipment furnished. Data
these manuals shall cover completely all items as specified and as supplied. TI
Contractor shall make all necessary corrections to the submittals required by tl I Engineer.
b. When accepted by the Engineer, each copy of the submittals will be stampc
signed, and dated by the Engineer.
One (1) reproducible set of the reviewed Drawings will be returned to tl
Contractor.
c.
I The following procedures apply to all Submittals, including Shop Drawings:
a. Submittals must be included in the CPM activity analysis. Contractor should
sure to allow ample time for the review process of a submittal (a minimum
30 days) and lead time to procure materials for incorporation into the work. T1
Submittal Register in Appendix L must be completed by the Contractor
indicate scheduled submittal date and anticipated acceptance date by t
Engineer 30 days after Notice to Proceed. The Contractor shall carefully conk
his procurement operations to ensure that each individual submittal is made t
or before the scheduled submittal date shown on the approved Submin
Register.
Proposed deviations from the contract requirements shall be clearly identifie
Submittal shall include items such as: Contractor's, manufacturer's,
fabricator's drawings; description literature including (but not limited to) catalc
cuts, diagrams, operating charts or curves; test reports; test cylinders; sample
Operation and Maintenance (O&M) manuals including parts list; certificatior
warranties and other such required submittal.
ACCEPTED SUBMITTAL: The acceptance of a submittal by the Enginc
shall not be construed as a complete check, but will indicate only that t
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1-4
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general method of construction, materials, detailing and other information are satisfactory.
Acceptance will not relieve the Contractor of the responsibility for any error which may exist,
as the Contractor under the Contractor's Quality Control (CQC) requirements of this contract,
is responsible for the dimensions and design of adequate connections, details and satisfactory
construction of all work. After submittal has been accepted appved by the Engineer, no
resubmittal for the purpose of substituting materials or equipment will be given consideration
unless accompanied by an explanation as to why a substitution is necessary.
Q
d. UNACCEPTED SUBMITTAL: The Contractor shall make all corrections
required by the Engineer and promptly furnish a corrected submittal in the form
and number of copies as specified for the initial submittal.
Payment for material incorporated in the work will not be made if the required
acceptance have not been obtained.
The Contractor shall submit all items listed on the Submittal Register on a fom
provided by the Engineer. The Engineer may request submittals in addition tc
those listed on the Submittal Register.
The Contractor shall complete "contractor schedule date" column and return twc
(2) completed copies of the Submittal Register to the Engineer for acceptance
within 30 calendar days after Notice to Proceed for acceptance. The acceptec
Submittal Register will become the scheduling document and will be used tc
control submittals throughout the life of the contract. This register and thc
progress schedules shall be coordinated.
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Add the following section:
2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparen
sepias, which shall be corrected daily and show every change from the original drawings an(
specifications and the exact "as-builts" and all other work not visible at surface grade. Print:
for this purpose may be obtained from the City at cost. The Contractor shall update the "as
built" record set of drawings each week and be available to the Engineer. An updated "as
built" record set of drawings in AutoCad ver. 12.0 shall be submitted to the Engineer eac
month. One set of drawings shall be kept on the job and shall be used only as a record set an
shall be delivered to the Engineer upon completion of the work.
The failure of the Contractor to submit, maintain, or revise the record drawings shall enabl
City, at its sole election, to withhold up to 10% of the monthly progress payment othenvis
due and payable to the Contractor until the record drawings have been submitted, maintainec
or revised by the Contractor and accepted by the Engineer as to completeness and conformans
with the aforementioned provisions. e
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- 2-9 SURVEYING
Modify Section 2-9, Surveying, as follows:
The Contractor shall hire and pay for the services of a land surveyor licensed in the State c
California that has both land and water (hydrographic) survey capabilities to perform all wor
necessary to construct the project in accordance with the construction documents. Surveyin;
will be used for determining payment quantities. The Contractor shall submit survey method
for review and acceptance to the Engineer.
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SECTION 3 - CHANGES IN WORK
Modify Section 3 of Standard Specifications as follows:
- 3-5 DISPUTED WORK
To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with th
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencinl
with Section 20104) so long as such code is extended beyond January 1, 1994, which is st
forth below:
ID ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
Application of article; inclusion of article in plans and specifications 8 20104.
(a) (1) This article applies to all public works claims of three hundred seventy-five thousan
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractc
and a public agency when the public agency has elected to resolve any disputes pursuant I
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. I
(b) (1) "Public work" has the same meaning as in Sections 3 100 and 3 106 of the Civil Codc
except that "public work" does not include any work or improvement contracted for by th
state or the Regents of the University of California.
(2) Tlaiml' means a separate demand by the contractor for (A) a time extension, (E
payment of money or damages arising from work done by or on behalf of the contractc
pursuant to the contract for a public work and payment of which is not otherwise express1
provided for or the claimant is not otherwise entitled to, or (C) an amount the payment (
which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans I
specifications for any work which may give rise to a claim under this article.
1-6
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(d) This article applies only to contracts entered into on or after January 1, 1991.
0 20104.2. Claims; requirements; tort claims not covered by this article
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate tk
claim. Nothing in thj
subdivision is intended to extend the time limit or supersede notice requirements othenvis
provided by contract for the filing of claims.
Claims must be filed on or before the date of final payment.
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(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respon
in writing to any written claim within 45 days of receipt of the claim, or may request, i
writing, within 30 days of receipt of the claim, any additional documentation supporting th
claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuar
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall t:
submitted to the claimant within 15 days after receipt of the Wher documentation or withi
a period of time no greater than that taken by the claimant in producing the addition:
information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to thre
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing 1
all written claims within 60 days of receipt of the claim, or may request, in writing, within 3
days of receipt of the claim, any additional documentation supporting the claim or relating 1
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or withj
a period of time no greater than that taken by the claimant in producing the addition;
information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails
respond within the time prescribed, the claimant may so notify the local agency, in writin
either within 15 days of receipt of the local agency’s response or within 15 days of the loc
agency’s failure to respond within the time prescribed, respectively, and demand an inform
conference to meet and confer for settlement of the issues in dispute. Upon a demand, tl
local agency shall schedule a meet and confer conference within 30 days for settlement of tl ’ * dispute.
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(e) Following the meet and confer conference, if the claim or any portion remains in dispute
the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) an
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of th
Government Code. For purposes of those provisions, the running of the period of time withi
which a claim must be filed shall be tolled from the time the claimant submits his or he
written claim pursuant to subdivision (a) until the time that claim is denied as a result of th
meet and confer process, including any period of time utilized by the meet and confer proces: (0 This article does not apply to tort claims and nothing in this article is intended nor shd
be construed to change the time periods for filing tort claims or actions specified by Chapte
1 (commencing with Section 900 and Chapter 2 (commencing with Section 910) of Part 3 (
Division 3.6 of Title 1 of the Government Code..
0 20104.4.
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Civil actions; mediation and arbitration; qualifications and expenses of
mediators and arbitrators; trial de novo; witnesses
The following procedures are established for all civil actions filed to resolve claims subjec
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading:
the court shall submit the matter to nonbinding mediation unless waived by mutual stipulatio
of both parties. The mediation process shall provide for the selection within 15 days by bot
parties of a disinterested third person as mediator, shall be commenced within 30 days of tl
submittal, and shall be concluded within 15 days from the commencement of the mediatio
unless a time requirement is extended upon a good cause showing to the court or by stipulatio
of both parties. If the parties fail to select a mediator within the 15-day period, any party ma
petition the court to appoint the mediator.
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(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratio
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the COC
of Civil Procedure, notwithstanding Section 1141.1 1 of that code. The Civil Discovery A
of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of tl:
Code of Civil Procedure) shall apply to any proceeding brought under this subdivisio
consistent with the rules pertaining to judicial arbitration. I;
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitratoi
appointed for purposes of this article shall be experienced in construction law, and, upc
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonabl
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be pa
equally by the parties, except in the case of arbitration where the arbitrator, for good caus
determines a different division. In no event shall these fees or expenses be paid by state 1
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of tl
Code of Civil Procedure any party who after receiving XI arbitration award requests a trial (
novo but does not obtain a more favorable judgment shall, in addition to payment of costs ar
fees under that chapter, pay the attorney’s fees of the other party arising out of trial de nov
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(c) The court may, upon request by any party, order any witnesses to participate in tk
mediation or arbitration process.
9 20104.6. Payment by local agency of undisputed portion of claim; interest o
arbitration award or judgment
(a) No local agency shall fail to pay money as to any portion of a claim which is undispute
except as otherwise provided in the contract.
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(b) In any suit filed under Section 20104-4, the local agency shall pay interest at the legal ra
on any arbitration award or judgment. The interest shall begin to accrue on the date the su
is filed in a court of law.
tj 20104.8. Duration of article; application of article to contracts between Jan. 1, 195
and Jan. 1, 1994
(a) This article shall remain in effect only until January 1, 1994, and as of that date
repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes (
extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into between Janua
1, 1991, and January 1, 1994, which is subject to this article shall incorporate this article. 7
that end, these contracts shall be subject to this article even if this article is repealed pursua c to subdivision (a).
SECTION 4 - CONTROL OF MATERIALS
Modify Section 4 of Standard Specifications as follows: 1 - 4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Reauirements
4- 1.3.1 General
To Section 4- 1.3.1, General, add:
All work shall be under the observation of the Engineer or his appointed representative. TI
Engineer shall have free access to any or all parts of work at any time. Contractor shl
furnish Engineer with such information as may be necessary to keep herhim fully informt
regarding progress and manner of work and character of materials. Inspection of work sh
not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials
Modify Section 4-1.4, Test of Materials, as follows:
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Except as specified in these Special Provisions, the City will bear the cost of testing material:
andor workmanship where the results of such tests meet or exceed the requirements indicate(
in the Standard Specifications and the Special Provisions. The cost of all other tests shall b(
borne by the Contractor.
The source of supply of each of the materials shall be submitted and accepted by the Enginee
before delivery. All materials proposed for use may be inspected or tested at any time durinl
their preparation and use. If, after trial, it is found that sources of supply which have beel
approved do not furnish a uniform product, or if the product from any source prove
unacceptable at any time, the Contractor shall furnish approved material from other approve(
sources. Materials damaged before or after delivery to the job site by improper storage
handling or any other action shall be deemed rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans and th
SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exceec
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 Engineer
The costs of any retests made necessary by noncompliance with the specifications shall b
borne by the Contractor.
Add the following: section:
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B 4-1.9 Nonconforming: Work
The Contractor shall remove and replace any work not conforming to the plans a
specifications upon written order by the Engineer. Any cost caused by reason of thi
nonconforming work shall be borne by the Contractor. I SECTION 5 - UTILITIES
Modify Section 5 of Standard Specifications as follows:
- 5-1 LOCATION I To Section 5-1, Location, add:
The City of Carlsbad and affected utility companies have, by a search of known record:
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of th
work. However, the accuracy of completeness of the utilities indicated on the Plans is nc
guaranteed. The Contractor shall notify the following agencies forty-eight (48) hours prior t
start of work and when underground work is in the vicinity of the utility. I
The Gas Company 3 10-578-264
Leucadia Co. Water District - 619-753-015
North County Transportation District 6 19-967-280
San Diego Gas & Electric 61 9-654-864
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Pacific Bell 619-586-388:
Underground Service Alert 1-800-422-41 3:
Carlsbad Municipal Water District 61 9-43 8-336’
City of Carlsbad Inspection Department 619-438-389
California Department of Transportation 619-688-684:
Western Union 714-563-413’
California Department of Parks & Recreation 6 19-43 8-267.
Encinas Wastewater Authority 61 9-438-394
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To Section 5-4, Relocation, add:
The temporary or permanent relocation or alteration of utilities, including service connectior
desired by the Contractor for hisher own convenience shall be the Contractor’s ow
responsibility, and he/she shall make all arrangements regarding such work at no cost to th
City. If delays occur due to utilities relocations which were not shown on the Plans, it will t
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 relocal
utilities which interfere with the construction, the Contractor, upon request to the City, may k
permitted to temporarily omit the portion of work affected by the utility. The portion tht
omitted shall be constructed by the Contractor immediately following the relocation of th
utility involved unless otherwise directed by the City. c
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF’ THE WORK
Modify Section 6 of Standard Specifications as follows: I - 6-1 CONSTRUCTION SCHEDULE
Modify Section 6-1, Construction Schedule, as follows:
A construction schedule is to be submitted by the Contractor per the following:
The prime contractor is required to prepare in advance and submit
at the time of the project preconstruction meeting a detailed
critical path method (CPM) project schedule in the most recent
version of Primavera. This schedule is subject to the review and
acceptance of the Engineer.
The schedule shall show a complete sequence of construction
activities, including submittals, reviews, procurement of materials,
inspections and progress surveys, identifying work for the
complete project in addition to work requiring separate stages, as
well as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50% and
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90% completion, and any other major construction milestones,
materials and equipment manufacture and delivery, logic ties,
float dates, and duration.
The prime contractor shall revise and resubmit for approval the
schedule as required by City when progress is not in compliance
with the original schedule. The prime contractor shall submit
revised project schedules with each and every application for
monthly progress payment identifying changes since the previous
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I 4. The schedule shall indicate estimated percentage of completion
for each item of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise
the aforementioned schedule (s) shall enable City, at its sole
election, to withhold up to 10% of the monthly progress payment
otherwise due and payable to the Contractor until the schedule
has been submitted by the prime contractor and accepted by the
Engineer as to completeness and conformance with the
aforementioned provisions.
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No changes shall be made to the construction schedule without the prior written approval (
the Engineer. Any progress payments made after the scheduled completion date shall nc
constitute a waiver of this paragraph or any damages.
The Contractor shall submit monthly to the Engineer an updated CPM schedule and narrativ
report. The report shall identify and discuss potential problem areas; current and anticipate
delaying factors and their impact; actions taken or proposed; proposed changes in CPI
schedule logic; out of sequence work; and any other topics related to job progress (
scheduling. The Contractor shall update the most recent schedule to incorporate all curre1
schedule information, including actual progress, approved adjustments of time and propose
changes in sequence and logic.
Progress status shall be evaluated by the activities on the critical path at the time of updatinj
If the current updated CPM schedule indicates that the contract progress is 20 days or mol
behind the planned schedule, as determined by the Engineer, the Contractor shall submit to tl:
Engineer a revised CPM schedule and an explanation of corrective action taken or propose
by the Contractor to complete the project within the time specified. Negative float indicate
the activities are behind schedule and positive float indicates status ahead of schedule or a no1
critical activity.
If the Contractor or the Engineer considers that an accepted or anticipated change will impai
the critical path or contract progress, a schedule analysis and revised CPM schedule supportin
the proposed adjustment of time shall be submitted to the Engineer for discussion, review ar
acceptance. All changes shall be shown as separate activities or groups of activities ar
entered into the relevant part of the accepted network schedule cyrent at the time of chang
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If such a revision is not available, the Engineer may, at his option, construct and utilize thc
project as-built schedule, or other recognized method of delay impact analysis. In case of i
deductive change reducing the quantity of work to be done under affected activities, thc
estimated duration of these activities shall be adjusted to reflect the reduced quantities of work
The Contractor shall submit a written report, describing the adjustments and reasons for thi
adjustments, and the impact of the changes.
The Engineer may use these and other information in evaluating the effect of the changes
delays, or time savings on the critical path and the accepted schedule current at the time to
determine the applicable adjustment of time, if any, to any target date or completion date dui
to the changes, delays, or time savings.
Changes or delays that do not affect the controlling operation or operations on the critical pat1
will not be considered as the basis for a time adjustment. Changes or delays that do affect th
controlling operation or operations on the critical path will be considered in granting a
extension of time for completion of the contract only if the total float is absorbed by the delay
The Contractor shall provide for the City's exclusive use a complete computer systen
specifically capable of creating, storing, updated and producing CPM schedules. It is thi
Contractor's responsibility to maintain and repair the computer system. The Engineer may USI
the furnished computer hardware, software and instruction manuals for any purposes relatinl
to the subject project. Before delivery and setup of the computer system, the Contractor shal
submit to the Engineer for approval a detailed list of all computer hardware and software thl
Contractor proposes to furnish. The minimum computer system to be furnished shall includi
the following:
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Complete computer system, including keyboard and high resolution 15" SVGA monito
using an Intel 80486 chip and at least DX 33 mz speed.
A 120 megabyte hard drive and a 1.44 megabyte 3 1/2" floppy drive and 8 megabyt
of random access memory (RAM).
Computer operating system software compatible with the selected processing unit fo
MS DOS 6.2 and Windows 3.1, Primavera 5.0 CPM software, Expedition and Harvarc
Graphics software programs. Contractor shall provide the most recent updates a
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The computer hardware and software furnished by the Contractor shall be compatible with ths
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 softwar
shall be installed and ready for use by the first submission of the progress schedule. Whe
A color printer and/or plotter compatible with the hardware provided.
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requested by the Engineer, the Contractor shall instruct and assist the Engineer in the use c
the hardware and software.
All computer hardware and software hrnished shall remain the property of the Contractor an
shall be removed by the Contractor upon acceptance of the contract when no claims involvin
contract progress are pending. When contract claims involving contract progress are pending
computer hardware or software shall not be removed until the final estimate has been submittec
to the Contractor.
The adjustment provisions in Section 3, "Changes in Work" of the Standard Specifications
shall not apply to the item of progress schedule (critical path). Adjustments in compensatioi
for progress schedule will not be made for any increased or decreased work ordered by th
Engineer in furnishing progress schedules.
The Work shall be performed in conformance with the stages of construction shown on th
plans and described in these special provisions. Nonconflicting work in subsequent stages ma
proceed concurrently with work in preceding stages, provided satisfactory progress i
maintained in the preceding stages of construction.
Coordination
This lagoon enhancement project must be worked in conjunction with the West and Ea:
Carlsbad Boulevard bridge projects as though the three projects are one. The West Carlsba(
Boulevard Bridge replacement project consists of demolition of the existing bridge
construction of a new bridge, rock slope protection, rock channel lining and excavation of th
channel under the bridge. Construction documents for the West Carlsbad Boulevard Bridg
are available at the City of Carlsbad Community Development Center and the City of LC
Angeles Harbor Department. The East Carlsbad Boulevard Bridge project will be defined i
a later date.
The Contractor shall coordinate and cooperate with all other contractors, agencies and utilit
companies during the relocation or reconstruction of their facilities prior to commencement (
work by the Contractor. The Contractor may be granted a time extension if in the opinion c
the Engineer, a delay is caused by the utility company. No additional compensation will k
made to the Contractor for any such delay. See Section 7-7, Cooperation and Collateral Worl
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- 6-5 TERMINATION OF CONTRACT II To Section 6-5, Termination of Contract, add:
Grounds for termination of the contract by the City include failure of the City or Contractc
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 tc
enforcement of the Endangered Species Act and other similar laws.
Contractor is aware that opponents of the Batiquitos Lagoon Enhancement Project ("Project'
have already filed suit against the City of Carlsbad and City of Los Angeles ("Cities") to ha i 1-14 I
the project but that thus far Cities have prevailed and received rulings favorable to Cities.
Contractor is aware that such project opponents may file further appeals or further claims and/or
suits with the courts or with federal, state, or local agencies trying to halt the project. City
specifically reserves the right to terminate the project or to delay work on the project (before or
during construction) if a court or permitting agency orders a halt to project construction or
interprets a project condition in a manner materially increasing the cost or time of completing
the project. City shall exercise its right as follows:
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1. Time. City shall exercise its right to terminate or delay the project within 90
calendar days of learning of any order, ruling, or other decision interfering with
the project. The 90 calendar days shall run from each order, ruling, or other
decision which might issue. Orders, rulings or decisions which might interfere
with the project include those halting the project or interpreting project permitting
conditions in such a way as to materially change the cost of completing the
project.
Contractor Obligation. Contractor shall immediately cease work and take other
actions as City may direct to maintain the integrity of any work commenced if
City terminates or delays this project pursuant to this termination provision.
Contractor Payments. Contractor shall be entitled to recover its expenses in
accordance with the contract terms for Work performed prior to suspension or
termination of the Work. However, contractor shall not be entitled to recover any
anticipated profit for Work not Performed because this contract is terminated or
delayed.
Termination and Reward of Work. If City terminates this contract pursuant to
this provision and thereafter eliminates any court or administrative obstacle to
proceeding with construction, City may proceed with the project by readvertising
for bids.
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Contractor specifically acknowledges the risk of project termination or delay described above and
assumes the risk of such termination or delay on the terms set forth above.
Add the followhw section:
6-5.1 Termination Due to Non-Appropriation of Funds
Contractor recognizes - that funding for this contract is being. Drovided bv the Citv of Los Angeles.
Such funding is subiect to the provisions of the Los Angeles City Charter which. among other
things, Drechdes Los Anaeles from making any' exDenditure of funds or incurring any liability,
including contractual commitments, in excess of the amount amropriated therefor.
When the City of Carlsbad awards this contract, the Board of Harbor Commissioners of the Citv
of Los Ang.eles - is exuected to aupromiate sufficient funds to meet the estimated expenditures
throuph Tune 30 of the current fiscal year and to make further appromiations in each succeedinq * --
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March 17, 1994 e
ADDENDUM NO. 2: CONTRACT NO. 3429
BATIOUITOS LAGOON ENHANCEMENT PROJECT
11. CLARIFICATION: Reference Addendum No. 1, substitute Appendix G,
regarding the Contractor's requirement to provide a Faithful Performance
Bond and a Labor and Materials Bond to North San Diego County Transit
Development Board. Contractor shall provide said bond(s) only in the value
of the work to be performed related to the railroad bridge and all other work
performed within the railroad's right-of-way.
The enclosed drawings, sheets 43 and 78, shall be substituted for the
corresponding drawings in the project plan set.
Reference Appendix H: State of California Department of Transportation
Permit.
The enclosed permit shall be included as Appendix H in the contract
documents. Contractor shall perform, complete, and otherwise comply with
all requirements, submittals, and fees as stated therein. No additional
compensation shall be allowed therefor.
Bedding stone as indicated on sheets 72, 73, 74, 76, 78, and 79 shall
conform to the specification as listed in the Standard Specifications for Public
Works Construction, "Green Book", Section 200-1.2 Crushed Rock, one-inch
gradation.
Reference to Page 1-37, Section 8-2.1 regarding the requirement to compact
and spread aggregate base material on the cleared site. Change the
requirement from 20" of aggregate base material in sub-paragraph 1, line 2,
to read: "....a containment area, compacted and spread with 5" of aggregate
bas e m at er i a 1. "
Reference Addendum No. 1, substituted page 1-15a, first full paragraph,
change line 2 to read: "....emplovees are & bound bv the terms of this
agreement or obligated to make any payment ...."
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fiscal Year during the life of the contract. However, the Los Angeles Board is under no leeal e obliqation to do so.
Neither the Citv of Carlsbad nor the Citv of Los Aneeles, their Citv Councils, boards, officers and
emdovees are not bound bv the terms of this ameement or obligated to make anv pavment
thereunder in any fiscal vear in which the Los Aneeles Board of Harbor Commissioners does not
amroDriate funds therefor. The contractor is not entitled to anv compensation in any fiscal vear
in which funds have not been aDDroDriated for the contract bv the Los Anceles Board of Harbor
Commissioners.
Althouph the contractor is not obligated to Derform any work under the contract in any fiscal
year in which no aDDroDriation for the contract has been made, the contractor awees to resume
performance of the work reauired bv the contract on the same terms and conditions for a period
of 60 davs after the end of the fiscal Year if an auDroDriation therefor is aDproved within that 60-
day Deriod ("the grace - period"). The time for Derformance shall be extended durinp this Deriod
until the aDproDriation is made: however, such extension of time is not compensable.
If in anv subseauent fiscal vear funds are not apwopriated within the grace Deriod for work
reauired by the contract, the contract shall be terminated. However. such termination shall not
relieve the parties of liabilitv for anv obligation - previously incurred.
- 6-6 DELAYS AND EXTENSIONS OF TIME
6-6.3 Pavment for Delays to Contractor
To Section 6-6.3, Payment for Delays to Contractor, add:
The City shall not be Iiable for delay caused by the enforcement of laws and regulations by other
public agencies, including but not limited to, enforcement of the Endangered Species Act and
other-.-.'...- laws.
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- 6-7 TIME OF COMPLETION
6-7.1 General
To Section 6-7.1, General, add:
The Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed"
(NTP) and shall diligently prosecute the work to complete by March 15, 1997.
The Contractor shall complete the following work items by the designated milestone dates:
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Engineer's office space 40 calendar setup and operational
Water level control system,
days after NTP
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Central Basin dredged to -19 feet NGVD
Nesting Sites E-I, E-2. & E-3
Fill Central Basin to -10 feet NGVD
January 15, 1995
March 1. 1995
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Time and Access Restrictions for Start of Work - The Contractor shall dredge and construct rock channel lining, rock slope protection, culverts and culvert headwalls in the tidal inlet channel between East Carlsbad Boulevard (ECB) and West Carlsbad Boulevard (WCB) Bridges in concurrence with ECB Bridge construction. The Contractor shall construct the landward end of the jetties concurrent with WCB Bridge construction, which is expected to start in Fall 1994. The Contractor shall not begin modifications to the railroad trestle (bid item 19) until after August 30, 1995.
6-7.2 Workinp Dav ,
To Section 6-7.2, Working Day, add:
Hours and Days of Work - The normal working hours will be considered between 7:OO a.m. and
5:OO p.m. Mondays through Friday.
Saturdays and extended work hours (5:OO p.m. to 8:OO p.m.) shall only be permitted with written notification to the Engineer 48 hours prior to such extended work hours. Extended hours will result in overtime to the inspection/administration staff which will be compensated by the Contractor. Notification is valid for one week periods.
The Contractor may work Sunday and holidays and 8:OO p.m. to 7:OO a.m. with written permission of the Engineer. Permission must be requested 48 hours in advance. Permission may be conditional to certain restrictions and requirements. The Contractor shall pay the inspection
cost of such work.
For biddinp DurDoses, the inspection cost for all overtime work shall be calculated at a flat rate
of $200 Der hour. The actual hours of overtime insDection shall be agreed to on a weeklv basis
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bv the Engineer and the Contractor. The total insDection cost shall be calculated each month from the aa-eed weeklv hours. The monthlv cost of overtime inspection shall be shown on the Contractor's monthly invoice. To reimburse the Citv those overtime inmection costs as aa-eed above. these overtime inmection costs shall be deducted from the Contractor's monthly pavments
The designated City holidays are:
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New Years Day Columbus Day President's Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day
Labor Day
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- 6-8 COMPLETION AND ACCEPTANCE 0 To Section 6-8, Completion and Acceptance, add:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and 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 LIOUIDATED DAMAGES
Modify Section 6-9, Liquidated Damages, as follows:
If the completion dates for the milestones listed in Subsection 6-7.1, General, are not met, the Contractor will be assessed the following costs per day for each day beyond the completion dates
as liquidated damages for the delay.
Liquidated
Work Item Date Damage Amount
Engineer's office space 40 calendar $ 500
setup and operational days after NTP
Water level control system March 1, 1995 $1,000
xerational
Central Basin dredged to January 15, 1995 $2,000 - 19 feet NGVD
Nesting Sites E-I. E-2, & E-3 March 1. 1995 $2,000
Fill Central Basin to 11 1 $2,000
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If the completion of the March 15, 1997 date is not met, the Contractor will be assessed the sum
of $10,000 per day for each 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. City shall have the right to withhold such liquidated damages
from progress payments made to Contractor.
SECTION 7 - RESPONSIBILITIES OF CONTRACTOR
Modify Section 7 of Standard Specifications as follows:
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- 7-2 LABOR
To Subsection 7-2, Labor. add:
7-2.3 Certified Payroll
The Contractor is reauired to transmit to the Engineer weekly certified Davrolls for a emdoyees, including subcontractor workforces.
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- 7-3 LIABILITY INSURANCE
To Section 7-3, Liability Insurance, add:
All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide I at least A-:V and are admitted and authorized to conduct business in the state of California ar are listed in the official publication of the Department of Insurance of the State of Californi
- 7-4 WORKERS’ COMPENSATION INSURANCE
To Section 7-4, Workers’ Compensation Insurance, add:
All insurance is to be placed with insurers that are admitted and authorized to conduct busine: in the state of California and are listed in the official publication of the Department I Insurance of the State of California. Policies issued by the State Compensation Fund meet tl requirement for workers’ compensation insurance. 0 - 7-5 PERMITS
Modify the first sentence to read:
The City will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, ar building permits necessary to perform work for this contract on City property, in street highways (except State highway right-of-way), railways or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
The following permit reauirements will be done by others:
Permit Agency Permit Requirement
& Lagoon water samples taken and analyzed prior 1
oDening lagoon
Provide qualified California least tern biologis
acceptable to CDFG & USFWS and approved t COE
Provide a aualified archeologist to monitor projer
Corps of Engineers (COE1
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COE Long Term Monitoring Promam Pilot Revegetation - Promam Tidal Monitoring Survey
Within 90 davs after issuance of the Dermit. letter from aualified archaeolo Ast to outline Dlan to imdement monitoring promam
- COE Monthlv letter reDort outlining results of archeological monitoring twogram. commencing won initiation of construction activities
Monitoring Promam
Detailed Dlan for the control of predators at the
California least tern and snowy dover nesting sites
Monitoring and reDorting Drogram Dresented to the WO-CB
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California Coastal Commission (CCC)
- ccc
Water Oualitv Control Board WOCB) -
Add the follow& sections:
7-5.1 State Park Redations
This project is located within the limits of South Carlsbad State Beach Park and the Work shall be performed in accordance with State laws and regulations of the Department of Parks and Recreation governing the preservation of natural features of parks and improvements therein.
All trees and other natural features within the park area shall be protected and safeguarded.
The provisions of this section shall be made a part of every subcontract executed pursuant to this contract .
Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
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7-5.2 Relations with United States Army Corps of Engineers
A portion of this project is located within the jurisdiction of the U.S. Army Corps (
Engineers. A permit has been issued by the U.S. Army Corps of Engineers to the City (
Carlsbad, California for this project. The Contractor shall fully inform himself of tl
requirements of this permit as well as all rules, regulations, and conditions that may govern h
operations in said area and shall conduct his operations accordingly.
A copy of the permit in included in these special provisions in Appendix A.
Attention is directed to Sections 7-5, Permits, of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursuant
this contract.
Full compensation for conforming to the provisions in this section shall be considered (
included in the prices paid for the various contract items of work and no addition
compensation will be allowed therefor.
7-5.3 Relations with California Coastal Commission
A portion of this project is located within the jurisdiction of the California Coast
Commission. A permit has been issued by the Commission to the City of Carlsbad, Californ
for this project. The Contractor shall fully inform itself of the requirements of this permit,
well as all rules, regulations and conditions that may govern Contractor’s operations within th
jurisdiction, and shall conduct all operations accordingly.
A copy of the permit is included in these special provisions as Appendix B.
Attention is directed to Section 7-5, Permits, of the Standard Specifications.
The provisions of this section shall be made a part of every subcontract executed pursuant
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Full compensation for conforming to the provisions in this section shall be considered
included in the prices paid for the various contract items of work and no addition
compensation will be allowed therefor.
7-5.4 Relations with California Department of Fish and Game
A portion of this project is located within the jurisdiction of the California Department of Fi
and Game. A permit has been issued by the Department of Fish and Ganfe to the City
Carlsbad. The Contractor shall fully inform himself of the requirements of this permit as wc
as all rules, regulations, and conditions that may govern his operations and shall conduct 1:
operations accordingly.
A copy of the permit is included in these special provisions as Appendix C.
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The provisions of this section shall be made a part of every subcontract executed pursuant
this contract.
Full compensation for conforming to the provisions in this section shall be considered t
included in the prices paid for the various contract items of work and no addition
compensation will be allowed therefor.
7-5.5 Relations with California Regional Water Oualitv Control Board
A portion of this project is located within an area controlled by the Regional Water Quali
Control Board. Regional Water Quality Control Board Order No. 93-50 has been issut
covering work to be performed under this contract. The Contractor shall fully inform himse
of all rules, regulations and conditions that may govern his operations and shall conduct h
work accordingly.
A copy of this agreement is included in these special provisions as Appendix D.
Any change in the above listed conditions proposed by the Contractor shall be submitted to tl
Engineer for transmittal to the Regional Water Quality Board for their approval. Changes sh
not be implemented until approved in writing by the Regional Water Quality Control Boar
The provisions of this section shall be made a part of every subcontract executed pursuant
this contract.
Full compensation for conforming to the provisions in this section shall be considered
included in the prices paid for the various contract items of work and no addition
compensation will be allowed therefor.
7-5.6 Relations with State Lands Commission
A portion of this project is located within the jurisdiction of the State Lands Commission.
permit has been issued by the Commission to the City of Carlsbad, California for this projec
The Contractor shall fully inform itself of the requirements of this permit, as well as all rulc
regulations and conditions that may govern Contractor’s operations within this jurisdiction, a~
shall conduct all operations accordingly.
A copy of the permit is included in these special provisions as Appendix E.
The provisions of this section shall be made a part of every subcontract executed pursuant
this contract.
Full compensation for conforming to the provisions in this section shall be considered
included in the prices paid for the various contract items of work and no addition
compensation will be allowed therefor.
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7-5.7 Relations with State Parks and Recreation DeDartment
A portion of this project is located within the jurisdiction of the State Parks and Recreation Department. A permit has been issued by the Department to the City of Carlsbad, California for this project. The Contractor shall fully inform itself of the 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 the permit is included in these special provisions as Appendix F.
The provisions of this section shall be made a part of every subcontract executed pursuant to this contract.
Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
7-5.8 Relations with North San Diego County Transit Development Board
A portion of this project is located within the jurisdiction of the North County Transit District (NCTD). The North San Diego County Transit Development Board and the City of Carlsbad have entered into an agreement regarding the conduct of the Work. The Contractor shall fully inform itself of the terms of this agreement and shall conduct all operations accordingly.
A copy of this agreement is included in these special provisions as Appendix G. Bonds. insurance and indemnitv reauirements and Contractor's resDonsi bilities for work within the NCTD jurisdiction are provided in a supplement to ADpendix G.
The provisions of this section shall be made a part of every subcontract executed pursuant to this contract. If a conflict exists between the reauirements provided in the Supplement to ADpendix G and the reauirements provided herein, the more stringent Drovisions shall amlv.
Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
7-5.9 Relations with State Department of Transportation
A portion of this project is located within the jurisdiction of the State Department of Transportation. An encroachment permit has been issued by the Department to the City oi Carlsbad, California for this project. The Contractor shall fully inform itself of the requirement: 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 the permit is included in these special provisions as Appendix H.
The provisions of this section shall be made a part of every subcontract executed pursuant to this
contract.
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Full compensation for conforming to the provisions in this section shall be considered a:
included in the prices paid for the various contract items of work and no additional
compensation will be allowed therefor.
7-5.10 Relations with the Citv of Carlsbad
A portion of this project is located within the jurisdiction of the City of Carlsbad. A specia
use permit has been issued by the City of Carlsbad, California for this project. The Contractoi
shall fully inform itself of the requirements of this permit, as well as all rules, regulations an(
conditions that may govern Contractor's operations within this jurisdiction, and shall conduc
all operations accordingly.
A copy of the permit and the mitigation measures is included in these special provisions a
Appendix I.
The provisions of this section shall be made a part of every subcontract executed pursuant t
this contract.
Full compensation for conforming to the provisions in this section shall be considered a
included in the prices paid for the various contract items of work and no additions
compensation will be allowed therefor.
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- 7-7 COOPERATION AND COLLATERAL WORK
To Section 7-7, Cooperation and Collateral Work, add:
Leucadia County Water District, Pacific Bell Telephone Company, and others will be installing
relocating, repairing and maintaining their respective facilities and the Contractor sha
cooperate in coordinating and allowing access to the work site. The Contractor is advised thi
The Gas Company will be relocating a 12" gas transmission main, and SDG&E will k
relocating a 4" gas transmission main within the limits of work. The 4" gas transmission mai
may not be removed from service outside of a 5 month window from May 1 to September 3(
Contractor shall notify the following listed utilities and agencies not less than 20 working da:
prior to commencing work in the vicinity of their facilities.
The Gas Company Larry Jacquez (3 10) 578-2643
Southern California I Gas Company
t Electric Company
San Diego Gas and Patty Good (619) 654-8649
Leucadia County Water Mike Bardin (619) 753-0155
District
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Pacific Bell Denise Richards (6 19) 586-3882
Western Union Roland Finger (714) 563-4137
Encinas Wastewater Richard Graff (6 19) 438-394 1
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North County Transit Jerry Neben (6 19) 967-2803
District (AT&SF Railroad)
California Department Me1 Davison (6 1 9) 688-6843
of Transportation
Throughout the duration of this project the lagoon water level control pipeline &ll-bek mav be
routed through the San Marcos Creek channel under the West and East Carlsbad Boulevard
Bridge. The Contractor shall cooperate with the bridge contractor constructing the West and
East Carlsbad Boulevard Bridge and shall include the cost of this cooperation in the prices bid for the various contract items of work involved.
The Contractor shall cooperate with these organizations and their respective personnel and Contractors. The Contractor shall coordinate its work and operations so as to minimize interference and shall allow access through the work site to adjacent areas.
No claims for additional compensation will be allowed for this cooperative and collateral work or any delays resulting therefrom.
The Contractor's representative shall attend weekly construction coordination meetings or as
determined by the Engineer depending on project, circumstances, at such times and locations as
the Engineer shall direct. At this meeting, the Contractor will be required to review the past
week's progress and give a detailed outline of the upcoming week's work, including all activities
such as surveying, testing and expected deliveries. Any deviation from the planned activities as outlined in the meeting must be called to the attention of the Engineer before occurrence. The Contractor is also required to present a two week look ahead as part of the work activity presentation. The format for this requirement will be subject to review and acceptance of the Engineer. No separate payment for these meetings will be made.
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- 7-8 PRQTECT SITE MAINTENANCE
7-8.1 Cleanup and Dust Control
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days at the
City's request. No separate payment will be made.
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Section 7-8.5 TemDorarv Liaht, Power and Water
To Section 7-8.5, Temporary Light, Power and Water, add:
The Contractor shall obtain a construction meter for water utilized during construction undl
this contract. The Contractor shall contact the appropriate water agency for requirements. TI
Contractor shall include the cost of water and meter rental within the appropriate items of th
proposal. No separate payment will be made.
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To Section 7-8.6, Water Pollution Control, add:
In addition to the requirements in Section 7-8.6, the Contractor’s program to control wat
pollution shall include a storm water pollution prevention plan to prevent, to the extent feasibl
any net increase in pollution of storm water runoff from entering waterways. The storm wat
pollution prevention plan shall be combined with the water pollution control program submittz
The combined submittal shall include all the requirements in Section 7-8.6 and tl
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This project is subject to the requirements of General Permit No. CAS000002 issued by tl
State of California Water Resources Control Board. This permit regulates storm wat
discharges associated with construction. activities. Attention is also directed to the book1
entitled, “Storm Water Pollution Prevention Plan Handbook,” published by the Department 1
Transportation to assist in the development of the storm water pollution prevention plan.
Copies of the handbook, with General Permit No. CAS000002 included, may be obtained fro
the Department of Transportation, Material Operations Branch, Publication Distribution Un
1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520.
The Contractor shall fully inform himself of the conditions of the General Permit which gove
his operations and shall conduct his construction operations accordingly. Specifically, tl
Contractor shall comply with the General Permit’s discharge prohibitions and receiving wat
limitations.
The Contractor shall maintain a copy of the General Permit at the construction site and sh
make the permit available to operating personnel during construction activities.
The Contractor shall allow authorized agents of the State Regional Water Quality Contr
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
may be required by law, to:
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2. Have access to and copy, at reasonable times, any records that must be kept as specified
in the General Permit.
Inspect, at reasonable times, the construction site and related erosion and sedimen1
control measures.
Sample or monitor, at reasonable times, for the purpose of ensuring compliance witl
the General Permit.
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Conformance with the requirements of this section shall in no way relieve the Contractor fron
his responsibilities, as provided in Section 7-9, Protection and Restoration of Existinj
Improvements, of the Standard Specifications.
The storm water pollution prevention plan shall include a lagoon water level control systen
and erosion control measures for all phases of the Work. The storm water pollution preventior
plan shall achieve the objectives of, and shall satisfy the requirements outlined in Section 1
of General Permit CAS000002, related to the Contractor's operations for the period of time ths
the Contractor is responsible for the construction site. The plan shall also define the lagoo
water level control program and the methods to be employed to maintain the water level bel01
+3.5 feet NGVD, during the period between March 15 and August 15, and to no higher tha
+9.0 feet NGVD at all other times.
The Contractor shall submit to the Engineer an amended water level control and watt
pollution control program whenever there is a change in construction or operations which ma
affect the discharge of significant quantities of pollutants to surface waters, ground waters, (
a municipal separate storm sewer system. The program shall also be amended if it is i
violation of any condition of the General Permit.
A copy of the storm water lagoon level control and pollution prevention plan, together Wil
any revisions, shall be kept 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.
Full compensation for furnishing, installing, maintaining and removing (when no long
required) storm water, control system, complete in place, including water pollution control w
be considered as included in the applicable bid items and no separate payment will be ma(
therefor.
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Add the followinE sections:
7-8.8 Temporary Erosion Control
The temporary erosion control plan shall be submitted to the Engineer. The plan shall consis1
of, but not be limited to, constructing such facilities and taking such measures as are necessary
to prevent, control, and abate water, mud, and erosion damage to public and private propee
as a result of the construction of this project.
Conformance with the requirements of this section shall in no way relieve the Contractor fion- his responsibilities, as provided in Section 7-8.6, Water Pollution Control, Section 7-9 Protection and Restoration of Existing Improvements, of the Standard Specifications.
- 7-8.9 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers i, good repair when in use on the project with special attention to City Noise Control Ordinancc No. 3109, Carlsbad Municipal Code, Chapter 8.48. The Contractor shall submit to thl Engineer within 45 days of NTP a noise control plan to describe compliance with thi ordinance.
7-8.10 Proiect Appearance
The Contractor shall maintain a neat appearance of the Work.
In any area visible to the public, the following shall apply:
When practicable, broken concrete and debris developed during performance shall be dispose of concurrently with its removal. If stockpiling is necessary, the material shall be removed ( disposed of weekly.
The Contractor shall furnish trash bins for all debris from structure construction. All debr shall be placed in trash bins daily. Forms of falsework that are to be re-used shall be stacke neatly concurrently with their removal. Forms and falsework that are not to be re-used sha be disposed of concurrently with their removal.
Full compensation for conforming to the provisions in this section, not otherwise provided fc shall be considered as included in prices paid for the various contract items of work involve and no additional compensation will be allowed therefor.
7-8.11 DisDosal Site Waiver
In addition to any required agency permits for disposal of materials to sites other than tl: locations indicated on the Plans, Contractor shall secure a waiver fiom the proposed dispos site owner absolving the City of Carlsbad, the State of California, the City of Los Angeles, tl North County Transit District and their Boards, officers, employees, and volunteers, from i responsibility in connection with disposal of materials at the proposed disposal site. Contract
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shall submit the original and one copy of the confirmed waiver to the Engineer prior to placini
any materials at the disposal site.
- 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMljNI"
To Section 7-9, Protection and Restoration of Existing Improvements, add:
7-9.1 Temporary Fences
Temporary fences shall be furnished and constructed, maintained, and later removed as show
on the plans, as specified in these special provisions, and as directed by the Engineer.
Except as otherwise specified in this section, temporary fences shall conform to the plan detail
and the specifications for permanent fences of similar character as provided in Section 2064
Chain Link Fence, of these Specifications.
Used materials may be used providing such used materials are good, sound, and are suitabl
for the purpose intended.
Materials may be commercial quality providing the dimensions and sizes of said materials su
equal to, or greater than, the dimensions and sizes shown on the plans or specified by tk
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Posts shall be either metal or wood at the Contractor's option.
Galvanizing and painting of steel items will not be required.
Treating wood with wood preservatives will not be required.
Concrete footings for metal posts will not be required.
Where temporary fences are installed for protection of existing trees these fences shall I
constructed one foot outside of the natural drip line of the tree or trees.
Temporary fences that are damaged from any cause during the progress of the Work shall
repaired or replaced by the Contractor at his expense.
When no longer required for the Work as determined by the Engineer, temporary fences shi
be removed.
removed from the site of the Work, except as otherwise provided in this section.
Removed temporary fence materials that are not damaged may be reused in the permane
Work providing such materials conform to all of the requirements specified for the permane
Work and such materials are new when used for the temporary fences.
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Holes caused by the removal of temporary fences shall be backfilled and the backfil
compacted in accordance to match the condition of existing undisturbed soil adjacent to thc
backfill.
Full compensation for maintaining, removing, and disposing of temporary fences shall bc
considered as included in prices paid for the various related contract items and no additiona
compensation will be allowed therefor.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.3 Street Closures, Detours, Barricades
To Section 7-10.3, Street Closures, Detours, Barricades, add:
Traffic controls shall be in accordance with Chapter 5 of the California Department o
Transportation "Traffic Manual", and these special provisions. In the event that the Contract0
fails to install barricades or such other warning devices as may be required by the Engineei
the City may, at its sole option, install the warning devices and charge the Contractc
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Contractor is hereby advised that the City of Carlsbad will require after hours and weeken
work on a interim basis to accomplish revisions and repairs to the traffic control systelr
perimeter fencing and other similar work required to protect the public, the wildlife and tE
work. No separate payment will be made.
Add the followinp sections: i 7-10.3.1 Construction Area Signs
i required.
Construction area signs shall be furnished, installed, maintained, and removed when no longt
The Contractor shall notify the appropriate regional notification center for operators (
subsurface installations at least 2 working days, but no more than 14 calendar days, prior
commencing any excavation for construction area sign posts. The regional notification cente
include but are not limited to the following:
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Notification Center Telephone
Underground Service
Alert-Northern California (USA) 1-800-642-2444
Underground Service
Alert-Southern California (USA) 1-800-422-4133 I 1-28
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South Shore Utility
Coordinating Council
(DIGS) 1-800-541 -3447
Western Utilities
Underground Alert, Inc. 1-800-424-3447
All excavations required to install construction area signs shall be performed by hand method:
without the use of power equipment, except that power equipment may be used if it i
determined there are no utility facilities in the area of the proposed post holes.
Sign substrates for stationary mounted construction area signs may be fabricated fron
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Type IV reflective sheeting for sign panels for portable construction area signs shall conforn
to the requirements of the State of California Department of Transportation and the Cit
Engineer.
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I 7- 10.3.2 Maintaininp Traffic
Attention is directed to Sections 7- 10 Standard Specifications, "Public Convenience an
Safety". Nothing in these special provisions shall be construed as relieving the Contractor fror
his responsibility as provided in said Section 7-10.
If illuminated traffic cones rather than post-type delineators, are used during the hours I
darkness they shall be affixed or covered with reflective cone sleeves as specified in Caltra
Standard Specifications, except the sleeves shall be 7 inches long.
Lane closures shall conform to the provisions in Section 7-10.3.3 entitled "Traffic Contr
System for Lane Closure."
In addition to the provisions set forth in "Public Safety," elsewhere in these special provision
whenever work to be performed (except the work of installing, maintaining, and removir
traffic control devices) requires the Contractor's personnel to work within 6 feet of the adjace
traffic lane, or to operate equipment within 2 feet of the adjacent traffic lane, the adjace
traffic lane shall be closed.
Personal vehicles of the Contractor's employees shall not be parked on the traveled WE
including any section closed to public traffic.
Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, t
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed
a taper in advance of the parked vehicles or equipment and along the edge of the pavement
25-foot intervals to a point not less than 25 feet past the last vehicle or 'piece of equipme
A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Wc
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree \?r
flags. The flag tree shall be placed where directed by the Engineer.
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All construction traffic control devices shall be maintained in good order and according to th plan throughout the duration of work.
7-10.3.3
A traffic control system shall consist of closing traffic lanes in accordance with the Caltran Manual of Traffic Control (1990) and provisions under "Maintaining Traffic" elsewhere i these special provisions.
The provisions in this section will not relieve the Contractor from his responsibility to provid such additional devices or take such measures as may be necessary to maintain public safeq
During the hours of darkness, as defined in Division 1, Section 280, of the Vehicle Cod( portable signs shown on the plans to be illuminated shall be, at the option of the Contract01 either illuminated signs in conformance with the provisions in Section 12-3.06B, "Portabl
Signs," of the Caltrans Standard Specifications; or Reflexite vinyl microprism reflectiv sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs c Seibulite Brand Ultralite Grade Series, encapsulated lens retro-reflective sheeting signs; c equal.
If any component in the traffic control system is displaced, or ceases to operate or function s specified, from any cause, during the progress of the Work, the Contractor shall immediate1 repair said component to its original condition or replace said component and shall restore th component to its original location.
When lane closures are made for work periods only at the end of each work period, a components of the traffic control system, except portable delineators placed along ope trenches or excavation adjacent to the traveled way, shall be removed from the traveled wa and shoulder. If the Contractor so elects, said components may be stored at selected centr: locations, qpixwed acceDted by the Engineer, within the limits of the right-of-way.
Traffic control plans shall include the deliverv of fuels and lubricants to the site.
Traffic control plans shall be submitted within 45 daw of NTP to the Engineer for review an acceptance.
The contract lump sum price paid for traffic control system shall include full compensation fc furnishing all labor (including flagging costs), materials (including signs), tools, equipment an incidentals, and for doing all the Work involved in placing, removing, storing, maintainin1 moving to new locations, replacing, and disposing of the components of the traffic contrt system as shown on the plans, and as specified in these special provisions, and as directed k the Engineer. Flagging costs will be paid for as a part of the lump sum price paid for traff control system. Progress payment for "traffic control system" will be based on the percentag of the improvement work completed.
7-10.3.4
During traffic stripe operations, traffic shall be controlled with lane closures, as provided fc under "Traffic Control System For Lane Closure" of these special provisions, or by use of s alternate traffic control plan proposed by the Contractor and approved by the City of Carlsbad
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The Contractor shall not start traffic striping operations using an alternate plan until the pla
has received the Engineer’s written approval.
Full compensation for providing traffic control, for applying, maintaining and removini
temporary traffic stripes and pavement markers shall be considered as included in the contrac
lump sum price paid for traffic control system and no separate payment will be made therefor
7-10.3.5 Temporary Pavement Delineation
Temporary pavement delineation shall be furnished, placed, maintained and removed ii
accordance with the minimum standards specified in Chapter 5 of the Traffic Manual publishec
by the California Department of Transportation.
General: Whenever the Work causes obliteration of pavement delineation, temporary o
permanent pavement delineation shall be in place prior to opening the traveled way to publit
traffic. Lane line or centerline pavement delineation shall be provided at all times for travelec
ways open to public traffic.
All work necessary, including any required lines or marks, to establish the alignment c
temporary pavement delineation shall be performed by the Contractor. When temporT
pavement delineation is removed, all lines and marks used to establish the alignment of th
temporary pavement delineation shall be removed by abrasive blasting or other methods, in
manner that will not leave phantom lines on the pavement.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loo:
material. Temporary pavement delineation shall not be applied over existing pavemer
delineation or other temporary pavement delineation. Temporary pavement delineation sha
be maintained until superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, required by the Engineer.
Full compensation for placing, maintaining, moving and removing temporary pavemei
delineation will be considered as included in the lump sum price paid for traffic control systei
and no separate payment will be made therefor.
7-10.4 Public Safetv
To Section 7-10.4, Public Safety, add:
7-10.4.4
The Contractor shall take all necessary precautions for the safety of employees on the WOI
and shall comply with all applicable provisions of Federal, State and Municipal safety laws ar
building codes to prevent accidents or injury to persons on, about, or adjacent to the premisi
where the work is being performed. He/she shall erect and properly maintain at all time,
required by the conditions and progress of the work, all necessary safeguards for the protectic
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of workers and public, and shall use danger signs warning against hazards created by suc€
features of construction as protruding nails, hoists, well holes, and falling materials.
7-10.5 Accident Prevention and First Aid Plan
The Contractor shall submit an Accident Prevention and First Aid Plan to the Engineer 30 day
prior to commencement of construction. The plan must be site specific; general corporatc
policies alone will not be acceptable. The plan must include at least the following criteria:
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A weekly safety meeting for all site employees. The minutes of the meeting and thl
attendance sign-in sheet must be attached to the daily report for the day the meetin!
occurs.
2. Accident report procedures. 0 3. Accident emergency response procedures.
4.
5.
Availability of first aid kit and replenishment procedure.
List of flammablehombustible, hazardous and toxic materials stored and used on th
site. Give safeguards and precautions in the storage and use of the materials.
Material Safety Data Sheet for each hazardous substance delivered to the project sitr
Procedure for recording and correcting safety deficiencies.
Key personnel responsible for safety and their qualifications.
First aid training for key personnel.
6.
7.
8.
9.
7-10.6 Emergency ResRonse Plan
The Contractor shall submit an Emergency Response Plan to the Engineer 30 days prior t
commencement of construction. The plan must include: I 1. A site description and evaluation.
2. Assessment and risk analysis.
3. Emergency equipment available.
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A. Medical
B. Clean Up
C. Other
s ) 4. Site control measures.
1-32 1
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6.
Personnel/agency notification and response matrix with phone numbers and availabilie
Emergency response scenario. (At least one, for example "a fuel oil spill".)
7-13 LAWS TO BE OBSERVED
To Section 7-13, Laws to be Observed, add:
Municipal ordinances which affect this work include Chapter 1 1.06. Excavation and Gradin;
If this notice specifies locations or possible materials, such as borrow pits or gravel beds, f;
use in the proposed construction project which would be subject to Section 1601 or Sectic
1603 of the Fish and Game Code, such conditions or modifications established pursuant
Section 1601 of the Fish and Game Code shall become conditions of the contract.
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7-15 Obstructions
Attention is directed to Section 5, Utilities of the Standard Specifications and these speci,
provisions.
The Contractor's attention is directed to the existence of certain underground facilities that m;
require special precautions be taken by the Contractor to protect the health, safety and welfsll
of workmen and of the public. Facilities requiring special precautions include, but are n
limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gase
natural gas in pipelines greater than 6 inches in diameter or pipelines operating at pressurt
greater than 60 psi (gage); underground electric supply system conductors or cables, wi
potential to ground of more than 300 volts, either directly buried or in duct or conduit whic
do not have concentric grounded conductors or other effectively grounded metal shields ( I sheaths.
The Contractor shall notify the Engineer and the appropriate regional notification center f;
operators of subsurface installations at least 2 working days, but not more than 14 calend
days, prior to performing any excavation or other work close to any underground pipelin
conduit, ducts, wire or other structure. Regional notification centers include but are not limit€
to the following:
Notification Center Telephone
Underground Service
Alert-Northern California
(USA) 1-800-642-2444
Underground Service
Alert-Southern California
(USA) 1-800-422-4133 t 1-33 e
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South Shore Utility
Coordinating Council
(DIGS) 1-800-541-3447
Western Utilities
Underground Alert, Inc. 1-800-424-3447
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The Contractor shall assume complete responsibility for determining the maximum height
equipment that can safely pass under the overhead electric power and communication lines a
shall make all required adjustments to suit the safe clearances.
The following utility facilities will be relocated during the progress of the contract. TI
Contractor shall notify the Engineer in writing prior to doing any work in the vicinity of tl
facility.
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Utility Location
4" Gas, San Diego
Gas & Electric
West Carlsbad
Boulevard Roadway and Bridge ar
Beach Area
West Carlsbad
Boulevard Roadway and Bridge
12" Gas, The Gas
Company, Southern * California Gas Company
14" and 24" (2),
sewer, Leucadia
Co. Water District
Telephone West Carlsbad
East Carlsbad
Boulevard Roadway and Bridge
Boulevard Roadway and Bridge
and Beach Area
7-16 CONTRACTOR QUALITY CONTROL (COC) PROGRAM
The Contractor must submit a Contractor Quality Control Plan within 30 days of NTP that w
contain as a minimum the following criteria:
7- 16.1 Obi ective
The CQC Plan is the means of assuring that all items of work are in conformance with tl
contract drawings and specifications, and describes the Contractor's inspection and te
procedures. 1 1-34 I
7-16.2 Organization
The Quality Control Representative will implement the Contractor Quality Control Progran
and resolve quality matters as required.
The Quality Control Representative will be responsible for scheduling and coordinating test:
with the Engineer and subcontractors as required. The Quality Control Remesentative’s 4&ep%
responsibility will include:
1. Implement and maintain the CQC Program to assure conformance that the worE
performed is to the contract drawings and specifications and referenced qualio
standards.
Review and approve the submittal for technical data attesting to the quality of material:
and equipment.
Review all daily reports and ensure that they are accurate, timely, properly distribute(
and kept current.
Monitor the performance of the workforce staff.
Act as liaison between the Engineer, his field representatives and the Contractor’
workforce to ensure the quality requirements are achieved.
Establish and maintain a drawing register and document control system to ensure tha
only the latest revisions of drawings and specifications are used.
Review and approve material requisitions and resultant purchase orders for materials equipment and services to be incorporated into the work to ensure the applicabli technical and quality requirements are included or referenced.
Maintain, control and supervise the submittal procedure.
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4.
5.
6.
7.
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8.
Personnel will be assigned, or designated, by each subcontractor to perform inspections an(
control the quality of the work as required. These personnel will be other than thos
performing the work being inspected. Qualifications of all quality control personnel must b
included in the CQC Plan. Quality Control Personnel may be designated from positions suc
as the Project Engineer, Project Superintendent, nonworking foreman or specific quality contrc
representative q. Quality control representation must be continually available to overse
field operations.
7-16.3 Document Control
The Quality Control Representative will establish a document control station at the job-site fi
the receipt and issue of instructions, procedures and drawings, such as contract drawings ar
specifications, installation drawings and specifications, fabrication drawings. Changes to the! documents shall be controlled in the same manner. These shall be accessible to the Enginee
7-16.4 Control of Special Processes
Special processes used by the Contractor, subcontractors and suopliers, such as welding. he treating, hydrostatic testinp. nondestructive examination and material testing shall 1 accomplished by Qualified personnel using approved written Drocedures prepared in accordanc 0
1-35
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with the contract drawings and specifications and the referenced codes and standards. Th Quality Control Representative will ensure the procedure to be used for the special process, a
well as the qualification records of personnel to perform the special process.
7-16.5 Nonconformance ReDort
A Nonconformance Report will be prepared bv the OC Reuresentative for evaluation an
disposition for all work not meeting the contract specifications. The dispositionec
Nonconformance ReDort will be transmitted to the supervisor responsible for correcting th
nonconforming item. "Reworked" items will be re-examined by the OC Representative fc
conformance to the original acceptance criteria.
7-16.6 Nonconformance Log
The OC Representative will maintain a "Noncompliance Log" of work that does not compl with contract requirements. stating what is "not complying": the date the noncomplying wor was discovered: and the date the noncompliance was corrected. The QC Representative sha
coordinate this record with the Engineer on a weekly basis.
7-16.7 Correction of Nonconforming Work
Correction of nonconforming work will be accomplished in accordance with the Proiec
Manager and the Engineer who will jointly review and accept the correction procedures of a
deficient work to assure they are corrected in an acceptable manner. This ioint review sha'
be recorded on the appropriate Contract Quality Control form documenting the deficient wor
le. g. Nonconformance Report, Test Report). Correcting of deficient or nonconforming wor
will be monitored by the QC Representative and verified that the deficient or nonconformin
work has been corrected: corrective action has been taken to prevent recurrence: and wi
record when the corrective action was completed. Significant conditions adverse to quality wi be reviewed by the OC Representative to determine the cause and to formulate a correctiv
action that will preclude recurrence. The significant condition, its cause and corrective actio
planned, shall be reported to the supervisor of the item of work. Final acceptance of tk
nonconforming work will be by the Engineer.
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1
w PHASE MEETINGS
The Contractor will demonstrate his understanding of the contract requirements for each ne7
construction activity (phases of work) that is about to be performed, prior to the start of eac
activity. This will be shown in a preconstruction phase meeting. These meetings are als
intended to help improve the quality of construction, coordinate with other phases of work an
review safety criteria. The Contractor’s Quality Control Representative will conduct th
meeting.
The phase meeting must be scheduled at least 24 hours before work is to begin on the phas
of work. The Contractor must give the Engineer two (2) days notice of the actual date of th
meeting. The Engineer will set the time of the meetings in coordination with the agenciei
contractor and inspectors to be present. The Contractor’s superintendents, shift foreman, safet
supervisor and subcontractor’s representatives who are involved with the work must be preser
at the phase meeting.
The Contractor must submit a list of phase meetings and preliminary scheduled dates for tk
phase meetings 30 days after NTP. The meeting will be included in the CPM as a predecessc
activity for the work. The Contractor should review the list of phase meetings with tE
Engineer at or prior to the Preconstruction Meeting.
As a guideline, a phase meeting should be conducted before each nonadministrative bid ite1
is started. In addition, it would be helpful to have a phase meeting before new subcontractor
begin work. For example, the fencing contractor or the landscape contractor.
The phase meeting must include:
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A list of required submittal for the phase of work and status of those submittal will 1
prepared by the Contractor for the meeting to verify that all submittal requirements hat
been reviewed and accepted by the Engineer.
Verify that all permit requirements are met. Permit requirements must be listed an
reviewed by the Contractor at the phase meeting.
Review plans and specifications for the work to be performed.
Submit and review the activity hazardous safety analysis for the time of work to 1
performed.
Review the Emergency Response Plan for the work to be performed.
2.
3.
4.
5. I 6. If impacted, discuss the maintenance of traffic.
7. Discuss coordination with agencies and other contractors. b 1-36 I
March 17, 1994 e
ADDENDUM NO. 2: CONTRACT NO. 3429
BATIOUITOS LAGOON ENHANCEMENT PROJECT
1. CLARIFICATION: Reference Addendum No. 1, substitute Appendix G,
regarding the Contractor's requirement to provide a Faithful Performance
Bond and a Labor and Materials Bond to North San Diego County Transit
Development Board. Contractor shall provide said bond(s) only in the value
of the work to be performed related to the railroad bridge and all other work
performed within the railroad's right-of-way.
The enclosed drawings, sheets 43 and 78, shall be substituted for the
corresponding drawings in the project plan set.
Reference Appendix H: State of California Department of Transportation
Permit.
The enclosed permit shall be included as Appendix H in the contract
documents. Contractor shall perform, complete, and otherwise comply with
all requirements, submittals, and fees as stated therein. No additional
compensation shall be allowed therefor.
Bedding stone as indicated on sheets 72, 73, 74, 76, 78, and 79 shall
conform to the specification as listed in the Standard Specifications for Public
Works Construction, "Green Book", Section 200-1.2 Crushed Rock, one-inch
gradation.
Reference to Page 1-37, Section 8-2.1 regarding the requirement to compact
and spread aggregate base material on the cleared site. Change the
requirement from 20" of aggregate base material in sub-paragraph 1, line 2,
to read: "....a containment area, compacted and spread with 5" of aggregate
bas e mater i a I. "
Reference Addendum No. 1, substituted page 1-15a, first full paragraph,
change line 2 to read: "....emplovees are +& bound bv the terms of this
agreement or obligated to make any oavment ...."
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SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 0
Modify Section 8 of Standard Specifications as follows:
- 8-2 FIELD OFFICE FACILITIES
8-2.1 Class "A" Field Office
Modi@ Section 8-2.1, Class "A" Field Office, as follows:
Field office shall have a 24" x 36 sign, white in color, affixed near the door. The sign text shall read,
CITY OF CARLSBAD AND PORT OF LOS ANGELES
BATIQUITOS LAGOON ENHANCEMENT PROJECT
FIELD OFFICE
and shall have City and Port seals affixed to it. Contractor will be supplied the seals by the City and
Port.
The Contractor shall provide the foIlowing for the work area designated by the Engineer at the end
of Batiquitos Lane. The site plan and office space floor plans shall be submitted to the Engineer
within 7 days of NTP. The site plan shall include the Contractor's work and fuel and lubricant
storage area and facilities. The facility shall be constructed and operational (utilities included) within
40 calendar days of NTP. Allow 5 calendar days for review and acceptance of plans.
1.
*
Site to be cleared and grubbed with offsite disposal of debris, rough graded and drained to
a containment area, compacted and spread with 20 of aggregate base material.
Security fence the entire yard perimeter with locking gate(s) and night security lighting.
Installation of 1 large sized commercial trash bin with cover and regularly scheduled pickup.
Installation of required utilities to on site office facilities including 6 telephone lines, electric
power, water and sanitary provisions (either in storage/pump facility or hook up to sanitary
sewer). Contractor will pay monthly cost of maintaining all utilities except telephone.
Installation of 10 designated public parking spaces for visitors.
Installation of an appropriate number of designed parking spaces for the construction
manager, inspectors, general contractor's workers, materials suppliers, subcontractors, and
other support personnel.
Installation of 1 outdoor pay public telephone.
2.
3.
4.
5.
6.
7.
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A. Installation of one (1) 500 square foot office facility with required utility
hookups. Facility shall have one (1) interior partition with locking door.
The facility's door and window locations and layout shall be approved
by the Engineer in advance of delivery. Facility shall include exterior
handicap ramp(s) in accordance with appropriate local and State of
California Building Codes. Contractor shall pay monthly rental fees.
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B. Facility interior shall include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
One (1) telephone and telephone line. Contractor shall pay all
monthly utility, use, and service costs.
Interior facility lighting shall be capable of dimmer control.
Two (2) locking metal cabinets approximately 2l-3' x 4' x 6'.
Facility floor shall be low-pile carpet, color to be selected by
Engineer.
Pin-receptive wall covering(s), color to be selected by Engineer.
Window and glass door mini-blinds, color to be selected by
Engineer.
Three (3) each 8' x 4' folding conference tables.
35 metal stacking chairs, fabric seats and backs, color to be
selected by Engineer.
Wood or metal framed, glass fronted display case, wall mounted,
Security alarm system. Contractor shall pay all installation, use,
and monthly service costs.
C. Facility exterior shall include:
Mounted wall sign, 4' x 6', wording and decals to be provided by
Engineer.
Two (2) wood picnic tables with benches.
Four (4) 40-50 gallon trash containers.
Exterior mounted utility sink, cold water only, with hose bib.
1l-2' X 6' X 6'. e
1.
2.
3.
4.
9. Reference to Page 71 of the project drawings. The smaller of the two (2)
displayed contractor's work areas, located immediately east of Batiquitos
Lane totalling approximately 1.5 acres, shall be reserved solely for Contractor
to locate all or a portion of the facilities specified in Section 8-2.1.
Contractor shall not utilize this area.for any portion of his construction and/or
support operation for the duration of the project. This area shall be cleared,
graded, and prepared for installation of office facilities, identified in this
Section, in accordance with the provisions of Section 8-2.1.
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8. Installation of one 1400 sq ft office facility with required utility hook ups. The facilii
will have partitions creating 11 rooms including 2 rest rooms and cleanup are
Contractor will pay monthly rental fees.
Installation of one 500 sq ft office facility with required utility hook ups. The facilii
will have 1 rest room and partitions creating 3 interior rooms. Contractor will p:
monthly rental fees.
9.
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10. Furnishings will include:
4 double pedestal desks
4 desk chairs
1 5’ x 12’ conference table
16 stacking metal chairs
1 drafting layout table
1 drafting height chair
20 new plastic hard hats
4 four drawer letter size locking file cabinets
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1 1. Cellular Telephone for continuous communication link between Engineer ar
Contractor’s Project Manager.
SECTION 9 - MEASUREMENT AND PAYMENT
Modify Section 9 of Standard Specifications as follows: I - 9-2 LUMP SUM WORK
To Section 9-2, Lump Sum Work, add:
The Contractor must submit a lump sum breakdown for each bid item that is not unit price1
Work progress will be paid according to the agreed breakdown of each lump sum bid iter
The lump sum breakdown must be submitted to the Engineer for review and acceptance befo
the first progress payment request can be accepted. 0 - 9-3 PAYMENT
9-3.2 Partial & Final Payment
Modify Section 9-3.2, Partial & Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount
retention.
1-38
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9-3.4 Mobilization
To Section 9-3.4, Mobilization, add:
9-3.4.1
Payment for mobilization and preparatory Work, and demobilization will be made at the lum~
sum price bid in the schedule. The contract lump sum price paid for mobilization an
preparatory work, and demobilization shall not exceed 10 percent of the total bid amount ar
will include full compensation for hishing all labor, materials, tools, equipment ar
incidentals, and for doing all the work involved in mobilization, preparatory Work ar
operations, including, but not limited to, those necessary for the movement of personne
equipment, supplies, and incidentals to the project site; coordination with the West and Ea
Carlsbad Boulevard Bridge contractors and utility companies, launching ramp facilities, fie1
office, buildings and other facilities necessary for work on the project and for all other WOI
and operations which must be performed or costs incurred prior to beginning work on varioi
contract items on the project site.
The Contractor shall submit a breakdown of mobilization and preparatory work, ar
demobilization as basis for progress payments when specific items are completed. Th
breakdown must include at least 25% for demobilization activities occurring at the end t
construction. This portion of the bid item will be paid only when all listed demobilizatio
activities are complete.
Mobilization and Preparatory Work, and Demobilization
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based on exioting survey data.
9. Modify page 6, quantities for bid iterne 7, 8, and 51
Item 7 - 90 acram Stem 8 = 220 acre8 Item 9 - 15 har.6
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such that:
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PART 2. SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
FOR CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
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Modify Section 200 of Standard Specifications as follows: 1 200-1 ROCK PRODUCTS
200-1.3 Gravel
To Subsection 200- 1.3, Gravel, add:
Gravel fill for Articulated Concrete Block Mat installation shall conform to the provisions i
Subsection 200-1.3, Gravel, of the Standard Specifications. Gradation of gravel shall conforr
to the provisions in Subsection 200-1.4, Coarse Aggregate for Portland Cement Concrete, fc J Gradation No. 4.
Gravel fill for permanent access roads shall conform to the provisions in Subsection 200-1.:
Gravel, of the Standard Specifications. Gradation of gravel shall conform to the provisions i
Subsection 200-1.4, Coarse Aggregate for Portland Cement Concrete, for Gradation No. 3.
Contractor shall submit samples of gravel material to Engineer for review and acceptance.
200-1.5 Sand
Modify Subsection 200-1 S, Sand, as follows:
Sand fill for nesting site W-l(by others) shall be obtained offsite and conform to the provision
in Subsection 200-1.5 Sand, of the Standard Specifications. Gradation of sand shall confon
to the provisions in Subsection 200-1.5.5, Sand Gradations for Portland Cement Concrete. Se
Subsection 300- 12.4.2, Surface Material, of these special provisions.
Contractor shall submit sample of sand for nesting site W-1 (by others) to Engineer for revie7
and acceptance.
Add the followinp section:
200-2.7 ROCWSTONE PROTECTION MATERIALS
200-2.7.1 General
The quality of rock protection materials shall conform to the provisions in Subsection 200-1 .I
Stone for riprap, except that the apparent specific gravity, as determined by ASTM C127, sha
not be less than 2.6. Only quarry stone shall be used.
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The Contractor shall submit to the Engineer for review and acceptance, prior to the shipmen
of rock, the methods and sequence planned to be used in rock placement.
Prior to the commencement of the Work, the Contractor shall submit test samples of rock fo
testing and acceptance by the Engineer. These samples shall be representative of the rock tc
be furnished and shall contain a sufficient quantity of individual pieces to permit checking o
gradation, but in no case shall the total sample be less than 200 pounds.
The sources of material selected by the Contractor shall be accepted by the Engineer. Th
Contractor shall certify that the stone is submitted from the accepted source. The Engineer ma
order the following tests to be performed by a testing laboratory selected by the Engineer.
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I Tests
Description, petrographic examination, and chemical composition.
Test for Specific Gravity and Absorption per ASTM C127.
Test for Resistance to Abrasion and general durability per ASTM C 13 1.
Test for soundness as per ASTM C88.
Any other tests as may be considered necessary to demonstrate to the Engineer that tk
material is acceptable for use in the Work. Once the source(s) are approved, the Contractc
shall not use material from another source without repeating the acceptance and test procedurc
to qualify the other source(s).
Stone Quality
Stone shall meet the requirements set forth when tested in accordance with the methoc
specified.
Stone shall meet the following test requirements.
1
Test Test Method Requirement -
Specific Gravity (Bulk SSD) ASTM C127 (2.6) minimum
Absorption ASTM C127 (2.0%) maximum
Wetting and Drying SPD Test Procedure(') No fracturing(3)
Sulfate Soundness ASTM C88(2' (10%) max. loss('
Abrasion Loss ASTM C131 (45%) max. loss
In addition to the above tests, the stone shall be subjected to a petrographic and X-r
diffraction analysis in accordance with ASTM C295. The stone must not contain a: 1 expansive clays.
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NOTE: (1): Test procedure for wetting and drying test. The entire sample should be largi
enough to produce two cut slabs, 1 inch thick (+/-1/4 inch) with a minimum surface area o
30 square inches on one side. Two chunks approximately three by four inches are also chosen
The slabs and chunks are carehlly examined under a low-power microscope and all visiblt
surface features are noted and recorded. The specimens are then oven dried at 140 degrees F
for eight hours, cooled and weighed to the nearest tenth of a gram. The test specimens ar
photographed to show all surface features before the test. The chunks and slabs are the
subjected to fifteen cycles of wetting and drying. One slab and one chunk are soaked in fres
tap water, the other slab and chunk are soaked in salt water prepared in accordance with ASTh
(21141. Each cycle consists of soaking for sixteen hours at room temperature and then dryin<
in an oven for eight hours at 140 degrees F. After each cycle the specimens are examined wit
the low-power microscope to check for opening or movement of fractures, flaking along edges
swelling of clays, softening of rock surfaces, heaving of micaceous minerals, breakdown c
matrix material and any other evidence of weakness developing in the rock. The cycle i
which any of these actions occurs is recorded. After fifteen cycles, the slabs and chunks ar
again carefully examined and all changes in the rocks are noted and recorded. The te!
specimens together will all particles broken off during the test are oven dried, weighed an
photographed.
NOTE: (2): The test shall be made on 50 particles each weighing 100 grams, +/-25 grams, i
lieu of the gradation given in ASTM C88.
NOTE: (3): Weakening and loss of individual surface particles is permissible unless bondin
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 th
Contractor demonstrates that the stone has a satisfactory service record.
Reiection of Stone
All delivered stone will be subject to on-site random sampling and testing. Stone which doc
not conform in specific gravity, structure, and other characteristics will be rejected. Tk
presence of unsatisfactory rock or objectionable foreign material in any load of rock delivere
for use in the Work will be deemed sufficient reason for rejection of the whole load of roc1
Any such load of rock shall be immediately removed from the Work at the Contractor'
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Stone Acceptance
Prior to placement, all stone shall be subject to on site random sampling and testing fc
acceptance by the Engineer. Acceptance of any stone shall not constitute acceptance of E
stone from a source. All accepted stone shall be:
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were taken as a basis for authorization of the source;
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b. sound, durable and hard, and free from laminations, weak cleavages, undesirabl
weathering, or blasting or handling-induced fractures (or fracture zones which subten
more than 1/3 of the 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 tl
conditions of handling and placing;
clean and free from earth, clay, .refuse, or adherent coatings; and
angular quarried material with a shape which assures interlocking with adjacent ston
and with the greatest dimension of each piece not greater than 3 times the lea
dimension.
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I 200-2.7.2 40 Pound Stone
40 pound stone shall conform to the following gradation:
SIZE PERCENT LARGER THAN
12" 0-10
9 I! 15-25
6 'I 30-50
3 I' 60- 1 00
No. 4 sieve 100
@ 200-2.7.3 80 Pound Stone
80 pound stone shall conform to the following gradation:
WEIGHT PERCENT LARGER THAN
200 lb 0-5
100 lb 50-100
50 lb 65- 100
251b 95- 100
200-2.7.4 200 Pound Stone
200 pound stone shall conform to the following gradation: I
WEIGHT PERCENT LARGER THAN
300 lb 0-5
50-100 100 lb 65-100
50 lb 95-1 00
200 lb
200-2.7.5 400 Pound Stone
400 pound stone shall conform to the following gradation: f 2-4 1
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I WEIGHT PERCENT LARGER THAN
500 lb 0-5
400 Ib 50- 100
300 Ib 65- 100
200 Ib 95- 100
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200-2.7.6 One Ton Stone
One ton stone shall conform to the following gradation:
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WEIGHT PERCENT LARGER THAN
3000 Ib 0-5
2000 lb 50- 100
1000 lb 95-100
200-2.7.7 2 Ton Armor Stone
2 ton armor stone shall conform to the following gradation:
WEIGHT PERCENT LARGERTHAN
5000 lb 0-5
4000 Ib 50- 100
3000 lb 95- 100
a 200-2.7.8 4 Ton Armor Stone
4 ton armor stone shall conform to the following gradation:
WEIGHT PERCENTLARGERTHAN
10,000 lb 0-5
8,000 lb 50- 100
6,000 lb 95- 100
200-2.7.9 8 Ton Armor Stone
8 ton armor stone shall conform to the following gradation: E
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WEIGHT PERCENT LARGER THAN
18,000 lb 0-5
16,000 lb 50- 100
10,000 lb 95- 100
200-2.7.10 10 Ton Armor Stone
Ten ton armor stone shall conform to the following gradation:
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WEIGHT PERCENT LARGER THAN
24,000 lb 0-5
20,000 lb 50-100
10,000 lb 95-100
SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS
Modify Section 201of Standard Specifications as follows:
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
To Subsection 20 1- 1.1, Requirements, add:
Portland cement shall conform to the provisions in Subsection 20 1-1, Portland Cemer
Concrete, of the Standard Specifications and these special provisions.
Concrete Class shall conform to the following: I Construction Tyue Class Optional Clas:
Concrete Seal on Jetties * 650-C-4000(a) 66O-C-4OOOP(a)
Culvert Headwalls and Pipe Encasement * 650-B-4000 660-C-4OOOP c (a) Include polypropylene fibers and silica fume in the mix design.
* Indicates structural concrete.
201-1.2 Materials
To Subsection 20 1 - 1.2, Materials, add:
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All Portland cement used for the culvert headwalls and pipe encasement shall be ASTM C15C
Type 11, low alkali. All Portland cement used for the concrete seal on jetties shall be ASTR C150, Type V. All Portland cement shall be the same brand and type, and the product of th
same mill.
201-2 STEEL REINFORCEMENT FOR CONCRETE
201-2.2 Reinforcing Steel
To Subsection 201-2.2, Reinforcing Steel, add:
Unless otherwise indicated bar reinforcing steel shall conform to the provisions in ASTM A61
for Grade 60, deformed.
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SECTION 202 - MASONRY MATERIALS 0 Modify Section 202 of Standard Specifications as follows:
Add the following section:
202-3 ARTICULATED CONCRETE BLOCK MAT
202-3.1 General
Articulated Concrete Block Mats (ABM) shall be premanufactured as an assembly of concret
blocks, with specific hydraulic capacities, bound into mats by cables.
The exposed surface of the blocks shall have a rough, coarse sand mold type surface. Th
blocks shall be colored to match the natural material in the area where the ABM is to E
placed. The Contractor shall submit four (4) sample blocks of each proposed color and finis
to the Engineer for review and acceptance. Contractor shall obtain written acceptance pric
to starting manufacturing.
Individual blocks in the ABM shall be staggered and interlocked for enhanced stability. Th
mats shall be constructed of closed cell blocks. Parallel strands of cable shall extend throug
2 ducts in each block to provide longitudinal binding of the blocks within the mats. Each ro'
of blocks shall be laterally offset by one-half width from the adjacent row so that any give
block is cabled to 4 other blocks (two in the row above and two in the row below).
The gross area of each individual block in direct contract with the protected subgrade shall k
no less than one square foot. Each block shall incorporate interlocking surfaces that prever
lateral displacement of the blocks within the mats when they are lifted by the longitudin: cables. The interlocking surfaces must not protrude beyond the perimeter of the blocks 1
reduce the articulation capability of the mats or become damaged when the mats are lifte
during shipment or placement. Once the mats are in place, the interlocking surfaces sha
prevent the lateral displacement of the blocks even if the cables should become damaged (
removed. They must be able to flex a minimum of 25" between any given row or column (
blocks in the uplift direction and a minimum of 45" in the downward direction.
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The cables shall be inserted into the mats to form lifting loops at one end of the mat with th
corresponding cable ends spliced together to form a lifting loop at the other end of the mat
The ABM shall be placed on a geotextile material specified in Subsection 213-3, Geotextiles
Stone Construction and ABM Slope Protection, of these special provisions.
202-3.2 Certification
All ABM will only be accepted when accompanied by documentation of hydraulic performanc
characteristics, derived from tests under controlled flow conditions. Test conditions shoul
conform to U.S. Federal Highway Administration and U.S. bureau of Reclamation Testin
Protocol as documented in "Hydraulic Stability of Articulated Concrete Block Revetmeo
Systems During Overtopping Flow," Report No. FHWA-RD-89- 199.
202-3.3 Materials
202-3.3.1 Cementitious Materials
Portland Cements - ASTM C150
Blended Cements - ASTM C595
Hydrated Lime Types - ASTM C207
Pozzolans - ASTM C618, for Fly Ash and Raw or Calcined Natural Pozzolans for use i
Portland Cement Concrete.
Aggregates - ASTM C33, except that grading requirements shall not necessarily apply.
202-3.3.2 CabIe and Fittings
Revetment cable shall be constructed of high tenacity. low elongating, continuous filamen
polvester fibers. Cable shall consist of a core construction comprised of Darallel fiber
contained within an outer jacket or cover. The weight of the Darallel core shall be betweex
65% to 70% of the total weight of the cable. The revetment cable shall have the followin1
physical characteristics:
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Nominal Apurox. Avg. WeightI100 Feet 0 Cable Diam. Circum. Strength, Lbs. Min. Lbs. Max Lbs.
- 114" 20mm 3.700 - 2.47 2.74
5/16" 27mm 7,000 - 3.99 4.42 - 318" 30mm 10.000 - 4.75 5.26 - 1/2" 40 mm 15.000 - 8.93 9.90
The revetment cable shall exhibit good to excellent resistance to most concentrated acid
alkalis and solvents. Cable shall be impervious to rot. mildew and degradation associated wi1
marine organisms. The materials used in the construction of the cable shall not be affected b
continuous immersion in fresh or salt water.
Selection of cable and fittings shall be made in a manner that insures a safe design factor fc
mats being lifted from both ends, thereby forming a catenarv. Consideration shall be taken fc
the bending of the cables around hooks or pins during lifting. Revetment cable splicing fitting
shall be selected so that the resultant splice shall provide a minimum of 60% of the minimur
rated cable strength. Fittings such as sleeves and stops shall be aluminum and washers sha
be galvanized steel unless otherwise shown on the Contract Drawings.
0
1 1QfI i 7nn 30 39 7'"" U!B" 2 7' 7# /3 "5
4/?" /- ")I 1nn "V In r 11 0
2 loft 12 xn 92 L 9A 3
T52 cc
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202-3.3.3 Geotextiles
Geotextiles are specified in Subsection 213-3, Geotextiles - Stone Construction and ABM Slop
Protection, of these special provisions.
202-3.4 Physical Requirements
At the time of delivery to the work site, the manufacturer shall certify that the masonry unii
conform to the physical requirements listed below:
Compressive Strength Water Absorption
Net Area Max. LB/FT3
Min. psi (Mpa) (KgM3)
Avg. of 3 units Individual Unit Avn. of 3 units Individual Unit
4,000 (27.6) 3,500 (24.1) 10 (16) 12 (18.2)
The manufacturer shall satisfy the purchaser by proven field performance that the concretc
units have adequate durability even if they are to be subjected to a freeze-thaw environment
Sample and test units in accordance with ASTM Methods C140, Sampling and Testini
Concrete Masonry Units.
202-3.5 Visual InsDection
All units shall be sound and free of defects that would interfere with the proper placing of thi
unit or impair the strength or permanence of the construction. Surface cracks incidental to the
usual methods of manufacture or surface chipping resulting from customary methods 01
handling in shipment and delivery, shall not be deemed grounds of rejection.
Cracks exceeding 0.25 inches in width and/or 1/9 inch in depth shall be deemed grounds foi
rejection.
Chipping resulting in a weight loss exceeding 10% of the average weight of the blocks shal;
be deemed grounds for rejection.
Blocks rejected prior to delivery from the point of manufacture shall be replaced at thc
manufacturer’s expense.
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202-3.6 SamplinP and Testing
The Engineer shall be accorded proper access to facilities to inspect and sample the units
the place of manufacture from lots ready for delivery.
Additional testing, other than that provided by the manufacturer, shall be borne by tl
purchaser.
202-3.7 Source
Concrete blocks shall be ARMORFLEX, Closed cell, Block Class 85, as manufactured an
sold by:
NICOLON CORPORATION Distributed by:
3500 Parkway Lane, Suite 500
Norcross, Georgia 30092 P.O. Box 441
Phone: (404) 447-6272 Rancho Santa Fe, CA 92067
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GEOPRODUCTS COMPANY
Fax: (404) 662-5819 (619) 756-3050
202-3.8 Gravel
Gravel is specified in Subsection 200-1.3, Gravel, of these special provisions.
SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES
Modify Section 204 of Standard Specifications as follows:
Add the following section: 8 204-3 MODIFICATIONS TO AND AT AT&SF RAILROAD BRIDGERRESTLE
204-3.1 General
Materials for making modifications to the AT&SF Railroad bridgekrestle shall conform to th
provisions in the American Railway Engineering Association (AREA) manual, Volume
Chapter 7, Timber Structures. Materials not specified in the AREA manual shall be s
indicated on the Plans and specified in the Standard Specifications. U SECTION 205 - PILES
Modify Section 205 of Standard Specifications as follows:
Add the following section: Ii 205-1.4 Pile and Timber Protective Covering:
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205-1.4.1 General
Protective covering on pile timber members and utility poles shall consist of the materia
specified in these special provisions and indicated on the Plans.
205-1.4.2 Polvethvlene WraD
Polyethylene sheeting shall be formulated to provide maximum resistance to long-ten
exposure to marine organisms, rot, and decay of timber piles. The sheeting shall be black
color smooth, and free of wrinkles, pinholes and other irregularities. The polyethylene sheetir
shall be Resin Virgin polyethylene no reprocessed resin, that meets the following requirement
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Test Method ProDerty Value
Thickness 20 mils ASTM D2103, Para 7.9
Density 0.917 - 0.931ASTM Dl505 111 Carbon Black 2.0% minimum
Free shrink MD 15-20% Fed. Spec. 8 Td-0-7%L-P-378
Coefficient of 0.4 to 0.6 ASTM Dl894
friction, U,
Heat sealing Normal
properties
Melt index,
minutes
Tensile MD 1400 min.ASTM D882
strength psi TD 1500 min.
MD 300 min. ASTM D882 Elongation, percent TD 300 min.
Roll width, 5.5 center fold
ft.
Roll length, 150 + 5-0
ft.
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205-1.4.3 Polyethylene Covers vr\ v,
Polyethylene covers shall be extruded tubular black polyethylene Dipe formulated to Drovid
maximum resistance to long-term exposure to marine organisms, rot and decay of timber pile
that meets the following reauirements.
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ASTM TEST PROPERTY VALUE METHOD
Wall Thickness 0.15 inches (min.1 D 2103. Para 7.9
Density, 230C .954 dcc D 1505
Tensile Strength at Yield. 730F 3300 psi D 638
Secant Flexural Modulus, 730F 175,000 psi D 3350
D 638 Ultimate Elongation. 730F >700%
Long Term Hydrostatic Strength 730F >1450 psi D 2837
Environmental Stress Crack
Resistance >loo0 hrs D 1693
ImDact Brittleness Temperature <-1800F D 746
Melt Flow, Condition F <9 gm/lOmin D 1238
Thermal Expansion Coefficient
(in/inoF)
Temperature Range, OF
15 to 85
150 to 200
7.2 x 10-5
9.5 x 10-~
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85 to 150 8.3 x 10’~ D 696
Thermal Conductivity (BTU-Inch/ft* -hroF)
1 OOoF - 4.3
1400F - 3.9
1750F - 3.0
2000 - 2.6
Cell Classification 335434c D 3350
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3. Clarif icationr The four-inch high polyethylene netting on nesting site E-2 as indicated in Conetruction Note
4. Clarif iaation: Contxaetor shall place an additional
ahall not k
No.9, sheet 4
Blx-inch layer
5. Add to page 8 af epecifications:
Place mix - ina)lAlavsr La2ux s-, Ne- W - 1 22
0 6, Page 2-19, Seation 20606~7, second paragraph, line with 'uvl ;
7. Page 2=131 Section 205-1.4.7, Gpike Grid, line out andl replaee with 510 - 887 0 8500 and $10 = 387 - 13537. I
8. Clarification: The intent of the contract is to pay
9 for acres actually developed by the contractor
$-
out tt6L-7Btt and
phone and fax
in bid items 1 by either d
reepeqtively.
ba@d on existing eurvey data.
9. Modify page 6, quantities for bid items 7, 8, and 9
Item 7 - 90 acre8 Item 8 = 220 acrefa Item 9 m 15 acrm
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205-1.4.4 Seals
Seals shall consist of flexible polyether-type polyurethane foam that meets the requiremenl of the following tests:
Tests Requirements
1.85-2.1 lb/fi3 Density (ASTM D1564, Sec. 68-73)
Indentation-load-deflection (ASTM D1564, Method "A"' Sec. 19-25)
Compression Set (ASTM D1564, Sec. 12-18) 50% constant deflection - set based upon original thickness 10% maximum
Steam autoclave (ASTM D 1564, Condition "B"; Sec. 5-1 1)
Compression-load-deflection loss
Tension (ASTM D1564, Sec. 81-87); Tensile strength 15 lb/inch2, Min.
Tensile elongation 200% Min.
Tear resistance (ASTM D1564, (Sec. 74-80)
205-1.4.5 Battens
Battens shall be aluminum alloy 5052, H - 34 work hardened. They shall be of suffciei
length to completely encircle the pile over the seal area and provide for an additional 1 inches, minimum, for the strapping operation.
205-1.4.6 Nails
Nails for polvethvlene wrau shall be aluminum alloy 5056, and equipped with a 3/32-inch fl
neoprene washer.
Nails for polvethvlene covers shall be aluminum alloy Tvue 5056 with a shank diameter 1 0.20 inches. and a minimum length of 3.0 inches.
42 5 4
(ASTM D1564, Sec. 32-37) - + 12% e
2.0n lb/inch Min.
- 205-1.4.7 SDike Grid
Spike grid shall conform the provisions in ASTM A47, Grade 32510, hot-dip galvanized, manufactured by TECO, 41 5-489-8500 or FAX 415-489-2650.
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I 205-1.4.8 Fasteners
Bolts - ASTM A325, Type 3, Heavy Hex head.
Nuts - ASTM A563 - C3, DH3, plain.
Flat Washer - ASTM F436, weathering steel plain.
Beveled Washer - Flat washer as specified above, shaped to fit simply against wrapped pile
Lock Washer - ANSI - B18.21.1, regular, corrosion resistant.
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Tensile strength, psi D 412 2,250 Min.
Elongation at break, percent D 412 350 Min.
Compression set, 22 hrs. at 1580F., percent
ASTM
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D 395
(Method B) 25 Max.
Tear strength, pounds per inch D624
(Die C) 180 Min.
Hardness (Type A) D 2240 55 & 5
with 2 Kg. wt.
Ozone resistance 20% strain
100 hrs. at 1040 2 3.60F. D 1149
(except 100 2
20 parts per
100,000,000) No cracks
Low temperature stiffness, Young’s Modulus at
5,000 Max.
Low temperature brittleness, at -400F. D 2137 Pass
After accelerated aging in accordance with ASTM Designation: D573 for 70 hours at 21201
the elastomer shall not show deterioration changes in excess of the following:
-300F., psi D 797
B Tensile strength, percent -1 5
Elongation at break, percent -40 (but not less than 300%
total elongation of the material) ll
Hardness, points +10 1 2-14 8
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I 205-1.4.9 Material Certification
All materials specified herein shall conform to this specification. A certificate of cornplianc
attesting that the proposed materials meet all specified requirements, shall be submitted f
acceptance of materials. t
I SECTION 206 - MISCELLANEOUS METAL ITEMS
Modify Section 206 of Standard Specifications as follows:
206-6 CHAIN LINK FENCE
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8 Modify Subsection 206-6, Chain Link Fence, as follows:
206-6.1 General
Subsection 206-6, Chain Link Fence, of the Standard Specifications does not apply to tl:
materials of this project. Materials for chain link fence shall conform to the provisions in the? I special provisions.
206-6.2 Materials
All ferrous materials shall be protected by galvanizing or other specified coatings. Imperfect1
galvanized or coated material or material with serious abrasions shall not be used.
206-6.3 Posts and Braces
The base metal for the manufacture of posts and braces shall be commercial quality, or bette
weldable steel.
Galvanized posts and braces shall be in accordance with the provisions in Subsection 210-1
"Galvanizing," or if the Contractor elects, tubular posts and braces shall have protective coatin 1 conforming to the following:
Exterior surfaces of tubular posts and braces for fencing other than that at the nesting site
shall have a combination coating consisting of a hot-dip galvanized primer followed by
chromate conversion coating, followed by a finish coat of clear cross-linked organic coating
The thickness of the zinc coating shall be a minimum of 0.9 mil as determined from th
average results of 2 or more specimens and not less than 0.8 mil on an individual specimen
The weight of the chromate conversion coating shall be a minimum of 15 micrograms pc
square inch. The total thickness of the combination coating shall be a minimum of 1.7 mil:
The exterior clear coated surface of the pipe shall have a demonstrated ability to resist 100
hours of exposure to salt fog with a maximum of 5 percent red rust when tested in accordanc
with ASTM Designation: B 117. There shall be no film cracking of the clear finish coat aft€
500 hours exposure in an artificial weathering device in accordance with ASTM Designation
G23, Type E or EH Carbon Arc artificial weathering device, or G26, Type B or BH Zenon Ar
artificial weathering device. There shall be no blistering or cracking of the clear finish coi # 2-15 1
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after 500 hours of exposure to 100 percent relative humidity in accordance with AST:
Designation: D2247. Interior surfaces shall have a zinc coating or a cross-linked organ
coating containing a corrosion inhibitor. The minimum coating thicbess shall be 0.3 mil. tl
interior coated surface shall have a demonstrated ability to resist 300 hours of exposure to si
fog with a maximum of 5 percent red rust when tested in accordance with ASTM Designatio]
B117.
Posts and braces for the nesting site fences shall be aluminized conforming to the provisioi
in AASHTO specification M-18 1 , Type 11.
The protective coating system to be used shall be accepted by the Engineer prior to tl
intended use of the posts and braces. Any change of a coating system once accepted will 1
considered a new system and will be subject to re-acceptance.
The manufacturer shall supply a certification that the protective coatings comply with the ab0
requirements. Said certification shall be in accordance with the provisions in Subsection 4-1.
Certification.
Line, end, latch, and corner posts shall have not less than the following Minimum Resistin
Moments:
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Minimum Resisting Moments
(foot-pounds) *
End, Latch and
Line Posts Corner Posts
Perpendicular Parallel to hY to Fence Line Fence Line Direction
Fence height 6 feet and less 800 400 1,400
Fence height over 6 feet (but not i to exceed 10 feet) 1,400 700 2,400
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* Resisting moment is defined as the product of the member’s Section Modulus about tk
designated axis and its yield strength.
All braces shall have a Minimum Resisting Moment of not less than 400 foot-pounds aboi
the major axis and not less than 300 foot-pounds about the minor axis.
End, latch and comer posts shall have a midpoint deflection about either axis not greater tha
0.25-inch and all posts and braces shall have a permanent set about either axis not greater tha
0.01-inch when tested in accordance with California Test 674.
One post from each lot of 1500 posts or less and one brace from each lot of 500 braces or le!
shall be tested in accordance with California Test 674. If that post or brace fails, then
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additional posts or braces from the same lot shall be sampled and tested. The entire lot (
posts or braces will be rejected if either one of the additional sampled posts or braces fails
The material of which posts and braces are fabricated shall have a nominal thickness, befol
galvanizing, of not less than 0.105-inch for posts and 0.075-inch for braces.
If the line posts being used have a resisting moment about the weaker axis which is less th
75 percent of the required minimum resisting moment perpendicular to the fence line, the:
posts shall not be used at angle points in the fence line where the deflection angle exceeds I
degrees. If the line posts being used have a resisting moment about the weaker axis which
not less than 75 percent of the required minimum resisting moment perpendicular to the fen(
line, said posts may be used at angle points in the fence line up to a deflection angle of r
degrees. Changes in line where the angle of deflection exceeds 30 degrees shall be considere
as corners and corner posts shall be installed.
Gate posts shall be fabricated from pipe conforming to the requirements indicated on the Plan
The length of all posts, exclusive of fitted top fixtures or other methods of supporting the tc
tension wire which are integral with the post, shall not be less than the depth of the concre
footings indicated on the Plans plus the height of the fabric as indicated on the Plans 1
specified in the special provisions, less 4 inches.
All posts shall have provisions to securely hold the top tension wire in position and allow fi
removal and replacement of a post without damaging the top tension wire. Tubular posts sha
be fitted with rainproof tops.
Post tops, extension arms, stretcher bars and other required fittings and hardware shall be stee
malleable iron, or wrought iron and shall be galvanized or aluminum coated to suit the tyl
of fence on which they are being installed after fabrication. All required fittings and hardwsll
shall be fastened to the posts in the proper manner.
206-6.4 Chain Link Fabric
Chain link fabric shall conform to the requirements in AASHTO Designation: M 181 for Tyl
I zinc coated fabric with a Class C coating for general use fencing. Nesting site fencing shz
be Type 11, Aluminum Coated Steel. The wire used in the manufacture of the fabric shall 1
1 1-gage for all fence 60 inches or less in height and shall be 9-gage for all fence over C
inches in height, unless indicated otherwise.
All chain link fence fabric shall be woven into approximately 2-inch mesh such that in
vertical dimension of 23 inches along the diagonals of the openings there shall be at least
meshes. Chain link fence fabric shall have knuckled finish on top and bottom edges.
206-6.5 Miscellaneous
Between posts, chain link fabric shall be fastened to a top and bottom tension wire. TI
tension wire shall be at least 7-gage (0.177" dia.) coil spring steel of good commercial quali
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and shall be galvanized in accordance with the provisions of ASTM Designation: All
Coating Class 3, for general use fencing. Nesting site fence materials shall be AASHT
M181, Type 11, aluminum coated steel.
Tie wires and hog rings shall be at least 9-gage (0.148" dia.) steel and post clips shall be
least 6-gage (0.192" dia.) steel; all these shall be galvanized in accordance with the provisioi
of ASTM Designation: A116, Coating Class 3, for general use fencing. Nesting site fen1
materials shall be AASHTO M181 Type 11, aluminum coated steel.
Turnbuckles and truss tighteners shall be fabricated of commercial quality steel, malleable iro
or wrought iron and shall be galvanized as provided in Subsection 210-3, "Galvanizing," fi
general use fencing. Nesting site fence materials shall be AASHTO M18 1, Type 11, aluminw
coated steel. The truss tighteners shall have a strap thickness of not less than 1/4 inch.
Portland cement concrete for metal post footings and for deadmen shall be produced fro
commercial quality aggregates and Type 11, low alkali cement and shall contain not less th
470 pounds of cement per cubic yard.
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1 206-6.6 Gates
Drive gates shall be the widths indicated on the Plans.
Gates greater than 8 feet in length shall have interior vertical members installed so that n
panel exceeds 8 feet in length. Gate frames shall be constructed of not less than 1 1/2-inc
pipe. Interior vertical members shall be constructed of not less than one inch pipe. Pipe sha
conform to the requirements for posts and braces in these special provisions.
Gate frame panels shall be cross trussed with 3/8 inch adjustable truss rods. The comers (
the gate frames shall be fastened together and reinforced with a malleable iron or a presse
steel fitting designed for the purpose, or by welding. Pressed steel fittings shall have a nominb
thickness, before galvanizing, of not less than 0.135-inch and shall be fastened suitably t
develop the strength of the connected members. Welding shall conform to the best commercia
practice' all welds shall be sound and shall develop the strength of the connected member. A
welds shall be smooth.
All fittings, latches, rods, and other gate hardware except for the nesting sites shall b
galvanized in accordance with the provisions in Subsection 2 10-3, Galvanizing. Nesting sit
fence materials shall be AASHTO M18 1, Type I1 aluminum coated steel.
Chain link fence fabric specified for the fence shall be attached to the gate frame by the us
of stretcher bars and tie wires as specified for fence construction, and suitable tensio-
connectors shall be spaced at approximately one foot intervals.
The gates shall be hung by at least 2 steel or malleable iron hinges not less than 3 inches ii
width, so designed as to securely clamp to the gate post and permit the gate to be swung bacl
against the fence. The bottom hinge shall have a socket to take the ball end of the gate frame
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22 Place Bix - i- -
0 6, Page 2-19, Seotion 206-6,7, rrecond paragraph, line with 'SBI1.1B";
7, Page 2-13, Section 205-1.4,7, €Spike Grid, line out
s-, -- L $-
oIt rrSL-7B" and
phone and fax
2, 3, and 4, Section 300-11.3.11. Bid items based on exioting eurvey data.
9. Modify page 6, quantitioe for bid items 7, 8, and SI
Item 7 - 90 acras Item 8 = 220 acme Item 9 - IS acre6
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Gates shall be provided with a combination steel or malleable iron catch and lockir
attachment of approved design which will not rotate around the latch post. Stops to hold gat1
open and a center rest with catch shall be provided where required.
206-6.7 Polvethvlene Netting
Polyethylene netting shall be polyethylene mesh netting, 4 feet wide, with 0.5 x 0.5 inch mer
available from ADPI Enterprises, Part No. SB-4125050.
Polyethylene netting shall be secured to the chain link fabric with UV resistant, safety tie (zi]
ties), locking bands that are designed to remain secure after initial tightening. Available fro
ADPI Enterprises, Part No. SL-7B.
Contractor shall submit sample of polyethylene netting and zip-ties to Engineer for review ar
acceptance.
?
SECTION 207 - PIPE I Modify Section 207 of Standard Specifications as follows:
207-2 REINFORCED CONCRETE PIPE
Modify Section 207-2, Reinforced Concrete Pipe, as follows:
207-2.1 General
The materials in this subsection are for construction of reinforced concrete pipe culverts.
207-2.2 m
Culvert pipe shall conform to the provisions in Subsection 207-2, Reinforced Concrete Pi]
and these special provisions. Pipe shall be ASTM C76, Class IV, Wall C.
207-2.3 Headwalls
The inlet and outlet headwalls for each pipe culvert in tidal inlet channel shall be reinforce
concrete. Concrete shall be the Class defined in Subsection 201-1, Portland Cement Concret
of these special provisions.
207-2.4 Reinforcement
Reinforcement shall be the type specified in Subsection 20 1-2, Steel Reinforcement f
Concrete, of the Standard Specifications, and these special provisions. I SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
Modify Section 2 12 of Standard Specifications as follows:
2-19
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Add the following section:
212-1.6 Planting Materials
Planting materials are defined in Subsection 308-9, Saltmarsh Mitigation Plan (Revegetation
of these special provisions.
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SECTION 213 - ENGINEERING FABRICS
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1 Modify Section 213 of Standard Specifications as follows:
Add the following sections:
213-3 GEOTEXTILES - STONE CONSTRUCTION AND ABM SLOPE PROTECTIOP I 2 13-3.1 General
This subsection covers geotextiles that are for use in the construction of stone work, such t
revetments, and ABM slope protection.
213-3.2 Geotextile
Geotextiles for stone construction and ABM slope protection shall be one of the following:
Manufacturer Manufacturer’s Designation
Amoco Fabrics & Fibers Co.
900 Circle 75 Parkway, Suite 300
Atlanta, Georgia 30339
Propex - 1199
(404) 984-4434
Carthage Mills Polyfilter X
1821 Summit Road
Cincinnati, Ohio 45237
(513) 761-4141
Mirafi Inc. 700X
8702 Red Oak Boulevard
Charlotte, North Carolina 282 17 I (704) 523-7477
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213-4 GEOTEXTILES - WICK DRAINS
213-4.1 General
This subsection covers geotextiles that are for use in the installation of wick drains in tl
Central Basin.
213-4.2 Reference Standards
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1 213-4.2.1 American Society of Testing Materials (ASTW
ASTM D751
ASTM D3884
ASTM D4491
ASTM D4595
ASTM D4632
ASTM D4751
Method of Testing Coated Fabrics
Abrasion Resistance of Textile Fabrics
Water Permeability of Geotextiles by Permittivity
Tensile Properties of Geotextiles by the Wide Width Strip Method
Grab Breaking Load and Elongation of Geotextiles
Determining Apparent Opening Size of a Geotextile I 213-4.2.2 EURM (Dupontl
EURM- 100
213-4.3 Materials
The prefabricated wick drain material shall consist of a continuous plastic drainage cor
wrapped in a nonwoven geotextile fabric. The prefabricated wick drain material shall meet th
following requirements:
Minimum width, core
Minimum tensile strength, core
Flux and Coefficient of H,O Permeability (K) of Wick Drains
100 mm (4 inches)
1kN (2251b) at elongation
minimum 2 percent, maximum 10 percent
20~10~ m3/sec (7~10-~ ft3/sec) at 350 kN/m
soil pressure after 4 weeks
Minimum discharge capacity, wick
Minimum discharge capacity at 10x106 m3/sec (3.5~10-~ ft3/sec) at 2
deformation, wick percent relative compression
Minimum permittivity, fabric 2.0/sec (ASTM D4491) 1 Minimum tensile strength, fabric 135 lb (ASTM D4595)
Minimum elongation at break, fabric
Minimum modulus, fabric
60% (ASTM D4632)
1200 lb @ 10% elongation (ASTM D4632
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Maximum AOS, fabric
Minimum puncture strength, fabric
Minimum mullen burst strength, fabric
Minimum abrasion resistance, fabric
Maximum specific gravity, fabric 0.95
Minimum flux, fabric
213-4.4 Submittals
The Contractor shaII submit to the Engineer, for acceptance, details of the sequence an method of installation. The submittal shall include, but not be limited to, the following item!
1. Size, type, weight, maximum pushing force, and dimensions of installation equipmenr
2. Details of wick drain materials tm&xage, including brand, model, size, type, an weight, and;
Detailed description of proposed installation procedures.
No. 100 U.S. Std Sieve (ASTM D4751)
50 lb (ASTM D751 modified)
200 psi (ASTM D751)
40 lb (ASTM D3884)
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230 gal/ft?/min (EURM- 100)
3.
The Contractor shall submit a 5-fOOt sample with accompanying manufacturer specification of the wick drain material - to the Engineer. The sample shall be stamped ( labeled by the manufacturer as being representative of the wick drain material having ii specified trade name. Contractor shall procure wick drain material only after writte
acceptance from the Engineer is obtained.
213-4.5 Delivery and Storage
The wick drains shall be free of defects, rips, holes, or flaws. -
1 During shipment and storage, the wick drain shall be wrappc in a protective covering. The storage area shall be such that the drains are protected fro sunlight, mud, dirt, dust, debris, and detrimental substances. %
Acceptance of the sample material by the Engineer will be required prior to site delivery of tl wick drain material.
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PART 3. SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
FOR CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
Modify Section 300 of Standard Specifications as follows:
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I 300-1 CLEARING AND GRUBBING
300-1.6 General
To Subsection 300-1 .l, General, add: I 300-1.1.1 Salvacinp Plants
Saltmarsh vegetation is be salvaged for replanting as defined in Subsection 308-9, Saltmars
Mitigation Plan (Revegetation), of these special provisions.
300-1.1.2 Pavment
Full compensation for salvaging plants will be considered or included in the contract price pi
acre for revegetation and no separate payment will be made therefor.
300-8 GEOTEXTILES FOR DRAINAGE
To Subsection 300-8, Geotextiles for Drainage, add: I 300-8.2 Wick Drains
300-8.2.1 General
Wick drains consist of furnishing all labor, materials, tools, equipment, and incidentals requir
for the installation of vertical prefabricated wick drains in Central Basin. Wick drs
installation shall be coordinated with the dredging of East Basin and Central Basin.
300-8.2.2 Oualitv Control
The wick drains shall be installed using methods which will minimize disturbance of subs
during the installation.
Approval of wick drain material and methods by the Engineer will not relieve the Contracl
of the responsibility to install wick drains correctly. If the Engineer considers that the meth
of installation does not produce a satisfactory drain, the Contractor shall alter the meth
necessary to comply.
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300-8.2.3 Installation
Wick drains shall be installed when the Central Basin fill material has reached -1.0 fee
NGVD, or as directed by the Engineer. Wick drain spacing shall be at 20 feet on center in
triangular configuration. Adjust wick drain spacing when necessary to avoid known object$
The prefabricated wick drains shall be installed - - : through the soft soils to the dredged bottom c
the Central Basin - , including the side slopes uu to -7 feet NGVD. The wic
drains shall be installed such that they do not sink. collause, curl or move away fiom thei
original installed position. excluding anticipated settlements.
The Contractor shall demonstrate that the method, materials and equipment produce
satisfactory installation with a minimum disturbance or alteration of the drainage capacity an
performance of the prefabricated wick drains. For this purpose, the Contractor shall install
to 4 trial wick drains at up to ten locations within the work area designated by the Enginee
Trial wick drains will be paid for at the same unit price as the production wick drains
accepted by the Engineer.
Wick drains that deviate by more than 2 feet fiom the required spacing, or that are damage(
or improperly installed may be rejected. Rejected wick drains may be removed or abandone
in place, at the direction of the Engineer. Replacement wick drains shall be placed as clo:
as possible to the correct original location.
The Contractor shall provide the Engineer with a means of verifying the depth and plumbne:
of the wick drains. The equipment shall be checked for plumbness and shall not deviate mol
than 1.0 inch per foot from vertical. Splices or connections in the vertical wick drain materi,
will nst be allowed. Jetting will not be allowed to install the wick drains. -
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The gwkhktd wick drain shall be cut such that at least a 12-inch length protrudes abo\
-1 feet NGVD. 1 5:; x
fill
Where obstructions are encountered which prevents installation to the design depth, f
Contractor shall install a new wick drain within 18 inches of the obstructed drain. A maximu
of two additional attempts shall be made as directed by the Engineer for each obstructed drai
If the wick drain still cannot be installed to the design depth, the wick drain location shall
abandoned or removed and the installation equipment shall be moved to the next drain locatio
Locations where wick drains do not meet the design depth criteria due to obstructions shall
clearly marked in the field. The Engineer shall have the right to waive the replacement wi
drain requirement upon written notice to the Contractor.
The Engineer may vary the depths, spacing or the number of wick drains to be installed a
may revise the installation area limits for this work. The Contractor shall provide the Engine
with a means of making a linear determination of the quantity of wick drain material US
during installation. A summary tabulation of the number and length of acceptable wick drai 0
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shall be included in the Contractor’s Daily Resort to the Engineer. - tz tk 0 -
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300-8.2.4 As-Built Drawings
The Contractor shall include the wick drainage system on the "as-built" drawings required i
Subsection 2-5.4, Record Drawings, of these special provisions. These "as-built" drawing
shall include the location and length of each wick drain, and shall distinguish between acceptec
and rejected wick drains, as well as abandoned wick drains.
300-8.2.5 Measurement and Paynent
Wick drains shall be measured by the actual length of wick drain installed and accepted.
The contract price paid per linear foot for wick drains shall be full compensation for furnishin]
all labor, materials, tools, equipment and incidentals and for doing all the Work, in installin;
wick drains, complete in place, including altering the installation methods and equipment t
produce the required end result, cutting of wick drains, and preparation of "as-built" drawing
of wick drainage system, as indicated on the plans, and as specified in these special provision:
and as directed by the Engineer.
Rejected wick drains will not be considered for payment. Wick drains which do not reach th
bottom of Central Basin, including side slopes, will be rejected. No payment will be made fc
unacceptable wick drains or delays or expenses incurred through changes necessitated t
improper or unacceptable material or equipment.
Add the following sections:
300-11 DREDGING
300-1 1.1 General
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I 300-11.1.1 Work Included (Definitions)
DREDGING: Dredging for this project shall include providing all labor, materials, tool
equipment and incidentals required for completion of the dredging work in accordance wii
the Plans and these special provisions.
DREDGING AND EXCAVATION DEFINED: Dredging for this project is defined as tl
excavation of all materials encountered at +2.44 feet (NGVD) or below and depositing of su(
materials in the designated areas. All removals of soil and related materials above +2.44 fe
(NGVD) is defined as earthwork. Construction of nesting sites are considered part of t
dredging work although the Contractor may choose to use earthwork methods in tht
construction.
DREDGING LOCATIONS: The dredging work is required in: East Basin, Central Bas
and West Basin. Dredging work is also included in the tidal inlet channel and under t
AT&SF Railroad Bridge and 1-5 Bridges. Dredging under the East Carlsbad Boulevard Bridl
and West Carlsbad Boulevard Bridge is not part of these Plans and these special provision:
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RETENTION DIKES: Retention dikes are defined as dikes to retain dredged materials durinl
construction.
TIDAL INLET DIKE: Dike constructed and maintained across the tidal inlet during thi
construction period to prevent a breach which would open the lagoon to unrestricted tidal flou
DISPOSAL AREAS: Dredged material shall be disposed of according to the Plans and thesl
special provisions. Disposal areas included in the project are the beachfill areas, nesting site
W-2, E-1, E-2 and E-3, temporary and permanent access roads to the nesting sites and Centra
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DREDGING OF SLOPES: Dredging of slopes shall be in accordance with the Plans an(
these special provisions and subsequent placement or disposal of the removed materials a
indicated on the Plans. The dredge slopes on the Plans reflect the dredge plan that will mee
the acreage requirements at the specified elevations. The control of dredging of slopes an
areas will be done through the daily reports and progress surveys as explained in Subsectior!
300-11.3.1 1 and 300-1 1.3.16, of these special provisions. Box cutting will be allowed with
maximum of a 5-fOOt box cut in the Central Basin and a maximum of a 1-foot box cut in tl
West and East Basins.
CENTRAI; BASIN FILL AND CENTRAL BASIN FILL CAP: The Central Basin fill
material placed in Central Basin that is not disposed on the beach or to the nesting sites. TI
Central Basin fill cap is a layer of sandy material used to protect the underlying fill materi; D, from scour.
300-1 1.1.2 Ouality Control
DREDGING AND DISPOSAL: Dredging and the disposal of dredge material shall confon
to the requirements of the attached permits and memoranda, included as appendices to the:
special provisions. Dredged material shall not be placed outside of designated dredge or fl
areas. Any conflict between the Permits and these special provisions and Plans sha
immediately be brought to the attention of the Engineer.
WATER QUALITY: During all dredging and material placement or disposal operatior
water quality shall be maintained in accordance with the permit issued by the Californ
Regional Water Quality Control Board, attached to these special provisions.
PLACEMENT OF NESTING SITE FILL MATERIAL: The Contractor shall monitor t
quality of fill being placed for nesting sites as identified in Subsection 300-12.4, Constructic
Materials, of these special provisions. The Contractor will maintain on-site samplii
capabilities if material is to be dredged for direct placement. If directly placed, the materj
must be checked for suitability concurrently with placement. If material being used is r
suitable for the intended purpose as determined by the Engineer, the Contractor may
required to shift equipment to various locations within the designated dredged area to avc
material the Engineer deems to be unsuitable for the specific filling project.
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The Contractor shall submit daily to the Engineer representative samples along with reports o
his monitoring materials. Each sample shall be a minimum of 10-pounds and labelet
indicating location of where the sample was obtained and the time and date the sample wa, 1 taken.
ff TIDAL INLET DIKE: Contractor shall maintain the structural and hydraulic integrity of thc
tidal inlet dike to prevent breaching.
300-11.1.3 Character of Materials
SUBSUWACE CONDITIONS: Geotechnical investigations were conducted in an effort t
identify subsurface conditions which may affect the Work. Results of these investigations ma
be used as a general guide for classifying materials for the intended purposes, but should nc
be relied upon to provide a complete and total representation of the project site subsurfac
conditions. The results of these investigations are included in the following reports:
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Woodward-Clyde Consultants, "Geotechnical Investigation for the Proposed
Batiquitos Lagoon Enhancement Project, Carlsbad, California," Volumes I and 1 11, December, 1990.
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Woodward-Clyde Consultants, "Geotechnical Investigation and Non-Dest,mctive
Testing for the AT&SF Railroad Bridge Pilings, Batiquitos Lagoon
Enhancement Project, Carlsbad, California," November, 1992.
Woodward-Clyde Consultants, "Geotechnical Design Recommendations, Least
Tern Islands and Access Roads, Batiquitos Lagoon Enhancement Project,
Carlsbad, California," Letter dated January 18, 1993.
Woodward-Clyde Consultants, "Geotechnical Design Memorandum, West
Carlsbad Boulevard Bridge Replacement, Batiquitos Lagoon Enhancement
Project, Carlsbad, California," March, 1993.
Woodward-Clyde Consultants, "Supplemental Geotechnical Investigation, East
Basin Sediment Characterization and Central Basin Settlement Analysis,
Batiquitos Lagoon Enhancement Project, Carlsbad, California," November, 1993.
An investigation of the location of the 12-inch Southern California Gas Company g
transmission main was conducted. Results of this investigation are in the following report
Pelagos Corporation, "Investigation of Buried Gas Pipeline, Batiquitos Lagoon,
Carlsbad, California," July 1992.
The Contractor shall examine this information which is available at the City of Carlsb
Community Center and the City of Los Angeles Harbor Department.
In addition, it has been reported that a few car bodies, small boats, and miscellaneous det:
may be present in the dredging areas.
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Materials within the project site may be unsuitable to support construction equipmen
Contractor shall satisfy itself as to the nature of these materials and the types of equipment an
methods which will be suitable for construction.
INTERPRETATION OF DATA: The Engineer has obtained, recorded and interpreted th
information as to the conditions to be expected for design purposes only. The Contractor ma
use this information as guidance only. The Contractor shall make a site inspection md sha
assume responsibility for carefully reviewing all the contract documents, including referenc
documents and appendices, making an independent assessment of the conditions affecting tim
and cost and shall include the value of same in the relevant contract item.
300-11.1.4 Submittals
DREDGING PLAN AND SCHEDULE: The Contractor shall submit to the Engineer fi
review a dredging plan and schedule, which clearly shows the order, sequence, estimate
quantities, equipment and methods of the dredging and disposal operations for each phase ar
at each site of dredging work. The dredging plan and schedule shall incorporate the perm
constraints and restrictions. The dredging plan shall be accepted by the Engineer prior to sta
of work. The schedule shall be updated and submitted to the Engineer in accordance wil
Subsection 6-1, Construction Schedule, of the Standard Specifications and these specit
provisions.
The dredging plan to be submitted shall also include, but not be limited to, the following item
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1. Dredging over pipelines, under overhead obstructions, near submarine
cables and pipelines, and adjacent to existing slopes and structures;
Moving equipment under and over bridge(s);
Dredging and monitoring the side slopes in each of the dredging
locations; I 4. Dredging in each of the three basins;
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5. Placing the underwater fill in the Central Basin using material excavated
from the East Basin and placing the sand cap on that fill;
Placing the beachfills at the locations indicated on the Plans;
Placing fill for the nesting sites and access roads at the locations
indicated on the Plans;
6.
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8. Construction, maintenance, operation and monitoring of water level
control system;
Construction and maintenance of tidal inlet dike, including location of
dike and source of material;
9.
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10. Removal of abandoned 12-inch Southern California Gas Company gas
transmission main in West Basin;
Placing beachfill over the ocean outfall pipeline at Encinas Creek Beach;
Routing of dredge discharge pipelines within lagoon and to beach
disposal sites and methods to monitor and maintain pipelines;
Fueling procedures, storage and delivery for dredge equipment;
Location of booster power station(s);
Construction and maintenance of retention dikes; and
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16. Installation of wick drains-
- 17. Methods to launch and retrieve dredges at each basin.
30 DAY NOTICE:
Engineer of the date dredging is to start, 30 days prior to the scheduled start date.
EQUIPMENT LIST: A list of equipment to be used to perform the Work shall be submittc
to the Engineer for review and acceptance prior to start of Work. Contractor shall provic
sketches of all floating equipment showing access locations and sizes, and the locations a
quantities of materials which could be environmental or personnel hazards in case of collisic
or upset.
FILL MATERIAL SAMPLES: See Subsection 300- 1 1.1.2, Quality Assurance, Placeme:
of Nesting Site Fill Material, of these special provisions, for submittal requirements.
SPECIAL NOTICES: The Contractor shall provide immediate written notification wi
documentation of work stoppages and slow-downs that may affect the dredging plan ar
schedule.
DREDGE OPERATIONS DAILY REPORTS: During the performance of all dredgi
operations, equipment operators shall fill out a Daily Dredging Report and Leverman’s Sh
Log for each calendar day’s activity on each dredge being operated. Forms to be used sh
be developed by the Contractor and accepted by the Engineer prior to starting work. Fon
shall be filled out completely and legibly; including signatures, using black ink. The origir
forms shall be given to the Engineer by 12:OO noon on the day following the date shown
The Daily Bidgiag Report shall be filled out for every calenc
day - , even when the equipment is not working. Progress paymer
for dredging will not be made until a complete set of reports covering the payment period i
in the Engineer’s possession. See also Subsection 300-1 1.3.13, Inspection, of these spec
provisions.
For each location of dredging, the Contractor shall give notice to ti
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SURVEYS: See Subsection 300-1 1.3.13, Inspection, of these special provisions, for progres!
and Central Basin fill settlement survey submittal requirements. e
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300-1 1.2
BEACHFILL: Beachfill material shall be from one or more of the following sources: Centrl
Basin, West Basin, Tidal Inlet Channel, and under the bridges.
NESTING SITES: Nesting site material for W-2, E-1, E-2, and E-3 shall be from one (
more of the following sources: West Basin, Central Basin, and west end of East Basin. Se
Subsection 300-12.4.2, Surface Material, of these special provisions, for source of fill fc
nesting site W-1 (by others).
CENTRAL BASIN FILL: Central Basin fill material shall be from one or more of tk
following sources: the east and central end of East Basin, the side slopes from the west en
of East Basin, and under the bridges
CENTRAL BASIN FILL CAP: Central Basin fill cap material shall be from one or mol
of the following sources: West Basin, west end of East Basin, side slopes in Central Basil
and under the bridges. .i 300- 11.3 Execution
Sources of Fill Materials I
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300-1 1.3.1 Eauipment
SIZE: The Contractor’s equipment shall be of sufficient size and capacity to meet tl.
productivity, tolerance and schedule requirements of the Work, and shall be kept in goc
working condition in order to efficiently perform the Work.
PIPELINES: All pipelines shall be inspected and kept in good condition at all times, and an
leaks or breaks along their length shall be repaired promptly and properly.
FLOATING ATTENDANT PLANT: All floating equipment shall be kept in good workin
condition.
ELECTRIC DREDGE: If electric dredge(s) or booster(s) are to be used, the Contractor sha
make all arrangements and pay all costs associated with installing and removing and operatir
the electrical service for the dredge(s) and booster(s).
DIESEL DREDGE AND EQUIPMENT: If diesel dredge(s) or booster(s) are to be use
Contractor shall make all arrangements and pay all costs associated with meeting applicab
regulations and air quality permit requirements of authorities including San Diego Air Pollutic
Control District and the City of Carlsbad. Contractor shall observe all applicable standards a
regulations regarding fueling of dredge(s), booster(s) and other attendant plant.
MATERIAL DISCHARGE FOR CENTRAL BASIN FILL: While discharging materi
into the Central Basin, the Contractor shall utilize appropriate technology to minimize turbidil
increase settlement of deposited material, and decrease disturbance of deposited material.
manned discharge barge with self-contained positioning capability or alternative suitab
arrangement is required to provide control of the discharge, The barge shall be capable
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being maneuvered to any location and depth to be filled. The barge shall contain a vertici
variable depth discharge pipe which shall be capable of reaching to within five feet of th
maximum depth of the previously dredged area. The equipment and method shall be designe
to discharge material at variable depths and to reduce the velocity of pipeline discharge to
feet per second or less. The barge shall be frequently moved to distribute the material in eve
layers, not exceeding 5 feet, throughout the fill area.
MATERIAL DISCHARGE FOR CENTRAL BASIN FILL CAP: While dischargin
material for the Central Basin fill cap, the Contractor shall utilize appropriate technology i
minimize turbidity, increase settlement of deposited material, and decrease disturbance (
deposited material. A manned discharge barge with self-contained positioning capability (
alternative suitable arrangement is required to provide control of the discharge. The barge sha
be capable of being maneuvered to any location and depth previously filled. The barge sha
contain a vertical variable depth discharge pipe which shall be capable of reaching to withi
two feet of the depth of the previously filled material. The equipment and method shall t
capable of reducing the velocity of the discharged material to 3 feet per second or less. TI
barge shall be continually moved to distribute the material in even layers, not exceeding
inches (0.25 feet) over any one area in any 24 hour period, throughout the fill cap area.
WATER LEVEL CONTROL SYSTEM: Contractor shall design, install, operate, maintaii
and monitor a system to control the water level in all basins of Batiquitos Lagoon during tl
construction period. The water level control system shall be used to prevent undesirable hig
water levels in the lagoon due to construction related and natural sources and to exchang
ocean seawater with lagoon water. v
The water level control system will not be required to be fully Operational before tl:
Contractor can begin dredging. However. before the Contractor will be allowed to comrnenc
dredging, the Contractor shall demonstrate the capability to control the water level within tl
critical range of 0 feet NGVD to +4 feet NGVD while dredging the Central Basin (fir
season). The Contractor will not be allowed to perch the water in the lagoon above +3.5 fe
NGVD until the water level control system is fully operational.
The fully operational water level control system shall meet the criteria listed below.
system shall:
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1. be capable of controlling the water in the lagoon from 0 feet NGVD to +9 fe
NGVD at the direction of the Engineer. (To satisfv permit conditions, it
anticipated that the water level in all basins must be maintained between 0 fe
NGVD and +3.4 feet NGVD between March 1 and August 15). If tl
Contractor chooses to maintain the water level at +9 feet NGVD durir
dredging. then the water level control system shall have the capacity
discharge all flood waters entering the lagoon during the peak flows as describc
in Criteria #2.
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2. provide a discharge of 4,000 acre-feet in an 8 hour period with a peak flow of
16,500 cubic feet per second such that the maximum water elevation in the lagoon
does not exceed +9.0 feet NGVD; If the Contractor chooses to dredge at a water
level lower than +9 feet NGVD. then the reservoir of the lagoon (UR to +9 feet
NGVD) may be used as Dart of the water level control system. Therefore. bv
using - the lagoon as a reservoir for Deak flow, the discharge capacitv to the ocean
of the water level control svstem can be reduced accordinglv.
have the capability of allowing an inflow of 2.7 million cubic feet of seawater
between the West Basin and ocean, at least once a week;
not interfere or conflict with the construction of the East and West Carlsbad
Boulevard Bridges. or infringe on the existing. structural inteaity of the bridges.
This does not preclude placing of DiDe under the bridges: however, such DiDe may
have to be moved more than once to accommodate bridge construction promess.
It is anticiDated that the West Carlsbad Boulevard Bridge will begin construction
1996;
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5. include a pipe discharge through the dike at the inlet and be operable during the
entire construction period; and
include a pipeline with a minimum diameter of 24 inches to allow the free passage
of fish within the intertidal zone. At the direction of the Engineer, this pipeline
shall be operated to allow fish to pass from the ocean to the lagoon.
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One or more systems may be required to meet all these conditions.
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The Contractor shall coordinate the placement and operation of the water level control syster
with the East Carlsbad Boulevard Bridge and West Carlsbad Boulevard Bridge contractor:
The monitoring system shall include a water level sensor with a recording read out in the fie1
office.
The Contractor shall submit within 45 days of NTP the design, installation, operatioi
maintenance and monitoring plan of the water level control system, with backup data an
calculations, to the Engineer for review and acceptance prior to start of Work.
POSITIONING SYSTEM: Contractor shall provide an electronic positioning svstem fi
horizontal control capable of functioning during all waterborne activity hours. Surveyin
monuments and control point data provided to the Contractor shall be provided by tl
Engineer. The Contractor shall establish and maintain all additional shore stations and contrt
points necessary to operate the waterborne positioning system.
The Engineer shall be given free access to monitor positioning and measuring activities on th
Contractor’s positioning system. The Contractor shall provide copies of calibration, Dositionin;
and measuring data and results to the Engineer upon his resuest. Absolute horizonta
positioning tolerance produced by the system at the water surface should be equal to or bette
than the Corps of Engineers Class 1 Survey at all locations of the dredging work. (The Clas
1 Survey reference is Corps of Engineers EM 1110-2-1003 dated 28 Feb. 1991. Table 2-1
The Contractor shall place and maintain the electronic positioning system and all gauges, rang
lights, buoys and other markings required to assure the accuracy of the surveys. Th
Contractor shall submit a description of the positioning system equipment, including accuracier
to the Engineer for review and acceptance. The Contractor shall take necessaw measures t
confirm that his selected system is operational at all times during dredging and can operationa
under the conditions presented by the lagoon environment.
Supplemental methods might include but are not limited to:
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- 1, Differential global positioning system (DGPS) employing narrow correlatio
receivers
- 2. Gyroscopes (orientation only)
- 3. Laser (alignment and ranping)
SURVEY VESSEL: The Contractor shall provide a dedicated shallow-draft survey vessel fa
the use of the Engineer in conducting bathymetric survevs for the pumose of complianc
monitoring. The survey vessel must be capable of operating with full maneuverabilitv and wit
a full load in water depths of 1-112 feet. It must have weather protected seating for 3 person
and an accessible table sized. weather-proof workspace suitable for the installation an
operation of a fathometer. positioning system, computer. monitor. printer and plotter. A
onboard electrical generator capable of supplying 1500 watts of llOV AC/60Hz Dowe
adequately regulated for the use of electronic equipment must be available. The vessel shoul 0
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be suitable for any modifications reauired to install transducer and antenna mounting hardwarc
as reauired by the EnPineer. This mounting hardware and its associated cabling will remaii
installed on the vessel for the duration of the contract. The vessel must be sufficientl.
controllable to allow compliance with the requirements concerning survey line tracking. Th
Contractor shall submit a descriution of the survey vessel to the Engineer for review an
acceDtance.
SURVEY SYSTEM: The Contractor shall have a survey system capable of a Class 1 Survel
{The Class 1 Survey reference is Corns of Engineers EM 1110-2-1003 dated 28 Feb. 1991
Table 9-1). The Contractor shall submit a description of the survey system, includin
accuracies. to the Engineer for review and acceptance. The survey shall be independent c
operational monitoring. The Contractor shall conduct weekly surveys of work completec
during; the week. The survey will twicallv consist of a combination of land survey an
hvdromaphic survey techniques. The findings of the survey must be reported to the Enginee
in a timely manner with results presented no later than two (2) working days following tl
survey. Weekly deliverables will include a contour chart of the actual deuths surveyed,
contour chart of the difference between the design surface and the actual surface, and a contoi
chart Q€ the deoth of material removed or replaced during the week’s operation. All week1
charts will be provided at a scale of 1 inch = 100 feet. Each chart will cover the areas show
on the construction drawings so that direct overlays can be accomplished. Correcte
bathmetric data or the data upon which the chart is based will be plotted not less than ever
25 horizontal feet along the vessel track parallel lines and the lines from data collected at
minimum of 5-foot intervals.
One foot bottom contours will be shown on the bathymetric charts. charts showing tl
difference between the actual and design surface will be contoured at 0.5 feet. The data s
used by the Contractor to uroduce the bathymetric charts shall be made available to tl
Engineer as comma delimited XYZ, ASCII data, on 3.5-inch. 1.44 Mb DOS format disks.
The vertical datum used shall be the National Geodetic Vertical Datum (NGVD 27). In ordc
to conform with construction plans the horizontal grids shall be based upon the Batiauitc
Lagoon Enhancement Coordinate System (BLECS). The BLECS grid is based upon the Non
American Datum (NAD) 1983 State Plane Coordinate System. Lambert Proiection, Californ
Zone 6, in US Survey Feet. Transformations from NAD State Plane Zone 6 and BLECS
done by: subtracting 1.900.000 from the Northing, and subtracting 6.200.000 from the Eastii
(see eauations below)
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BLECS Northing (U.S.ft) = NAD1983, CA Zone 6. Northing (U.S.ft) - 1.900.000
BLECS Eastinrz W.S.ft) = NAD1983. CA Zone 6. Eating (U.S.ft) - 6,200,000
A mey Iien grid must be set up in a way that primarv survey lines are not run on great
than 50-foot centers. Tie lines, peruendicular to the lines described above. shall also be at t
same %-foot soacing. All survey lines will extend at least two fix points into any zon
surveyed using different methods. A closer line spacing may reauired by the Engineer in are a of high bathymetric variability.
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Lateral excursion of the survey vessel shall not exceed 10 feet to either side of any given lint
If the 10-foot lateral excursion is exceeded, then the line augment must be resurveyed.
Resurveys must include 1 00-foot overlaps (each end) of properly surveyed portions. If hazarc
to navigation (buo~s. promontories. etc.) exist on line, then an off-line survey will be acceptec
The horizontal distance covered "off-line" must be held to a minimum.
The echo sounder used must Drovide Dermanent record of the data, such as a paper char
Digital data recording is acceptable, uroviding that a orintout of the original data is Droducec
This printout can be in numeric or maphic (analog) form. The echo sounder transducer mu
operate in two freauencies in order to reflect sediment density. The high fieauency should 1
at least 200-kHz or higher. and the low freauencv must be 40-kHz or lower. It is anticipate
the location of the "dewatered mudline" will require the use of high and low frequency.
calculated ratio between the freauencies will be used to determine a reliable and reproducibl
bottom location. The dual freauency echo sounder will be used in water depths less than 8 fel
and bottom elevations above -4 feet NGVD. In such cases, bottom elevation will 1.
determined bv using a standard sounding rod and plate (6-inch diameter plate weighin
approximately 4 pounds). The readout of the dual frequency echo sounder will be calibrate
to a freauency ratio that will give the bottom elevation that corresponds to the depi
determined by the plate and pole method. Heave compensation of the echo sounder data m2
be required by the Engineer if transducer movement causes a degradation of accuracy beyon
that rewired in this specification. Instrument accuracy must be +/-1% or better. Ra
(uncompensated) data must be recorded in addition to the heave compensated data, All analc
data must be annotated in the field.
All echo sounder (fathometer) data must be corrected for transducer depth, speed of sound (b
check or sound velocimeter), transducer horizontal offset, and water surface elevation. TI
maximum allowable interval for application of water level corrections is 120 seconds. TI
Contractor is required to install and maintain a real-time radio telemetering water lev1
measurement, recording and reporting system. The water level radio telemetrv data must 1
made available in a suitable ASCII format to the Engineer for monitoring purposes and i
accuracy will be verified by the Engineer. The Contractor must enable and assist the Enpinel
in the verification of the accuracy of the Contractor's water level measurement and reportir
system. Water level measurements should be accurate to within one inch and should 1
corrected for varying water density. temDerature and atmospheric Dressure. The water lev
data used for correction must reflect the water level of the area being surveyed. Tide da
which is collected in an area which will not be representative of the area being surveyed dl
to flow restrictions during water level changes will not be acceptable.
The fathometer is expected to enable reliable measurement of what will be the "dewaterc
mudline" in the intertidal zone in depths of water that may be as shallow as 2 feet while beii
surveyed and should be capable of data output in dipital format. For survey of water less th;
2 feet, mechanical deDth determination may be rewired.
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An integrated navigation system must be used which produces horizontal accuracy at t€
shipboard antenna of +/- 4.5 feet at one-sigma confidence level. If range-range navigation
used, then appropriate shore station geometrv must be used to achieve the above state
accuracy. XYZ data must be logged at a sufficient rate to achieve the equivalent of a fix
intervals of distance no meater than everv 6 feet. Echo sounder transducer offsets relative 1
the navigation antenna must be applied to the final data set if the two sensors are nl
coincident. Position. water elevation and echo sounder data must be adiusted for differenct
in sampling times using a de-skewing algorithm. Subsurface vertical measurements usir
acoustic equipment or other techniques shall have a tolerance of +/-4 inches. Absolu
subsurface horizontal positioning tolerance at the seabed is +/- 3.3 feet (1 meter).
A post plot must be produced which shows the vessel track along with the planned survz
lines. Approaches to lines or turns need not be shown. All position fixes obtained in the fie
must be shown on the post plot. Fixed labels must be provided to enable identification I
representative fix points along the lines. The fix label shall not obscure the fixes or vess
track. The scale of this position will be 1 inch = 100 feet.
In addition to weeklv reporting requirements, a full set of charts at a scale 1 inch = 100 fe
will be provided to the Engineer upon the completion of each season’s work and each item I
work. The charts will represent progress made to the end of the season or completion of tl
bid item. The full charts will have the same requirements as the weeklv charts. TI
Contractor shall submit to the Engineer a description of the survey system includir
performance specifications of the equipment to be used.
DISPLAY SYSTEM: Contractor shall install on the dredge a display system capable 1
displaying in real time the cross section the dredge is working, including the original grour
line, the design depth and position of the suction mouth. This display data shall be stored
ASCII format and be available to the Engineer as requested. In addition, one CODY of tl
displayed cross section and data shall be submitted to the Engineer with the Daily Report. TI
Contractor shall submit a description of the display system. with sample CODY of output, to t
Engineer for review and acceptance.
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REFERENCE POINTS: The Contractor shall use the reference points established by tl
Engineer as the basis for the horizontal and vertical control systems. The Contractor shall 1
responsible for maintaining and replacing reference points if damaged.
MISPLACED EQUIPMENT: Should the Contractor (during the progress of the Work) 10s
dump, throw overboard, sink or misplace any material, plant, machinery or appliance whic
may be dangerous to intended uses of the waterway, or cause pollution of the waters, tl
Contractor shall give immediate notice, with a description and location of such obstruction
to the Engineer, and, when required, shall mark, boom or buoy such obstructions until they a
removed. ShouId the Contractor refuse, neglect or delay compliance with the above
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requirements, such obstructions may be removed by the Engineer, and the cost of such removi
may be deducted from any money due or become due to the Contractor.
300-11.3.2 Lights
The Contractor shall operate and maintain proper lighting between sunset and sunrise on a
floating equipment, upon all ranges and other markers, and upon all buoys in accordance wit
U.S. Coast Guard requirements. Lights shall not be directed towards any nesting sites durin
the nesting seasons. The Contractor shall be responsible for all damage resulting fro1
negligence or failure in this respect. If and when work is performed at night, the Contractc
shall maintain lighting on or about the equipment and work area as may be required for tl-
proper performance and inspection of the Work.
300-11.3.3 Cooperation with Others
CONTRACTORS AND AGENCIES: When other contractors, City or other agencie:
personnel or lessees are working adjacent to the area to be dredged or filled, the Contractc
shall cooperate with them and make arrangements with other contractors, City or agenc
personnel or lessees, so that operations will not interfere with their construction work.
RECREATIONAL USERS AND PUBLIC SAFETY: The Contractor shall cooperate wil
City, County, State and Federal agencies to minimize interference with recreational user
Special attention shall be made at the beach discharge and grading operations as well as in tlr
vicinity of the inlet. The Contractor shall implement a signage plan for safety and notificatic
of construction activities and cooperate with City, County, State and Federal agencies
enforce the signs for public safety. The Contractor shall submit the signage plan to tl
Engineer for review and acceptance.
NOISE: Contractor shall conform to applicable regulations regarding noise, including Ci
of Carlsbad Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
300-1 1.3.4
Where the site of dredging operations fronts public or private property, or is adjacent
utilities or structures, the Contractor shall cooperate and make arrangements with the affectt
property owner so that dredging operation in the vicinity will not interfere with the busine
or use of the affected property owner. The Contractor’s equipment and operations shall 1
such as will not damage said properties and should any damage occur, the Contractor shi
satisfy all claims for same.
300-11.3.5 Interference with Navigation
Boating activity is not allowed in the lagoon during construction, except as necessary f
construction and inspection. The Contractor will notify the Engineer if recreational navigatic
is observed in the lagoon.
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Arrangement with Abutting ProDertv Owners
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300-11.3.6 Pioelines and Cables
GENERAL: The Contractor shall exercise every precaution to prevent the displacemeni
injury, or obstruction of any marine cables, wires carrying electric currents or telephon
service, water, gas, oil, sewer, or other pipes or conduits either submerged or above water i
the area of operations, and shall be held responsible and shall satisfy all claims arising fror
any damage thereto as a result of their operations.
SUBMERGED AND OVERHEAD UTILITIES: The Contractor shall thoroughly researc
and review all records of submerged utilities in the area of operations and contact each know
owner of submerged or overhead pipelines or cables. The City will make available to th
Contractor its record of submerged utilities, but cannot guarantee the conditions existing
Submerged and overhead utilities include, but are not necessarily limited to:
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2. Overhead communication lines and timber poles adjacent to the AT&S
12-inch Southern California Gas Co. gas transmission main in West Basin;
Railroad;
Overhead powerlines in Central and East Basin;
4-inch San Diego Gas & Electric gas line on West Carlsbad Boulevard Bridg
and along beach, to be relocated as indicated on Plans during constructio
3.
4.
1, period;
5.
6.
Telephone line on West Carlsbad Boulevard Bridge and along beach;
Two 24-inch and one 14-inch sewer line on East Carlsbad Boulevard Bridge; 4 7. Ocean outfall pipeline at Encinas Creek Beach; and
I routes.
8. Submerged and overhead utilities along the alternative dredge discharge pipelir!
See Subsection 7-7, Cooperation and Collateral Work, of the Standard Specifications and the:
special provisions for additional procedural data in coordinating with owners of utilities. Th
coordination effort shall be strictly followed.
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I The Contractor, may claim any or all articles of value located at or recovered in dredgir
subject to rightful claims of others.
300-1 1.3.8 Obstructions
If wrecks, logs, snags, or other objects, are encountered within the limits of the dredgir
prescribed herein, the Contractor shall remove the same and dispose of them in approved
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3 Clarif icationt The four-inch high pOly8thylene nettlng on nesting eite E-2 am indicated in Construction Note
4. Clarification: Contraator shall place an additional
shall not b No.9, sheet 4
six-inch layer
50 Add to page 8 of specifications:
aa LAQQXL s
6. Page 2-19, Beotion 206-6.7, second paragraph, line
7. Page 2-13, Section 205-1.4.7, &pike Grid, line out
' with tu";
$-
out IrSL-7Wt and
phone and fax
2, 3, and 4, Section 300-11.3.11, Bid items based on exiating eurvey data,
9. Modify page 6, puantitiee for bid iterne 7, 8, and 51
Item 7 - 90 acra8 Item 8 = 220 acre8 Xtern 9 = 15 acr.8
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such thatt
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Acres Required to Elevations (feet, Meet Permit Classification NGVD) Objectives
Subtidal Below -4.16 148
Intertidal -4.16 to -2.56 204) 144
Low Marsh +1.34 to +2.44
-2.56 to +1.34 12
+2.44 to +2.84 29 69} 98
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Classification Elevations (feet, NGVD) Central Basin Acres
Subtidal Below -4.16 70.8
Intertidal -4.16 to -2.56 3.2
-2.56 to +1.34 10.1
Low Marsh +1.34 to +2.44 13.6
+2.44 to +2.84 1.7
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Classification Elevations (feet, NGVD) East Basin Acres
Subtidal Below -4.16 68.5
Intertidal -4.16 to -2.56 15.5
-2.56 to +1.34 104.4
Low Marsh +1.34 to +2.44 57.2
+2.44 to +2.84 22.2
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Classification Elevations (feet, NGVD) West Basin Acres
Subtidal Below -4.16 7.9
Intertidal -4.16 to -2.56 1.5
-2.56 to +1.34 4.0
Low Marsh +1.34 to +2.44 3.9
+2.44 to +2.84 0.6
DREDGE SEQUENCE: The following dredge sequence description was based on balanc
of material quantities and types of materials to meet the objectives and permit requirement
The following general dredge sequence description is provided for guidance to the Contractc
in developing the dredged plan and schedule. Figures 1 and 2 illustrate the areas that a~
referred to in the description.
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1. Dredge Central Basin (Area D, see Figure 2), except for final grade of
side slopes (Area E, see Figure 2). Dredged material is be deposited on
beach; 343,000 cubic yards of sand is to be deposited at nesting site E-1
location for construction of nesting sites E- 1, E-2, and E-3 and temporary
and permanent access roads.
Complete construction of nesting sites E-1, E-2, and E-3 prior to March
1, 1995. See Subsection 300-12, Least Tern and Snowy Plover Nesting
Sites, of these special provisions.
Dredge Area C in East Basin (east end of East Basin, see Figure 1) and
deposit in Central Basin.
Install wick drains in Central Basin and monitor settlement of material.
See Subsection 213-4, Geotextiles - Wick Drains, and Subsection 300-8,
Geotextiles for Drainage, of these special provisions.
Dredge Area B and side slopes of Area A in East Basin (see Figure 1)
and deposit over Area C material in Central Basin.
Dredge final grade of side slopes in Central Basin (Area E, see Figure
2) and deposit in Central Basin.
Dredge remaining material in Area A in East Basin (west end of East
Basin, see Figure 1) and deposit as Central Basin fill cap.
*9. Dredge West Basin and deposit material at nesting site W-2 location.
*lo. Dredge remaining material in West Basin and deposit material on beach.
Dredging of West Basin may be conducted at any time within the dredging
sequence provided the dredging is conducted within the permit conditions.
2.
3.
4.
5. 0
7.
8.
*
COMMENCE OPERATIONS: The Contractor shall not commence dredging operations unl
the dredging plan and schedule has been reviewed by the Engineer and incorporated into tl
overall construction and progress schedule.
TOLERANCES: Dredging shall be carried to lines and elevations as indicated on the Ph
and as directed by the Engineer within a vertical tolerance of -0.5 443 foot to t-o.5 444 fo(
The Contractor shall not continuously overdredge or underdredge such that the dredge lir
consistently deviates from the lines and elevations indicated on the Plans. The total acres 0
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within the specified elevations shall be within plus or minus 5.0% of the acres specified i
Table 1. If dredging is not within the specified tolerances, than the Contractor shall correc
by either dredging, filling, scraping, dragging or adjusting dredging procedures and plan at tk
direction of the Engineer.
DREDGING ADJACENT TO EXISTING STRUCTURES AND SLOPES: When dredgin
adjacent to existing structures or slopes, caution shall be exercised so as not to overdredge an
endanger the structures or slopes. The Contractor shall be held responsible for any damage t
existing slopes and adjacent structures. Where the slope material or other material outside (
the prescribed limits for dredging is removed or disturbed as a result of the dredging operatio]
said materials shall be repaired or replaced as directed by the Engineer at the Contractor'
expense.
DREDGING UNDER BRIDGES: Prior to dredging under existing bridges, Contractor sha
review the Plans and confirm the available clearance indicated by actual site measuremen
Contractor shall place anchors sized to hold dredge alignment in the currents and wave
moving under the bridges. Anchor lines shall be controlled by winches or capstans that a~
capable of adjusting line tension to maintain dredge alignment during dredging and relocatio
operations.
DREDGING CENTRAL BASIN: The depth and extent of dredging in Central Basin sha
be within the limits indicated on the Plans. The initial dredge cut along the surface of Arc
D (center area of Central Basin, see Figure 1) shall consist of a minimum 5-fOOt deep cu
Table 2 presents the area and elevation requirements for dredging Central Basin to meet tk
total lagoon area requirements indicated on the Plans and on Table 1.
DREDGING AT WEST AND EAST BASIN: The depth and extent of dredging in East an
West Basin shall be within the limits indicated on the Plans. Tables 3 and 4 present the arc
and elevation requirements for dredging Central Basin to meet the total lagoon arc
requirements indicated on the Plans and on Table 1.
RESTRICTIONS: Restrictions on timing of the Work are in Subsection 6-7, Time i
Completion, Subsection 7-5, Permits, and Subsection 7-7, Cooperation and Collateral Worl
and in the permits, agreements and memoranda, included as appendices to the speci,
provisions.
300-11.3.12 Disposal
NESTING SITES: See Subsection 300-12, Least Tern and Snowy Plover Nesting Sites, (
these special provisions, for material requirements for nesting sites. Material may be stockpile
at sites E- 1 , E-2, and E-3 for later use in filling other required fill areas at these sites. Methoc
for accomplishing this shall be submitted to the Engineer for review prior to commencir
stockpiling.
CENTRAL BASIN FILL AND CAP: See Subsection 300-11.3.1. Equipment, of the
special provisions, for disposal equipment requirements for placing the Central Basin fill a
Central Basin fill cap. The following disposal requirements shall be followed:
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1. Dredged material from Area C (east end of East Basin, see Figure 1)
shall be disposed of evenly in Central Basin prior to disposal of material
from any other areas; elevation of fill shall not exceed -1.0 feet NGVD.
Wick drains shall be installed after disposal of material from Area C and
before disposal of material from any other areas. See Subsection 2 13-4,
Geotextiles - Wick Drains and Subsection 300-8, Geotextiles for
Drainage, of these special provisions.
Dredged material from Area B (central area of East Basin, see Figure 1)
shall be disposed of evenly in Central Basin after disposal of material
from Area C and installation of wick drains; elevation of fill shall not
exceed -1.0 feet NGVD.
Any remaining dredged material in Area E (side slopes in Central Basin,
see Figure 2) shall be disposed of evenly in Central Basin after disposal
of material from Areas C and B; elevation of fill shall not exceed -1.0
feet NGVD.
After dredged material from Areas C, B and E have consolidated below
-4.5 feet NGVD, fill may continue in Central Basin. The final fill must
be taken from Area A and is not permitted to exceed -4.16 feet NGVD.
Settlement and consolidation of dredged material from Areas C, B and
E may take from one to six months. Installation of additional wick
drains may be required prior to disposing of material from Area A.
*
2.
3.
4.
5.
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BEACHFILL: The beachfill disposal areas are at Encinas Creek Beach and in the vicini1
of the tidal inlet as indicated on the Plans. Approximately 85% of the total quantity of dredge
beachfill material shall be placed at Encinas Creek Beach and the remaining 15% shall I:
placed in the vicinity of the tidal inlet. The Contractor shall select the dredged disposi
pipeline route and assure that all necessary permits and rights-of-way are secured. Contractc
shall lay pipe between the dredging area(s) and the beachfill areas. Material shall be place
on the beach to the elevations, grades and within the fill areas indicated on the Plan
Contractor shall not park or continuously maintain any equipment on top of the outfall (
Encinas Creek Beach for any length of time. Contractor shall provide a baseline survey of tl
existing condition of the beach prior to placement of beachfill for purposes of establishin
quantity and extent/distribution of dredged beachfill material within the areas indicated on tl
Plans. The Contractor is not responsible for grading the seaward slopes to a specified grac
line, but shall grade vertical scarps that exceed 3 feet. Material shall be evenly distribute
within the areas indicated on the Plans. Contractor shall use placement methods and earthwor
equipment as is necessary to initially achieve the elevations and approximate widths indicate
on the Plans. Contractor shall submit baseline survey of existing conditions of the beac - and beachfill placement plan and methods to the Engineer for review ar
acceptance. Contractor shall submit within 45 days of NTP the dredped disposal pipeline rou
and plan to the Engineer for review and acceDtance. e
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RETENTION DIKE: The Contractor shall provide temporary retention dikes around thl
disposal areas as the fill reaches higher elevations to protect the surrounding areas, as required
to prevent material from flowing behind the pipeline terminus or causing damage to existin!
structures or vegetation.
CONTROL OF DISCHARGE WATER The methods for controlling discharge water anr
water quality shall be the Contractor’s responsibility. Water quality will be monitored ii
accordance with the permit requirements and the Contractor is required to comply. Th Contractor shall submit a plan outlining control of discharge water and monitoring wate
quality to the Engineer for review and acceDtance.
MISPLACED MATERIAL: Any material that escapes or is lost at any time while bein
dredged, loaded or transported, or which is deposited in other than the place designated on th
Plans or approved in writing by the Engineer, shall be removed and shall be redeposited wher
directed by the Engineer at the Contractor’s expense.
300-11.3.13 Inspection
PROGRESS SURVEYS: Contractor shall survey representative cross sections of the dredge
side slopes above -4.16 feet NGVD daily and sub& include the results with the followin
day’s daily report. Contractor shall notify Engineer of time and place of survey and Enginee
may choose to accompany Contractor on survey. Progress survey scale shall be 1 inch40 fee
on a 25-foot by 25-foot horizontal grid unless otherwise directed by the Engineer. A
soundings shall be in feet and tenths reduced to NGVD. Progress survey shall also k
submitted in ASCII format.
CENTRAL BASIN FILL SETTLEMENT SURVEYS: Contractor shall survey the Centr:
Basin at least once per week during and after filling activities through completion c
construction to determine settlement rates and elevations of fill material. Settlement surve
scale shall be 1 inch=40 feet on a 100-foot by 100-foot horizontal grid. All soundings sha
be in feet and tenths reduced to NGVD. Settlement survey shall also be sebiw#& * in ASCI
format. This information shall be transmitted to the Engineer on a weekly basis.
COOPERATION: The Contractor shall have available, at the request of the Engineer, the UI
of survey boat and equipment and personnel as may be necessary in checking and inspectin
the Work. When requested by the Engineer, transportation to and fiom dredge(s) shall 1
furnished by the Contractor.
300-11.3.14
FINAL SURVEY: A final survey for pay items at completion of dredging in each basin, wi
be made by the Engineer over the entire area dredged. The Contractor’s survey representativ
shall be present to observe final survey. Should any shoals, humps, or other areas of depth nc
within tolerance be disclosed by the final survey, the Contractor shall remove them by draggin
or dredging or filling the bottom with material acceptable to the Engineer at the Contractor
expense. The survey will then be repeated at Contractor’s cost.
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ACCEPTANCE:
obtained and the following Work is done by locations:
Acceptance of Work will be when the areas indicated in Table 1 ar 0
1. Central Basin. Dredging of Central Basin shall be accepted when the
final survey shows the slopes and channels have been dredged to the
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[This page printed for continuity only.]
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lines and elevations indicated on the Plans, the acreages at the specified
elevations have been obtained, and the material disposed to the locations
and lines and elevations as indicated in these Plans and special
provisions.
East Basin. Dredging of the East Basin shall be accepted when the final survey shows the slopes and channels have been dredged to the lines and
elevations indicated on the Plan, the acreages at the specified elevations
have been obtained, and the material disposed to the locations and lines
and elevations as indicated in these Plans and special provisions.
3. West Basin. Dredging of the West Basin shall be accepted when the
final survey shows the slopes and channels have been dredged to the
lines and elevations indicated on the Plans, the acreages at the specified
elevations have been obtained, and the material disposed to the locations
and lines and elevations as indicated in these Plans and special
provisions.
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COMPLETION: Upon Acceptance of the Work as described above, the Contractor sha
remove all equipment and appliances, including buoys, piles, gauge piles, ranges, and pipeline
used in the Work. The construction area and any streets or property, including disposal are2
used in connection with the dredging and fill operation shall be cleared of all obstructions an
left in as good a condition as existed prior to commencing the Work.
REMOVAL OF TIDAL INLET DIKE: The tidal inlet dike shall be removed at the directio
of the Engineer after all bridge work has been completed. The Contractor shall prepare tl
method and procedure to remove the inlet dike. The Contractor shall submit the tidal inli
dike removal plan, with backup data and calculations, to the Engineer for review an
acceptance. The inlet opening plan will include removing the dike at a controlled water levi
relative to neap tide conditions and minimal wave activity.
300-11.3.15 Measurement and Payment .
MEASUREMENT: Measurement for dredging will be by areas in Table 1 at +2.44 fe
NGVD and below and by volume in Area I'D" indicated in Figure 2, measured within toleranc
at the specified elevations to meet project requirements. Areas at specified elevations will 1
determined by the Engineer by taking soundings after dredging, plotting the soundings as cros
sections, comparing the dredged cross-sections with the specified lines and grades, and 1
multiplying the horizontal length along the cross-section that is within tolerance by the averag
distance between cross-sections within specified elevations. Volume of dredged material WI
be determined by the Engineer by taking soundings before and after dredging, plotting tl
soundings as cross-sections, calculating the average end area of cross-sections, and multiplyir
the average end area by the distance between cross-sections. For purposes of progrei
payments, progress surveys will be used. For purposes of final payment, final surveys will 1
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DREDGING LOCATION
343,000 cy from Area D in Central Basin (see Figure 2)
Area D in Central Basin (except for 343,000 cy)
Side Slopes in Central Basin (Area E, and fill in
Area D)
East Basin (Areas A, B and C, see Figure 1)
West Basin
PAYMENT METHOD
Per Cubic Yard
Per Cubic Yard
Per Acre
Per Acre
Per Acre
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Full compensation for removal and disposal of debris and obstructions including: the Souther
California Gas Companv 12-inch line gas line and piles in the West basin will be considere
as included in the contract item price paid for dredging the applicable lagoon basin and n
separate payment will be made therefor. As a guideline, removal of nonhazardous items le5
than 5 feet in its largest dimension will be removed bv the Contractor at no additional cos
The Contractor will remove UP to ten obiects with dimensions between 5 feet and 40 feet, suc
as car bodies or small boats. at no additional cost.
Full compensation for movement of equipment to obtain acceptable nesting site fill materiz
will be considered as included in the contract item price paid for dredging the applicabl
lagoon basin and no separate payment will be made therefor.
Full compensation for securing the necessary rights-of-way for the dredge disposal pipeline an
the installation and removal of the pipeline will be considered as included in the contract itei
price paid for dredging the applicable lagoon basin and no separate payment will be mad
therefor.
Full compensation for constructing and leveling dunes for beachfill and constructing retentio
dikes will be considered as included in the contract item price paid for dredging the applicabl
lagoon basin and no separate payment will be made therefor.
Full compensation for operating and maintaining survey and positioning system will t
considered as included in the contract item price paid for dredging the applicable lagoon basi
and no separate payment will be made therefor. Gauges, range-lights, buoys and other surve
markings displaced, defaced or otherwise rendered inaccurate or unusable shall be restored b
the Contractor as directed by the Engineer, at the Contractor’s expense.
Full compensation for removal of equipment and completion of dredging as defined i
Subsection 300-11.3.14 will be considered as included in the lump sum amount fc
mobilization and demobilization and no separate payment will be made therefor.
VARIATION IN ESTIMATED QUANTITIES: Where the quantity of a contract pay itei
in this contract is an estimated quantity and where the actual pay quantity of material withi
the required dredging prism, including side slopes, varies more than 15% above or below tl-
stated estimated quantity within the required dredging prism, an equitable adjustment in tf
contract unit price will be made upon demand of either party. The equitable adjustment wi
be based upon any increase or decrease in costs due solely to the variations above 11 5% (
below 85% of the estimated quantity within the required dredging prism. If either parl
requests such an equitable adjustment, Contractor shall immediately provide Engineer in deta
all information it has to show how its costs changed as a result of a variance in the dredg
quantity by more than 15%. City shall have no obligation to make an equitable adjustmer
until Contractor has provided the information Engineer requests. The Variation in Estimate
Quantities clause only applies to the contract unit priced items for dredging.
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on nesting eite E-2 am indicated in Construction Note No.9, sheet 4
5. Add to page 8 of specification@:
23 - 8-w
0 6, Page 2-19, Seotion 206-6,7, second paragraph, line with '-'I;
7, Page 2-13, Section 205-1,4.7, Gpike Grid, line out and replace with 510 - 887 .. 850Q and m " €187- I ,
8. Clarification: The intent of the contract is to pay
9 far acres actually developed by the contractor
$-
sit trSL-713" and
phone and fa%
in bid items 7 by either dl
reepeqtlvely.
based on existing survey data.
9. Modify page 6, quantitiee for bid items 7, 8, and St
Item 7 - 90 acra8 Item 8 - 220 acre6 Item 9 = 15 acres
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300-12
300-12.1 Summary
Sites must be constructed to provide nesting and fledgling habitat for the California least ten
a federal and state endangered bird, and the western snowy plover, a federal threatened specie!
LEAST TERN AND SNOWY PLOVER NESTING SITES 0
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3-23a 9
10. In response to permit requirements, Section 300-12.1 shall include the
following requirements: "Dredge material shall not be placed in designated
least tern and snowy plover nesting sites during the nesting season or in any
and all areas in which they are found or observed to be nesting."
Reference Page 28 of the Contract Documents regarding the LABOR AND
MATERIALS BOND. Line 18 shall be changed to read:
..... "Los Angeles in the total sum of
Reference Page 30 of the Contract Documents regarding the FAITHFUL
PERFORMANCE/WARRANTY BOND. Line 14 shall be changed to read:
.....I' Los Angeles ("Cities"), in the total sum of
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currently using the Batiquitos Lagoon. Suitable nesting sites are barren sandy ground arei
above tidal influence.
Contractor shall be aware of special permit conditions pertaining to this activity pursuant i
U.S. Army Corps of Engineers Permit No. 88-217-EW and California Coastal Commissio
Application No. 6-90-219 and the mitigation measures in the Final EIFUEIS.
300-12.2 Location
Five nesting sites are to be constructed at locations indicated on the Plans.
Nesting sites and the acreages at completion of construction [at elevation t-7.0 feet MLL\
(+4.44 feet NGVD)] are designated as follows:
W-1 (2.1 acres) ..................................... North of inlet channe
(by others) east of Carlsbad Blt
W-2 (5.2 acres) ........ : ............................ South of inlet channe
east of Carlsbad Blt
E-1 (19.1 acres) ................................. North of Park and Ride 10
west of I-
................................. Northeast side of East Basi
East end of East Basj
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E-2 (8.6 acres)
E-3 (4.4 acres)
300-12.3 Construction Phasing
Nesting site W-1 is to be constructed by others prior to the first nesting season precedin
dredging. A minimum of twenty acres of nesting sites shall be constructed, and approved 1
the Engineer, for nesting prior to March 1 following the first season of construction; nestir
sites to be constructed include E-1, E-2, E-3 and W-1 . Nesting site W-2 shall be constructe
at the time of dredging in the West Basin. No construction on each nest site shall take plac
between March 1 and September 15 of each year, unless approved by Engineer.
300-12.4 Construction Materials
.....................................
B 300-12.4.1 Base Material
The base material for the nesting area construction shall be clean dredged sandy materi,
removed from the lagoon during the dredging process, with the exception of site W-1 whic
shall be constructed by others on an existing upland area. Dredged material shall be place
to a minimum relative compaction of 85%. During drying, if cracking occurs, the ba
material shall be graded or repaired by mixing in additional sand to eliminate surface crevice I 3-24 i
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300-12.4.2 Surface Material
Surface material for nesting sites W-2, E-1, E-2, and E-3 shall consist of coarse, light colore
sand with scattered shell fragments. The ideal mixture will contain 80% coarse sand and 20'
shell fragments. Under no circumstances, shall the silt/clay fraction be greater than 50% or tl
sand fraction less than 40%. Surface material shall be free of viable weed seeds, organ
matter, and dark materials. Selected material dredged from the lagoon will meet the:
requirements for surface material.
The sand material specified in Subsection 200-1.5, Sand, of these special provisions, shall 1
used for surface material for site W-l(by others). The surface material for W-1 shall be frc
of seeds and vegetation.
300-12.4.3
Weed barrier shall be a flexible, high strength, permeable, point bonded, spun bowl
nonwoven, polypropylene fabric designed for use as a landscape weed barrier. The proje
design is based on Mirafi Mirascape available from Mirafi, 22672 Lambert Street, Suite 60
Lake Forest, California, 92630; Telephone (714) 859-8984, Fax (714) 859-1841.
The Contractor shall submit a Certificate of Compliance attesting that the proposed materi
complies with the specified requirements. This certificate must be signed by an officer of tl
manufacturing firm. The Contractor shall submit 3 one-square foot samples to the Enginee
Do not purchase the material until directed by Engineer.
300-12.5 Construction
300-12.5.1 Elevation
The nesting area of the sites shall be nearly flat with the highest elevation in the center a.~
sloping down to the edge of the nesting area as indicated on the Plans. Base material shall 1
placed and contoured to prevent any ponding of water on the base material that may encourai
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Weed Barrier - Site W-1 (by others)
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300-12.5.2 Side Slopes
Side slopes shall be graded as indicated on the Plans. Grading shall be completed to avo
formation of rivulets and rills that may increase erosion of the slopes.
300-12.5.3
Prior to placing the surface material at site W-1, the site shall be leveled to remove all abru
discontinuities, sharp or pointed objects and miscellaneous debris that could damage the wet
barrier. Surface preparation shall be approved in writing by the manufacturer's representatiy
prior to placement of the weed barrier. The original letter of acceptance shall be submitted
the Engineer.
Weed Barrier Placement - Site W-1 (by others)
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Placement of the weed barrier shall be supervised by the manufacturer’s representative. Th
weed barrier placement must be acceuted qpiwwd by the Engineer prior to placing the surfac
material. The Contractor shall notify the Engineer 48 hours in advance of the inspection dai
and time.
300-12.5.4 Depth of Surface Material
The surface material for nesting sites W-2, E-1, E-2 and E-3, specified in Subsection 300-12.~
Construction Materials, of these special provisions, shall be placed to a depth of at least on
foot to achieve the final surface elevation. Material shall be placed to provide a final slop
from the center of the nesting area to the edges as indicated on the Plans. Where fencing
specified on the nest site, the surface material shall be placed to bury the lower 1 foot of tk
fence. Surface material shall extend at least 5 feet from the bottom of the fence.
300-12.5.5 Preuaration of Surface Material
After the sand is placed, it shall be compacted to 85% relative density and raked to a uniforr
plane. No organic matter (with the exception of natural shell material) or dark materials sha
be left on the surface.
300-12.5.6 Access Roads
Permanent Access Roads
Permanent access roads to support light-duty trucks and maintenance vehicles shall b
constructed to four of the nesting areas as indicated on the Plans. Material used for acces
roads shall be placed to a minimum relative compaction of 90%.
Temporary Access Roads
Temporary access roads shall be constructed to nesting areas E-2 and E-3 as indicated on th
Plans. The temporary roads shall provide the Contractor access to these nesting areas and shal
be constructed to allow for construction access. The roads shall avoid impacts to saltmarsl
vegetation. The location and plan for the access roads shall be submitted to the Enginee
~~ . The site of th temporary roads shall be restored to preconstruction conditions upon the completion of a
Work.
300-12.6 Environmental Protection Measures
300-12.6.1 Avoidance of Saltmarsh Vegetation
The Contractor shall avoid, where possible, all saltmarsh vegetation outside of the base of th
nesting area. Where vegetation must be impacted for the construction of the nesting area, th
Contractor shall verify the loss of saltmarsh vegetation with the Engineer and include thi
acreage within the revegetation program (See Subsection 308-9, Saltmarsh Mitigation Plan, c
these special provisions).
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300-12.6.2 Avoidance of Nesting: Areas for Beldinp’s Savannah SDarrow
Activities taking place during the nesting season of Belding’s savannah sparrows (March 1
through August 15) shall not occur within 100 feet of saltmarsh vegetation capable c
supporting breeding or nesting savannah sparrows, as identified by the Engineer.
300-12.6.3
The Contractor shall be responsible for assuring that all base and surface materials used in th
construction of the nesting sites and access roads are free of contaminants, including but nc
limited to chemicals, hazardous waste, asphalt, concrete rubble, oils, grease, and non-native so
materials.
300-12.6.4 Avoidance of Mudwaves
The Contractor shall be responsible for the repair of mudwaves formed during construction (
the nesting areas to the acceptance of the Engineer.
300-12.6.5
The Contractor shall be responsible for restoration, to former condition, of all temporary acce:
roads and storage facilities used to construct the nesting areas. Restoration, in this case, is
return to the former elevation and condition, including vegetation prior to access rol
construction.
300-12.6.6
Nesting areas constructed by the Contractor may be used for temporary construction relate
uses during the period of September 16th to February 15th of each construction seas01
Contractor shall return the site to the specified conditions for suitable nesting habitat no latl
than February 15th. The Engineer will inspect the site and require repairs and/or clean-up,
necessary, to return the site to suitable conditions. The Contractor shall be responsible fc
implementation of all cleanup, hazardous waste remedial actions, and any other maintenanc
measures as deemed necessary by the Engineer by March 1.
No Contamination of Base or Surface Material
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Restoration of TemDorarv Access Road
Use of Nesting Areas for TemDorarv Construction Related Activities
I 300-12.6.7 Coordination with Engineer
I The Contractor shall coordinate all work with the Engineer assigned to monitor the nestii
areas and foraging activity during the duration of construction.
300-12.6.8 Training of Workers
The Contractor shall provide one hour for all employees engaged in construction activities I
the lagoon to be trained by the Engineer in the recognition of least terns and snowy plovc
and their nests; actions to be taken if least terns and snowy plovers are observed
construction areas; and control of trash. All new employees brought on the work site duri
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construction shall also receive one hour of training. No children, other unauthorized peopl
dogs, cats, and other pets shall be permitted on the work site.
300-12.7 Fencing
The location of fencing adjacent to the nesting areas is indicated on the Plans. All locatior
except for the Park and Ride lot represent new fencing at new locations. The existing fen(
at the Park and Ride lot shall be removed and new fencing, indicated on the Plans, shall 1:
installed.
Detailed specifications for fencing are in Subsection 206-6, Chain Link Fence and Subsectia
304-3, Chain Link Fence, of these special provisions.
300-12.8 P avm en t
The lump sum price paid for the nesting sites shall be full compensation for furnishing 2
labor, materials, tools, equipment. and incidentals and for doing all the Work involved
constructing the nesting sites, including fences, gates, training of workers, and articulate
concrete block mat (ABM), complete in place, as indicated on the Plans, as specified in tl
Standard Specifications and these special provisions, and as directed by the Engineer.
Full compensation for work identified for nesting site W-1 by others, as indicated on the Plan
is not part of this contract and no separate payment will be made therefor.
Full compensation for clearing and grubbing of the nesting sites will be considered as includc
in the lump sum price paid for clearing and grubbing and no separate payment will be ma(
therefor.
Full compensation for furnishing and installing the rock revetment at nesting site W-1 will 1
considered as included in the lump sum price paid for the tidal inlet and no separate payme:
will be made therefor.
Full compensation for furnishing and installing fill, including grading and compaction, fi
nesting sites W-2, E-1, E-2, and E-3 and temporary and permanent access roads, and remov
of temporary access roads will be considered as included in the contract item price paid f
dredging the applicable lagoon basin and no separate payment will be made therefor.
Full compensation for restoring nesting areas used for temporary construction related uses w
be considered as included in the lump sum price paid for mobilization and preparatory wor
and demobilization and no separate payment will be made therefor.
Full compensation for furnishing and installing culverts under access roads will be considen
as included in the lump sum price paid for culverts and no separate payment will be ma(
therefor.
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300-13 ROCWSTONE AND GEOTEXTILE PLACEMENT
300-13.1 General
Rock and geotextile placement consists of preparing subgrade, placing geotextiles and placin
rock of the types. and sizes, and at the locations indicated on the Plans.
The slopes and elevations of stone materials indicated on the Plans are to be interpreted i
irregular surfaces. The material shall be placed to the nominal thickness indicated on tl
Plans. Tolerance in the grade lines, except for jetty construction, should not deviate more th
plus or minus 0.50 foot, from the lines indicated on the Plans. Tolerance in the grade lines fi
the jetties should not deviate more than plus 1.0 foot or minus 0.50 foot, from the linc
indicated on the Plans. Where additional material is required to meet the tolerance, tl
Contractor shall use the largest stone of that type material to correct the section. Contract(
shall submit a method of placement plan to the Engineer and receive approval of that plan pric
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300-13.2 Placement (Method A1
A footing trench shall be excavated along the toe of the slope or boundary of the placemei
area as indicated on the Plans. The larger rocks shall be placed in the footing trench. TI
outermost layer of rocks shall be placed with their longitudinal axis normal to the embankmei
face. All rocks above the foundation course shall be placed with a three point bearing on tl
underlying rocks. The foundation course is defined as the course placed in contact with tl
ground surface or geotextile. Placing rock by dumping will not be allowed. Local surfac
irregularities shall not vary from the planned slope by more than one foot, measured at rig
@
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I Method A placement shall be used for all rock with an individual weight in excess of 5(
pounds, and for all surface course rock with an individual weight in excess of 200 pounds.
300-13.3 Placement (Method B)
A footing trench shall be excavated along the toe of the slope or boundary of the placeme
area as indicated on the Plans. Rocks shall be placed to provide a minimum of voids and tl
larger rocks shall be placed in the toe course and on the outside surface. The rock may 1
placed by dumping and may be spread with earth moving equipment. Local surfac
irregularities shall not vary from the planned slope by more than one foot, measured at rig
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Method B placement shall be used when Method A does not apply.
300-13.4 Geotextile Placement
Geotextile placement shall conform to the provisions in Subsection 300-9, Geotextiles f
Erosion Control, of the Standard Specifications and these special provisions. 1 3-29 E
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300-13.5 Payment
Full compensation for furnishing and installing rocMstone and geotextile will be considered i
included in the applicable bid items and no separate payment will be made therefor.
300-14 JETTY CONSTRUCTION
300-14.1 General
Jetty construction consists of earthwork subgrade preparation, geotextile placement, roc
placement and concrete seal construction from the west end of the jetties to the west limit (
the West Carlsbad Boulevard Bridge identified as work "by others," includin
excavatioddredging for construction of jetties.
300-14.2 RocWStone and Geotextile Placement
Rock/stone and geotextile placement shall conform to Subsection 300-1 3, RocWStone ar
Geotextile Placement, of these special provisions. Rock along the jetty crest shall be place
to create a flat surface acceptable to the Engineer. Contractor shall submit within 45 days ( m j etty construction sequence, rocMstone and geotextile placement methods, and equipme1
list to the Engineer for review and acceptance.
300-14.3 Concrete Seal
The Contractor shall construct a concrete seal, as indicated on the Plans, to prevent tlr
migration of cobbles through the jetty voids above -2.5 feet NGVD. Concrete seal constructio
shall conform to the Plans and Subsection 201-1, Portland Cement Concrete, and Subsectio
303-1, Concrete Structures, of the Standard Specifications and these special provisions. Tl-
concrete seal shall be minimum one foot thick with minimal leakage of concrete durin
construction. Contractor shall submit the mix design, method of construction and constructio
plans to the Engineer for review and acceptance.
300-14.4 Paym en t
The lump sum price paid for the jetty construction shall be full compensation for funishin
all labor, materials, tools, equipment, and incidentals and for doing all the Work involved 1
constructing the jetties, complete in place, as indicated on the Plans, as specified in tl
Standard Specifications and these special provisions and as directed by the Engineer.
300-15 ROCK CHANNEL LINING
300-15.1 General
Rock channel lining consists of earthwork, dredging, subgrade preparation, geotextil
placement, and rock placement.
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300-15.2 RocWStone and Geotextile Placement
Rock and geotextile placement shall conform to Subsection 300-1 3, RocWStone and Geotextil
Placement, of these special provisions.
300-15.3 Pavm en t
Full compensation for furnishing and installing the rock channel lining will be considered i
included in the applicable bid items and no separate payment will be made therefor.
300-16 TIDAL INLET
300-16.1 General
Tidal inlet consists of earthwork, dredging, construction, maintenance and removal of tidal in11
dike, rock channel lining and rock slope protection along channel and nesting site W-1, wii
the exception of all work identified as West Carlsbad Boulevard Bridge and East Carlsba
Boulevard Bridge work by others, and between West and East Carlsbad Boulevard bridge!
including the rock channel lining and rock slope protection.
300-16.2 Pavment
The lump sum price paid for the tidal inlet shall be full compensation for furnishing all lab0
materials, tools, equipment, and incidentals and for doing all the Work involved in constructin
the tidal inlet, complete in place, as indicated on the Plans, as specified in the Standar
Specifications and these special provisions and as directed by the Engineer.
The lump sum price paid for Dredge and Construct Tidal Inlet Channel Between WCB Bridp
and ECB Bridge (Bid Item 22) shall be full compensation for furnishing all labor, material!
tools, eauipment and incidentals and for doing all the Work involved in constructing the tidi
inlet between the bridges, $. .I complete in place, i
indicated on the Plans. as specified in the Standard Specifications and these special provisior
and as directed bv the Engineer
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Work identified as West Carlsbad Boulevard Bridge and East Carlsbad Boulevard Bridge wor
by others is not part of this contract and no separate payment will be made therefor.
300-17 MODIFICATIONS AT 1-5 BRIDGE
300-17.1 General
Modifications at 1-5 Bridge consists of dredging, earthwork, rock channel lining, and rock slor
protection. 0
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300-1 7.2 Payment
The lump sum price paid for modifications at 1-5 Bridge shall be full compensation fi
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the WOI
involved in constructing the modifications, complete in place, as indicated on the Plans,
specified in the Standard Specifications and these special provisions and as directed by tl
Engineer.
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300-18
300-18.1 General
The West Carlsbad Boulevard optional revetment consists of earthwork, subgrade preparatioi
geotextile placement, and rock placement. Start of construction of revetment is subject *
receipt of separate permit from California Coastal Commission to be obtained by City.
300-18.2 RocWStone and Geotextile Placement
Rock and geotextile placement shall conform to Subsection 300-1 3, RocMStone and Geotexti
Placement, of these special provisions.
300-18.3 Pavmen t
The lump sum price paid for the West Carlsbad Boulevard optional revetment shall be fu
compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doin
all the Work involved in constructing the revetment, complete in place, as indicated on tl
Plans, as specified in the Standard Specifications and these special provisions and as directe
by the Engineer.
WEST CARLSBAD BOULEVARD OPTIONAL REVETMENT 0
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
0 Modify Section 303 of Standard Specifications as follows:
303-4 MASONRY CONSTRUCTION
To Subsection 303-4, Masonry Construction, add:
303-4.3 ARTICULATED CONCRETE BLOCK MAT (ABM)
303-4.3.1 Prepare Foundation
Areas on which geotextile material and Articulated Concrete Block Mat (ABM) are to 1
placed shall be to the lines and grades indicated on the Plans and accepted appwved by tl:
Engineer. Installation of ABM shall be coordinated with construction of nesting site W-2.
The slope shall be graded to a smooth plane surface to ensure that intimate contact is achieve
between the slope face and the geotextile, and between the entire bottom surface of the AB1
and the geotextile. All slope deformities, roots, grade stakes, and stones which project fro1
slope face by more than 1 inch in height normal to the slope face must be regraded (
removed. No holes, footprints, or other similar voids greater than 1.0 inch in depth normal 1
the slope face will be allowed. No grooves or depressions greater than 0.5 inch in deptl
normal to the slope face exceeding 1.0 foot in any direction will be allowed. Where such are:
are evident, they shall be brought to grade by placing compacted sandy material. The slol
and slope face shall be uniformly compacted, to not less than 95 percent relative density. 0
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Excavation and preparation for anchor trenches, side trenches, and toe trenches or aprons sha
be done to the lines, grades and dimensions in accordance with the contract plans. The anchc
trench hinge-point at the top of the slope shall be uniformly graded so that no dips or bum1
greater than 0.5 inch over or under the indicated grade occur. The width of the anchor trenc
hinge-point shall also be graded uniformly to assure intimate contact between all ABM bloc1
and the underlying materials at the hinge-point.
Immediately prior to placing the geotextile and ABM, the prepared area shall be inspected t
the Engineer and by the ABM manufacturer's representative. No fabric or mats shall be place
until the prepared area has been accepted by each of these parties.
303-4.3.2 Placement of Geotextile
Geotextile, as specified in Subsection 213-3, Geotextiles - Stone Construction and ABM Si01
Protection, shall be placed within the limits indicated on the Plans.
Place the geotextile directly on the prepared area, in intimate contact with the subgrade, frc
of folds or wrinkles. The geotextile shall not be walked on or otherwise disturbed if the rest
will be a loss of intimate contract between the ABM and the geotextile or between tl
geotextile and the subgrade. The geotextile shall be placed so that the upstream strip of fabr
overlaps 36 inches of the downstream strip. The longitudinal and transverse joints shall 1
overlapped at least beyond the top and bottom revetment termination points. The top lap edl
of the geotextile should not occur in the same location as a space between the ABM unless t'
space is concrete filled.
303-4.3.3 Placement of Articulated Concrete Block Mats (ABM)
ABM, shall be placed within lines and grades indicated on the Plans.
ABM shall be placed on the geotextile in a manner that produces a smooth plane surface a
intimate contact with the geotextile. No individual block within the plane of placed mats shi
protrude more than one-half inch or as otherwise specified by the Engineer. To ensure that t
blocks within the ABM are flush and develop intimate contact with the subgrade, the bloc
shall be "seated" with a roller or other means acceptable to the manufacturer and the Enginee
The ABM shall be attached to a spreader bar or other accepted device to aid in the lifting a
placing of the mats in their proper position by a crane or other manufacturer approvl
equipment. The equipment used shall have adequate capacity to place the mats witho
damaging the underlying fabric. The mats shall be placed so that adjacent mats abut with ea
other, and can be interconnected as indicated on the Plans. Mat seams or openings betwe1
mats greater than 2 inches shall be filled with grout. The grout shall be either a 560-D-32.
or 660-E-3250P concrete mix, as determined by the Engineer.
Anchor trenches and side trenches shall be backfilled and compacted flush with the top oft
mats. The integrity of a soil trench backfill must be maintained to ensure a surface that
flush with the top surface of the ABM for their entire service life. Toe trenches shall
backfilled as indicated on the Plans. Backfilling and compaction of trenches shall
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completed in a timely manner. No more than 100 linear feet of mats, measured perpendicula
to the slope, shall be placed without completing the anchor and/or toe trenches.
The ceIls or openings in the cellular concrete mats shall be backfilled and compactec
immediately with gravel to ensure that there are no voids and so that compacted materiz
extends from the geotextile to one-inch above the surface of the ABM. Backfilling an
compaction shall be completed in a timely manner such that no more than 100 linear feet c
exposed mats, measured perpendicular to the slope, exist at any time.
Contractor shall submit the construction sequence, placement methods and equipment list t
the Engineer for review and acceptance.
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1 Full compensation for furnishing and installing ABM will be considered as included in th
lump sum price paid for nesting site W-2 and no separate payment will be made therefor.
SECTION 304 - METAL FABRICATION AND CONSTRUCTION
Modify Section 304 of Standard Specifications as follows:
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II 304-3 CHAIN LINK FENCE
Modify Subsection 304-3, Chain Link Fence, as follows:
304-3.1 General
Subsection 304-3, Chain Link Fence, of the Standard Specifications does not apply to tl
construction of chain link fence on this project. Construction of chain link fence shall confor
to the provisions in these special provisions.
304-3.2
Line posts shall be spaced at not more than 10-foot intervals, measured from center to cent
of posts. In general, in determining the post spacing, measurement will be made parallel
the slope of the natural ground, and all posts shall be placed in a vertical position, except
unusual locations, where directed by the Engineer, the posts shall be set perpendicular to t
ground surface.
All posts shall be set in concrete footings conforming to the details indicated on the plans a
crowned at the top to shed water.
End, latch, and comer posts shall be braced to the nearest line post. At the Contractor’s opti
bracing shall be accomplished either with diagonal braces used as compression members
with horizontal braces used as compression members and 3/8 inch steel truss rods used
tension members. Gate posts shall be braced to the nearest line post with a horizontal brz
used as a compression member and 3/8 inch steel truss rods as tension members. Each 1
Construction of General Use Fence
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inch steel truss rod shall be equipped with a turnbuckle or truss tightener with tensile strend
equal to the truss rod. Line posts shall be braced horizontally and trussed in both direction:
at intervals not to exceed 1,000 feet, except that this bracing and trussing may be omitted whei
the fabric is installed by stretching with equipment.
Chain link fabric shall be fastened on the side of the posts designated by the Engineer.
The fabric shall be stretched and securely fastened to the posts, and between posts the top an1
bottom edges of the fabric shall be fastened to the tension wire. Tension wires shall b
stretched tight. The bottom tension wire shall be installed on a straight grade between post
by excavating the high points of ground and in no case will filling of depressions be permitted
The fabric shall be fastened to end, latch, corner, and gate posts with 1/4 inch by 3/4 incl
stretcher bars and not less than 1/8 inch by 3/4 inch stretcher bar bands spaced one foo
intervals. The fabric shall be fastened to line posts with tie wires or post clips and to tensioi
wires with tie wires or hog rings. The fasteners shall be spaced at approximately 14 inche
on line posts and at approximately 18 inches on tension wire. Wire ties shall be given at lea!
one complete turn. Hog rings shall be closed with ends overlapping. The tension wires sha
be wrapped around terminal posts. The distance from the top of the fabric to the top tensio
wire shall be 2 inches maximum.
In lieu of using stretcher bars and bar bands, the fabric may be fastened to the end and corne
posts by threading through loops formed on the posts.
Surplus excavated material remaining after the fence has been constructed shall be dispose
of in a manner accepted by the Engineer.
304-3.3
The fence should be constructed by an experienced and qualified fence contractor.
Fence posts shall be placed a maximum 10 feet apart on center. Each fence post shall t
placed in a post hole excavated in the compacted substrate. All post holes shall be not le!
than 42 inches deep and 18 inches in diameter, or as indicated on the Plans. The posts w-
be placed in a concrete footing and the concrete will extend three inches below the end oft
post. Fencing will be attached flush to the top of the posts and drawn taunt. Where specifie
the polyethylene netting will be attached on the lower 4 feet of the chain-link fence with zi
ties spaced approximately one foot on center.
Construct the fence so that the bottom one foot is buried giving the fence a finished height
7 feet (84 inches) above the finished ground.
At nesting site W-1 (by others) where the polyethylene netting extends past the chain lii
fence, and at nesting site E-2, the polyethylene netting shall be installed as a separate fenc
at the location indicated on the Plans. This fence shall consist of 1-inch by 2-inch by 6-fc
long redwood stakes driven 2-feet into the soil. Stakes shall not be more than 4-feet on cent(
These stakes shall be plumb within 1/2-inch. Polyethylene netting shall be secured to t
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Construction of NestinF Site Fence 1
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stakes with zip-ties spaced approximately one foot on center. Installed polyethylene nettin; shall not sag more than 1/4-inch between stakes, in any direction.
304-3.4 Pavment
Full compensation for general use fence will be considered as included in the applicable bi
items and no separate payment will be made therefor.
Full compensation for construct chain link fence, gates and polyethylene netting for nestin
sites will be considered as included in the lump sum price paid for each nesting site and n
separate payment will be made therefor.
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SECTION 305 - PILE DRIVING AND TIMBER CONSTRUCTION
Modify Section 305 of Standard Specifications as follows:
305-2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION
To Subsection 305-2, Timber Structures and Timber Construction, add:
305-2.7
305-2.7.1 General
Modifications to the AT&SF railroad trestlehridge shall conform to the provisions in Chaptt
7, Timber Structures, of the American Railway Engineering Association (AREA), Manual fc
Railway Engineering, the provisions in Subsection 305-2, Timber Structures and Timbc
construction, of the Standard Specifications, both as modified by the standard specificatior
of the AT&SF Railway.
305-2.7.2 Pavment
The lump sum price paid for modifications to and at AT&SF railroad trestlehridge shall t
full compensation for furnishing all labor, materials, tools, equipment, and incidentals and f
doing all the Work involved in constructing modifications to and at AT&SF railroi
trestlehridge including earthwork, pile wrapping, dredging, rock channel lining, and rock slol
protection complete in place, as indicated on the Plans, as specified in the Standa
Specifications and these special provisions and as directed by the Engineer.
305-2.8 Polvethvlene P * Pile and Timber Wrar,
305-2.8.1 General
The Contractor shall furnish all materials, tools, equipment, and shall perform all labor requirf
to complete the installation of polyethylene and polyvinyl chloride covers on existing timh
piles, timber structure, signal-communication poles, and other related items as specified here
and as indicated on the Plans.
Modifications To and At AT&SF Railroad Bridgemrestle
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305-2.8.2
Locations - Piles and timber to be wrapped shall be as indicated.
Cleaning and surface preparation - The entire surface of each pile, pole and timber shall 1
thoroughly cleaned for the entire length that is to be covered. This cleaning does not requi
the removal of surface growths from cavities or other indentations that do not come in conta
with the covering; but does require removal of all surface projections such as nails, bolts, lari
splinters, fouling organisms, and other surface conditions that would either penetrate the cove
or cause undue deformation. Cleaning operations may be done manually or with hand-he
mechanized equipment. It is not necessary to remove minor surface bumps or other simil
unevenness, provided these are smooth. Any depressions of longitudinal cracks in the pi1
at the top and bottom terminations of the covers that make it difficult or impossible to atta
an effective seal shall be filled with a material accepted qqxeved by the Engineer.
Creosoted piling fi * shall first be covered with
20 mil polyethylene fertl. membrane between the pile surface and the polyethylene pe-lyk
ehkde cover. The polyethylene membrane shall be wide enough to encircle the pile with
minimum 6-inch overlap. The edges - shall be secured s&p€ed to the pi
at 12-inch vertical intervals, and at 3-inch intervals along the top and bottom edges 1
aluminum nails.
Polyethylene pile covers shall be installed on existing bearing, batter and fender piles as shov
on the drawings. Dig bottom seal craters in sand to form sand seal. The pipe shall be sp
lonpitudinally with one edge havinp pre-drilled nail holes at 6 inch spacing;, (this edge is (
the outside at the overlauuing longitudinal joint). One-half inch by two inch foam seals.
shown on the drawings shall be attached to the polvethylene by means of an adhesive to ho
the foam in place during installation. The use of heavv duty web-belt ratcheting tools or ext
heavy banding tools in order to circumferentiallv draw tight the polyethylene covers
required. The covers shall be drawn up tight, held snug and nailed to the piles, insuring a tie
longitudinal joint free of fishmouths between nails. Additional nailing will be required at t
joint where the gap exceeds one-eighth of an inch.
Seals shall be installed where indicated. The seal shall be installed first to ensure the botta
seal is against the wood rather than on the surface of the submerged wrapped section. T
cover shall be installed to provide an intimate contact of the sheet with the pile for the fi
length. After the wrap is fastened in final position, the foam seal shall extend 1/2 inch OW
the top and bottom edges of the unit to prevent the formation of a water pool. The foam sh
be tightly compressed to approximately l/S-inch thickness by the application of 50
aluminum-alloy bands. The bands shall be placed as indicated. An aluminum-alloy clip sh
be installed at the overlap, and the band shall be drawn tight with a ratchet strapping tool.
nail shall be driven through the clip after the tightening operation. At least four nails shall
driven through the band along its circumference to further seal the wrap to the pile. Additior
nails are to be driven wherever uneven surfaces require closer nail spacing to ensure a ti@
seal. The top and bottom foam seals are to be in continuous, compressed, pressure contz
with the pile surface for the full circumference. This closure must be sufficiently tight SO tl
Pile and Timber Protective CoverinR 0
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it will not be possible to insert an object the size of a hacksaw blade under or past the se
without the use of force or damaging the barrier.
305-2.8.3 Inspection
After covers are installed, they will be examined carefully by a diver familiar with the covt
installation procedures to determine compliance with the specifications. These inspections wi
be made without charge to the Contractor and will be scheduled so that confirmation will 1
current and any correction reports timely. Should more than two inspections of the san
installation be required, the additional costs shall be charged to the Contractor.
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3-37a e
305-2.8.4 Pavment
Full compensation for furnishing and installing wrap on piles, timber structure, and signal-
communication poles will be considered as included in the lump sum price paid for modifications
to and at AT&SF railroad bridge/trestle and no separate payment will be made therefor.
SECTION 306 - UNDERGROUM) CONDUIT CONSTRUCTION
Modify Section 306 of Standard Specifications as follows:
306-8 CULVERT CONSTRUCTION
306-8.1 General
Culvert construction shall be coordinated with construction of the rock channel lining, rock slopc
protection, and access roads to nesting sites.
306-8.2 Culvert Construction
When the rock channel lining construction reaches the elevation of the bottom of pipe invert thc
culvert shall be placed on a concrete slurry bed and given a concrete slurry cover, HWK+&&C vd-hwg. The headwall shall be formed and poured in conjunction with placement o
the slurry cover. Voids between the headwall and the adjacent rock channel protection shall bt
filled with rock fragments and concrete slurry backfill (grout) to the extent that the headwall
culvert and rock channel lining form a stable coherent mass that will resist erosion anc
displacement.
306-8.3 Pavment
The lump sum price paid for culvert construction shall include full compensation for furnishing
all labor, materials, tools, equipment, and incidentals and for doing all the Work involved ir
constructing each culvert complete in place in - access roads to nesting sites
including headwall, inlet, gravel, slurry backfill, and concrete encasement as indicated on thc
Plans, as specified in the Standard Specifications and these special provisions, and as directed b)
the Engineer.
Full comDensation for furnishing - and installing - culverts in inlet channel will be considered a
included in the bid item @id Item No. 18). and no separate payment will be made therefor.
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SECTION 308 - LANDSCAPE AND IRRIGATION INSTAUATION
Modi+ Section 308 of Standard Specifications as follows:
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308-9 SALTMARSH MITIGATION PLAN (REVEGETATION)
308-9.1 Summarv of Overall Goals
The overall goal of the revegetation program is to replace saltmarsh vegetation that will 1
removed as part of the dredging activity and least tern and snowy plover nesting site creatic
in the West, Central and East Basins.
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Specific Objectives:
1. Transplanting of the saltmarsh vegetation removed from the impacted areas
eventually achieve a density and acreage similar or greater than that impacted by t
project.
The revegetation plan shall comply with the conditions set forth in the Califorr
Coastal Commission Special Conditions to the application 6-90-2 19. See Subsectio
308-9.3.1 and 308-9.3.2, of these special provisions, for limitations on Contract
2.
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The Saltmarsh Mitigation Plan does not apply to the Pilot Vegetation Plan for eelgrass a:
cordgrass described in the U.S. Army Corps of Engineers permit conditions. The Pi1
Vegetation Plan is not part of this contract. 8 308-9.2 Location
The revegetation shall occur within the areas designated on the Plans and in conformance wi
Subsection 308-9.4.3, Transplant Areas, of these special provisions. Elevations for t
proposed revegetation areas range between +2.5 and +4.0 feet NGVD. The Contractor sh,
verify with the Engineer the exact location(s) prior to initiating the planting effort.
308-9.3 Determination of Acreage Required for Revegetation
308-9.3.1 Acreape of Pickleweed Permanently Lost bv Construction
Based on a survey conducted in April 1993, the Engineer has determined that approximate
10 acres of salt marsh vegetation will be removed on a permanent basis.
defined as that area to be excavated to create subtidal habitat or filled to create nesting are:
"Salt marsh vegetation" defined as those areas supporting predominantly pickleweed (Salicorn
virginica) .
The revegetation program must result in the re-establishment of pickleweed, in areas it dc
not now occupy, at a ratio of 4 acres of restored saltmarsh to 1 acre of permanent 1(
saltmarsh at the end of 10 years. Contractor is only responsible for re-establishment
pickleweed at a ratio of 1 to 1 within one year following completion of the transplanting
revegetation in conformance with Subsection 308-9.7, Success Criteria, of these spec
provisions. The final acreage of pickleweed to be re-established includes natural expansion
saltmarsh as well as planted areas. Revegetation must occur within the Batiquitos Lagoon
308-9.3.2 Acreage of Saltmarsh Vegetation Temporarilv Affected by Proit
"Permanent"
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The Contractor shall provide an accurate measurement of the acreage of saltmarsh vegetati
impacted by the construction access areas including but not limited to temporary staging areq
dredge launching areas, and temporary access roads. The Contractor may use the Army Cor
' of Engineers wetland jurisdictional determination (August, 1990) and the vegetation lj
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indicated on the Plans as a basis for locating those areas that may potentially contain saltmars
vegetation within the construction areas. However, the Contractor is solely responsible fc
assuring that conditions have not changed since the completion of the jurisdiction;
determination such that saltmarsh vegetation may now occur outside the jurisdiction:
boundary.
The Contractor shall submit within 45 daw of NTP piwide the method and basis for tl
determination of saltmarsh vegetation acreage impacted to the Engineer for approval. TI
acreage of vegetation impacted and the plant species impacted must be provided by tl
Contractor and accented qpiwe& by the Engineer.
The Contractor shall be responsible for conducting a revegetation program to provide 1 to
replacement of all saltmarsh vegetation temporarily impacted by the project within one ye;
following completion of the transplanting or revegetation. All replacement shall occur in tl
area of the impact following construction to return temporarily impacted areas to their pric
condition.
308-9.4
A recommended revegetation program is specified below. The Contractor shall review the!
procedures prior to initiating work. The Contractor shall submit within 45 daw of NT.
revegetation z ti; thew procedures for acceptanc
qqwew4 by the Engineer. Following these procedures does not relieve the Contractor (
responsibility for the successful completion of the requirements set forth in Subsection 308-9.
Success Criteria, of these special provisions.
308-9.4.1 Plant and Material Salvaging
Plant material shall be removed from areas prior to dredging or other impact. Most of tl
transplanting effort shall be conducted after dredging of the East Basin as this activity m:
flood the transplant area if temporarily elevated water levels are required. If transplanting
required prior to dredging of the East Basin, the plant material shall be transplanted to are
at higher elevations within the proposed transplanting areas. The Contractor shall obta
appiwal acceptance from the Engineer for transplant areas above +4.0 feet NGVD.
Plants shall be removed from the areas to be dredged or impacted between October ar:
January. Pickleweed is dormant during this period and therefore handling and storage may 1
less damaging.
Plant material shall be removed by hand or by using a hand-held weed whip with a holdir
bag. Plant material shall either be removed by pulling or by cutting at the base. Special
designed weed whips for the collection of native plant material are commercially available
During the harvesting operation, all plant material shall be immediately transferred to covert
and shaded areas. Plant material shall not be allowed to dry, be exposed to direct sunlight,
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Revegetation of Permanently Lost Pickleweed Habitat
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308-9.4.2 TransDlant Material PreDaration
Pickleweed will readily resprout from vegetative fragments, particularly stems and rhizomes
Fragments shall be created either by hacking the plant material by hand or passing it throug;
a garden shredder. Fragments shall be approximately 4 to 6 inches long.
308-9.4.3 TransDlant Areas
Transplanting areas shall be identified prior to salvage operations. Locations for transplantin;
are identified on the Plans. Elevation and substrate type were the key criteria for the selectio
of appropriate areas. Substrate shall be muddy and planting shall be conducted at elevation
between +2.5 and +4.0 feet NGVD. The Contractor shall provide a proposed planting locatio
schematic to the Engineer for the areas to be used for transplanting within the suitabl
designated areas.
Because the eventual objective of the revegetation area is to result in four times as much COVI
as currently exists, the transplanted material shall be placed in scattered patches throughout tl
various transplant areas.
308-9.4.4 TransDlanting
Transplanting must be completed within 2 weeks of salvage and preferably within 1 wee
Plant fragments shall be broadcast on the mud surface of the transplanted area. The sum (
the areas of the scattered patches shall be at least as large as the removal area. The pla
material shall be raked by hand, pressed into the mud surface using wood planks, or othi
method to assure plant material does not float or blow away.
308-9.5
308-9.5.1 Restoration of OriPinal Conditions
For all areas of saltmarsh vegetation that are temporarily impacted by construction activitie
the Contractor shall restore the site to its original elevation and substrate condition. Soi
compacted by the construction activity shall be restored to their original condition by discin
ripping, or other appropriate means.
308-9.5.2 Revegetation
The Contractor shall revegetate the impacted areas with plant material similar to that whit
was removed or impacted by the temporary construction activity. The Contractor shall subn
to the Engineer within 45 daw of NTP, 7 * with a list of the material to
installed, the source of that material, and the method of revegetation. A schedule for t
revegetation shall be included in this submittal. - C-t&a&e~
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308-9.6 Monitoring Program
A monitoring program will be conducted by the Engineer for the revegetation program durin
the initial year following planting. Monitoring will be conducted at 1 month, 6 months an
12 months following transplanting or revegetation.
308-9.7 Success Criteria
The Contractor shall be responsible for assuring that the revegetation effort for the picklewee
habitat permanently and temporarily lost shall meet the success criteria set forth in this sectior
These success criteria must be met within 1 year following completion of the transplanting c
revegetation.
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All salvaged plant material has been transplanted to approved revegetation areas.
Within the areas receiving transplanted material, percent cover of the transplante
material is 40% or greater at the end of one year of monitoring. If less than 40Y
resprouting of the transplanted material must be 50% or greater.
For areas of temporary impact that have been revegetated, density of plant material ((
measured by percent cover) is greater than 40% of the original cover and pla
composition.
3.
If success criteria is not met within 1 year following completion of the transplanting 1
revegetation, then Contractor shall replant at no cost to the City. The source of material 1
replanting shall be submitted to the Engineer for review and acceptance. The success critei
requirements shall start over. The Contractor shall be responsible for replanting and meetii
success criteria within one year after each occurrence of transplanting or revegetation. 1 308-9.8 Measurement and Pavment
308-9.8.1 Measurement
Revegetation shall be measured by the acre (for measurement purposes an acre shall
equivalent to 43,560 square feet).
308-9.8.2 Pavment
The contract price paid per acre for revegetation and salvaging plants shall be 1
compensation for furnishing all labor, materials, transportation, tools, equipment and incident
and for doing all the Work involved in salvaging plants and planting, complete in place,
indicated on the Plans, as specified in these special provisions, and as directed by the Enginc 1
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U.S. ARMY CORPS OF ENGINEERS
PERMIT
a
.- APPENDIX 0
1 #. : -:..... a%&< pom:'L
LOS ANGELES DI
U.S. ARMY CORP
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1 Permit'Nuz*er: .. . w * g2" -EN
DEPARTMENT OF THE ARMY PEWIT
.. u e;:y::,,,,,
I Issuing Office:
Los Angeles District m Note: The tern rly~un ar.d its derivztives, as use8 in this permit, mf
the pernittee or any future transferee. The tern t'thiS of2ice8* refel the appropriate district'or division office of the Corps of Engineer:
. having jurisdiction over the permitted activity or the sppro2riate I official acting under th? authority .of L\e comanding officer.
I .conditions specified below.
B tidnl flushing to the lagoon system, while not adversely affecting
,'
you are authorized to perform work in accordance with the tarns and
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Project Descript,ion:
existing wildlife habitat and vegetation resources, as disclosed in Final Environmentzl Inpact Report/Statement dzted Jme 1990.
Tu enhance Batiquitos Lzgoon through reStOrati
. Project Location: In the City of Carlsbad, northern San Diego Count
I I California. ..
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xnit ConCitions . t -. .. .
rmit Conditions
eneral Conditions:
pril 16, 1395.
1. The time limit for completing the authorized activity ends on
If you find that you need more time to complete the authorized activity, submit your request for e time extension to this office for consideration at least one month before the above date is I reached,
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terns and conditions of this ' permit. You are not relieved of +Ais requirement if you abanaon tZle
penaittecl activity, although you may make a good faith tracsfer to a B thi'rd party in coxpliance with General Condition 4 below. Should yoc Wish to cease to maintain &&e authorized activity or shocld you desiz
Ebandon it without a good faith transfer, you nust obtzin a rnocificai from this permit from this office, which may require restoration of t I area:
3. If you discover any previously unknown historic or zrcheological remains while accomplishing the activity authorized by this permit, !
initiate the Federal and stzte coordination required to detersnine if remains warrant a recovery effort or if the site is elic~ible for lis?
Sf you sell tke property associated with this pernit, you rsust 01
*The signature of the new owner in the space provided and forward a CI
I 5. If a conditioned water qJality certification has been issued for 1 Certification as sgecinl conditions to this permit. For you
' must immediately notify ais office of whet you have fo=nd. We will
I in the National Register of Historic Places.
of the pemit to this office to validate the transfer of this authorization.
project,
convenience, a copy of the certification is attached if: it contains conditions,
6. authorized activity a= any tiine deemed nccessan to ensure that it i
being or has been accomplished with the terns and conditions of your
Specizl Conditions: See attached sheet.
1. Congressional Authorities: You have been authorized to undertal
activity described above pursuant to:
Section 10 of the Rivers and Earbors Act of 1899 (33 U.S.C
Section 404 of the Clezn Water Act (33 UIS.C. 1344).
you must comply with tae conditions specified in the
You must allow representatives from this office to inspect the I
I. Further Information:
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(X) 403).
(X) t-.
( ) Section 103 of the Marina Protection, Resezrch and Sanctua Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. State, or local authorizations required by law.
b. I privileges .
C. rights of others.
.de proposed Federal proj ect i
This pennit does not obviate the need to obtain other Fedev
This permit does not grant any.property rights or exclusive
This permit does not authorize any injury to the property c
This pernit does not authorize interference with any exlst
3. Limits of Federzl Lizbillty. In issuing this permit, the Feder Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a resx other permitted or unpermitted activities or froa natural caus
b. Damages to the pe,xaitted project or uses thereof as a resr
current or future activities undertaken by or behalf of the Ur States in the public interest.
c.. Danages to persons, property, or to other pemitted or unpermitted ectivities or structures czused by the activity
d. Design or construction deficiencies associated wit5 the
Damage claims associeted with any future moCificztiOn,
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C authorized by this permit,
B * permitted work.
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suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The detemlnation of this offic issuance of this permit is not contrary to the public interest was in reliance on the infompation you provided.
5, Reevaluation of Penit Decision. This office nay reevaluate : decision on this permit at any tine the circumstances warrant.
Circumstances that could require a reevaluation include, but are 1 lbitad to, the following:
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a. You fail to comply with the te-w and conditions of this
b. The infomation provide2 by you in support of your pe-mi
applicztion proves to have Seen fzlse, incomplete, or inacCU (Sea 4 above). -
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significant new infomation surfaces which this office did ider in reaching the original public interest decision.
ch a reevnluation may result in a determination that it is approp use the suspension, modification, and revocation procedures cont
33 CFR 325.7 or enforcement procedures such as those contained i cFR 326.4 and 326.5. The referenced enforcement procedures provide the issuance of an administrative order requiring you to comply wit terns and conditions of your permit and for the initiation of legal action where a'ppropriate. 'You will be required to pay for any corr measure ordered by this office, and if you fail to conply with such directive, this office may in certain situztions {such as those spe in 33 CFR 209.170) acconplish the corrective nessures by ccntract o otherwise and bill you for the cost. '
16. Extensions. General condition 1 establishes a time lhit for t completion of the activity authorized by this pernit. Unless there circunszances regiring either E prorngt completion of the authorize activity or a reevaluation of tae public interest decision, the Cor will normally give you favorzble consideration tu a request for an extension of this time limit.
You signature below, as permittee, indicates that you accept and ag
comply with the terns and conditions of this permit.
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(?ZIWITTEE) {DATE)
This pernit becomes effective wken the Federal official, designzted act for the Secretary of the Any, has signed below.
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.I M /bt 9- *[ j7.f lip , d/ #j$& ms s. THOMAS I District Engineer
# when the structures or work authorized by this penit are still in
(DhTE)7 cyb &,&4 a.4ysw Colonel, C.orps of Engineers
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existence at the tine the property is transferred, the terns 2nd conditions 02 this pernit will continue to be binding on the new ob
Of the property. . To vali2ate the transfer of this pernit and the I-
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sociated liabilities associated with compliance with its terns and 'onditions, have the transferee sign and date below.
! (TRANSFEREE) (DATE)
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SPECIAL CONDITIONS
PERMIT NO, 88-217-EW
I. The permittee shall implenent the mitigated Alternative r1B8 project described in the Final Environmental Impact Reportistaterent
(148 acres of subtidal area, (below -1.6 MLLW) , 144 acres of interti 1 fXa'ts, (betwgen -1.6 and 3.9 ft. MLLW), 98 zcres of low narsh, (beti 3.9 and 5.4 ft MLLW), 72 acres of high narsh, (between 5.4 and 7.0 1
MUW), 38 acres of sand flits, 'and 94 acres 02 woodlmd, and other 1 transitional areas). The penittee shzll incarportte, into the fin:
design specifications, a construction schedule that adheres to the environmental constraints as specified in the example construction schedule in the Final Environmental Ircpact 2eport/Statenent, especiz I regarding preparation of the czlifornia least tern nesting znd =ora< area modifications, The pernittee shall adhere to L?e further procc
.for approval of final design and inplementztion identified in the l November 1987. six-agency interagency agreement for the project.
1 least two weeks prior to the initiation of naintenance dredging . activities under the authority of this pernit.
3. That the permittee shall notify the Comiender (oan) Eleven? 1 Coast Guard District, Union Bank Building, 400. Ocean Gete, Long Beac California 90822, (213) 499-5410 at lezst two weeks prior to stc?rtcc activity and 30 days if buoys zre to be plzced, End thzt the permitt
shall advise the Aids to Navigaticn arznch of any hazzrd to navigati
So that appropriate information can be published in the Loczl Noticc Mariners. The notification shall include the following infornation: I The location of the work site; (b) The size and type of equipment tl
Will be performing-the work; (c) Name and radio call signs for workj Vessel, .if applicable; (d) Telephone nmber fcr on-site contact Wit1 1 project engineers; (e) The schedule for completing the project- A E of the post survey Crawings shall be sent to the National Ocean Sen for chart updating to the following address: Director; Charting znc Geodetic Services; ATTENTION: N/CG22; National Ocean Service, NOM; u Rockville Maryland 20852-3806.
That 2 miniam of twenty acres of California least tern ne: t sites shall be constructed and available for nesting between April 1 September 15 unless released earlier by the California Departnent 01 and Game (CDFG). These sites shall include one or bath of me propc West Basin sites and the park and ride site, Least tern nesting sit I may be relinquished for other temporary construction-related uses p~ to Septenber 15 if nesting activity has cezsed and upon concurrence
CDFG and the U,S. Fish and Wildlife Service (USFWS). These sites sl B be prepared and available again prior to the next nesting season.
That doring the construction period, an area of the lagoon
leest equal to the West and Central Basins shall be zvailz5le/suitai
as determined by CDFG and USFk'S, for foraging by the least tern bet5 t -: 6
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2. Thzt 'he pernittee shall advise this office, in writing, at
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April 1 and September 15, Foraging area may be relinquished for 0th
kamporary construction-raiatad usas prior to SepteIcber 15 if nusting mtivlty has ceased and upon eancurrence of CDFG and USFWS. Broachi
the lagoon, or some other acceptable means of introducing ocean wate the foraging area, shall be carried out prior to each nesting season
Thgt no pile driving associated with bridge construction or
to September k5). Pile driving nay be allowed prior to SePteraber 15
nesting activity has ceased and'upon concurrence of CDFG and USFL7S.
.I upgrades shall be allowed during the least tern nesting season (Apri
That least tern sites shzll be constructed in a manner to e
proper dewatering so that subsidence and surface cracking does not o
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and so that the site can withstand loads of maintenance vehicles.
That least tern sites shall ba constructed to allow,vehicul
access for maintenance purposes except for the southern East Basin s
1 a which shall be isolated and accessed by foot or boat.
That the least tern sites constructed shall be flzt, surfac
with light colored sand, with side slopes of lO:l, and must be clear Y vegetation, as .required by CDFG and usms, by the pernittee prior tc nesting season during the construction period.
That each California least tern site shall be fenced per t requirements of CDFG and USFWS. I
That the permittee shall provide a qualified CelifOrnia le k biologist, acceptable to t29e CDFG End USFWS and approved by the Corps, to monitor and manage least tern nesting during the Construct period. The least tern biologist shall coordinate with the construc 1 nanagement/nitigati*n monitoring team and shall: .
Plonitor nesting, and fledgling success of snowy plover and leest 1 in Batiquitos Lagoon.
b- Provide an educational program for construction workers as to th I identity of the least tern and their nests, and restricted areas and activities, actions to be taken if least terns are found nesting Out
the designated least tern nesting sites, and trash control. 8 c. Provide for predator control as required prior to and during the least tern nesting season during the const,nction period.
mat if least terns nests are found outside the designated
nesting sites, all work in the inmediate area shail be halted, and t least tern biologist shall be notified inmediately. s buffering distance and protection shall be specified by the least te
biologist in coordination with the CDFG and USFWS.
That const-uction activities in the eastern end of the Eas B 3zsin shall not occxr wiLkin 100 feet cf pickleweed areas during the
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An appropriate
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# &&.ding's savannak sparrow nesting period of March 15 through Aupst
'Cess specified otherwise by CDFG.
84. That water levels in the East Basin during Belding's savann
That areas of existing vegetated wetlands shall be avoidee
sparrow nesting season shall not exceed +6 feet MLLW.
115.
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1 '+ha greatest extant possible during construction, and shall not excee ' constmction shall, to the greatest extent possible, be saved and/or reestablished at the site of disturbance or at another suitable loczt in the lagoon, as described in the Draft Revegetation Plan, dated 3 February 27, 1991 developed by Dr. Michael Josselyn. The permittee s
provide a finalized Revegetation Plan, accerJtable to CDFG, USFWS, M"1
EPA znd approved by the Corps,
That the permittee shall implelnent t pilot planting of eels and cordgrass as descr;hed in the Draft Revegetation Plan, 2ated Febi
The pernittee shall pro7 a finalized Revegetation Plan, acceptable to CDFG, USFWS, NEFS, EPA, approved by the Corps.
18. .That designation ol final access routes shall be included : final design drawings and must be approved by EPA, CDFG, USFWS'and NT
Thzt there shall be no Incidentzl Take 02 *the Czlifornia 1( tern (adults, chicks, or eggs) or California brown pelican. The
pernittee shall imnediately ceese 211 work and make notification, 2s I specified below, if any Incidentzl Take of these Federzlly listed endangered species occ'ars. The permittee shall,+ediately report b: telephone to the Cofps of Engineers Regulatory Branch (213) -894-5606 8 the U.S. Fish and Wildlife Service (714) 643-4270 if Incidental Take Occurs.. The permittee shall prepare a written report, to be submitt
circumstances surzounding the taking and the dispositions of the ! individuals takan. An endangered species injured or killed as-a res of the pernitted activity shall be retrieved for scientific puqoses rehabilitation,.and shall be turned over to the CDFG.
moni'koring program at Batiquitos Lagoon. The permhittee may contract ! these responsibilities, or upon approval of the corps, may assign th
responsibility in order to optimize the monitoring plan. Monitoring not .be used to reevaluate the HEP for Batiquitos Lagoon or to recalc
habitat credits differently from those detemined through the tidal I monitoring study to be carried out following project construction.
part of the monitoring program: I 'a. The pernittee shall have a Ltonitoring plan approved by the Corps
CDFG, USiVS, W.FS and EPA prior to conpletion of project constructic P- a
disturbance of more than 10 acres.
:16, That pickleweed to be disturbed or to be lost during
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y 27, 1991 developed by Dr. Eicfiael Jcsselyn.
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-the Corps and Service, which shall include the date, locations, and
20. That the permittee shall conduct a long term biological lr'
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b,' Rialogical nanitaring shall be conducted annually for a nininun ;kree years. hiid A$aln at yaar five and year ten, and will xEeE;E the
r~,~;;t.OL^~t.iOi~ and snhancement effecfivenuss in terms of hirds, L ish, invertabratcs, and vegetation. The response of the orgznisms shall evaluated in Terns of regional as well as local factors. Where POSE ths overall monitoring plan shall be sufficiently flexible to incoq coll.ected data and unusual events into each successive year's speci: nonitoring schedule. The monitoring reports shall be provided to t! District Engineer, CC?G, USFFiS, NMFS, and EPA. a c- The penittee shall consult with the Corps, USFFU'S, EPA, NNFS, a:
CDFC; in developing the monitoring plan.
That the pernittee shall avoid hpacts to all previously identified zrcheological sites.
That the peznittee shall provide a quzlified ircheologist
Beelling the Secretary of the Interior's Professionzl Qualification
Statidarc?s (sa FR $4738-9), to nonitor the project, to include dredg placenent of dredged material, canstruction of staging areas and an other activities associated with the project. The archeologist shz empowered to halt and redirect activities in coordination with construction manaqement personnel to avoid irr,gzcts to ell archeolq
That in the event tkat a previously undiscovered archeolc B -deposit is found, ail construction activities in the imediate area halt.
avoidance, preservation, or-mitigation measures czn be developed Er i implemented in accordznce with 36 CFR 600.fl.
That within 90 days after the issuance of the peiknit, *&e 8 permittee shall provide to the Corps, a letter fron the qualified
archeologist retained to irrtplenent the nonitoring pragran. This IC shall outline their plan to inplenent inonitorinq. Their professior qualification shall also be outlined in this letter.
That a nonthly letter report shall be prsvihed to the COI
cut.lining the results of the archeologicnl nonitoring program, Th: report shall comence upon initktion of the constriction aCtiVitif
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The Corps shall be notified itaediately so that appragriate
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CALIFORNIA COASTAL COMMISSION
PERMIT
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I APPENDIX 1 0
STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WlLSOh
( AMENDED ' CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200 COASTAL DEVELOPMENT PERMIT NO. 6-90-2 1 9-A
AN DIEGO, CA 92108-1725 Page 1 of 6 e (619) 521-8036
On March 12. 1991
this permit for the development described below, subject to the attached Standard and Special Conditions. On SeD tember 11. 1991 the Commission granted an amendment to the permit as described below, subject to the attached conditions.
IOri gi nal Restoration/enhancement of Batiquitos Lagoon to create tidal Project: marine habitat, including the following specific actions: up to 3.7 million cubic yards of dredging to reconfigure the lagoon to restore tidal flows and aid in maintaining an open lagoon mouth; di sposal of sui tab1 e dredged materi a1 s on Enci nas Creek Beach; construction of new inlet jetties at the mouth of the lagoon to create a permanently 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 least tern nesting sites.
Amendment Revision of proposed project plans to reflect "Mitigated Description: A1 ternative 8" as identified in the Final Environmental Impact report , i ncludi ng the fol lowing changes : reduction of total dredging by 600,000 cubic yards; retention of additional tidal habitat areas and reduction in total subtidal habitat areas.
Car 1 s bad, San Di ego County.
, the California Coastal Commission granted to City o f Carlsbad
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Site: Batiqui tos Lagoon, between the ocean and El Camino Real,
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS Executive Di rector and
- IMPORTANT: THIS PERMIT IS NOT VALID UNLESS ~ AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE.
ACKNOWLEDGEMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions *4 i gnatuv of Permittee
0 thereof. jhQ&ww L
~ yLy b.vr,J InL U~~~~~~~mLiY i rtKMl I NU. 6-90-21 9-A Page 2 of _6_ \
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STANDARD CONDITIONS:
1. Notice o f ReceiPt and Acknowledaement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office.
ExDiration. years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.
All development must occur in strict compliance with the proposal as set forth below. be reviewed and approved by the staff and may require Commission approval.
4. InterDretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
5. InsDect ion$. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice.
6. Assianment. assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
:7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.
2. If development has not commenced, the permit will expire two
3. Comliance. Any deviation from the approved plans must
The permit may be assigned to any qualified person, provided
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SPECIAL CONDITIONS:
The permit is subject to the following conditions. For purposes of these c:ondi ti ons, the resource agenci es shall i ncl ude the Cal i forni a Department of Fish and Game, the U.S. Fish and Wildlife Service and the National Marine Fi sheri es Service:
applicant shall submit final plans (dredging plans, final contours, etc.) in conformance with the concept grading plan for the proposed Mitigated Alternative "6" as identified in the Final EIR/EIS for the project and as proposed in the amendment request, and resulting in the following combination and amounts of habitat type:
1. Final Plans. Prior to the issuance of the amended permit, the
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SPECIAL CONDITIONS, continued
Subti dal Area 148 Acres
Intertidal Flats 144 Acres
Low Marsh 98 Acres
High Marsh 72 Acres
Constructed Sand Flats 38 Acres Other Transition Areas 94 Acres
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(-1.6 MLLW)
(-1.6 to 3.9 MLLW
(3.9 to 5.4 MLLW)
(5.4 to 7.0 MLLW)
(Above 7.0 MLLW)
The final plans shall also incorporate a pre-construction survey of all areas vegetated with coastal salt marsh species for the purpose of identifying required mitigation totals, and final plans for California least tern nesting areas incorporating a minimum of four sites for a total of 34 acres. The
plans and pre-construction survey shall be subject to Executive Director approval in writing in consultation with the resource agencies. If the Executive Director finds that the plans are not in conformance with the concept plans, a revised program shall be processed as an amendment to this coastal development permit.
ipermit, the applicant shall submit a detailed revegetation plan, in substanti a1 conformance with the "Draft Revegetation Plan for Batiqui tos Iiagoon (January 31, 1991)," for the subject restoration program prepared by a
qualified wetland biologist the selection of whom shall be subject to the
<review and written approval of the Executive Director in consultation with the
resource agencies. The revegetation plan shall also be subject to the review and written approval of the Executive Director, in consul tation with resource agencies. The habitat repl acement/revegetation program shall i ndi cate, 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 insure the success of restoration efforts. The overall
restoration goals of the plan shall be to create, to the maximum extent
feasible, the habitat types and configurations indicated in the "Predicted
Iiabi tats for Mi ti gated A1 ternati ve B" through the repl acement of and
ini tigation for wetland vegetation removed as part of the project and through
the transplantation on an experimental basis of subtidal and intertidal plants
ilt the completion of the project. The plans shall include, at a minimum, the fo 1 1 owi ng e 1 ement s :
a. The salvage, storage and, if possible, propagation of all coastal salt marsh plant materials to be disturbed as a result of the construction of the project, prior to commencement 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 mi tigation area shall be
established within ten (10) years of commencement of dredging of the west basin.
2. Revegetation Plan. Prior to the issuance of the coastal development
Mitigation at a
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SPECIAL CONDITIONS, continued:
b. A plan for the establishment or transplanting of eel grass (Zostera marina) at elevations of -1 ft. to -3 ft. MLLW and cordgrass (SDarting foliosa) at +3.5 ft to +5 ft. MLLW, 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 potenti a1 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 consul tation with the resource agencies.
All revegetation shall be conducted using permanently marked quadrats, in order to provide information for the moni tori ng program requi red under Speci a1 Condi ti on #3.
3. Monitorina 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 consul tation with the resource agencies, a detailed monitoring program designed by a qualified wetland biologist. program shall include the following:
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Said monitoring
a. Submittal, upon completion of the dredging project, of "as-built" plans i ndi cat1 ng conformance wi th the proposed dredging plans, with particular emphasis on the side slopes above the dredged channel. as-built side slopes shall match to the extent practicable the slopes proposed in the concept grading plan for the proposed Mitigated A1 ternati ve B i denti fi ed i n the FEIR/FEIS.
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 MLLW), intertidal flats (-1.6 to +3.9 MLLW), low marsh (+3.9 to +5.4 MLLW) and high marsh (+5.4 to +7.0 MLLW).
c. Extent of coverage, rate of growth and species composition of all enhanced or res tored areas.
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 to assure 90% coverage in a ten (10) year period.
e. Monitoring reports addressing items c and d above shall be submitted on an annual basis for the first three years following project completion, and at the fifth and tenth year. shall be made to the Executive Director.
The 0
b.
Said monitoring reports
Tidal monitoring reports shall be submitted prior to approval of as-built plans as required under Special Condition #3(a). 0
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SPECIAL CONDITIONS, continued:
Staains Areas. 4. Prior to the issuance of the coastal development
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permit, the applicant shall submit a revised staging plan, indicating that only two stagingldredge launch ramp areas shall be permitted within the wetland boundary, and shall be located at the Northwest Staging Site and East
I-5 Staging site as generally described in Figure 2-10 of the FEIRlEIS for the proposed project. Said staging areas shall be staked in the field for the 1-evi ew and wri tten approval of the Executive Director, in consul tation with the resource agencies. be the minimum size required to accommodate a 12 to 14 inch nozzle dredge. The East 1-5 staging site shall be the minimum size required to accommodate a ;!O to 24 inch nozzle dredge. incorporated into project plans and construction bid documents.
A11 other construction staging areas, exclusive of the two approved ataging/dredge launch ramp areas, shall not be allowed to occur in any environmentally sensitive habitat areas, including vegetated and non-vegetated wetlands and buffers, sandy beach areas, with the exception of unavoidable staging of equipment required for the beach nouri shment component of the project, or public parking areas. ramps for the required floating dredges shall avoid impacts to wetland areas except as necessary to access the two approved launch ramp sites. Additional mi tigation/revegetation as required under Special Condition #2(a) above shall be required for any staging activity which is approved and directly impacts existing wetland vegetation of any type. stagingllaunch ramp areas other than fuel for the dredge(s1 shall be limited to that needed for one day's work only, and the sites shall be sized 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 limi ting 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 written approval of the Executive Di rector in consul tati on wi th resource agenci es .
Prior to the issuance of the coastal development permit, the applicant shall submit for review and written approval of the Executive Director in consul tation with resource agencies, a detai 1 ed 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 construction. A qualified wildlife biologist with demonstrated knowledge of California least tern biology, determined to be suitable to the Executive Di rector in consul tat1 on with resource agencies, shall monitor 1 east tern nesting activities from April 1 to September 15 of each year. is observed to occur in areas subject to.construction impacts, all construction activity in that area shall cease until appropriate buffers surrounding the nesting area are identified and provided. plans and bid documents shall incorporate this requirement.
The staging area in the Northwest Staging Site shall
The two approved staging areas shall be
Construction haul routes to the launch
The storage of materials at the 0
5. Ca 1 i forni a Least Tern Nestinq.
If tern nesting
A1 1 construction
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SPECIAL CONDITIONS, continued: 0
6. Beldinu's Savannah SDarrow Nesting. No dredging or other construction
activities shall occur within the period of March 15 to August 15 of each year
within 100 feet of any areas containing coastal salt marsh vegetation. Water fevels in the east basin shall not exceed +6 ft. MLLW between March 15 and
August 15 of each year. If water levels in the lagoon are below +6 ft. MLLW at the beginning of the defined nesting season, water 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 Director in consultation with the Department of Fish and Game. Water levels that would result in the inundation of any nest shall be prohibited. construction plans and bid documents shall incorporate this requirement.
the applicant shall submit, for the review and approval in writing of the Executive Director, final plans for all proposed structural improvements, including but not limited to the bridge improvements on Carlsbad Blvd., 1-5
and the AT & SF Railway bridges, the temporary water inlet structures and the proposed inlet jetties. Said plans shall be in substantial conformance with those conceptual plans that have been previously submitted. The Executive Director shall make every effort to respond within the 45 day review period
accorded to a1 1 resource agencies.
8. DisDosal of Dredaed Materials. Prior to the issuance of the coastal development 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 Encinas Creek beaches. shall include the removal of all obstacles to beach access, including the removal of pipes and equipment from the beach during the summer season (May 1 through September 1 of each year) when dredging will not occur, and avoidance of existing public access sites for pipe routing.
9. Beach Access . Prior 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 which 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 May 1 to September 1 of each
year. Continuous beach access shall be maintained during the summer season
(May 1 to September 1).
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.
11. State Lands Commission Review. Prior to the issuance of the coastal
development permit, the applicant shall obtain a written determination from
the State Lands Commission that all required permits or approvals by the State
lands Commission have been obtained.
All
7. Final Plans. Prior to the issuance of the coastal development permit,
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Said plans
10. Mitiaation Credit$.
21 98P 0
STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE YIILSOh
CALIFORNIA COASTAL COMMISSION I SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 921081725
(619) 521-8036 0
March 4, 1994
Mr. John Cahill Municipal Projects Manager Ci ty of Carl sbad 2075 Las Palmas Drive Carlsbad, CA 92009
RE: Coastal Development Permit No. 6-90-219A
Dear Mr. Cahill:
This letter constitutes the final Notice of Acceptance of materials submitted in compliance with Special Condition(s) Nos. 1 - 11 Permit No. 6-90-21 9A as a mended.
The following documents and/or plans submitted in compliance with said Special Condi tion(s) of your development permit have been reviewed by the District Director and found to fulfill the requirements of said condition(s). This Notice of Acceptance should accompany the enclosed coastal development permit as indication all conditions of approval have been fulfilled. Your submitted material and a copy of this letter have been made a part of the permanent file
Special Condition No.1 Final Plans.
of Coastal Development
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City of Carl sbad Plans for Batiqui tos Lagoon Enhancement Project Drawing Nos. 1-79 prepared 12/17/93 by Moffatt and Nichol; City-approved set to be submitted upon completion;
City of Carl sbad Contract Documents and Special Provisions for Batiqui tos Lagoofi Enhancement Project Contract No. 3429 submitted 1/31/94; and Addendum to Contract Documents currently being prepared with final approved copy to be submitted upon completion;
Pre-construction Survey of Saltmarsh Vegetation Areas shown on Drawing Nos. 7-18 with the Vegetation Line based on April 1993 Aerial Photos and Field Observations;
Least Tern Nesting Sites shown on Drawing Nos. 45-49;
Acreages of Specified Elevations and Habitat Types which will result from the proposed dredging are shown on Pages 3-13 and 3-14 of the Contract Doc. on Tables 1 - 4;
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Mr. John Cahill
March 4, 1994
Page 2 e
Special Condition No. 2 Reveaetat ion Plan
Section 308 of the Contract Doc. starting on pg. 3-38 and as amended in the Contract Addendum is found to be in substantial conformance with the Draft Revegetation Plan for Eatiquitos Lagoon (1/31/91);
Plans showing Potential Revegation Areas on Drawing Nos. 66-70 and
indicating areas where the contractor may place salvaged pickleweed from the lagoon, as identified by Dr. Joselyn of Wetlands Research Associates as referenced in City 2/28/94 letter;
Plan titled Vegetation Impacted by GradingIDredging dated 12/17/93 and submitted as Exhibit 1 of City 2/28/94 letter;
Letter dated 3/2/94 indicating modification to be made to Section
308-9.3.2 of the Contract Addendum limiting amount of saltmarsh vegetatior to be impacted by construction activities to 4.7 acres;
Plan titled Potential Revegetation Areas totalling 54.1 dated 1/4/94 and
submitted as Exhibit 3 of City 1/17/94 letter; This plan is also referenced in the City 2/28/94 letter and shows the area where saltmarsh vegetation will be established at the end of the 10 year monitoring period. The 54.1 acres is mitigation for 10 acres of permanent saltmarsh impacts and not more than 4.7 ac. of temporary saltmarsh impacts (see
Section 308-9.3.2 of Contract Addendum) allowing pickleweed to be established at a 4:l replacement ratio;
Pi lot Revegetation Program dated 5120193 for cordgrass and eelgrass
establishment; City 2/28/94 letter indicating donor and planting sites will be identified and the plan implemented within one year following completion of the construction of the project;
Letter from Dept. of Fish and Game dated 7/7/93 accepting revegetation
plan contained in the Contract;
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Special Condition No.3
BLEP Long-Term Monitoring Program dated 1 /4/94;
Contract Addendum and City 2/28/94 1 etter indicating revi sions in the addendum to require a set of "as-built" drawings and the tidal monitoring report be sent to the Executive Director upon completion of dredging; The tidal monitoring report shall be submitted prior to approval of "as-bui 1 ti' plans by the Executive Director;
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Mr. John Cahill
March 4, 1994 Page 3 e
Special Condition No. 4 Staa inu Areas
Revised Exhibit 2 attached to City 2/28/94 letter indicating only area
necessary to launch and safely maintain the dredge located within the delineated wetland area at East 1-5 staging site;
Section 7-10.6 of Contract and City 2/28/94 letter indicating contractor required to prepare fuel storage/oil spill plan to be reviewed and approved by the City and forwarded to the Executive Director for approval prior to commencement of construction;
Special Condition No. 5 California Least Tern Nestinq
Agreement for Envi ronmental Moni tori ng and Communi ty Re1 ations Servi ces During the Construction of the BLEP dated 2/9/94 and City 2/28/94 letter i ndi cati ng the contract with Tetra Tech , Incorporated and that speci a1
requirements associated with observing the least tern, snowy plover and belding's savannah sparrow nesting are stated in the scope of work;
Cooperative Services Agreement between City of Carl sbad, United States Dept. of Agriculture Animal and Plant Health Inspection Service Animal
Damage Control (ADC) to Conduct Predator Control Activities at Batiqui tos
LagooniAdjacent Properties for period of March 1, 1994 to September 30, 1996, submitted as Exhibit 3 of City 2/28/94 letter;
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Special Condition No. 6 Beldina's Sa vannah barrow
Section 300 of Contract Addendum to contain a note precluding water levels above +6 feet MLLW between 3/15 and 8/15; see City 2/28/94 letter;
Section 300-12.6.2 indicating activities during the nesting season shall not occur within 100 feet of saltmarsh vegetation;
Special Condition No. 7 Final Plans
Drawing Nos. 43, 44, 61-65, 72-79 of City of Carlsbad Drawings prepared by Moffatt and Nichol on 12/17/93;
Special Condition No. 8 Disposa 1 of Dredaed Materi a1 s
Drawing Nos. 50-58 of City of Carlsbad Drawings prepared by Moffatt and Nichol on 12/17/93;
Sections 7-5.2 and 7-5.3 of Contract incorporating Corps and Coastal Commi ssion requi rements regarding removal of obstacles to beach access, and City 2/28/94 letter; 0
Mr. John Cahill March 4, 1994 Page 4 0
Special Condition No. 9 Beach Access.
Preliminary Construction Schedule attached as Exhibit 1 to City 1 /17/94 letter indicating project can be scheduled and sequenced to conform to thl
constraints identified in the permit conditions; restrictions (removal of pipes and equipment from the beach) shall occur between May 1 and September 1 of any year.
requires the contractor to prepare and maintain his own construction
schedule in accordance with the permit conditions;
Special Condition No. 11 State Lands Co mmi ssion Review
No beach access
Section 6-1 of the Contract
Letter from State Lands dated 2/25/94 authorizing construction of W-1 Least Tern Nesting Site and indicating subsequent permits will be issued
for the construction phases of the project. submitted to the Executive Director for the file upon receipt; SLC approvals shall be
As indicated in the City's letter of 1/18/94 to Deborah Lee, 3.4 cu. yds. of
material will need to be dredged in order to meet the requirements of the coastal development permi t. The preliminary estimate of dredged quantity as proposed and identified in the final EIR/EIS for Mitigated Alternative 6 which
was approved by the Coastal Commission on 3/12/91 was 3.1 million cu. yds. This amount was a preliminary estimate proposed as necessary to construct the project. habitat acreages proposed as Mi tigated A1 ternative 6, and no add! tional export
sites are required to accomodate the additional dredged quantity. Therefore,
the District Director has reviewed the above materials and found the final plans and contract documents to be in substantial conformance with the project as approved by the Commission.
Any changes to the project from that shown on the submitted documents should be promptly reported to this office to determine whether further processing is necessary. It has been a pleasure working with the City staff on completion
of permit issuance for such a significant wetlands restoration project. cooperati on and pati ence i s appreci ated.
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The project approved herein results in the same elevations and
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Your
zi!L$--pit" Di strict Di recto
(4621 L)
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CALIFORNIA DEPARTMENT
OF
FISH AND GAME
AGREEMENT
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APPENDIX C II) .-
8' 2
ClALIFORNIA DEPARTMEXT OF FISH AND GAME
330 Golden Shore, Suite 50
Long Beach, California 90802
Nlot if icat ion No. 5 - 0 9 6 - 9 3
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AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, anc - John Cahill of City of Carlsbad , State of California , hereinaf
called the Operator, is as follows:
WHEREAS,pursuant to Section 1600 of California Fish and Game Cod the Operator, on the 17th day of February , 1993, notified the
Department that they intend to divert or obstruct the natural flow
or change the bed, channel, or bank of, or use material from the
streambed(s) of, the following water(s) : Baticruitos Lasoon , San DI 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 resources including: all acruatic resources and wildlife in the area.
THEREFORE, the Department hereby proposes measures to protect fis
and wildlife resources during the Operator's work. hereby agrees to accept the following measures/conditions as part c t.he proposed work.
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.
Failure to comply with the provisions of this Agreement and with ot pertinent code sections, including but not limited to Fish and Game
Code Sections 5650, 5652, 5937, and 5948, may result in prosecutior
Nothing in this Agreement authorizes the Operator to trespass on land or property, nor does it relieve the Operator of responsibilit for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department Fish and Game endorsement of the proposed operation, or assure the
Department's concurrence with permits required from other agencies.
- This Asreement becomes effective January 1, 1994 with the DeDartmer - sisnature and terminates January 1, 1995 for Droject construction
- 0111~. This Asreement shall remain in effect for that time necessar - to satisfv the terms/conditions of this Asreement.
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STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NLTMBER: 5-096-93
1. The following provisions constitute the limit of activities agi to and resolved by this Agreement. The signing of this Agreement c
not imply that the Operator is precluded from doing other activitie
at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notificatic per Fish and Game Code Sections 1600 et seq.
2. The Operator proposes to alter the streambed to construct a tic inlet structure and dredge the lagoon to create/enhance subtidal a1 intertidal zones for tidal flushing, while not adversely affecting wildlife habitat and vegetation resources. Approximately 4 millio1
cubic yards of dredged material will be relocated, impacting an arc
of up to 381 acres within the 596-acre project site.
The plans include: construct nesting sites for California least tei dispose dredged lagoon sands on Encinitas Creek Beach and Batiquitc 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 fc
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 pians and documents submitted by the Operator, including "Batiquitc 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
oE 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. TI
p.Lan shall be implemented as proposed unless directed differently k
4. The Operator shall request an extension of this agreement prior
its termination. Extensions may be granted for up to 12 months frc
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.
I€ 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 Fish and Game Code Section 1600 et. seq. The Operator may request
to a maximum of 4 extensions of this agreement.
5. fees due of $966 to the Department. w.ithin 90 days of signing this agreement.
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This agreement shall not be valid until the Operator submits tk. The fees shall be submitted 1 I
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STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-096-93
6. The Operator shall submit final design drawings for Department
review and approval prior to initiation of any project constructior 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. All terms 2 1 conditions under the Army Corps 404 permit # 88-217-EW, and any extensions/amendments, shall be enforceable by the Department under this agreement. However, the conditions of the Army Corps 404 pern I 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 1 greatest extent possible) , as described in the Draft Revegetation Plan, dated February 27, 1991, developed by Dr. Michael Josselyn.
10. The Operator shall submit a finalized Revegetation Plan for I 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- I 3.0 acres).
12. These sites shall be prepared according to the guidelines by t 1 Department, USFWS and the U.S. Army Corps 404 permit. A minimum of acres of these sites shall be available for nesting between April 3 a:nd September 15 of each year during the project unless released earlier by the Department. These sites shall be prepared and 1 available again prior to the next nesting season.
13. During the construction periods, an area of the lagoon equal t
the West and Central Basins shall be available/suitable as determir I by the Department and USFWS between April 1 and September 15, for
foraging by the least tern. Foraging area ma^ be relinquished for
temporary construction-related uses prior to September 15 if nestir u activity has ceased and won concurrence of the DeDartment and USFP Breaching of the lagoon, or some other acceptable means of introduc ocean waters to the to the foraging area, shall be carried out pric to each nesting season.
14. The Operator shall not conduct pile driving (associated with bridge construction, upgrades, or any other activity) from April 1 September 15. Pile driving mav be .allowed if nesting activity has ceased and won concurrence of the DeDartment and USFWS.
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STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-096-93
15. The Operator shall provide a qualified, Department-approved California least tern biologist to monitor the least tern nesting during the construction period. The biologist's duties shall inclt
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 constructj workers to identify the least tern, their nests, restricted areas i
activities, actions to be taken if least terns are found nesting
outside the designated least tern nesting sites, and trash control; provide for predator control as required prior to and during the 16 tern nesting season during the construction period.
16. If least tern nests are found outside the designated nesting area, the Operator shall cease work immediately in the area and not the least tern biologist immediately. The least tern biologist shi coordinate with the Department and the USFWS to identify the appropriate buffering distance and protection.
17. The Department-approved least tern biologist shall monitor lei 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 anc
18. The Operator shall not work from March 15 to August 15 in the eastern end of the East Basin within 100 feet of pickleweed areas t avoid any impacts to Belding's savannah sparrow nesting. Water le1 in this area shall not exceed +6 feet MLLW from March 15 to August
19. 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. If any take occurs, the Operator shall immediately CE all work and notify the Department.
20. program at Batiquitos Lagoon. The Operator shall submit a final monitoring plan for Department review and approval within two years and six months after project initiation and at least 120 days prioi
clompletion of project construction. It shall include spring nestir surveys for federally and state-listed threatened and endangered species.
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The Operator shall not take any threatened or endangered specj
The Operator shall conduct a long term biological monitoring
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STREAMBED ALTERATION 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
c!onducted 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 respoi
of the organisms shall be evaluated in terms of regional as well a: local factors. Photos from designated photo stations may be incluc
22. The Operator shall establish a maintenance account in accordai 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 tc
24. Installation of bridges, culverts, or other structures shall 1 such that water flow is not impaired per Department-approved Zinal design plans. stream/lagoon channel grade and bottoms of permanent culverts shall
placed at or below stream/lagoon channel grade.
2i5. designed to withstand high seasonal flows shall be removed to area:
above the high water mark before such flows occur.
26. prevent damage to adjacent riparian habitat.
2‘7. 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.
213. 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. welders, located within or adjacent to the stream/lake/lagoon shall be positioned over drip pans.
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Restoration shall include the
Bottoms of temporary culverts shall be placed at
Structures and associated materials (including all equipment) I,
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The perimeter of the work site shall be adequately flagged to
Staging/storage areas for equipment and materials shall be
Any equipment or vehicles driven and/or operated within or
Stationary equipment such as motors, pumps, generators, and I
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STREAMBED ALTERATION CON~)ITIONS 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 alssociated 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. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to
33. 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. 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.
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The Operator shall comply with all litter and pollution laws.
p ensure compliance.
I No equipment maintenance shall be done within or near any
Copies of the Agreement shall be readily available
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The Department reserves the right to enter the project site
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!STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-096-93
137. t:his Agreement if the Department determines that the circumstances
warrant. include, but are not limited to, the following:
a. Failure to comply with the terms/conditions of this
Agreement . b. The information provided by the Operator in support of the
Agreement/Notification is determined by the Department to be incomplete, or inaccurate. When new information becomes available to the Department representative(s1 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.
CONCURRENCE
(Operator’s name)
The Department reserves the right to suspend and/or revoke
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The circumstances that could require a reevaluation I
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California Dept. of Fish & Game I
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yJ ///Z4/?3 ALL% (date) &!iu - a& (signature) p (sLnathe$& 5 &,@ate)
/374hflC/pR/ &G& AJ4pL Environmental Wecialist I11 (title) “7 OF GdSbHD
(title)
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CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD
ORDER NO. 93-50
0
e . APPENDIX 1
PETE WlLSO
t-. : STATE OF CALIFORNIA-CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
CALIFCIRNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
771 CLAIREMONT MESA BOULEVARD. SUITE E
4N DIEGO. CA 92124-1331
TELEPHONE 1619) 467-2952
May 21, 1993
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CERTIFIED MAIL - RETURN RECEIPT REOUESTED
P 419 522 905
Mr. John Cahill Municipal Projects Manager City of Carlsbad
2075 Las Palmas Drive Carlsbad, California 92009
Dear Mr. Cahill:
ADOPTION OF ORDER NO. 93-50, "WASTE DISCHARGE REQUIREMENTS FOR
THE CITY OF CARLSBAD, BATIQUITOS LAGOON DREDGE AND FILL PROJECT,
SAN DIEGO COUNTY"
Enclosed is a copy of the subject Order which was adopted by this Regional Board on May 17, 1993. Compliance with the requirements of this Order will involve considerable effort on your part. Staff of this Regional Board will be making inspections to ensure that compliance is achieved, and will be pleased to work with you and assist you.
The monitoring and reporting program for the subject Order was not completed in time for adoption by the Regional Board at the
May 17 meeting. I plan to issue the monitoring and reporting program in the near future.
and reporting program, I plan to bring the program before the Regional Board at the next meeting for affirmation or
In accordance with Notification F.4 of Order No. 93-50, water quality certification (pursuant to Section 401 of the Clean Water Act) for the project as described in Order No. 93-50 is hereby waived.
The annual fees for this project cannot be waived, as requested in your May 13, 1993 letter. The annual fees will be due and payable each year until Order No. 93-50 is rescinded by the Regional Board.
Following issuance of the monitoring
1 modification.
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Mr. John Cahill -2- 5
If you have any questions, please contact Mr. Brian Kelley at
(619) 467-2969.
Very truly yours,
d'/ -J&
ARTHUR L. COE Executive Officer
Enclosure
BDK
cc (w/ Encl.) :
Elizabeth White
U.S. Army Corps of Engineers
9868 Scranton Road, Suite 130 San Diego, CA 92121
Brian D. Ross (W-7-4) Wetlands & Coastal Planning Section
U.S. Environmental Protection Agency
75 Hawthorne Street San Francisco, CA 94105-3901
Betty Dehoney
Director, Environmental Services Division
P&D Technologies
401 W. ITA1' Street, Suite 2500 San Diego, CA 92101
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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 information was submitted by P&D Technologies through May 5, 1993.
that a total of approximately 4.0 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 botton: 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 the beach. This overdredging will create a disposal site in the central basin for dredged material from the east 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, 1
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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
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d. In order to create a permanent tidal inlet for the 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.
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. PLD 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 northerly to the beach near the intersection of west Carlsbad Boulevard and Palomar Airport Road. reports that the contractor will be required to provide adequate sand and cobble dikes and berms around the beach replenishment areas. Furthermore, construction of the dikes ar.4 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 project 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 in
P&D Technologies
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rn California.
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 impact 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.
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;
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d. Wildlife habitat; e. Preservation of rare and endangered species; and, f. Marine habitat.
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10. The Basin Plan contains prohibitions, narrative water 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.
11. 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).
12. The Bays and Estuaries Plan contains narrative and numerical water quality objectives and toxicity objectives applicable to enclosed bays and estuaries of California. These objectives have been incorporated into this Order.
13. 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).
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.
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. The Batiquitos Lagoon dredge and fill project is not expected to have any impact on areas of I special biological significance.
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14. The Bays and Estuaries Policy contains water quality
15. On March 21, 1974, the State Board adopted Resolution No.
16. The Regional Board, in establishing the requirements contained herein, considered factors including, but not limited to the following: t
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(a) past, present, and probable future beneficial uses of
(b)
the waters under consideration;
environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto;
water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area;
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(c)
(d) economic considerations;
(e)
(f)
(9)
(h) other waste discharges; and,
(i)
17, The Regional Board has considered all water resource relatec environmental factors associated with the discharge of waste as described in this Order.
The Regional Board has notified the discharger and all knowr interested parties of the intent to prescribe waste discharge requirements as described in this Order.
The Regional Board in a public meeting heard and considered all comments pertaining to the proposed discharge.
the need for developing housing within the region;
the need to develop and use recycled water;
beneficial uses to be protected and water quality objectives reasonably required for that purpose;
the need to prevent nuisance.
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19.
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
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,
The discharger shall not violate the following applicable prohibitions contained in the Basin Plan:
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(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.
The dumping or deposition from shore or from 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
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(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.
Waste shall be discharged a sufficient distance from areas designated as being of special biological significance to assure maintenance of natural water quality conditions in these areas.
The dumping or deposition of chemical wastes,
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.
(e) The discharge of any radiological, chemical or
(f)
(9)
(h)
3. The discharger shall not violate the following applicable prohibitions contained in the Bays and Estuaries Policy:
(a) The deposition of rubbisn or refuse into surface waters or at any place where they would be eventually transported to enclosed bays or t
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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 onshorc 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 in sufficient quantities to be visible is prohibited,
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4. The volume of material dredged from Batiquitos Lagoon shall not exceed 4,420,000 cubic yards unless the discharger obtains revised waste discharge requirement: for the proposed increase.
B. DISCHARGE SPECIFICATIONS
1. The project shall be implemented in accordance with thc
2. All dredged and fill material shall be disposed of
Findings of this Order.
and/or deposited in conformance with federal, state an( local laws and regulations.
3. The dredging project shall be conducted in conformance with the following:
(a) sediment shall be removed in a manner that prevents or minimizes water quality degradation;
(b) dredge spoils shall not be deposited in a locatio] that may cause significant adverse effects to aquatic life, fish, shellfish, or wildlife or may harm the beneficial uses of the receiving waters, or does not create maximum benefit to the people of the state; and,
impacts upon a federal sanctuary, recreational area, or other waters of significant national importance.
(c) the project shall not cause significant adverse
4. Prior to initiation of the dredging project, the discharger shall submit to the Regional Board Executivi Officer a detailed dredging operations plan, as described in Finding No. 4 of this Order. The t
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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 3
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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
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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 u 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 substances in concentrations that promote aquatic growths to the extent that such growths cause nuisance or adversely affect beneficial uses.
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(h) Sediment
The suspended sediment load and suspended sediment 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 that cause nuisance or adversely affect beneficial 1 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, or other enclosed bay and estuarine resources used for human consumption shall not be impaired.
(c) Toxic pollutants shall not be discharged at levels that will bioaccumulate in aquatic resources to levels which are harmful to human health. t
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(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.
(e) The concentrations of toxic pollutants in the
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Toxicity Obiectives
(f) There shall be no acute toxicity in ambient
(9) There shall be no chronic toxicity in ambient
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waters. The water quality objective for chronic toxicity is 1.0 TUc as a daily average.
Numerical Water Quality 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. I
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 removed from the waste to the maximum extent practicable through source control or adequate treatment prior to discharge.
(b) Wastes shall not be discharged into or adjacent to areas where the protection of beneficial uses requires spatial separation from waste fields.
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.
2. 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.
Any noncompliance with this Order constitutes a
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3. In an enforcement action, it shall not be a defense for 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 nature 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 similar systems only when necessary to achieve compliance with 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; and,
(c) A change in any condition that requires either a temporary or permanent reduction of the authorized 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 of this Order. la
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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 may 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;
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9. The discharger shall allow the Regional Board, or
(b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of I 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,
(d) Sample or monitor at reasonable times, for the purposes of assuring compliance with this Order ox as otherwise authorized by the California Water Code, any substances or parameters at any location.
10. A copy of this Order shall be maintained at the project site and shall be available to operating personnel at all times.
11. 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 circumstance, is held t
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invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby.
E. REPORTING REQUIREMENTS
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1, The discharger shall file a new report of waste discharge not less than 120 days prior to the following:
(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 described in the findings of this Order).
dredged or change in the amount of material to be deposited at fill/disposal/beach teplenishment areas
(c) Other circumstances which result in a material
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change in character, amount, or location of the waste discharge,
(d) Any planned change in the regulated facility or activity which may result in noncompliance with this Order.
(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 to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The discharger shall also furnish to the Executive Officer, upon request, copies of records required to be kept by 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 tc 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 current discharger and the new discharger. This agreement shall include an acknowledgement that the existing discharger is liable for violations up to the transfer b
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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. Monitoring results shall 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
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. A written submission shall 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, the
anticipated time 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)
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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 b
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(b) All other reports required by this Order and othe: 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;
The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity; and,
The written authorization is submitted to thc Executive Officer.
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(2)
(3)
(c) Any person signing a document under this section shall make the following certification:
"1 certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquir] of those individuals immediately responsible for obtaining the information, I believe thal
the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of I fine and imprisonment.N
8. The discharger shall submit reports required under thiz 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 I San Diego, California 92124-1331
I F. NOTIFICATION
1. The Regional Board may review and revise these requirements upon application by any affected person 01 on its own motion in accordance with California Water Code Section 13263 (e). 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,I1
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.
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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, San Diego Region, on May 17, 1993. &&
Arthur L. Coe I Executive Officer
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STATE LANDS COMMISSION
PERMIT
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STATE c OF CALIFORNIA STATE LANDS COMMISSION
1807 13TH STREET
SACWNTO, CALIFORNIA 95814 (TDD/TT) 1-800-735-2929
*( 916) 322-7841
February 25, 1994
File Ref.: W 20725.206
Mr. Gary E. Wayne
* Asst. Planning Director
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Dear Mr. Wayne:
Subject: Construction of Least Tern Nesting Site W-1, Portion of Batiquitos Lagoon
Restoration Project, City of Carlsbad
This letter is intended to satisfy the special condition of California Coastal
Commission Permit 6-90-219-A regarding State Lands Commission review. On March 8,
1994, the Commission will consider formally approving the construction of Least Tern
nesting site W-1, pursuant to the plans and environmental documentation on file in our
Sacramento office. Pending formal approval by the State Lands Commission, staff does not
object to the City proceeding with construction.
The immediate construction of this nesting site is necessary in order to meet nesting
requirements for this year. The construction of this site must begin in order for the site to
be available for the start of the 1994 nesting season and prior to the expiration of your
coastal permit in March.
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This site is part of an overall project to restore tidal action to Batiquitos Lagoon
pursuant to a 1987 MOA between the State Lands Commission, the City of Carlsbad, the
Port of Los Angeles and various wildlife agencies. A permit authorizing the construction
phases of the restoration project for Batiquitos Lagoon will be considered by our
Commission at a future meeting.
The permit for the overall construction of the lagoon enhancement project will
contain provisions for dredging of various areas within the existing lagoon, placement of
dredge spoils on the beach and construction and maintenance of the rock groins at the
lagoon mouth. A draft of this permit will be available in the near future for your review.
Sincerely,
?_ ~ZssLV.~ \b b Jane Sekelsky, Chief
d Land Management Division
cc: Sherilyn Sarb, CCC/SD P
Alan Scott
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STATE .PARKS AND RECREATION
DEPARTMENT
PERMIT
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STATE PARKS AND RECREATION
DEPARTMENT I PERMIT PENDING
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NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD
MEMORANDUM OF UNDERSTANDING
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APPENDIX 1 @ *
March 17, 1994 1)
ADDENDUM NO. 2: CONTRACT NO. 3429
BATlOUlTOS LAGOON ENHANCEMENT PROJECT
1. CLARIFICATION: Reference Addendum No. 1, substitute Appendix G,
regarding the Contractor's requirement to provide a Faithful Performance
Bond and a Labor and Materials Bond to North San Diego County Transit
Development Board. Contractor shall provide said bond(s) only in the value
of the work to be performed related to the railroad bridge and all other work
performed within the railroad's right-of-way.
The enclosed drawings, sheets 43 and 78, shall be substituted for the
corresponding drawings in the project plan set.
Reference Appendix H: State of California Department of Transportation
Permit.
The enclosed permit shall be included as Appendix H in the contract
documents. Contractor shall perform, complete, and otherwise comply with
all requirements, submittals, and fees as stated therein. No additional
compensation shall be allowed therefor.
Bedding stone as indicated on sheets 72, 73, 74, 76, 78, and 79 shall
conform to the specification as listed in the Standard Specifications for Public
Works Construction, "Green Book", Section 200- 1.2 Crushed Rock, one-inch
gradation.
Reference to Page 1-37, Section 8-2.1 regarding the requirement to compact
and spread aggregate base material on the cleared site. Change the
requirement from 20" of aggregate base material in sub-paragraph 1, line 2,
to read: "....a containment area, compacted and spread with 5" of aggregate
base material."
Reference Addendum No. 1, substituted page 1-15a, first full paragraph,
change line 2 to read: "....emDlovees are & bound bv the terms of this
agreement or obligated to make anv pavment ...."
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MEMORANDUM OF VNDBRSTANDING BzTwEEH CSTY OF CARISBAD AND NORTB SAN DIIIGO COUNTY TRANSZT PBvgLOPMENT BOARD
JUnm 04, 1993
'd
This Memorandum ai Undarrtmding {Moa) is made and antrred into by and betwamn thr CITIC OF WBRD (CITY), A munioi a1 co oratim, and the NORTI SAN DIEOO COUNTY TRANSIF OSVE8Pmm BOAR0 (MURD) MOO fa to document the partier undoxrtan fc ing and re5 andbd.liti88 for tho aao&fia&tfon of th8 BOARD'r
Carlmbad, CA.
The urp0.m of thir
Rlt H road Bridgm 234.8 (BRIISZ) Ottmt Batiquitor Lagoon in
REcTTzLt8
WHlSU%MI CITY hrr prmoiou8ly 8ntarad inta rn agre8msnt with tha City of Lor Angrlar, California, a municipal corporation, aatin b and thrbugh it8 Board of Hubor
undrrtaka th8 anhurc.mrnt af thm Batitpito. Lagoon
WBEREAS BOARD ir tha m8r and o rator of th8 Railxoad Bridgr 234.8 8tn;rcturm cr08i E: q 3atiquitor lagoon, and
WREIWU, thm PORT will sffaat cmrtrin arodifiaatioaa to ccx~pmrate for changmr af ecting
veloeLty, and
CL maintenanem-frea rubstruetur., and supporting structure"* md that the remmd {for proporad by tho CITY and PORT orill b. ruch thht the PA RI maintmnmor axprnoa will not ba inermarsd 8# a rerurt of the PROJBCT, and
mERE&S, in order to rrtiaf it8rlf that them rumdie8 urn apprapriata urd wi P 1 not caumc~ an inctom- future mafatmnanc8 8qmn8er thm WARD fntmdr to * consultant exprltt in muin. rtructu&a dmsign - maintenance to udvima it, md
Cad8SiOn8r8 Of t itg 8 OX't af -8 hgd.8 (PORT) to
e
(PROJECT) f and
lamantation of thr PRWCT b CITY and $1 btfdg8 rtructur+ requfr n am rg th. ItNCtW8, 8UUh 888 hCr.rS8d ot&t.r ralfnity UOUnd pfUng8, lowering of Cbmn+L LXkVart .ad inaZa.88d Water
PQBERZUS, it ir th. htant Qf CITY md PORT "to LnouXo
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, I- .-,-yet Y1:LGHI'I I D1yq;CWO 94- -,=I,, I,, . 1,i I i iir LHFL~U-Y SI
mR8Ag, CrTY &8QuiZ8a Ad0888 t0 BOARb'8 railroad ' right-of-- from Bati ita8 fageon nartharly to approximat.
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Palamu &port R8.d %#&thin th8 City of
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Carlabad to I[u rcilitatr thm 18 fag 02 crrtain trln8f.r
ip.8 boo8t.r l-llt th. RO CT8
NOW, TBE=FORE8 in conrid8rrtha of thmrm recitals and
E L
the mutual cov8nantr oontainad bmrrin, CITP and BOARD do hemby agr:.. am follows5
plana, rl aiffoationr, doriga drawinpa, and related support % ta, hafoxmation, axhibit., caloulationr, repartr, and ethos documsntr furnf8h.d by CZTY to BOARD for th8 PR6JBCT. BOARD, at it8 nolo elmctfon, M retain
2. BdARb rhall coordinate md rttmnd t#rthgm
1. BClASD rhmll rmviow, or ceum to LH zmvhwmd, CITY'r
private aOnaUItWit8 to r88i.t m With thi8 f8V 1 Ow.
1 an % ar8irt with th8 c lrtfan of tr rmvi8w. CITY and/er
of thin qraCc1p.at, b rbll fUnli8 K CITY with a written
regarding tho PRoJgCT a8 mry b. n8cemuy to avahata h act8 and affactr tho PWCT M havr upon thr BRIWB "9% PORT rhaL1 pmfd.p.t. r~y 8UUh w&thgS.
3. Withfa niart (90) erlrndar da a of final rpprevrl
SuJamaq rep* Of it8 fbdbq8,
COnUOinS8 Md COnUlU8iOa8 r8grrd f" ng it8 t8Vht Of thr
(30
Of w'8 8-rn E8POfi.
billing@ 8-itillg A != 8 a0.f fez add t.~iW*
a8thIl8, illt2.8,
aformentimmd CIT7 provi8.d docummtation.
CI Ti rhrll provide to bARD a writtan teviaw urd eannrunt
&d s&dt to CITY docuwrktmd
Within thirty day8 Of ita rmd, t Of th8 rboTn mntiQ&d r8pd,
4. boAlRD 8hrll pro Zlfgibl. cartr shall includm tha8r mcpandrd b BQAXl? far aoarultant
88miC.8, BdAHb 8t8ff tb8, ad ZOh z d 4k%pa8am* said billing8 8hul b 8Uhdtt.d to CZTY h 8 ferm W88ptrbh
5. CIR ahall pzottfdm BOARP I rufficimt number of Copis8 Of all Mt8dAfS, Wdld.bft8, r.-€L8, d;r&WhgS, lam and crthrr docummatr that currrntly ufrt for 8afd !ROdIP to rr8ht BOAAD With it8 T.9f.V.
6. CITY shall pay t8 BOARD up te but not to exfed, fh. ItM Qf tWmt thou8~nd d0UUr ($2b,000 fb3 EIOBRD.8 a08t8 &8 id8atif .d LLn BOARD within thirty (30 aa an a Z. h 4 am. & ZTY shall p~y d. (I of raceipt and approv.1 of BQARD'r p bil pfLr hgr a8 id8a ifid b pur~aph 4 i
E
* A *-2-t - __ I , ----- Ztl4 I b I : L I I I &I, ,-k-tF,L~~HU I
abm. e
7. In erdrr to fd.litrt8 thm conatruatiun of said PROJECT, BOARD hcrtaby grant8 prdsrion far CXTY to axtrnd it8 tarnpaX&q direha$ 8 pipa boo8t.r ruap 8)# and rOlit8d
BatL E with n th8 Ci of Cu mbad. CITY shall inrta 1, or cau8e to ba inlrtalls I thir rqui rmmovrd p,romptLy by CZm a tho coac urion af tha PROJECT. Plan8 for there temporary bpgbv.lwnt8 rhrll br 8ubmLttsd
CXTY rhall +a id uria B %w for ita r2cp.nr.s in rsvirrwing said plum and r8lat.d a%pnrmm, inaluding but not 1imft.d tor conrultant famt, St8ff tb, flaggin and inspaction fmas. Prior to aoamaacemaat of C8n8tZUCt 9 011, CITY shall axmcutm approgrfatm lfemnso agreammnts and
k
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3.
t
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I:
&ern rdlroad ti
r B
t-o -way itom
ip+ whfeh $hall be IK i Tp .mimWt, Withfa it08 k eon to proshtmly P& aW Af art Road, i? % at urd
k0 BOARD for ip IQVIl BOARD'. ~Oir#U~tfX%g 8ZlginrrS8-
prOW&d. proof Of i!i8Wln8@ aCC.pt.bh tQ 8oARp.
8. If b~quft.d, th8 CZTI and m will evaluat:. thio HOU rftor tho. month8 to a884tm8 whathrr chrnqrr in saopm, project adnrihfrtration and cortr urn rppropriata.
i.8 harmto hav8 aaulrmd thin
Fivr Uld t&Wgh thOfr X88 hcirford 011 th8 date wr tten
ATTESTt . A-S'Pr
EJYt BY%
so
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Studfmmt SUmaVry R8PO*, the Cit 8f Cu28b.d md 7 he fort of Lo8 &gJ.hS, BOV-2 21, 199 8 *Batipitoe ];agoon labmcmmnt Projwt, froliarina Ilk
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SUPPLEMENT TO APPENDIX G
NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD
BONDS, INSURANCE, AND INDEMNITY
CONTRACTOR'S RESPONSIBILITIES
RAILROAD PROTECTIVE LIABLIITY INSURANCE 0
ID
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BONDS, INSURANCE AND INDEMNITY
PERFORMANCE BOND AND PAYMENT BOND
The Contractor shall be required, at the time of signing the Contract, to furnish a Faithful
Performance Bond and a Labor and Materials Bond signed by Contractor as Principal and by
an established reputable bonding or insurance company (satisfactory to the North San Diego
County Transit Development Board, hereinafter referred to as the "Board") as surety, in the
penal sum of 100 percent of the Contract Price on each Bond. Such bonds shall remain in
full force and effect from the data of signing the Contract until the expiration of the one-year guaranty hereinafter referred specified.
INSURANCE
During the term of this Agreement, Contractor shall maintain in full force and effect at its
own cost and expense:
,,
- Worker's Compensation, with Employers' Liability Limits not less than
$1,000,000 each accident.
In the event the contractor is self-insured it shall furnish Certificate of
Permission to Self-Insure signed by Department of Industrial Relations,
Administration of Self-Insurance, Sacramento, California.
-
- Comprehensive General Liability Insurance with Limits not less than
$10,000,000 each occurrence, Combined Single Limit Bodily Injury and
Property Damage, including Contractual Liability, Personal Injury, Broadform
Property Damage, Products and Completed Operations Coverages.
0
- Comprehensive Automobile Liability Insurance with limits not less than
$1,000,000 each occurrence, Combined Single Limit Bodily Injury and
Property Damage, including owned, non-owned and hired auto coverages, as
applicable.
- General Provisions
The Comprehensive General Liability and Comprehensive Automobile Liability Insurance
policies shall be endorsed to provide the following:
- Name of ADDITIONAL INSURED, Board and its Officers, Agents,
That such policies are primary to any other insurance available to the
Employees, Representatives.
-
Additional Insured, with respect to any claim arising out of this Contract, and
that insurance applies separately to each insured against whom claim is made
or suit is brought.
- All policies and certificates shall be endorsed to provide that no cancellation,
major change in coverage, or expiration shall become effective or occur until at
least 30 days after Contractor delivers and the Board receives written notice. m
7
- Contractor, upon notification of receipt by the Board of any such notice, shall
forthwith file with the Board a certified copy of the required new or renewal
policy or certificate for such policy.
B
- At the time of making any application for an extension of time, Contractor
shall submit evidence that the policies will be in effect during the requested
additional period of time.
- It at any time during the term of the Agreement, Contractor fails to maintain
the required insurance in full force and effect, all work under the Agreement
shall be discontinued immediately, and all contract payments due or that
become due shall be withheld until written notice is received by the Board that
the required insurance has been restored to full force and effect and that the
premiums therefor have been paid for a period satisfactory to the Board.
Failure to maintain the required insurance will be sufficient cause for
termination of the Agreement.
- Approval of insurance by the Board as required above shall not relieve or
decrease the liability of the Contractor or its subconsultants under the Liability
and Hold Harmless clause included herein.
- Certificates of insurance, in form and with insurers, satisfactory to the Board,
evidencing all coverages required above shall be furnished to the Board prior to
the execution of a contract and before commencing any operations under this
contract, with complete copies of policies provided upon the Board's request.
INDEMNITY
Contractor shall indemnify and hold the Board and its officers, its consultants and employees
harmless from and against all claims, losses, actions and expenses (including attorney's fees), on
account of bodily injury to or death of any person (including employees of Board) or for
damage to or loss of use of property (including property of Board) arising out of or in any way
connected with the work and services to be performed under the agreement, unless caused
solely by the negligence of the Board, its officers, its consultants or employees.
CONTRACTORS RESPONSIBILITIES
CONTRACTOR'S LIABILITY
The Contractor shall indemnify, keep and save harmless the Board and its agents, officials,
and employees, against all suits or claims that may be based on any injury to or death of any
person or any damage to property that may occur, or that may be alleged to have occurred,
in the course of the performance of this contract by the Contractor, whether or not it shall be
claimed that the injury was caused through a negligent act or omission of the Contractor, his
employees, or his subcontractors, and the Contractor shall, at his own expense, pay all charges
of attorneys and all costs and other expenses arising therefrom or incurred in connection
therewith; and if any judgement shall be rendered against the Board in any such action, the
Contractor shall at his own expense satisfy and discharge the same.
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PERMITS AND INSPECTION COSTS
The Contractor shall obtain such permits as may be required by the ordinances and
regulations of the public agencies having jurisdiction over the areas in which the work is
located, and the contractor shall comply with all the terms and conditions thereof and with all
lawful orders and regulations of each such public agency relating to construction operations
under the jurisdiction of such agency. Any costs related to the above shall be borne by the
contractor.
PROTECTION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of existing improvements and Public
utilities within and adjacent to the job site and shall exercise due caution to avoid damage to such improvements.
Unless otherwise provided, the Contractor shall repair or replace all existing improvements and Public Utilities damaged or removed as a result of his operation. Repairs and
replacements shall be at least equal to existing improvements and shall match them in finish
and dimension. All costs for protecting, removing, restoring and replacing existing
improvements shall be borne solely by the Contractor.
--B
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RAILROAD PROTECTIVE LIABILITY:
Contractor will provide the Board with a policy of insurance in the amount of
$10,000,000.00 per occurrence in a form and with insurance companies acceptable
to the Board, that includes coverage as follows:
Named Insured: NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT
BOARD (BOARD), SAN DIEGO NORTHERN RAILWAY, (SDNR), SAN DIEGO
METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB), SAN DIEGO
TROLLEY, INC. (SDTI), their directors, officers, agents, and employees, as
Additional Insured as their interests may appear.
Term: Same as the Contract Term.
The Contractor shall be listed as the covered Contractor with automatic
coverage included for Contractor's Subcontractors.
Covered Project: As described in this Contract.
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BATlQUlTOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
POINTS NO. NORTHING EASTING
174 1,977,087 6,236,960
175 1,977,121 6,236,988
176 1,977,113 6,236,993
177 1,977,083 6,236,968
228 1,977,076 6,236,972
229 1,977,103 6,236,994
260 1,977,394 6,236,969
26 1 1,977,361 6,237,021
262 1,977,377 6,237,079
263 1,977,437 6,237,111
264 1,977,422 6,237,188
265 1,977,407 6,236,966
267 1,977,401 6,236,997
268 1,977,384 6,237,025
269 1,977,394 6,237,065 0 270 1,977,439 6,237,088
271 1,977,452 6,237,108
272 1,977,440 6,237,177
273 1,977,340 6,236,929
274 1,977,347 6,236,937
-27c
DREDGING AND GRADING PLAN AT AT&SF RAILROAD 0
6,237,
6,236
279 1,977,408 6,237,165
6,237
6,237
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
DREDGING AND GRADING PLAN AT AT&SF RAILROAD 0 (SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PlANE COORDINATES, ZONE 6
POINTS NO. NORTHING ' EASTING
6,236,
6,236,
6,237,
6,237,
6,237,
6,237,
a:
6,237,
6,237,
304 1,977,131 6,236,996
305 1,977,119 6,237,
306 1,977,176 6,237,
307 1,977,189 6,237,
308 1,977,157 6,237,
309 1,977,193 6,237,224
31 0 1,977,105 6,237,05 1
31 1 1,977,164 6,237,089
31 2 1,977,175 6,237,130
31 3 1,977,142 6,237,190
31 4 1,977,148 6,237,228
31 5 1,977,096 6,237,053
31 6 1,977,105 6,237,075
31 7 1,977,146 6,237,103
31 8 1,977,149 6,237,128
31 9 1,977,135 6,237,160
320 1,977,123 6,237,222
340 1,977,388 6,237,181
341 1,977,185 6,237,236
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CALIFORNIA DEPARTMENT
OF
TRANSPORTATION
ENCROACHMENT PERMIT
e
APPENDIX 1 e ..
STATE OF CAUFORNlA . DEPARTMENT OF TRANSPORTATION
'i ENCROACHMENT PERMIT TR-0120 (NEW 9/91) -
In compliance with (&e& one):
-- X: Your application of FEBRUARY 22, 1994
Utility Notice NO. of
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Agreement No. of --
WW Contract No. of --
/ Pumit No.
11-94-NMC0206
Dist/b/RtdPM
11-SD-SR44.56
Date
March 10, 1994
Fm Poid ospoail
$ EXEMPT $
$ $
Paformonco Bond Amount (1)
Bond Company
Bond Number (1)
Poymant Bmd hc
Bond Number 121
The following ottochments om also included as port of this permit.
(tCC oppkcobla):
.- x Yes - No General provisions -- y= - X No Utility Maintenance Provisions .- y= - X No SpecialProvisions .- Yes - X No A bCOSHA permit required prior to beginning woh.
t NIA '
In oddition to fee the penniitee octual costs for,
Yes - X No I -
Yes - X No - - xy= -----
(If ony bitruns effort exp
JMDdrnd CcPermits MNusr, Reg. Mgr. W~ggirU, znsp. TAllison Proj. Dev. N. e Double Permit
APPROVED:
Gary L Galleqos. District Director
By: GiPb Chris 0. Cutler, District Permit Enqineer
NAME: aM OF CAWBAD
DATE: Ma& 10,1994 PERMIT t: 1 1 -96NMC0206
0
The tidal inlet dike shall not be removed until all the bridge work, proposed i~
IBLE project, at the 1-5 freeway (which is not a part of this permit) is complete
Two archaeological sites are recorded in the immediate vianity of the contractor
area. Ms. Jacqueline CIayton shall be notified at telephone number (619) 688- lleast one week prior to starting work to arrange to have an archaeologist presc
The State of California, Department of Transportation makes no assurance or ex
warranty that the plans are complete or that the planned construction fits field
conditions. Should additional work or modifications of the work be required i~
to meet established Department Standards or in order to fit field conditions, thj
shall be performed by Permittee as directed by the State’s Inspector at no cost State.
:Notwithstanding General Provision No. 3, your contractor is required to apply j
obtain an encroachment permit prior to starting work. A fee of $280.00 will b( required upon submittal of the application to perform the work.
Access to the work site shall be from Permittee’s adjacent property. Direct acc
the freeway is prohibited. A temporary six foot chain link fence shall be cons
separate the work site from the operating freeway facilities, as approved and/or 0 lby the State’s Inspector.
‘Your attention is directed to Standard Specification Section 7-1.11 Preservation o
Property and Business and Professions Code, Section 8771. Permittee shall phy
inspect the work site and locate survey monuments prior to work commenceme
Monuments shall be referenced or reset in accordance with Business and Profes
Code.
Upon completion of grading work within the State Highway right of way, pern
shall perform erosion control on all disturbed surfaces to the satisfaction of the ‘Inspector and in accordance with the attached special provisions for ”Water POT
Control” and ”Temporary Erosion Control”.
‘Upon completion of project and vacating of the site within the State right of v
{dl aggregate base, asphalt surfacing and any other improvements shall be remo
disposed of outside of State’s right of way. Also, a permanent Chain Link feI
metal posts, shall be installed on its original alignment in accordance with the
Caltrans Standard Plan A-85.
If good faith negotiations to resolve the biological and environmental enhancemc
issues are not proceeding in a timely manner, Permittee shall be prepared to v
the State right of way, by the expiration date of this permit. The site shall bi
restored to the condition it was before the work started. Erosion Control, to
approval of the State’s inspector is also required.
Upon completion of the work, the attached card shall be completed and return
Page 2 of 3
NAME: CTlYOFCARLSBAD
DATE: March 10,1994 F'ERMIT t: 1 1 -9CNMC0206
0
'The following district Standard Special Provisions are generalizations of the Depi
!Standard Specifications and are induded only as a permittee convenience. Pern
attention is directed to the current Department Standard Specifications for comp
unabridged, specification requirements.
Once begun, that portion of the work within the State highway right of wa shall be prosecuted to completion as rapidy as possible.
AU personnel on foot within the State Highway right of way shall wear
orange vests or jackets and hard hats.
The Permittee is responsible for locating and protecting all utilities both
underground and aerial. Any costs incurred for locating and protecting
and/or relocating any utilities shall be borne by the Permittee.
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Page 3 of 3
F
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STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
' ENCROACHMENT PERMIT GENERAL PROVISIONS
TR-0045 (REV. 12/93)
1. AUTHORITY: Encroachment permits are issued under the authority given the Department, by Div. 1, Chpt. 1, Art. 3 in accordance with Div. 1, Chpt. 3, Art. 1, Sect. 660 to 734 of the Streets and Highways Code.
REVOCATION: Encroachment permits are revocable on five (5) days' notice, unless otherwise stated on the permit, and ex( as provided by law for public corporations, franchise holders, and utilities. These General Provisions and the Encroachmt
Permit Utility Provisions are subject to modification or abrogation at any time. Permittees joint use agreements, franchise rig
reserved rights,oranyotheragreementsforoperatingpurposesinStatehighwayrightsofwayareanexception tothisrevocat
DENIAL FOR NONPAYMENT OF FEES Failure to pay permit fees when due can result in rejection of future applications
denial of permits.
ASSIGNMENT No party other than the Permittee or Permittee's authorized agent is allowed to work under this permit
ACCEPTANCE OF PROVISIONS Permittee understands and agrees to acceptance of the provisions and all attachmeni
this permit, for any work to be performed under this permit.
BEGINNING OF WORK: It is the responsibility of the Permittee to notify the Departments Representative, two (2) days
advance of the intent to begin work under this permit. Permittee shall notify the Departments Representative if the work
be interrupted for a period of five (5) days or more, unless a prearranged continuance of work agreement had been made.
work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this per
STANDARDS OF CONSTRUCITON All work performed within highway rights of way shall conform to recognized
construction standards and current Department Standard Specifications, High and Low Risk Facility Specifications, and Ui
Special Provisions. Where reference is made to "Contractor and Engineer", these are amended to be read as "Permittee an
Department Representative".
INSPECITON AND APPROVAL All work shall be subject to monitoring and inspection. Upon completion of work Perm shall request a final inspection for acceptance and approval by the Department.
PERMIT AT WORKSl'IX The approved Permit Package or a copy of, shall be kept at the work site and must be shown 13
request to any Department Representative or Law Enforcement Officer. It will be considered a violation of permit condit and work shall be suspended, if the Permit Package or copy is not available at the work site.
CONFLICTING ENCROACHMENTS Permittee shall yield start of work to ongoing prior authorized work adjacent to
within the limits of the project site. When existing encroachments conflict with new work, the Permittee is solely responsibl
any and all cost for rearrangements necessary (relocation, alteration or removal of).
PERMITS FROM OTHER AGENCIES This permit shall be invalidated if the Permittee has not obtained all permits neca
and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety
Health Administration (CAL-OSHA), and/or any other public agenaes having jurisdiction.
PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum passageway of 1.22 meter (4) shall be maintained througk
work area, where pedestrian or bicycle facilities are existing. At no time shall pedestrians be diverted onto a portion of the s
used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barric
shall be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or in-
to detour pedestrians to facilities across the street.
PUBLIC TRAFFIC CONTROL: Required by law, the Permittee is to provide traffic control protection by use of warning I
lights, safety devices and other measures for the safety of the traveling public. Day and nighttime lane closures shall be
compliance with.the Manual of Traffic Controls, Standard Pians and Standard Specifications for traffic control systems. It intended, as to third parties, to impose on the permittee any duty or standard of care greater than or different than the dl
or standard of care required by law.
MINIMUM INTERFERENCE WITH TRAFFIC Work shall be planned and conducted so as to create the least possible
inconvenience to the traveling public. Traffic shall not be unreasonably delayed. On conventional highways, Permittee authorized toplace properly attired flagger(s) to stop or warn the travelingpublic. AU flagging procedures shall be in compl
with the Manual of Traffic Controls and the Instructions to Flaggers pamphlet.
STORAGE OF EQUIPMENT AND MATERIALS: Equipment and Material storage instate rights of way shall be in compl
with Standard Specifications, Standard Plans and Special Provisions. Where any obstade is placed within 3.65 meter (1;
of a lane carrying public traffic, the Permittee shall install temporary railing pype K).
2.
3.
4.
5.
6.
7.
8.
9. 0
10.
11.
12.
13.
14
0
15.
STD. PLAN ~a5
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(Completely revised.) (Use when project will have five or more acres of disturbed by construction.) (DO NOT EDIT SSP.)
0
.c2.1O-f. WATER POLLCTION CONTROL;.--W-zrer pollutior, Conm confom to thr-uiremens m Secnon f-:.OlG, "Water Foliution," of the Standard Specii and these special provisions.
In addition to the requirements in sail Stc~on 7-1.01G, tin= Conaactofs propam to water pollurion shall include a storm wwer pollutior. prevention plzn to preven', to th! feasible, any net increase in polhion of ssonn water runoff from enming waterways. Th water pollution prevention pian shall k combined with the water pollution concol F subrnitd. The combined submittal shdI i.tclude 611 the requirements in said Section 7-I.( the requirements sp~,ised herein.
?"his pmject is subjecr to *e requiremcns of Generai knnit No. as 000002 issue4
State of California Wale: Resources Conm! Board. This permit regulates storm water &
uso5ated wth cocsnc'11on ac.iivn:s. .Arrtnrior, is also direct2 to :he bookkt ennrf&, U'arer Poiimion Prevemor Pia2 Xmdxok.' pubisned by tne Dqanmen: to 2ssis development of the stm water pliurion ?wention plan.
Copies of the handbook, with Gened Pennit No. CAS000002 included, may be c from the Deparrment of Transponariorl Mareriel Operanons Branch, Pablicarion Disaibun 1900 Royal Oaks Drive, Sacramenro, W-omia 95815, Telephone: (916) 445-3520.
The Conmtor shaIl fully inform himelf of the condidons of the General Permit whict his operations and shall conduct his construction operations accordingly. Specifics Contractor snall compiy with the Geneni Permit's discharge prohibitions and receivin
limitatiOnS.
The Contractor shall maintain a copy of the General Perxriit at the consauction site a make the permit available to operating personnel during consrucnon acrivities
The Contractor shall allow authorized agents of the Stat: Regional Water Qualiry Board, Sate Watr Resources Control Board, U.S. Environmenral Protection Agency, a
storm water management agency, upon rfit presentation of credentials and other document!
1. Enter, at reasonable times, upon th: consmcdon site and the Connactois facilities 1
2. Have access to and copy, at reasonable times, any records that must be kept as spec
3. Inspea, at reasonable times, the construction site and related erosion and sedimcnr
4. Sample or monitor, at reasonable times, for the purpose of ensuring compliance 1
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be reeuirtd by law, to:
to the work.
the Genual Permit.
measures.
General Permit. Q / of /o
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07.31 1 I -02-!
Page 2 of
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Confommce wib he r=quberntn:s 0: tiis SCZIIOT. ski!: i~ ilci a.2). rditve the Concarto: frc his rcsponsibiliues. 2s provided in Secnor; 7-1.1 :. “kSm’XlOE 0: PTopCZ)‘.’‘ anC SPlctii --;. 13, “Responsibiii? io; Danqr,” of Li: Sancix2 Sp=rifi;a~ocs.
’I?lc stonn .T.. wile7 pollurior, prevtnnori $ai; shall inziucie crcsicm conrro! m:2sures ioi all Dh2:
G: mo, work. iRc stom v.arer poiimioc p::ventix -0- piac scai: 2:C:tvt tht oq:zr:ivts 0:. anc sh sacsf? the rquirenenis ourilnsc ir. s:x~or. .L; a: sznera: FtTTni: C.GOXK!~X. r~ia;:C ic t ~0n~~L~’s opmrions io: k: ptnoC of $xe bar ;he Conram: :E responsibir for tine ~ORSZX~~
sic. 3
iae Conmcror shall submi: tc tiiz 3ginsx an arntncki u~t: po!lilnor; zonno: progx -1ntn:ve: there is 2 change in consrxaor or ops,;atiop!r whiz5 r12>’ ~ffc:: tne 6isci~1g. significan~ quan~nts of poliurants TO su-?’zce waters. Founi watts 07 z rnunicipai s0,p~ztx SIO: sewti system. The progan: shall also Dt .zrTnendtC if ir is ir! sioiarion oi any condinor, of t
Gend Pemic.
-4 COT? of ti~o, stc)z- watt: poliutior; pxvenrior: ?!x.. togsnc xi:n an>. revisions. shd: 5: ic:
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-.
2: Lk, ccmsmcnor: sk
.. -. -. .. -nf ,3nTacizT +.;: zI;re lr,Tc.n.-~= ---(-e -n --a ---:n~c.- ~f avy<. .. -~ialv-- i I.-- 2rl22EZE IT, : .- wulc.- .,-.-*-. LL _L.C -.:L-..--. --. -t-
2:~ jxZaOC a:n\;iF wkici. rl~y resui: X, n~n=o~.?ki~~ u’::~. IXS~ SXSiE Z;T\’:SioS. -
c ~d comper,&or, for confo~ng 10 ;he requiremziXS in Sezio~ 7- 1 .GIG. “war~r Foiiurior
0: ~: Sm-dard Spezi;’izarionr an5 these jTsci& provisi0r.s sha2 5: considex? 2s inciuci~ in t conmc; prices paid for inp, vaious items of work &id no addirio2al cornpersation will be na e *. ui-rk.r. m m
2 4/( f0 0, co Q
0
!+'
.i .07.35 07-06-92 Page 1 of 3 0
(Use when project contair,s siopes aisturbed b. construction ana permanen: erosion control materials cannot be zppiied to such slopes prior the end of the normal construztioc se2sor.. requi-5 wriiiep ap?ro~.*al of Seaocuarters 'Consr;-uctiDri
0: 3r"fice or Landsrzpt Arthitectn-t. inciuot approt-ai for changes in ?sc---, Subrnircai.
Changes to this SSP
-ry
e- . :-. ~6- 2. - TEMPORARY ZR 051 ON COKTR OL:. --TEzI?o~x? SOSI 3i. conIi31
skdl zo~sisr oi ju: nor 'be hmitei tc. consnizring sack iaciiiiis ani taking suck ~P,~S'JT:S 2s ax no,:.e,ssaT 10 cro,venr concoi, ;md z5atz WZK. mui. and erosior. Garnag to public and privart propeq. 2s E resui: or' t;nz ~OCSCI~CUOT: of fni: ?r@'tc:. 5
%3rri~manzg witk th: requixrmxs of this sec:ioc snsll ir. no v;a>. reiiev? Lit Concazror fro= .-
c:s rqmcsijiiiLits. 25 proviki ir Sez:ior. 7-1.QiG. "k:ato,r Pdiutior.." Scztior, 7-1.- -.
'*--a - .,a-~2xr -0 3: -Y~T:F~," an6 Sp,zrior. - __ __. ~espo~sibili~!. for 3arn2gt." of rht Standzt s 3': 55 c 22 325,
in= rs-ui--,mtnrs iy. salc SsXi3i+ -,.LI~ L- ;ii&: appl: 12 EZ~SX? SX~OE S~~IX: ~3%. Tz~ p-mL f~: watt: pohrioc contra: 13 ix suSmno,C shzli inciccir tne Conam: E ,ians kr eios1Dz
cmuo: mt2surts fo~ & phzses of ult wox. 4
I
..
r- - - -- ,._
- - . - - ,.- - .. -
As 2 mininun-- 51t program snd: praide fc: he foliowing:
4a*
0
(Para. 4a Insert frequency pezr, and Dist. address.)
1. -%,mzdor. frrori rkinfa!i p_xpp,~:ti fro.=; 2 SIOTE d' 2: k2s; Z -vo,ar - fiequenc!..
jut on Copies of intens~!:-aura~on-~es~enC)' &E for tk ?rojsc: =e2 which may be o5tainS a: LQ~ officp, of ho, Discicr L)~T:cIo: of Yi~?spoZarior.t Sb
2. Tht Conmctoi's pians 10 conrrol pollution resulting fiom erosion md siltation on an:!
%E? the projecr with each &driipe she5 or system near& sepa-ate!!r. 4C
3. When the cse of &sfiring bzsim is shownt rhe progiarn shall include the foliowing info-maDon as a minimum
4cl
a. A &awing omlining ik disa~rbed area conziiburing to each proposed dtsilting
4cz
b. Tne capacity, in cubic yards, of tach desilting basin to be constructed.
, Caliionk.
bzsin 2nd indicaring tho, acrzzge of the clsrurkd area.
- 3 Tht scad capadv of each drsilring bzsin consrructed shall bo, determined by the Contractor ant no, shali mbr& to the Engineer the xtu~ field rnc~surements and the calculated capacity of each basin within 5 days following consnucrion of each basin. 0- % Q
e
07.35 07-06-92 ..
Page 2 of 3
6
By Ocro'bey i of each yea- such ter;.,porz?. zrosior; conro: fzarures 2s arc nescssar\' to przvtn: damage oaring the forthcoming wnrtr se2son shall b: zonsmcted and funaioning. If the Ca~wori: in any area has not progressed 10 i! poin: where all or pa^ of t'ne faciiities on the rzmpora? erosion conno! ph.s for ha: ax2 ear. .x CO~SZUZEC. tie Concactor shall consmc; such supplemznmii tempow erosion conrro; faziiirits a are nzcessai to protez; adjaxnr privatc
0
and pubiic propem. , e - I enpoz~ eiosior, mnuol in!xisuss shd incin5f. 5s: ncx 5: iirnirtd IC. the io!ic~%?g:
7a
1. Tho, Conraztor shall conauc; nis op~ia~ons ir; such 2 manner thar stornl runoff will D: contained wikn the projecr OT chmneled intc m: storrri &.E+.!z system which serves the iun&
area Storm runoff from one area sha noi ix a3owe2 to 5iver to another rmoff are2 7b
2. Stm &rain systems, toe of slope Gains. and ourla smcmes sbali be consrmcted ani o?eraring prior tc comqencing, or concurenti? .. with piacing. an enbanLment. Temporq. ciownck-ains, &nags smctures, and athe: xiices sha!) be ?rovidez to channel stom! runoff
water into the rescectivc pemanen: stomL &~n S>'StzT?.j axing conscuction. Mud and sii: sha b~, sed& ouf 0: the stom- runoff DE~OTE sac xndf emers tho, stom, &rain systerr,. 7C
d. - --A -qjzkT;.n: ~~25. whiio, 5eizg kiaxsk: l;~ r? sa55 2iiC 6~5~g ?ZXOZS e: zompie.zix
and she siltanon of downsream facilities and aajaetn; ax2s. Tnese measures may inciade. bur si& not be limited to: tempoizp aowndirains. either in rhe form of pipes or paved ditches witi; protectzd oudaIl areas; gad& krzrs aiound ares tc elininarc erosion of embankmcn: siopts by surface runoff; confined pondir.5 seas IO aesilr runoE and temporaT check dams in mo, of slope dtches to desfit runoff. 5d
4. Excavation areas. whiie being brough: to ,pat. shd! be ptected froin erosion ark the resulting siltarion of downsiream faciiities and acjaceni areas by the use of vaiio~s temporary xosicn conrid measures. Thsst ntasms may include. Sur shall nor 'w limited tc: check dams; confind ponding are25 to aesik the runoff: and protection, such as sand Dags around inlets whch have not been biougnr up to -gad.,. 7e
5. Contour graded areas shall be protected against erosion and the resulting siltaiion of downsueam facilities and adjacent areas during giading operations. Various measures may include, but shall not be limited to: the use of -aded contour berms to con';rol sheer flow: suppiemental grading of large areis around teinpomy or unfinished iniet structures, such 2s inside ramp loops, to provide desil~g buins; and ttmp0i.i ditch paving. 7f
.. r e-
?no: fC fini ioa$DP,i ZORS!TUz3OT.. Sd bo, ?;a:fC:P_C 5)' ~'k~~~~ x.2sSiiTeS to ekniIiatt erCsioE
e
6. From October I to May 1:
7fl
a. During embankment consmcrion, 2n emh berm or appropriate gading to direc: drainage away from the edge of the top of tt;c embankment shall be consrmcted ana maintam& on those embankments where earthwork ope=iions 2re nor in pro-mss. 7ft
b. Special attenrion will be requircd to protecr are25 which have been clearcd and ,pbw prior to excavation or embankment operations, and which are subject to runoff during &e perid from October 1 to Map 1. T res may include, but shaIl
0
4 or /o
07.35 07-06-92 Page 3 of 3
nor be limited tc: tem?orarl\. desilring basins: zmtou: _mdtd iixncs: tempo=-- p~d ani unpavei dirches; and fii~~r faon: fp,ncE,c tc fiiz sii: and sedimzn: fro= ?dnoff. 7 f3 c. After each stom. desilring b2sin.c sndl 'ct chtckek againsr thtir design capaciq. anc
0
if necess&?. siir and s&mtn; shall De rxnov& IC rexort capazir; ... .. / g* iParz. 7g aeie:e 'I siope'' or It norizonial'. . ;
insei: volume of each desilting bzsiri anc
.. . - :. 35 mnimcrr; capazir!- of eaci: ae.sikr?g ksiz wnm ma!. 5:: consnzttc shA1 be - cubiz yards ?E: siop: i?mzon~ ~st 0: ~~sIu~!PY=! =munL
8 Culver. pip: nsed ir. coqinncxior! u4ri; szm?ora?- tiosioE conm! rneasures which w2s neu'
R~EL aeiiver& io tiit pmjec; sit: and, ir. :ht opinio; o: m: 3gine:r. is no; Camaged anci whcsz &.nxnsions and ofnc properrizs confoT- to t5: rt?~r:m:n~s for new matend may be sstc ir! tnc
new WCik 3 rul! zoazensadcn for pfodng wax: Dokix .. zmm2 ~d tiosioc zonsoi which is no: E
32': of tit ?k:x: ~zixnzz: wm: sn.z 5: cxnzorti E: rncin6zi ir ?re conrraz: pncr: pair' 3:: -,:"1- 1.9-r rbJ - __ Is: X23+'2:' ",:E\'ZXK mc E: ZX;2?c2- ::7.3Z!?322.3I; V,?:. X aii3WX ;Z?frZI3:. i 6 ?uuC anper.sa5or. $E any txrc cos; ir,volv& is ?trioming plann~ pmxaneni water ?olixior connol and ension zonrrol SO ar: 2s tcrnpxc?. wzity ?oliunor connoi and r:mpoiaT\f erosior. connoi sn& Dc cmside~ed as iniludeci ir, tn: zorirx: prices paid for tnz various items of work
invoiv~ and no aidiriorid cumpensarior, wi~ ix aiiowei inerofor.
--
^.
-
. . ,. ... .. .-
@
5 oc /o 0 rO Q
0
alU&bblU. *A-AUT.ST
tr-30-r ~ 35, I PM 53.7
10.1.24 SHOULDER IIACfilNC.--Tfiis work
shall consist of constructing shoulder bac);lng atipccnt LO he edgc of rhe ncw surfarmg in accordance WILI: Ihc
cictaiis shown on the phns und tiics: sn~,-~' prwsion:. Maicrid lor shouldc: backlng s:,ai; COI~SIS: ol native
nuuen~ Ihc mucrial shall Dc blaccu c: grdud irom uu
adjacm IC rhe shoulder bocktng IS wlcrmlnci by Lhr. fngmcr or is shown on riic Em:..
Tntarcas whcrc shouldc: bsking IS LO bc consuurcd and arcsis whtrt native maitria! 1s tc bc obxmcr! io: shoulgcr backing shdi bc cizrcc 0.. a\: x'ccui, grs:, ani
CEDr::. kX!lOVCd WZCs ant' g72Si s1:3;. cc j!.$ai:C C. uniiorniy ovcr nujxcn: SIO?C arcas ;;x mnovci. CCDX
sb& Dt Cii~p~scd ol ouwoc Y~C !iignu'a> riy;; 2;' wa) ir.
Suxc Syziiiwilons. LargC rex;, ti. CXIV: IELZ:~~~
LSG io: shou!ncr backing SM! t: rxiuvx I:' O:LX~ 5.
9. -nc mpxxr. - Rzmovtl: ci' txgz :GEL:: irm: ~IVL' mm~ wig bc pnid io: as cxir': wui: 2s !>ruvid:rf ir;
Secuor, 6-f.0333 oi Lhc St;lndsd S;~xifi~uw.. S!iou!!jzr backing mai:rzii s!;~!! bc thorougiiiy m:xd
wirh LY bastmcnnr mFLi:2! by s;lr;rilym; UT wumg an:
~ho,r. waercd 2nd SoiIcc tt! iorri: 2 s~nootii. i;rni!y cDmo;lce:d swincz. Watcrng sm:. ronlorir! i~i I!:: Frovrslons :I! Stcuor: :-$ "M.a;rn!tS," zT 11:: Sancui:
cmntcrlinc smioning or post mileage ;ts dcrcrminc Engin=.
Thc ConL'u prig paid w: smior. for s b3tking shl: :r,Augc fuli cornpmsauor. io: img lilDor rcxcc?: rcmovd o! rcxcs from rrauvt m m~rialt, ~00:s. equtpmen:. and mcldcnair. ;;id ic
21: thz work nivoivcd 11: ccnsrrucung snouibzr t
comolcte in piarc, inciuding iurnlsnin;;, I mainxning, an: rcmoving portablc ocilnmo
signs and Emporq suppers or brrrr1cau:s ia. ir
;1: show: x. L';C pimA, z s;c.til'lcc ::. :x 5
L?XilI~U""-''n' -..3 -..- 1:::s: s--,cn; yov:uoni 3nL 2'
oy ;ix =nginz!:.
* i
? ,- .-
c
#- -I ;I
- . .- 3CEO:WCC WIL~ bc provision: 1:. i.c:~;t~~ ,--.:: 3. th:: H L ~4-1.~ :X~S!OK C~NTRCIL ~TYPE scsrm CDI~UL: :TyD: 3; sing sccd (?p- ''. :Type, 2) sril :mhn LO gv: provlslons 1:. 5;:~: "= -rosion Coniro:." of L?: SU,WG S~~llj~L~( Incsc spcr:~ ~rovisioiis.
Eronor, CXKO! work shall cocsn: zi 37D scp;l;ste apiizxm of crcsion .mnuo: ITZX~S {TyDc 1 j 3nc , . y~ 2j LO embulkmen: sicpcs. e';:
SIOPGS, nnc' umz arms dcslgnacc b!' in= 5n Zrosion cont'u. snd! no: k app~ee to t?: iz;~1;31
S~OW~ or; L?: y~ns mc a.n~ L. LC r:::iv: ~T~XR,
-
- 5yci.Cxaoi-L. F;aR?;!n;. . I:c :;3::C;l::a"L SSL. =3?.s::s: :, 1m.c io
LX ntP- S~L-:XIR~ p::c: YL p;:,=~n= :: ir. :m. I)L\S:I~DT., no: sn;i;l c b: b!auz onlc ulc ccw su::'ac~ng durq m:xing,
SXIAI:~Z S~;=iciz~ T,~LZ;L: s~L!. ~2: 2: czDL'Si;cL 37 XYL SXL: zc z;:.:~ IR L~C ~Z!:~W!R; s~~~c~~:~
Lgm.E &.
e. wmng, an:! blading oy~i~~ns. r,s=.:, w, md WG-.
Sh~uidnr backing consrrucLior. shz!! Sr comni:zc RiE ZLZU'.
fzniiiz:. 27c w3!e;.
dong tqe eogees oi any poriior; of ncw su:fiicing wit!liE 5 S:abi!iting ernu!sion, fiber, comn
cays 3jmcomplction o: L.~L pnruon of 9iz new ssriicing. Ljfit.2 S& *&E as L% Con:rjrtoi IS ubi:: LD CUIII~~CL~ snocie: backing along any ponicr: oT n=.w sur:xir.y, nr Gs~ ~~ypz 12 ha1: k 3ppiitS to 311 xes cii!
six!! Fmsh and pkc ?or&\=. Liciinzmrs slid C3: "LOW by grading iran4n;lon :13i;+S,C ia Satrioc :23;.t Shouiac:" srgns o!! of ani ai',jac::ni is w ricw surixscg. rs Sa& 7yp: 2' spa!: be 2pplied IO SI: xc all
is w.ruS1s ckilneaior and s CS i si:? s!:~ll. b: p~z: 3: x :by grading irorr. Lation :2Ji& u) SUGCE :2fji7 tegrn~ng of hz c.ir3p-ofr in the dlrcftion o! L-Jvci on t'ic 3ci;accn: kx, and at thc lullowing ss;::sstv: n:r;xi:nurn ciervasaIfon,c be uropof::
G& s-> 0
\ I,etwa w-sc;.rvt IC --;
MATER I AL s .-. Matriais SG:: :onioj SeaJon 2s-2, uk:313i21s," of rhc SD&i S7n:ifi:
XK! the foliowin;: s! signs . z,O!y: :E:
PmnS:e rklincators: SEED.--Sezd Sk311 canform :o L?: p:ci in Secwrt 20-2.1c, "SC~C,~~ of L?: ss or: mgcns - 5U! kc: Sp~ificllions. !ndividr;;ll md spe:::~ sh:
e; curves - 200 ka rnaurtr: a;: mixed in Lht prance of ti?= 3gl:
Sczd nor requirtd to bc Iibcjci unac Cdifmi;! FW~ ;in(! Agriculiud Cot: skk: bc
io: purity and gcnninauon by a scci lilbo:
wdficd by &: &soci;luon d Oflicirrl S*& kr; or ii sccc icnnologisi ccrtificd by rk: SOCI: Commercia: S& Tcchnolopsts.
Sect! shall have bccn icslcd for puriiy gcrmication not more than one year pri: rrppiiw!ror: or sccd 0: stxd ski1 k rcxsrcc! ; CanW3~mr's txpnse. Results :ram testing or rcesling stet ior 1 and gzrminmon shall be furnishcd LO the Sng prior to applpng scccd.
Tht pm!!!e dtiinwiors and C31 signs shal! bc mainured in@= 7; ach ttraiion uriiil s!wu!tlcr cxting
opcraticns are compicicd a: kr;! loczior.. 3orabrc
dciimxwrs and signs SPS~! coni'orm LO IJC rquircmcns in Scctron 2, "Consuurtion Arc;! Tril'l'c Corirro! DWCCS." of * Sm&d SpsiCictltions. sx=cp! t!ic signs may be SC! on cmponry poribie suppom 0: OII twrkucs, Shouidcr h;lckin; will be rnc2surcd by ihc sntion
consuuc~~ ii suion shll bc considcrcd IUD Fcct. 'I'hc
length of shoulder backing lo b2 Fsid i'or will bc
dctcrmintd from aciud mcsurctncni. or c:iIcuI:itcd !iorn
along zixb edge of surfacing whcrc shou1d;r backing is
0
ALZ2hL so, k.
--.~ _-.. . --- -- ---.-
N 0 N - LE G U hl E SEED , -- N on - 1 t g u m c
sccd for ScCC Type Ij shll consist of thc foliowing:
LEGUME SEED.--LCgUmC seed shall bc
pcllcr-inorulatcd in accordancc with rh: Drovislons 3r; said Scctron 20-:.IC. CXC-~: th3:
Drov!srons IF Lullc~in 18C '*R;lngc-Lc,oumr Pcccn: , Pounu :
Noauir Bac~cr.~" of th: Univzrsl:y or Caiiiarn:t. (Cornmcn kunr Ohiin- mum. {jiop : imum! Gmu- . rn=+; 31vuior: 0: Africuiiurc and Satura: Rcsourccs.
?U:I!*<, mmr mcni: I an: shal; Dc adde6 31 tnc :31c 0: 5 pounds or
s&.
zn,Ci:a caiiiom;, r;r E?:: I~~~~:IUOP 0: shdi bc. r:inxuizt& prlo: ~CI I C:1i i in m ::i 'r: z!! i 3 :pi:=au CY.. -
L~~~~ xcL m3)v bc pzi,ci-lnacui;ltz~ n!, ;r:oFonum iaLiLUiaiL7 I? 6: ze~;,ozs c:fir- LhaT. me provls,ons lri s3,c :Z:tiiiorn:;; I~:kwr.r:.
Zullctir 1 h;, provided mc following condi~ions !.somcils uwrE
9:. C? LC !%:iKlC-ml Li :LI!11!ix: Saiviz rnzIi:ic 5r
in:: inoculaiior shall bc. IC accoruancc wltp4 th:
inccuialio:. anC fi1trogm Fixairon DY fic;oi.
tn3cu:an; bxtc:;; pz: 1% pound: or irpm:
Y,3\--:7.'\:- .<E_>
to;ulic~ Xmc Eccn: ' (bilrl- ' w-m. 1
0
J ~llsmo'/*'. . .A" ~~IlIC7,~~ ..,
0: 't i.7,r.i i jgT.;: T*n?-,T
C. LC~U~Z SOC~ sk~ii b~ S~WK WILilir. 3; cay5 ". 6. -. c -
.-
2 .. I(.
*r
-_. _. J nc r;..xhori OT incczi3tioz sk3I: b: (niacit Sarc't cc ' L) - -
2?3r2:'2~! b:, Ih:. cngin::: ?:IC: tt ~~LCKCS:~ CLiii WTK; incxisung DC sx:. !Caiiiom::: S:;rrnnsk .- ._ . 5r ' 13'
minimu- :x 5 .C ?nounus d ~no=u!ari:
G2z::::L x: 131 n3ilnc.c c: k;u-n,- s-2;
, "*^. .mrG!,; S", i=,- -..ri -\,- -' . ,-A":cz:l': G: ,:?a:Siv'C mii:c:;:: :: ;::s:~ :.?:
:xc,;3z;. LC 22 S"X!,. .. . ;c3-"" 3-r nrr: -baji i
-&.'mPq'- c . IC . e--? -z.!-.'h-!: A==- .&- ,OUlf. -. . Grm. &a. ; .xuncs - .
%=En: ! Uvilrt- j mapw I ?: th: Conirxior ciz:s 10 xriorm tlic : aownixl xarrAc
~ (MI,,- I rmumj i csiopc: : imuc:: ! Gcmi- ; maww :
?m!v na::nr 1 m2.n;'. :
dp,cn;z ;;;LD-*!*- .&by: L. inacnian: sria!! bc arid:: 2: ;nc -- .. 0,- ,^ 2. r, : '>:illn:.Tr; 9;1rsv
2.v- . . - ."- -. sn,. c3njs;;
3.- Lhr ;o!low::;:
e. -u.JL& S-rr S 1 lAa\'C 2 C3:CIU;T.
inocuiation 3.i mc legum=. sccd inssad o! having
:: dorz c :crr,ncc;3:i>, &c fonmcto; shll noiiiy
~hc =ngIn=cr 3: kx: 2 C~S Frloi it. suck :nszuiaricr.. Lcgtlrn: sc;d :nO;u;-~-*' t&..WL by :hr.
cOT.Z3ciO: ~~31: cc ~XCL: in s~prt::.:= :onain:r_r
ani smll nc: $: m:xcd with 01h~: SCC~ F:ioi is
20nLm:r :is 0! Lk inoculrrni 5xtcr:Z thj; shou
in: :xpirs:ior; 6aic shaii bc d;iivcr:c :o :kc .- io! i ow in:: -""]7""'
Lqumc sm! iot sxc! (Typc !) shaii consis:
o.? fnc ioiiowing:
;
i '
(common %me) e
Lupinus SUCClil"L~~ . " 85 ' L ?= 1 Amvc Liinfnc '
TRWP,hU.UrW~.. +< , 9c i 12 : '
scx! lor sccc :Ty;r 2;. s;.,a!l cans!:: of me
sam,pi:ng b!. :hc - snginccr. Empty bags and -
5 u h- sics L'ME .srm=%Tg UTT: p
.-*,- I Yr..
! Y::L,S,:; SEE7 -
' p-acni I !Awnti.s ! EuJ~:~ Kame i ?cxTcnr I (Min- i pzxr: : (Camam Namc: ! (Mia- 1 imumj j {Sl~pc j
f imm) i Gcrmi- ! musm 1
I Ytrri!v I nntion i ::nil !
is!
- I "- idoitun: nrnurr! 'j-jyko~' '
, Lupinus SUC:UIC~IUS i
fAmvo Liininr:
Low scparius !
O-lvKnt, Roy Onvc-: i 8 ?: j 9n I % / : 0: j K: ; ! c I !
,D.x?Wd' I 8:) i i T,T) j X I i
.. I I
I -
7LJ 10
57 .o po 8
0
i t~crt+v )c~uitll~
BomkaINYne i (Commor!N;une) PUCcnL I (MU\- p~r;lCrr:
I i ~hscfro~c;ttrlornic;t
i ICaliiamra Ponnv) ; En~hcdil0rnI;rt
, socd has bccn ;LLIucd 10 mt mixture: i ..95 i 75 I 1 I Maw& PWllrls k Am
(3kk Saacl &m#&wha
I hydro-swLng eyujpmcnr, hhc cnw- R ; so : 2 i c ;onLcnu conlttincrs s~ull bc used in prcpiuing be f I
Commercial iwilizcr shall coniorm u, rhc provisions
ir, Section 2c;-2.U2, "Commcrci;li Fcniiizcr," of th:
I .Macri;L1 PW ?cr *rY, !Slonc m=tFsurcmcr
v
. -. -- 1, )&-E- -1._ .____ _..... .-. .. .-
e /,P\,,--
I ---- --
/ +
- -- .. -. - - --.-_- -- .
! -- T'L', "3-;.ri*q3k - t _._ L. .- - . - - - c, -~ T; ! .L;
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All arcas uca!cd with erosion Control which in hc 'nron of Ihc Enprnccr did not cstabiish suffmcn: sccd ,~minaLion shall bc rtuwt:d with Crosron coniro:
* ' matcrrals &T srnificd in best spcttal prowslons. Tnc Contrarto- .ski!; pcrfofm this work wrlnn X cay5 0: e x:ng notiicc In wnung by be iingtncc:.
Dcforc any work is smrtcd in an arm whwc ~n cxlsltng tmpauon Croswvcr conduit IS LO bc cxtcnd&, bc
cxisun; conduit Shall k IxaW by thc Conwtor a: h:: cxxnsc. Whcr cxolorala? holes n use LO ixae m: :x:s~'r; condur:. sxrl cxp~oam~ no:%: spa!! 'w cxxvaic;
ir. atrord;lncc W:K mnc prov:slons IC SKUOR 2C5.C.j:,
Cmss~~::.' 0: LIX SZUXLU~ SEiilxu3ns.
:x::::;z, SUCI; czc::~ sw: X emovc Dnor 19 cxenimg cc)ri~'c. krnxa. o: crbr!; w~yll~ ut 11:s: : !X: I:.
SI;:: :ocgfi::s sea: X 3: ~92 C3nrat:orz cXDCC52. 1:
cc5r:r !.c cnzounzrcc. I:; m: zondu:: mDc ss. 5 icc: IZF mc zac: zf LR: CD~:.UIL: :E 22 cx;:ncz. ~ccr. 23djuora:
CC>:T:: sh2!: ~t rcmov:c wfirr. d:yz~x '0:' fi: .-:!,l~~-r.
J','ncr. u~z::cC h L>C 2n;:zz:. rcmDv& of d~~z: mc;c
~13' r i~: IiCZ. E:. cnus ir. S.U:R :cnnal~~ vrii: x pa;^ ia-
5zia-i SL;'-ld,l~as. --.. --.
- .,c ionmi: 13: H:XX LIR: Crcssovcrs mc Spnk:iz Conm;
.. 1' ocbni !s cntouniccc in m: =ne.; of conduirs :o b.,
7: .2G I R RI G A TI Oh' C R 0 E S 3 I'ER S . -.
5::unr. 2:-5. "ln1,c3~1on Syst:ms," of LQ: Jmnc;z: L~ifixucx mnd k.cr nxral PTDVKIOCS. ~m,ga:;~: C~OSS~VCT, SPA; inciuc: con5-z. waz: i:nc
=~~S.WV:E.. smnuiz xm: ;mssovcrs an: Z~UFLZXC:~:, 5::~ C- 1.1: ronauic wart? iinr ~osmvcz u:: spnni:::
CXIL-~: CTSSCW:T;, six!: Dc s snowr: I:. :hc "iT!,rs;io:.
Czss9vt: -25::' IT. Dnr .J;iL?s.
,OilO~!i:: s;?a!: bt ?iacsl xr; Dpcr. :-cnch:: ;r
,x:c:: is: Wac: Lln: Cmaovn,n 2qd s~nr>;i=y ConLrs.
irnp~ior. crcssov:rz SKI!: :onform 10 LRC ~~OYISIO~S IF .. --
-
-.
C=:DTS:!CC: wim m: nrm'!slons in Scc:;~: IC.-S.:?Z. _.. ,:: #.-.-.- I__c KC~:: x ~TDVIUC, 1: :~:lor. L.:.c:~:: c: tie
I, c
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-.v "..I_. .. '+Van- 2:: mssbvc~ sim confom. LC LP,~ provision:
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Smnki:: ronrro: :rcssovcrz sktl: cc?.!,~, :c !x
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~ncuit an2 ?E!! t3oxcr.," cl th.c SmW S7c::icalicr.s.
--;A. xccs ic: mgauor; ZCSSOVCTS s112il bc :nj*&ik 31: i
'2t.nELIor: 2: f3mC3C:CC mi:.
:CFL;~~X SI=: p:~.
FF. t i5' supp!. kc.
nmzc.z;;i: c:c.ct-.zi ton~~;-
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mi szc mC sr;aii 'W s$:tc2 D L?: exsting con2uctors lr, so~rtccn! nul: box=s. A[=: :hc ncM' ccnductors EC
&V:SK~S :E ZC=~OC 2G-5.:-. "C3nducm:. 5crt-x;: insziicd, !!IC concucarr srali bc icstcd IT: VIC Same nmx: syxi5ci iz: miij: -c!gr,d. sqr! iliumlnzGor., ani iipang c:r:uis IC Z::O:C:~PCC wik ~hc pmv:slcns 1:. .L..br~ ..e.-, .C
Vi x:: mc. c~cssvc: cxzcnsions sad: b: giasr;: pI~
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..-"A ,,* ' ..u..uL.. .:W' LWCk, W1.I 5: EXSC& a?: 322:: for 2;
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2npurLcna?c:s. and io: grcssur: tcsbn; w2tCr lrnc
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15: cont-a;: pns: pi sr iinenr fm: !ST &-inch
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%:ij 31lC nc addibonai compcabon wi!; k Ajowd
?r.tr",l or.
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JC&K~;C 1: accorczx: with L?c pro~rnons ir, SCC~O~,
ZC-,'.: jC. "?"rcssu:: ?esring,*' ci me S:and-.:e
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5: ?xm:z:C ?or sioy: ;t'~:pt?s 0; conau~r ZEnsians
icsi:x:* by thc Z~?g:n=:. Lmgatiorr crossovtr c3r,2m:
io:. . 11w -#. --.c -w4a~az~ yjcc ;zit yr Iina 100; for exend 8. inch tc!ndui; six!: incluzc ful! tompcnsarjon for
10-: .t7 EXTZMD IRRISATI 0% iurnisnlng ai: isbo:. rnaL::ia:;, too!:, cquipmznr, and inc~ticn:air. and io: aoln; 2:; thr work jnvoivd ir;
cxtcndln: migatlo2 xossavcrs, compiclc in placc, Including snctur= cxwvauon, smc;urt &kill, WE:
iinc crossovers, spnnk!er control CTQSS~V~~, conductors. and qnrtmntcs. and io: ::sung cixctrlcai cucuiu and
ptrSSurc 1cs:ing wxcr kc CrossOverS, as shown on hc
PhnS, 2s Spciilcd in tht Sundud SpccifiuUms and hew:
Swiai ~rovistons. mc! ;LS dircctcd by the hgincer.
I r *rn
c
p:~:: lr. ::::= of ~h: !:ngi: dcs;gmw will nor ~c paid
I .-
CR OSSOWRS.--Extcnd :xisting i~rga~oz ZOSSO~X
~k2 conform (3 th: provisions in S;c:ron 23-5. ,mPt:on Sl;stn,ms," of tic Smoard S&-ii::3bions and *a - SPX:~ prcwisions. .
=xmS lmgation cmssovcrs sMi in;lu:: conduit.
WZC: lfrc CrOsSOvt:, and s?finklc: control crosscvc: : S1011: ane appuncnanccs. The sizs oi condul:, wale:
iilrt CKXSOVCi and sprinucr CO~VO~ cmssovcr cxten~rons sbil bc as shown on he plans.
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0 59
-e
CITY OF CARLSBAD
SPECIAL USE PERMIT
AND
MITIGATION MEASURES
a.
a APPENDIX
.A
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5l B
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BATIQUITOS LAGOON ENHANCEMENT PROJECT ON PROPERTY
LOCATED EAST OF THE PACIFIC OCEAN, NORTH OF LA COSTA
AVENUE, WEST OF EL WINO REAL, AND SOUTH OF THE
NORTHERN SHORE OF THE LAGOON.
CASE NAME: BATIQUITOS LAGOON ENHANCEMENT PROJECT
CASE NO: SUP 90-9
WHEREAS, a verified application for certain property, to wit:
Banquitos Lagoon as bounded by El Camino Real on the east, La
Costa Avenue and the shoreline on the south, the shoreline on the 1
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of the Carlsbad Municipal Code because the dredging reduces the potential for f~
flood hazard in the lagoon floodplain.
The proposed enhancement is consistent with the various elements of the General
because it provides for the preservation of natural resources in and around the lagoon
it follows the intent of the Pacific Rim Country Club and Resort Master Plan by conuo
the odor and ensuring year round water levels.
4.
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3
4
5
6
7
a
9
10 <
3. An encroachment permit shall be obtained prior to the commencement of any corn
on Ciq property.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Cornmission c
City of Carlsbad, California, held on the 18th day of July, 1990, by the following vote, to 7r
AYES :
NOES:
ABSENT: None.
ABSTAIN: None.
Chairperson Schramm, Commissioners: McFadden, Erwin &
Holmes.
Commissioners: Hall, Marcus & Schlehuber.
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14
I.5
16
17
18
19
I I )4%wwiu @&.-....-.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
18L1~JL&d*7&,LLLc~
MICHAEL J. HOLZM~R
PLANNING DIRECTOR
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22
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25
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27
2a
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009878 PC RES0 NO. 3073 -3- I I
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7
CASE NO: SUP 90-9 - I( APPLICANT: PORT OF LOS ANGELES
WHEREAS, pursuant to the provisions of the Munici;
Code, the Planning Commission did, on July 18, 1990, hold a dl
noticed public hearing as prescribed by law to consider si
request; and
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17
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1.
2.
That the above recitations are true and correct
That the findings and conditions of the Planni 1 I 1 Commission Resolution No. 3073, including a statement
1 overriding consideration and supportive findings, on file wi 1
23 8 i for permit application purposes for the following reasons:
31
4
5
6
7
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4. Mitigated A maximizes the amount of dreeged SF.
that would be available for nourishment of the regions sevcro
eroded coastline.
If during pennit review by either th6 Corps
Engineers of the California Coastal Commission it is determin that alternative Mitigated A cannot be permitted, then the Ci
Council finds that Mitigated Alternative B is a1
environmentally acceptable and that it shall be approved f
implementation as recommended by the Planning Commission witho
the need for further review by the city Council. Subject to t
foregoing, Section B of Planning Commission Resolution No. 30
23
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8 / (SEAL)
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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 identify 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 tl
No Action Alternative. Modifications to these mitigation measures might be made fc
the alternative that is ultimately selected.
The mitigation measures in this plan address the three stages of project construction
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0 Preconstruction planning and site preparation Construction activities
0 Post-construction activities associated with termination of construction
The level of detail of this plan is consistent with the present level of detail of the prc
ect construction plans, which are still being developed. As construction plans are mac
final, site-specific modifications to this plan might be warranted.
As the lead agency, the City of Carlsbad will be responsible for managing implement
tion of the mitigation plan. The City will exercise its responsibility through a Mitigatic
Monitoring Group. The Mitigation Monitoring Group will implement the plan and WI
be responsible for its monitoring and documentation in accordance with the mitigatio
monitoring plan described in this section of this Final EIREIS.
The Draft EIR/EIS identified significant or potentially significant impacts in nine ge1
era1 resource areas. Table 4-1 lists the resource areas and summarizes the relevant in
pacts. The mitigation measures associated with each impact are identified by numbc
in Table 4-1 and described in detail in the text of this plan.
t 4- 1
Summary of Impacts and Mitigation
ResomAredPhase Impact Mitigation' Effectiveness
sTRumREs Dredging Impacts on IAJB, These measures essentially
Bridges lC,ID. minimize the &ana of 23 structural failure.
Hazards to Utilities 4 The risk of damage to the
From Beach
Nourishment
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outfall will be minimized.
WATER QUALITY Effects of Dredging . 5.6 Suspended solids will
on Water Quality continue to have a localized
impact on water quality.
Water he1 78 A nernriy constant water level
Fluctuations will be maintained in the
lagoon.
9,lO. Suspended solids will Impacts From Soil Emion , 11,12 continue to have a localized
impact on water quality.
13.14, The likelihood of spills of
minimized, as will the impacts
of spills that might occur.
Fuels and Lubricants
in Lagoon Waters 15J6 fuels and lubricants will be
Nearshort Ocean 17 The physical measures taken
Turbidity to control runoff should
minimize excess turbidity.
These measures should
eliminate the potential impact
on the Encina WWTP
compliance status.
Encina WWTP 18
Compliance Status
Risk of Encina 4 The risk of damage to the
UTWTP Outfall
Failure
Fuels and Lubricants
in Ocean Waters 15.16 fuels and lubricants will be
outfall will be minimized.
13,14, ?he likelihood of spills of
minimized, as will the impacts
of spills that might occur.
AIR QUALITY Equipment Pollutant 19 Compliance with the Air Pollution Control District
permit conditions will
minimize the air quality
impacts from pollutant
emissions.
Emissions
Fugitive Dust 20 Adherence to these measures
will minimize fugitive dust
and other particulate matter.
aNumben refer to mitigation measum described in the tart of this section.
Residual Impact
No residual impact.
No residual impact.
Residual impact is
significant, unavoid-
able and short-term.
No residual impad.
Residual impact is not
significant,
unavoidable. and
short-term.
Residual impact is not
significant.
Residual impact is not
significant.
No residual impact.
No residual impact.
Residual impact is not
significant.
Residual impact is not
significant.
Residual impact is not
significant.
p. 1 of 4
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Table 4-1
Summary of Impacts and Mitigation
ResourccArramhaw Impact MitlgaUona mcctlveness Residual Impacl
FISH AND Loss of coastal Salt 21- Salvaging wetlands vegetation Residual impact is not WILDLIFE Marsh is a new, ocpcrimcntal significant. approach; succtss is not
guaranteed. To the extent
that transplantation is suc-
ccssful, the impact of
construction on the avian
mamh habitat will be minimal.
;
Residual impact is not Lagoon Aquatic 5,6 Suspended solids will Reso- continue to have a local significant and is un- avoidable and short- impact on water quality and
lagoon aquatic rcsou~ccs. tm.
Disturbance of 213, These measures will minimize, Residual impact is not
Lagoon Fauna 24.25 but not eliminate, impacts of significant and is
construction-related dis- short-term.
turbances. There will still be
a significant impact on the
wildlife of the lagoon.
California Least Tern Disturbance of Nest- 26,27, Disturbance of California No residual impact.
ing Behavior 28,29 least tern nesting activities
and foraging suc(xss should
be minimal.
Loss of Nesting 27.28, These measures should No residual impact.
Habitat 3031.32 minimize the chance that tern
nating habitat will be
unavailable or unattractive to
the terns during any of the
nating scasons oyer the
course of construction.
Western Snowy Plover Loss of Nesting 31 The -tion of the nesting No residual impact. Habitat sites for terns will mitigate
the loss of adsting snowy
plover nesting area and pro-
vide an area of highquality, protected nating habitat.
Belding’s Savannah Disturbance of 33 Disturbance to Belding’s No residual impact. sparrow Nesting Behavior savannah sparrow nesting
behavior will be minimized.
Residual impact is not Loss of Nesting 21,U Dredging and grading
Habitat disturbance boundaries will significant.
avoid existing piclilAveed and
other vegetated areas. Lms
of habitat will be small and
should therefore have an
insignificant effect on the
population.
aNumbers refer to mitigation measures described in the text of this section. p. 2 of 4
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Table 4-1
Summary of Impacts and Mitigation
Resonre AreaJPhase Impact MIUgationa Enccttvencss Residual Impact
CULTURAL Loss of Paleontolog- 34 Construction of acccss roads No residual impact.
RESOURCES ical Resourca and staging areas and lagoon dredging should have an
insignificant effea on paleon-
tological resouras.
Lms of Prehistoric 3s Careful management and No residual impact.
and Historic Archae- monitoring of the onsite
ological Resources altum1 resources will minimize the project’s
impacts.
RECREATION Recreational Use of 3637 Dredging and grading will Residual impact is
Lagoon have an insignificant effect on significant, unavoid- regio~l birdwatching, but a
significant, unmitigated visual
impact will remain.
able, and short-term.
Beach Use 3839 Beach nourishment will not Residual impact is have a significant impact on
regional beach use or water
spons activity in the South
Carisbad Beach am.
significant, unavoid-
able, and short-term.
Lateral Access Along 38,40,41 Implementation of the No residual impact.
Beach mitigation measures will
significantly reduce the access
issues and provide for
emergency aces along the
beach.
TRANSPORTATION Traflic Impact of 42 The mitigation will be Trucking of dt-edge
AND CIRCULATION Trucking Dredged effective in reducing traffic- materials will have
related impacts, but will significant short-term Material and residual impact. Replacing and artend the construction
Rehabilitating period by 25 to SO percent, Bridge construction
Carisbad Boulevard depending on the number of impacts are not significant. Bridgcs truck used.
Residual impact is not
Construction compliance plan will reduce significant and is
Actiities noise impacts, but elevated unavoidable and short.
NOISE Noise Generated by 43 Adherence to the noise
noise levels from diesel term.
dredges and trucks cannot be
completely eliminated.
Public acceSS to the
limited, thereby reducing the
potential for thmats to public
health and safety.
No residual impact. PUBLIC HEALTH Hazard to Public in 44 AND SAFETY Construction Areas construction site will be
aNumbers refer to mitigation measures daaibed in the text of this section. p. 3 of 2
R~~Areomhpsc
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b a POST-
CONSTRUCI'ION
RESTORATION AND
VERIFICATION
Impact Mitigationa Enectfventss Residual Impact
No residual impact. Occan and Lagoon 45,46,47 If lagoon water is am-
Water Quality
Hazards
taminated, release of the
water from the lagoon to the
Ocean cannot be inhibited and
contamination of local Ocean .
water will occur. Adherence
to the mitigation measures
will determine the extent of
and will protect beach users.
Restriction of Lateral 41 Implementation of the No residual impact.
Acws mitigation measures will
significantly reduce the a-
issues and pmvide for
emergency acccss along the
beach.
~ Small-cxaft safety 48 These measures wiil No residual impact.
eff'edively due the
potential hazad to small boats.
Hazardous surf 49 Posting the area near the No residual impact.
Conditions Near channel and lifeguard
Jetties enforcement will reduce the
incidence of unsafe water
activities.
50.51, The visual and environmental No residual impact.
5233 impads of constmuion
staging, fuel storage, and
a- amas will be virtually
eliminated.
I*
It is anticipated that various resource management agencies may assign additional mit
gative measures to the project as part of their respective permit authorities over activ
ties associated with project construction. In order to incorporate these potential futur
measures or permit conditions within the following mitigation plan, an Environment:
Quality Assurance Plan will be prepared. This plan will incorporate the measure
prescribed in this mitigation plan, other measures assigned by permitting agencies, an
other recommended measures suggested by participating agencies during preconstrut
tion consultation.
PRECONSTRUCIlON PLANNING AND SITE PREPARATION
An important mitigation measure for several resources is the timing of constructio
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 COI
struction to ensure that significant resource elements are not inadvertently damaged c
destroyed (e.g., archaeological sites or specific areas of vegetation). Preconstructio
mitigation measures will consist of (1) planning meetings attended by the City of Carl:
bad and the Mitigation Monitoring Group, and (2) preparation of sites where mitiga
tion measures will be employed during construction.
Planning Meetings
Planning meetings will confirm the lines of communication and authority established b
the monitoring plan; confirm construction schedules developed to minimize impacts o
water quality, biota, air quality, and recreational uses; and develop specific procedure
for construction monitoring activities identified in the monitoring plan.
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U Site Preparation
Site preparation will include delineating areas to be protected during construction an
ensuring that staging and construction areas conform to the requirements of this mitigz
tion plan. Areas to be designated are:
0 Beach Disposal Areas. Engineering field studies and staking will identii
the Encina Wastewater Treatment Plant (WWTP) wastewater outfal
location, and notices and fencing will be installed to protect public safe9
Sensitive Areas.
marsh, brackish marsh, woodlands, and identified mitigation areas tha
are not to be dredged, covered with fill, or disturbed by constructio
equipment movements. Areas containing known archaeological and pale
ontological sites will be located, and approved work areas will be deline
ated onsite.
Staking and taping will identify areas of coastal sal
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0 Construction Zones.
transfer areas will be identified. Topsoil stockpiling techniques will be
developed and implemented, road and staging or storage area surfaces
will be delineated, and berms, dikes, and retention basin locations will be
determined.
Staging areas, access roads, and fuel storage and :
CONSTRUCTION ACIWITIES
Measures to be followed during project construction will minimize impacts caused by
equipment operation, removal of existing elements (e.g., soils and vegetation), and
other alterations to existing conditions (e.g., beach nourishment activities). Some miti-
gation measures are used more than once.
Structural Impacts
hpack Hazards to Bridge Foundations and Gas Pipeline. Dredging around the foot-
hgs of the three bridges across the lagoon and near the existing gas pipeline under the
West Basin could threaten the integrity of those structures. Erosion from water move-
ment past newly exposed foundations could also threaten the bridges. 8 Mitigation
1. Protective measures shall be implemented to minimize the risk of failure
of structures and utilities within the project area. Specific measures
include:
A. The 1-5 bridge foundations shall be protected from erosion bj
rock protection and liners pursuant to the requirements ol 1 Caltrans.
B. The AT&SF railroad bridge pilings shall be reinforced with latera
bracing and the pilings protected pursuant to requirements of the
owner.
The West Carlsbad Boulevard bridge (southbound) shall bt
replaced.
The East Carlsbad Boulevard bridge (northbound) shall be pro
tected from erosion by rock protection and liners pursuant to tht
requirements of the City of Carlsbad.
C.
D.
2. Dredging and construction in the vicinity of the bridges shall be moni
tored and inspected by qualified personnel to provide early warning 0
potential threats to those structures. 1
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3. Prior to dredging, the existing gas pipeline shall be relocated as necessa
to a suitable location.
Effectiveness
These measures will effectively minimize the threat of structural failures and (
accidental damage to the bridges and pipeline. No residual significant impact
expected.
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Impact: Hazards to Existing Utilities During Beach Disposal/Nourishment. Beac
disposal/nourishment activities could rupture or damage the Encina wastewater outfi
pipe.
Mitigation
4. Deposition and relocation of sand on the beach shall be monitored
ensure compliance with the guidelines for depth of placement and equi
ment loads, as established by the final engineering studies. Preconstru
tion staking and fencing around the outfall shall be inspected regularly
ensure proper identification of the outfall location. I Effectiveness
The risk of damage to the outfall will be minimized. No residual significa
impact is expected because construction activities will be closely monitored
supervisory personnel. I Water Quality Impacts
Impact: Dredging Effects on Lagoon Water Quality. During lagoon dredging, the
will be an increase in suspended solids concentrations, which might lower dissolv
oxygen concentrations and raise turbidity and nutrient concentrations in the lagoc
These water quality changes could have significant impacts on aquatic organisms, bin
and the aesthetic quality of the lagoon. The Central Basin, which will receive fine sa
and silt from East Basin dredging, will be most affected, whereas the West Basin, whi
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 mecha
cal dredging, shall be employed throughout the lagoon as feasible.
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ll 6. Dredging operations shall employ silt curtains (a sheet of fabric su
pended from a floating boom) whenever they will effectively reduce e
cess turbidity. Other methods recommended by the U.S. Army Corps
Engineers to limit sediment resuspension may also be employed (st
Raymond, 1984).
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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 will 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 watt
quality. Hydraulic dredging of the East Basin might also require raising the water lev1
for dredge access. This could inundate existing - Belding’s savannah sparrow nestir 1 habitat.
Mitigation
7. Water 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 watt
level elevations shall be determined in coordination with approprial
resource agencies.
Water levels in the East Basin shall not exceed 6 feet MLLW durir
Belding’s savannah sparrow nesting (March through July).
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Effectiveness
This measure will maintain appropriate water levels in the lagoon. No residu:
significantly adverse impact is expected.
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Impact: Soil Erosion. Slope grading could increase turbidity and dissolved solids i
the lagoon water as a result of surface water runoff or fugitive dust from exposed soil:
These increases couId adversely affect water quality, birds, aquatic organisms, and th
visual quality of the lagoon.
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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, berm
shall be built to impound runoff and prevent turbid water from enterin
the lagoon. Where sediment-laden runoff from access roads and stagin
pads could enter the lagoon, berms shall be built to impound the wate
before it reaches the lagoon shoreline.
As fine a spray of water as possible shall be used to control fugitive dus
in order to prevent pooling of water and runoff into the lagoon.
Site-specific erosion control plans shall be prepared for all staging area
access roads, fuel and storage areas, and other improved areas related
project construction, and shall be approved by the City of Carlsbad.
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Effectiveness
Turbidity from surface water runoff will be reduced considerably below lev€
that would occur without these measures. Erosion-related turbidity will be mix
mized; however, other sources of turbidity will continue to have an impact (
water quality and the visual quality of the lagoon. The impact will be temporz
and localized near the areas of grading. Residual soil erosion related turbid
impacts are not expected to be significant. I
Impact: Fuels and Lubricants in Lagoon Waters. The maintenance and operation
dredging and earthmoving equipment, and the delivery and storage of the necessi
fuels and lubricants, could result in accidental introduction of fuel and lubricants iI
the lagoon waters.
Mitigation
13. The construction contractor shall develop a site spill prevention and C(
tingency plan and shall submit the plan to the City of Carlsbad for :
proval prior to the start of construction.
Construction equipment shall be maintained and operated to prevent
and fuel leaks. To ensure that accidental leaks and spills do not spr
within the lagoon, dredges that are being fueled shall be surrounded
containment booms, and tracked and wheeled vehicles shall be fk
and lubricated only in designated fuel storage and transfer sites.
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15. All storage and transfer sites for fuels and lubricants shall be surroundec
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 fror
appropriate agencies for a traffic control plan for the delivery of fuel
and lubricants to the construction site.
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Proper storage, maintenance, and operations procedures will minimize the like1
hood of spills of fuels and lubricants, and implementation of the contingenc
plan is expected to minimize the risk and impact of accidental spills that mig€
occur. Residual impacts are not expected to be significant.
Impact: Nearshore Ocean Turbidity. Dewatering of beach nourishment material coul
increase the turbidity of nearshore ocean water. I
Mitigation
17. Sand and cobble dikes and berms around the sand discharge area sha
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 turbidity in ocez
waters. Residual effects on ocean turbidity are short-term and are not expecte
to be significant.
Impact: Encina WWTP Compliance Status. Increased nearshore turbidity could affe
the Encina WWTP's monitoring program and permit compliance status. Baseline co
ditions have been established by the WWTP's existing long-term water quality monito
ing program. n Mitigation
18. Suspended solids concentrations in the nearshore ocean shall be mor
tored during beach nourishment operations. Deviations from the bas
line conditions that can be attnhted to the nourishment operation sh:
be documented.
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Effectiveness
These measures will account for the potential impact on the Encina WWTP
compliance status. No residual significant effect is expected.
Impact: Risk of Encina WWTP Outfall Pipe Failure. Breaching the Encina wastr
water outfall pipe by project construction equipment might result in the discharge c
effluent that could degrade nearshore ocean water quality.
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4. Deposition and relocation of sand on the beach shall be monitored I
ensure compliance with the guidelines for depth of placement and equil
ment loads as established by the final engineering studies. I Effectiveness
i The risk of damage to the outfall, and hence to water quality, will be min
mized. No residual significant effect is expected.
Impact: Fuels and Lubricants in Ocean Waters. Operation of earthmoving equipmei
could result in the introduction of fuel and lubricants to the beach and nearshore ocei
waters.
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I) Mitigation
13. The construction contractor shall develop a site spill prevention and co
tingency plan, and shall submit the plan to the City of Carlsbad for a
proval prior to the start of construction.
Construction equipment shall be maintained and operated to prevent (
and fuel leaks. To ensure that leaks and spills do not reach the beac
and ocean, tracked and wheeled vehicles shall be fueled and lubricatc
only in designated storage and transfer sites.
All storage and transfer sites for fuels and lubricants shall be paved ai
surrounded by berms capable of containing the entire volume beii
stored to prevent spills from contaminating the beach and ocean watc
and they shall have adequate cleanup facilities onsite. All transfers
fuels and lubricants shall occur in these sites.
The construction contractor shall develop and receive approval frc
appropriate agencies for a traffic control plan for the delivery of fuc
and lubricants to the construction site.
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Effectiveness
Proper storage, maintenance, and operations procedures will minimize the like
hood of spills of fuels and lubricants and will minimize the risk and impact
spills that do occur. Residual impacts are not expected to be significant.
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Air Quality
Impact: Equipment Air Emissions. Air emissions (exhaust) will be generated by cc
struction equipment such as diesel-fueled pumps and dredges, generators, graders, a,
workers’ vehicles.
Mitigation
19.
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The project will be required to obtain an Authority to Construct Pern
and other required permits from the San Diego County Air Pollutic
Control District (SDAPCD). The permit process will identify the prc
ect’s potential air pollution sources and will include recommendations f
control technology to achieve compliance with regulations of tl
SDAPCD and applicable air quality standards. Specific mitigation me;
ures required by the SDAPCD will be incorporated into the project. I
Effectiveness
Compliance with the SDAPCD’s permit conditions will minimize the air quali
impacts from pollutant emissions. Residual impacts are not expected to € 1 significant.
E the project vicinity.
Impact: Fugitive Dust Emissions. Construction activities will generate fugitive dust
Mitigation
20. Onsite fugitive dust shall be controlled through the use of the followii
techniques:
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0 Access roads shall be covered with compacted gravel or anoth
Unpaved construction areas shall be adequately watered to contri
Yehicle wheels shall be washed to prevent tracking of mud offsit
appropriate surface.
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dust.
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Any stockpiled soils or materials shall be covered with a suitablc
vegetation or synthetic cover.
Effectiveness
Adherence to these measures will minimize fugitive dust and other particulatl
matter. Residual impacts are not expected to be significant.
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Fish and Wildlife
Impact: Loss of Coastal Salt Marsh. Existing 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 greate!
extent feasible during project construction, and construction shall nc
disturb more than 10 acres of vegetated wetlands.
A wetlands restoration specialist, acceptable to CDFG and USFWS an
approved by COE, shall attempt to salvage the vegetation (primari
pickleweed) on the project-affected areas of coastal salt marsh that hat
been dredged, graded, or otherwise directly disturbed by project constnu
tion activities, and then transplant the plant materials to suitable areas c
make them available to other parties capable of transplanting them. Th
techniques to be used shall be developed by wetlands restoration COI
tractors and scientists in consultation with participating agencies (se
section titled Mitigation Monitoring Plan, below). Stockpiling plai
materials might be necessary to coincide with the completion of dredgir
and grading.
22.
Effectiveness
TO the extent that transplantation is successful, the short-term impact of COI
struction on the marsh and the associated bird fauna will be minimized; hoT
ever, a short-term impact resulting from disturbing up to 10 acres of vegetate
wetland is unavoidable. This impact is not considered to be significant
adverse.
Impact: Turbidity Impacts on Aquatic Resources. Construction will cause water quz
ity impacts in the lagoon, such as increased turbidity, decreased dissolved oxygen, a1
changes in salinity. Turbidity can affect aquatic animals by clogging feeding and res1
ratory systems and can affect aquatic plants (algae and vascular plants) by reducing tl
amount of available light. Dissolved oxygen concentrations in the vicinity of the dredi
might be reduced by the oxygen demand of newly exposed sediments. I r 4-14 a
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Mitigation
5. Hydraulic dredging, which produces less suspended solids than does mc
chanical dredging, shall be employed throughout the lagoon as feasible.
Dredging operations shall employ silt curtains (a sheet of fabric SUI
pended from a floating boom) whenever they will effectively reduce e:
cess turbidity. Other methods recommended by the U.S. Army Corps (
Engineers to limit sediment resuspension may also be employed (se
Raymond, 1984).
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I Effectiveness
Water quality impacts from dredging will be reduced considerably below wh<
would occur without these measures. Low dissolved oxygen and excess turbidi
will not be eliminated, and poor water quality might continue to have an impa on existing aquatic resources and the wildlife that use them. This impact will E.
short-term and localized near the area of dredging; the water quality will ir
prove upon opening of the tidal inlet. This impact is not considered to be sigr
ficantly adverse because the existing aquatic species and infauna will be subje
to removal upon restoration of tidal action and the reintroduction of man1
water to the lagoon. The removal of these species is unavoidable.
Impact: Disturbance of Lagoon Fauna. The noise, vibration, and activity of humai
and machines will have an adverse effect on some of the lagoon’s animals, notab
vertebrates. Sensitive birds might be discouraged from using the areas of the lagoon
and near construction activities. In particular, the potential exists for the disruption
nesting activities by birds. I Mitigation
21. Areas of existing vegetated wetlands shall be avoided to the great€
extent feasible during project construction, and construction shall n
disturb more than 10 acres of vegetated wetlands.
Lights located on equipment or on project lands shall be shaded ai
directed to specific work areas. Stray light to nonwork areas shall
minimized by shading.
Construction equipment and personnel shall be confined to the stagi
areas and active construction areas, and all staging areas and am
roads shall be as small as feasible. Construction-related access roa
shall have locked gates to discourage public access.
23.
24.
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25. Designation of access routes shall be included in the final design drawing
and must be approved by CDFG and USFWS.
Effectiveness
These measures will minimize, but not eliminate, impacts of construction-relate
disturbances. There will still be a short-term, temporary impact on sensitiv
wildlife in the lagoon. Residual impacts are not expected to be significant.
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Imp& Disturbance of Nesting Behavior of California Least Tern. California lea!
tern nesting activities in the lagoon could be disrupted by construction-related noise an
activity. Construction-generated water quality impacts in the lagoon and nearshor
ocean could affect foraging success by reducing visibility. The abundance of fish coul
be affected by dredging and grading activities.
Mitigation
26. No pile driving associated with bridge construction or upgrades sha
occur during the California least tern breeding and neshg season (Apr
to August). Temporary fences and bamers on the landward side of th
sites shall be erected around nesting sites before April; the design, loa
tion and placement of these structures shall be approved by appropriat
resource agencies. All temporary structures shall be removed aft€
August.
A qualified California least tern biologist, approved by CDFG an
USFWS, shall monitor and manage the California least tern populatio
and sites in Batiquitos Lagoon during the nesting season. The biologi:
shall coordinate the Mitigation Monitoring Group and shall:
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Monitor nesting and fledgling success of least terns in Batiquitc
Lagoon.
Provide an education program for construction crews as to th
identity of the least tern and their nests, restricted areas and actiy
ities, actions to be taken if least terns are found outside the desi!
nated least tern nesting sites, and trash control.
Provide for predator control, as required, prior to and during th
least tern nesting season during the construction period.
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28. If California least tern nests are found outside the designated nestin
sites, all work in the immediate area shall be halted, and the least ter
biologist shall be notified immediately. An appropriate buffer zone an
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 1
the size of the West and Central Basins shall be available and suitable fc
foraging by the least tern between April 1 and September 1. Breachir
of the lagoon, or other acceptable means of introducing ocean water 1
the foraging area, shall be carried out prior to each nesting season.
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i Effectiveness
Scheduling the dredging and grading activities to avoid the nesting season, COI
tinuous monitoring of nesting colonies, reducing turbidity effects, and maintail
ing relatively constant water levels will minimize the disturbance to Californ
least tern nesting activities and effects on foraging success. No residual impac I are anticipated.
Impact: Loss of Nesting Habitat for California Least Tern. The two sites current
used by California least terns will be removed by dredging (the west site) and gradir
(the east site), and three of the five nesting sites to be created might be used as a co
struction staging area for part of the construction phase.
Mitigation
30. A minimum of 20 acres of California least tern nesting sites shall 1
constructed and available for nesting between April 1 and September
These sites shall include one or both of the sites located in the We
Basin. Least tern nesting sites may be released for other tempora
construction-related uses prior to September 1 if nesting activity h
ceased and upon concurrence of CDFG and USFWS.
The loss of existing nesting areas shall be mitigated by the creation of
minimum of 32 acres of nesting area above 10.0 feet MLLW in five site
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. Befo
the nesting season starts, all construction equipment and materia
berms, vegetation, and construction surfaces shall be removed, and tl
site shall be covered with suitable material to a depth specified by CDF
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sc and USFWS.
I 32. The California least tern nest sites shall be constructed in a manner
ensure proper dewatering so that subsequent subsidence and surfa
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cracking does not occur, and so that the site can withstand maintenanc
vehicle loads.
Effectiveness
Adherence to the schedule, as well as restoration of the sites used as stagin
areas, will minimize the possibility that tern nesting habitat will be unavailable c
unattractive to the terns during any of the nesting seasons over the course (
construction. No residual impacts are anticipated.
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Impad: Loss of Nesting Habitat of Western Snowy Plover. The western snowy plovt
is a species of special concern discussed in the draft EIR/EIS. Its nesting habitat in tl:
East Basin might be removed by grading. I
Mitigation
31. The loss of existing nesting areas shall be mitigated by the creation of
minimum of 32 acres of nesting area above 10.0 feet MLLW in five site
each with side slopes no steeper than 1:lO. Use of any of these sites fc
construction purposes shall not occur during the nesting season. Befoi
the nesting season starts, all construction equipment and material
berms, vegetation, and construction surfaces shall be removed, and tl
site shall be covered with suitable material to a depth specified by CDF
and USFWS.
Effectiveness
The creation of the nesting sites for terns will mitigate the loss of existing snoi
plover nesting areas and will provide an area of high-quality, protected nesti
habitat. No residual impacts are anticipated.
Impact: Disturbance of Nesting Behavior of Belding’s Savannah Sparrow. Beldin
savannah sparrow nesting activities, located primarily in the coastal salt marsh habi
of the East Basin, might be disturbed by project construction activities associated w
lagoon dredging. Such disturbance could interfere with the breeding and nesting SI I cess of this species.
Mitigation
33. Dredging activities taking place in the East Basin during the nesti
season of this species (March through July) shall not occur wit1
100 feet of coastal marsh vegetation capable of supporting, breeding,
nesting Belding’s savannah sparrows.
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Effectiveness
The establishment of a 100-foot-wide buffer zone will effectively reduce thc
potential for disturbing Belding’s savannah sparrows during breeding and nestinl
season. No residual adverse impacts and anticipated.
Impact: Loss of Habitat for Belding’s Savannah Sparrow. Belding’s savannah spar
rows currently use the pickleweed stands and shrubby hillsides in the Batiquitos Lag001
study area. Some areas of pickleweed would be disrupted as a result of construction.
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Mitigation
21. Areas of existing vegetated wetlands shall be avoided to the greates
extent feasible during construction, and construction shall not distur
more than 10 acres of vegetated wetlands.
A wetlands restoration specialist, approved by CDFG and USFWS, sha
attempt to salvage the pickleweed on project-affected areas and tram
plant the plant materials to suitable areas that have been dredger
graded, or otherwise directly disturbed by project construction activities
22.
Effectiveness
TO the extent that transplantation is successful, the short-term impact of cor
struction on Belding’s savannah sparrow habitat will be minimized; a short-ten
impact resulting from disturbing up to 10 acres of pickleweed-dominated vegeG
tion is unavoidable. This impact is not considered significant because the arei
to be affected were not heavily used by sparrows in the past. I Cultural Resources
Impact: Loss of Paleontological Resources. Construction of access roads and stagir
areas and dredging in the lagoon could disturb or destroy potentially significant pale01
tological resources. I Mitigation
34. A paleontologic resource management program shall be developed by
qualified paleontologist. The program will be based on the final en€
neering and ground staking of construction locations, combined with si
surveys where potential impacts on highly sensitive areas might OCCL
The following measures shall be included in the program: I
a Any ground-disturbing activities that occur in the areas underla
by formations of moderate or high importance, or that occur t 4-19 1
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the immediate vicinity of a known fossil site (SDSNH Site 3305
shall be monitored. Areas of importance shall be designated 1
use of the maps developed by Engineering Science (Lander, Oct
ber 1988).
4 If currently unidentified fossil remains are detected during groun
disturbing activities, these activities shall be halted or directc
away from the remains. A qualified paleontologist shall be SUI
moned to direct their prompt collection and removal.
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Effectiveness
With implementation of these measures, the construction of access roads, stagii
areas, and lagoon dredging should avoid any significant impacts on paleontolol
cal resources. No residual impacts are anticipated.
Impact: Disturbance of Prehistoric and Ristoric Archaeological Resources. The i
chaeological survey for the Draft EWIS identified 14 previously recorded sites ai
two potential sites in or adjacent to the project area. Construction of access roads ai
staging areas, dredging of lagoon basins, and beach nourishment could disturb or d
stroy the resource value of these sites.
Mitigation
35. Prior to construction, a detailed study of the project area shall be co
ducted. Key elements shall include:
4 Formal recording of reported sites that will be affected, based (
Determination of the boundary of identified cultural resource sit
final project design.
in the immediate vicinity of the project where proposed groun
disturbing activity will occur, with sufficient data to assess horizo
tal dimensions and formulate a cultural resource manageme
plan.
Resource avoidance is the primary mitigation measure employed to pr
tect cultural resources. Where resource avoidance is not feasible, ad(
tional measures shall be applied that adequately document the natu
and data potential of each site as determined by a qualified archaeolog
monitoring site activities.
In the event that previously unidentified cultural resources are locatl
during project construction, all work potentially affecting the resour
shall be halted while the resource is evaluated. If the discovered remai f 4-20 I-
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are found to be significant, site-specific mitigation plans shall be devel
oped by a qualified archaeologist.
Effectiveness
These measures will effectively avoid or minimize potential project impacts 01
cultural resources. No residual impacts are anticipated.
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Recreation
Impact: Temporary Disruption of Recreational Use of the Lagoon. Dredging anc
grading will have visual and noise impacts on the natural setting enjoyed by recreation2
users of Batiquitos Lagoon. Birdwatching, in particular, might be adversely affected b
the noise and activity of construction.
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1 Mitigation
36.
37.
Construction equipment shall have noise suppressors.
A public information and education program shall be developed to ir
form the public about the enhancement project, the construction schec
ule, and other related activities. The information program may includ
publication of brochures, news releases to local media, posting of signs i
the lagoon and beach vicinity, and telephone access between the pub11
and the environmental monitor (see Mitigation Monitoring Plan, belou
for questions and observations about the project.
Effectiveness
Dredging and grading will have an insignificant short-term impact on region;
birdwatching, but a significant, short-term, unmitigated visual impact wi
remain. Residual short-term visual impacts (i.e., water turbidity) are expected t
be significant and unavoidable, but will diminish after project construction. I
Impad: Temporary Disruption of Beach Use. Beach nourishment activities at Bat
quitos and Encina Beaches will interfere with beach use and water sports. The ne
beaches might alter the local wave climate for surfing and beach use. Beach user
swimmers, and surfers will be restricted from the tidal inlet structure area and watt
intake structure during construction and maintenance dredging. I
Mitigation
38. A public information and education program shall be developed to il
form the public about the enhancement project, the construction schec
ule, and other related activities. The information program may incluc
4-2 1
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publication of brochures, news releases to local media, posting of signs
the lagoon and beach vicinity, and telephone access between the pub1
and the environmental monitor (see Mitigation Monitoring Plan, belot
for questions and observations about the project.
Sand placement on Batiquitos and Encina Beaches shall be concentrate
during the fall and winter (October through March), when beach use
lowest; this construction schedule will avoid the peak-use seasc
(summer).
39.
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Effectiveness
Beach nourishment activities will not have a significant impact on regional beac
use or water sports activities in the Carlsbad Beach area, and will be limited
a local, temporary short-term impact. Disturbance to beach recreation durii
construction is unavoidable.
Impact: Restriction of Lateral Access Along Beach. Lateral access along the beach (
the water’s edge) will be permanently eliminated by installation of the inlet structure
Mitigation
40. Inlet construction and routine maintenance dredging shall occur in t
fall or winter to minimize the number of people affected by these acti
ties.
Lateral access shall be provided by a new footbridge, with emergen
vehicle capability, over the inlet structure, or by an extension on the eXi
ing bridge structure, or by convenient access to the highway from bc
41.
I sides of the inlet.
Effectiveness
hplementation of the mitigation measure will reduce the access restrictions a
provide for emergency access along the beach. Future access along the bea
will require use of the pedestrian bridge over the inlet. No residual long-tei
impact is expected. I Transportation and Circulation
Impact: Traffic Impacts fmm Trucking of Dredged Material and Carlsbad Bouleva
Bridge Replacement and Rehabilitation. Transportation and circulation impacts k
occur if the dredged material disposal option of trucking dredged materials from 1
lagoon is selected. All other disposal options require limited vehicle movement ai
therefore, have no significant transportation and circulation impacts. 1 4-22 I
1
The transport option would create a significant traffic impact on roadways along th
truck route, especially if hauling occurs during peak traffic periods. The duration of th
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 replacc
ment and rehabilitation of the West and East Carlsbad Boulevard bridge(s).
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Mitigation
42. A traffic safety plan for truck travel along the haul route and for COI
struction activities associated with replacement and rehabilitation of tk
West and East Carlsbad Boulevard bridge(s) shall be developed in COI
sultation with appropriate agencies. The program might include tl
following elements:
0 Signalization of intersections
0 Traffic control personnel
0 Appropriate signage
0 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 vehiculi
travel. The residual effects associated with trucking of dredge materials ai
considered significant because they might create local traffic congestion ar
delays. This impact is considered to be of a short-term nature.
Circulation and traffic effects associated with bridge construction are considere
not significant. B Noise
Impact: Noise Generated by Project Construction Activities. The use of diesel-driw
dredges would increase local noise levels. Noise policy guidelines would be exceeded
the short term. Occasional long-term noise impacts would be caused by maintenam
dredging of the West Basin channel. Dredging of material from the Central Basin w
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 becau
of the need for staging areas for truck loading. In addition, trucks along the haul rou
would increase noise levels.
4-23
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I Mitigation
43. Noise impacts from project construction and inlet maintenance activitic
shall be mitigated by the same technology used for major constructic
projects located within the city. Techniques ta achieve this complianc
may include, but are not limited to:
?
e Limited operation hours
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Acoustical enclosures for engines to limit dredge operating noi:
levels to 90 dBA as measured 3 feet from the source
e Berms or walls around staging areas
A limit on the number of dredges in the Central Basin to e
minimum number in order to minimize noise generation
Noise mitigation specifications shall be included in bid documents and/or pr
pared during final project design.
Effectiveness
Adherence to noise mitigation measures would reduce noise impacts, b?
elevated noise levels from diesel dredges, pumps, and truck travel cannot 1
completely eliminated. The residual construction-related noise impa
constitutes a local, short-term, insigmficant effect on sensitive noise recepto
and would not exceed a 3 dBA (CNEL) level increase above ambient noi!
levels. The residual noise impact from inlet maintenance constitutes a shor
term, periodic effect that is not considered significantly adverse. 1 Public Health and Safety
Impact: Hazards to Public in Construction Areas. Construction of the tidal inlet ar
channel will require the operation of heavy equipment in the project area; this activi
could cause a public safety risk during the construction period. Beach nourishment al!
calls for the installation of a hydraulic pipeline and use of grading equipment durii
sand disposal. The two sites will be active construction zones during placement a1
might pose safety threats to beach users.
4-24
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Mitigation
44. Public access to the tidal inlet and jetty area shall be limited durin
construction. This shall be accomplished by posting signs and fencing th
area to prevent access into secured areas.
Effectiveness
Public access to construction and staging sites will be limited, thereby minimizir:
potential public health and safety impact. No residual impact is expected.
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Impact: Ocean and Lagoon Water Quality Hazards. Sewer line leaks have affecte
water quality in Batiquitos Lagoon in the past. Should a similar leak occur during pro
ect construction, sewage-contaminated water could be present in the lagoon and drai
to the ocean following opening of the lagoon tidal channel. This would be a short-ten
impact affecting local water quality and public use of the local beach. I
Mitigation
45. Prior to lagoon opening, lagoon water samples shall be taken and ani
lyzed for total and fecal coliform concentrations.
If receiving water coliform criteria are exceeded, signs warning of possib
short-term health hazards due to discharge of lagoon water shall t
posted near the inlet and on adjacent beaches. Local waters will k
sampled and tested by a qualified laboratory to determine whether watt
near the beaches is contaminated.
Continued testing shall be conducted until the water quality is acceptab
for body contact use. Notification of any water quality hazard shall t
made to responsible public health and water quality officials.
46.
47.
Effectiveness
If the lagoon water is contaminated and release of the water from the lagoon 1
the ocean during construction cannot be prevented, contamination of local ocea
water might occur. Adherence to the mitigation measures will determine tk
extent of contamination and will protect public health. No residual effect 1 expected.
Impact: Restriction of Lateral Access. The new inlet structures will restrict laterl
access along the beach and, possibly, access to the end of the jetties, thus restricting tk
movement of emergency personnel, vehicles, and lifeguards.
4-25
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II Mitigation
41. Lateral access shall be provided by a new footbridge, with emergenl
vehicle capability, over the inlet structure, or by an extension on the ex%
ing bridge structure, or by convenient access to the highway from bo
sides of the inlet. Access to the end of the jetties will not be restricted
the project is currently designed.
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Effectiveness
Implementation of the mitigation measures will significantly reduce the acce
impacts and provide for emergency access along the beach, No residual impa
I
I is expected.
1 Impact: Small-Craft Safety Hazards. Small boats might attempt to use the unnay
gable channel inlet for access to the lagoon from the ocean.
Mitigation
48. The U.S. Coast Guard, Aids to Navigation Branch, shall be consulte
and an approved method to post and restrict entrance to the inlet shl
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Effectiveness
Adherence to the mitigation measure will reduce the potential hazard to sm:
boats. No residual impact is expected.
Impact: Hazardous Surf Conditions Near Tidal Inlet. Potentially dangerous swimmil
and surf conditions near the tidal inlet might occur because of strong currents and
rocky shoreline.
Mitigation
49. Water recreation near the channel shall be restricted by proper posti 1 near the channel.
Effectiveness
Posting the area near the channel and lifeguard enforcement will reduce tl
incidence of unsafe water activities. No residual impact is expected.
4-26
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I POST-CONSTRU(3TION ACTIVITIES
Post-construction mitigation will consist of measures to allow areas disturbed by shoi
term construction activities to be restored to conditions approximating their natur
states. These measures will help to ensure that the mitigation measures that we
employed during construction are effective and will determine whether further action
required. Sites used as staging areas, access roads, and fuel storage and transfer are
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 regradf
to original contours, except for the areas to be converted to Califom
least tern nesting sites and to permanent maintenance access for CDF
personnel. Any artificial surfacing and temporary erosion control m
tenals shall be removed, disposed in suitable locations, and replaced 1
soil cover appropriate to the area (sand at the beach sites, sand and shc
at the nesting sites, lagoon soils at the other lagoon sites). Soil modific
tion and revegetation shall be performed prior to completion of sil
restoration activities, with soil additives and plant species selected 1
consultation with the CDFG.
51. Access Road Restoration. Artificial surfacing and temporary erosia
control materials shall be removed, disposed in suitable locations, an
replaced by appropriate soil cover. The road areas shall be graded 1
conform to the natural contours of the surroundings. Upland areas sha
be revegetated with appropriate native species; tidal areas shall be a
lowed to revegetate naturally.
Fuel Storage Area Restoration. Berms, dikes, and artificial surfacing sha
be removed and disposed in suitable locations. The areas shall be teste
for contamination. If no remedial action is necessary, the areas shall b
regraded, covered with stockpiled topsoil, given soil additives, and re
planted with appropriate native vegetation. If remedial action is ind
cated, post-construction mitigation shall include site cleanup.
Inspection and Certification. All post-construction mitigation measure
shall receive final inspection and certification of completion by the City c
Carlsbad. Field testing might be required to assure project completion.
52.
53.
1
Effectiveness
With implementation of these measures, no residual impact is expected.
4-27
If
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e
US ARMY CORPS OF ENGINEERS
COAST OF CALIFORNIA
STORM AND TIDAL WAVE STUDY
STATE OF THE COAST REPORT
SAN DIEGO REGION
BEACH PROFILES
0
APPENDIX I)
1
PLOTS EXPLANATIONS
(1) Profiles Coordinates are
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(a)
(b) Vertical = elevation from MLLW
Profile Locations, are given in Figures 3-1 and 3-2
Horizonal = distance in feet from Benchmark (baseline)
L (2)
t :
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9
APPENDIX B
CORPS OF ENGINEERS NEARSHORE PROFILES AND LOCATION MAPS k
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I San Diego Region
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US Amy Corps of Engineers ? Los Ams Cutncl
Coast of California
Storm and Tidal Waves Study
State of the Coast Report
'--n.-r -- :--.---e-.--*.-. __ ~-. x
Volume It - Appendices t Final - September 1991
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SURVEY CONTROL POINTS
FOR DREDGING AND GRADING PLAN
0
APPENDIX 0 .c
BATlQUlTOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 28)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
II
DREDGING AND GRADING PLAN NO. 1
POINTS NO. NORTHING EASTING
128 1,977,247 6,236,407
129 1,977,260 6,236,416
6,236,444 130 1,977,266
131 1,977,295 6,236,641
132 1,977,299 6,236,693
133 1,977,347 6,236,715
1,977,362 6,236,734 134
135 1,977,275 6,236,695
136 1,977,363 6,236,735
1 37 1,977,273 6,236,695
138 1,977,267 6,236,627
1,977,237 6,236,421 139
146 1,977,234 - 6,236,431
147 1,977,264 6,236,635
148 1,977,267 6,236,696
149 1,977,289 6,236,86 1
150 1,977,294 6,236,854
151 1,977,302 6,236,849
155 1,977,073 6,236,422
156 1,977,074 6,236,430
157 1,977,073 6,236,467
158 1,977,063 6,236,508
159 1,977,009 6,236,603
160 1,976,957 6,236,670
1,976,906 6,236,717 161
1 62 1,976,797 6,236,798
163 1,976,745 6,236,830
164 1,976,630 6,236,873
165 1,976,503 6,236,900
166 1,976,354 6,236,933
167 1,976,280 6,236,966
168 1,976,328 6,237,121
169 1,976,377 6,237;132
170 1,976,751 6,236,924
171 1,976,967 6,236,863
172 1,977,011 6,236,871
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 28)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
DREDGING AND GRADING PLAN NO. 1
POINTS NO. NORTH I NG EASTING
173 1,977,027 6,236,880
174 1,977,087 6,236,960
175 1,977,121 6,236,988
177 1,977,083 6,236,968
178 1,977,022 6,236,886
179 1,977,008 6,236,878
180 1,976,986 6,236,875
181 1,976,843 6,236,915
1 82 1,976,588 6,237,073
183 1,976,568 6,237,038
184 1,976,470 6,237,135
185 1,976,356 6,237,185
186 1,976,270 6,237,211
187 1,976,137 6,237,181
188 1,976,101 6,237,062
189 1,976,149 6,236,981
190 1,976,345 6,236,910
191 1,976,497 6,236,876
192 1,976,604 6,236,854
193 1,976,684 6,236,839
194 1,976,792 6,236,791
195 1,976,901 6,236,711
196 1,976,951 6,236,664
197 1,977,003 6,236,599
198 1,977,054 6,236,509
199 1,977,065 6,236,466
200 1,977,066 6,236,430
1,977,061 6,236,395 201
1,976,138 6,236,937 21 4
21 5 1,976,016 6,237,008
21 6 1,975,961 6,237,052
21 7 1,975,915 6,237,138
21 8 1,975,958 6,237,279
21 9 1,976,046 6,237,296
220 1,976,221 6,237,267
221 1,976,369 6,237,223
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 28)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
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DREDGING AND GRADING PLAN NO. 1
POINTS NO. NORTH I NG EASTING
222 1,976,608 6,237,108
223 1,976,828 6,236,971
224 1,976,916 6,236,918
225 1,976,995 6,236,885
226 1,977,006 6,236,886
227 1,977,016 6,236,892
228 1,977,076 6,236,972
264 1,977,422 6,237,188
266 1,977,318 6,236,850
272 1,977,440 6,237,177
273 1,977,340 6,236,929
279 1,977,408 6,237,165
31 4 1,977,148 6,237,228
320 1,977,123 6,237,222
321 1,977,051 6,237,321
322 1,976,995 6,237,510
323 1,976,939 6,237,546
324 1,976,620 6,237,544
325 1,976,517 6,237,740
326 1,976,413 6,237,742
327 1,976,365 6,237,453
328 1,975,970 6,237,559
329 1,97591 0 6,238,267
330 1,975,952 6,238,248
331 1,976,007 6,237,590
332 1,976,333 6,237,503
333 1,976,383 6,237,777
334 1,976,540 6,237,777
335 1,976,641 6,237,580
336 1,976,949 6,237,580
337 1,977,026 6,237,534
338 1,977,081 6,237,329
339 1,977,453 6,237,249
340 1,977,388 6,237,181
34 1 1,977,185 6,237,236
342 1,977,120 6,237,338
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 28)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
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P
1
DREDGING AND GRADING PLAN NO. 1
POINTS NO. NORTHING EASTlNG
6,237,560 343 1,977,060
344 1,976,960 6,237 , 620
345 1,976,666 6,237,620
6,237,817 346 1,976,564
347 1,976,349 6,237,817
348 1,976,301 6,237,553
349 1,976,045 6,237,622
350 1,976,028 6,237,817
35 1 1,975,994 6,238,230
352 1,976,056 6,238,202
353 1,976,083 6,237,877
354 1,976,601 6,237,877
355 1,976,702 6,237,680
356 1,976,977 6,237,680
357 1,977,112 6,237,599 m 358 1,977,169 6,237,387
r.
40F4
P
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 29)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
8
I
J
I
I
8
E
E
rl)
si
I
1
8
8
I
1
DREDGING AND GRADING PLAN NO. 2
POINTS NO. NORTHING EASTING
I.
400 1,900,400 6,277,510
40 1 1,900,401 6,277,622
402 1,900,402 6,277,487
403 1,900,403 6,277,520
404 1,900,404 6,277,608
405 1,900,405 6,277,721
406 1,900,406 6,277,787
407 1,900,407 6,277,677
408 1,900,408 6,277,684
409 * 1,900,409 6,277,945
41 0 1,900,410 6,277,944
41 1 1,900,411 6,277,652
41 2 1,900,412 6,277,641
41 3 1,900,413 6,277,752
41 4 1,900,414 6,277,689
41 5 1,900,415 6,277,607
41 6 1,900,416 6,277,577
41 7 1,900,417 6,277,652
41 8 1,900,418 6,277,710
41 9 1,900,419 6,277,600
420 1,900,420 6,277,615
421 1,900,421 6,277,925
422 1,900,422 6,277,897
423 1,900,423 6,277,558
424 1,900,424 6,277,648 t 425 1,900,425 6,277,596
1 OF 1
.t
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 30)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
t
i
II
I
I
8
e s m e
T
I
8
I
I
I
1
DREDGING AND GRADING PLAN NO. 3
POINTS NO. NORTHING EASTING
500 1,976,796 6,238,722
501 1,976,964 6,238,869
502 1,977,188 6,239,113
503 1,977,404 6,239,302
504 1,977,690 6,239,295
505 1,977,708 6,239,355
506 1,977,774 6,239,353
507 1,977,382 6,239,362
508 1,977,146 6,239,156
509 1,976,922 6,238,912
51 0 1,976,760 6,23 8,770
51 1 1,976,454 6,238,574
51 2 1,976,417 6,238,622
51 3 1,976,724 6,238,818
51 4 1,976,880 6,238,955
51 5 1,977,102 6,239,197
51 6 1,977,352 6,239,446
51 7 1,977,768 6,239,40 1
51 8 1,977,330 6,239,669
51 9 1,976,990 6,239,224
520 1,976,789 6,238,953
521 1,976,704 6,238,849
522 1,976,394 6,238,651
f
t 1 OF 1
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 31)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
I
1
I
E
I
1
II
Ir,
e
I
I
I
1
1
1
1
DREDGING AND GRADING PIAN NO. 4
POINTS NO. N 0 RTH i NG EASTING
600 1,978,262 6,238,508
601 1,978,776 6,238,749
602 1,978,776 6,238,833
603 1,978,310 6,239,154
607 1,978,301 6,239,150
608 1,978,356 6,239,036
6,238,805 609 1,978,535
61 0 1,978,453 6,238,813
61 1 1,978,346 6,238,971
61 2 1,978,321 6,239,009
61 3 1,978,292 6,239,146
61 7 1,978,085 6,239,272
61 8 1,978,024 6,239,273
61 9 1,978,376 6,238,820
620 1,978,304 6,238,926
650 1,978,230 6,239,595
667 1,978,068 6,239,281
668 1,978,070 6,239,292
673 1,978,171 6,239,642
674 1,977,998 6,239,773
678 1,978,170 6,239,67 1
682 1,978,193 6,239,679
683 1,978,213 6,239,686
687 1,978,473 6,239,479
688 1,979,091 6,239,194
689 1,979,213 6,239,458
690 1,978,965 6,239,643
691 1,978,907 6,239,761
692 1,978,907 6,240,000
693 1,978,857 6,239,962
694 1,978,857 6,239,764
695 1,978,898 6,239,581
696 1,979,100 6,239,430
697 1,979,051 6,239,313
698 1,978,472 6,239,502
703 1,978,474 6,239,527
t
1 OF2
t
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 31)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
I
I
1
I
8
I m
1
8
I
I
II
C
DREDGING AND GRADING PLAN NO. 4
POINTS NO. NORTH I NG EASTING
704 1,978,554 6,239,559
705 1,978,692 6,239,665
706 1,978,692 6,239,885
707 1,978,672 6,239,876
6,239,675 708 1,978,672
709 1,978,544 6,239,576
71 0 1,978,474 6,239,548 8 71 1 1,978,436 6,239,492
t
20F2
I
I
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 32)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
DREDGING AND GRADING PLAN NO. 5
POINTS NO. NORTH IN G EASTING
1,976,786 6,240,715 800
801 1,976,979 6,240,509
802 1,977,227 6,240,347
803 1,977,381 6,240,314
804 1,977,500 6,240,373
805 1,977,533 6,240,415
806 1,977,562 6,240,486
807 1,977,548 6,240,770
808 1,977,540 6,240,880
809 1,977,405 6,241,371
81 0 1,977,314 6,241,607
81 1 1,977,190 6,241,716
81 2 1,976,980 6,241,788
81 3 1,976,851 6,241,746
81 4 1,976,718 6,241,628
81 5 1,976,536 6,241,396
81 6 1,976,812 6,240,992
81 7 1,976,847 6,240,877
81 8 1,976,876 6,240,714
81 9 1,977,021 6,240,559
820 1,977,265 6,240,400
821 1,977,413 6,240,390
822 1,977,497 6,240,537
823 1,977,470 6,240,867
824 1,977,338 6,241,349
6,241,566 825 1,977,254
826 1,977,163 6,241,647
827 1,976,992 6,241,715
828 1,976,895 6,241,692
829 1,976,775 6,241,578
830 1,976,637 6,241,390
831 1,976,878 6,241,037
832 1,976,927 6,240,877
833 1,977,185 6,240,691
834 1,977,203 6,240,812
835 1,977,025 6,241,494
1
I
1
I
1
I a.
il
t s
II s
I
t
I
m
1 OF2
I.
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 32)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
DREDGING AND GRADING PLAN NO. 5
POINTS NO. NORTHING EASTING
836 1,977,563 6,240,774
837 1,977,555 6,240,882
838 1,977,419 6,241,376
839 1,977,326 6,241,616
840 1,977,204 6,241,724
841 1,977,144 6,241,952
842 1,977,173 6,242,266
843 1,977,588 6,240,782
844 1,977,579 6,240,887
845 1,977,443 6,241,384
846 1,977,347 6,241,631
847 1,977,305 6,241,668
848 1,977,312 6,241,975
849 1,977,336 6,242,239
850 1,977,607 6,240,788
851 . 1,977,599 6 , 240 , 890
852 1,977,462 6,241,390
853 1,977,364 6,241,643
854 1,977,325 6,241,677
855 1,977,332 6,241,973
856 1,977,356 6,242,235
)
I
I
I
1
4
8 c
il
8
I
8 s
I
t
I s. 20F2
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 33)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
DREDGING AND GRADING PLAN NO. 6
POINTS NO. N 0 RTH I NG EASTING
900 1,978,226 6,240,273
901 1,978,199 6,240,429
902 1,978,196 6,240 , 767
903 1,978,170 6,240,877
1,977,982 6,241,217 904
905 1,977,959 6,241,331
1,977,971 6,241,565 906
907 1,978,251 6,240,278
908 1,978,219 6,240,436
909 1,978,219 6,240,756
91 0 1,978,189 6,240,885
91 1 1,978,009 6,241,209
1,977,979 6,241,351 91 2
91 3 1,977,992 6,241,576
91 4 1,978,394 6,240,356
91 5 1,978,379 6,240,445
91 6 1,978,376 6,240,788
91 7 1,978,342 6,240,934
91 8 1,978,153 6,241,280
1,978,140 6,241,347 91 9
920 1,978,152 6,241,562
921 1,978,113 6,242,08 1
922 1,978,462 6,240,366
923 1,978,438 6,240,588
924 1,978,431 6,240,795
1,978,360 6,241,016 925
926 1,978,202 6,241,294
927 1,978,190 6,241,347
928 1,978,200 6,241,554
929 1,978,197 6,241,642
930 1,978,166 6,242,073
93 1 1,978,325 6,242,500
1
I
I
I
I
1
I
1c
1
1
I
I
I
8
1
1 1 OF1
I?
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 34)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
DREDGING AND GRADING PLAN NO. 7
POINTS NO. NO RTHl NG EASTING
1000 1,977,180 6,242,920
1001 1,977,296 6,243,016
1002 1,977,434 6,243,210
1003 1,977,428 6,243,769
1,977,383 6,244,392 1004
1,977,339 6,244,992 1005
1006 1,977,347 6,242,955
1007 1,977,504 6,243,166
1008 1,977,565 6,244,547
1009 1,977,553 6,244,791
1
I
t
I
I
8
1
I)
1
I
i
I
I
1
1
I 1 OF1
I.
BATlQUlTOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 35)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
t
I
I
I
I
I
8
8 m
ll
8
I
8
I
I
I
I
DREDGING AND GRADING PIAN NO. 8
POINTS NO. NORTHING EASTING
1100 1,978,312 6,242,731
1101 1,978,079 6,243,171
1102 1,978,076 6,243,505
1103 1,978,267 6,243,957
1104 1,978,430 6,244,470
1105 1,978,420 6,244,725
1106 1,978,399 6,244,966
1107 1,978,124 6,242,673
1108 1,977,997 6,243,226
1109 1,977,988 6,243,514
1110 1,978,172 6,243,963
1111 1,978,334 6,244,474
1112 1,978,353 6,244,766
1113 1,977,879 6,243,058
1114 1,977,960 6,243,525
1115 1,978,019 6,243,938
1116 1,978,046 6,244,549
6,244,855 1117 1,978,030
1118 1,977,859 6,243,059
1119 1,977,940 6,243,528
1120 1,977,999 6,243,940
1121 1,978,026 6,244,549
1122 1,978,OI 0 6,244,851
1123 1,977,789 6,243,950
1124 1,977,816 6,244,548
1125 1,977,802 6,244,812
1126 1,977,769 6,243,953
1127 1,977,796 6,244,548
1128 1,977,782 6,244,809
t
1 OF 1
t
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 36)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
I
I
I
I
8
8
I
I
m
I
1
II
!
I
N
I
I
DREDGING AND GRADING PLAN NO. 9
POINTS NO. NORTH IN G EASTING
1200 1,977,611 6,245,463
1201 1,977,556 6,245,769
1202 1,977,592 6,245,456
1203 1,977,536 6,245,769
1204 1,977,504 6,245,193
1205 1,977,457 6,245,582
1206 1,977,448 6,245,883
1207 1,977,500 6,246,159
1208 1,977,398 6,245,873
6,246,464 1209 1,977,481
t
I. 1 OF1
BATIQUITOS LAGOON ENHANCEMENT PROJECT
DREDGING AND GRADING PLAN NO. 10
(SEE DWG. SHEET 37)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
I
I
I
I
I
1
I m
8
I
1
1
I
I
I
POINTS NO. NORTH I NG EASTING
1300 1,978,256 6,245,312
1301 1,978,137 6,245,580
1302 1,978,064 6,245,784
1303 1,978,129 6,245,943
1304 1,978,290 6,246,123
1305 1,978,411 6,246,295
1306 1,978,493 6,246,558
1307 1,978,473 6,246,715
1308 1,978,366 6,246,834
1309 1,978,322 6,246,922
1310 1,978,269 6,247,110
131 1 1,978,283 6,247,309
1312 1,978,232 6,247,330
1313 1,978,216 6,247,110
1314 1,978,219 6,246,628
1315 1,978,127 6,246,365
1316 1,977,933 6,246,140
1,977,794 6,245,864 1317
1318 1,977,809 6,245,606
1319 1,977,790 6,245,600
1320 1,977,777 6,245,878
1321 1,977,905 6,246,139
1,978,111 . 6,246,377 1322
1323 1,978,199 6,246,629
1324 1,978,196 6,247,111
1325 1,978,212 6,247,334
1326 1,978,062 6,246,849
1327 1,978,060 6,246,706
1328 1,978,000 6,246,554
1329 1,977,747 6,246,277
1330 1,977,732 6,246,290
1331 1,977,985 6,246,567
1332 1,978,040 6,246,706
1333 1,978,042 6,246,848
1334 1,977,954 6,247,416
6,247,061 1335 1,977,993
r.
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e
I.
1 OF2
BATIQUITOS LAGOON ENHANCEMENT PROJECT
DREDGING AND GRADING PLAN NO. 10
(SEE DWG. SHEET 37)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
I
POINTS NO. NORTH I NG EAST1 NG
1336 1,977,900 6,246,708
1337 1,977,882 6,246,662
1338 1,978,219 6,245,606
1,978,224 6,245,822 1339
1340 1,978,535 6,246,182
1,978,619 6,246,344 1341
1342 1,978,615 6,246,629
1343 1,978,490 6,246,733
1344 1,978,387 6,246,848
6,246,931 1345 1,978,346
1346 1,978,294 6,247,112
1347 1,978,307 6,247,302
1348 1,978,449 6,247,434
1349 1,978,366 6,247,285
1350 1,978,354 6,247,119
1351 1,978,402 6,246,953
1352 1,978,437 6,246,882
1353 1,978,639 6,246,687
1354 1,979,056 6,246,660
1355 1,979,032 6,246,703
6,246,912 1356 1,978,783
1357 1,978,707 6,247,086
1358 1,978,637 6,247,162
1359 1,978,618 6,247,33 1
1360 1,978,644 6,247,416
1361 1,978,692 6,247,191
1362 1,978,776 6,247,095
1363 1,978,895 6,246,885
1364 1,978,993 6,246,789
6,246,726 1365 1,979,074
1366 1,979,158 6,246,597
1367 1,978,731 6,246,779
1368 1,978,573 6,246,939
1369 1,978,498 6,247,118
1370 1,978,498 6,247,281 1 1371 1,97831 7 6,247,337 P 20F2
1
I
I
I
1
1
I
b
II
1 u
1
I
I
I
BATIQUITOS LAGOON ENHANCEMENT PROJECT
DREDGING AND GRADING PLAN NO. 11
(SEE DWG. SHEET 38)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
I
I
I
1
II
1
I
B
I
1
I
I
I
8-
I
I
POINTS NO. NO RTHl NG EASTING
1400 1,977,813 6,247,644
1401 1,977,503 6,247,922
1402 1,977,432 6,248,128
1403 1,977,451 6,248,396
1404 1,977,549 6,248,526
6,248,753 1405 1,978,001
1,978,009 6,248,670 1406
1407 1,977,605 6,248,467
1,977,520 6,248,373 1408
1409 1,977,503 6,248,137
1410 1,977,564 6,247,96 1
141 1 1,977,882 6,247,677
1412 1,977,981 6,247,719
1413 1,977,959 6,247,743
1414 1,977,932 6,247,740
1415 1,977,633 6,248,006
1416 1,977,584 6,248,148
1417 1,977,598 6,248,340
1418 1,977,657 6,248,404
1419 1,978,021 6,248,587
1420 1,978,065 6,248,525
1421 1,977,851 6,248,452
6,248,339 1422 1,977,707
1423 1,977,687 6,248,158
1424 1,977,769 6,248,028
1425 1,978,020 6,247,812
1426 1,978,040 6,247,933
1 427 1,977,849 6,248,098
1428 1,977,795 6,248,183
1429 1,977,806 6,248,283
1,977,902 6,248,359 1430
1431 1,978,048 6,248,408
1432 1,977,798 6,248,489
1,977,762 6,248,560 1433
t
1 OF 1
I.
BATIQUITOS LAGOON ENHANCEMENT PROJECT
DREDGING AND GRADING PLAN NO. 12
(SEE DWG. SHEET 39)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
II
I
I
I
I
I
1
I
c
1
1
I
1
4
1
1
POINTS NO. NORTHING EASTING
1500 1,978,501 6,247,543
1501 1,901,501 6,278,54 1
1502 1,901,502 6,278,677
1503 1,901,503 6,278,696
1504 1,901,504 6,278,376
1505 1,901,505 6,278,185
1,901,506 6,278,543 1506
1507 1,901,507 6,278,576
1508 1,901,508 6,278,626
1509 1,901,509 6,278,507
1510 1,901,510 6,278,524
1511 1,901,511 6,278,471
1512 1,901,512 6,278,319
1513 1,901,513 6,278,148
1514 1,901,514 6,278,380
1,901,515 6,278,394 1515
1516 1,901,516 6,278,360
6,278,370 1517 1,901,517
6,278,412 1518 1,901,518
1519 1,901,519 6,278,388
1520 1,901,520 6,278,254
1521 1,901,521 6,278,246
1522 1,901,522 6,278,307
1523 1,901,523 6,278,213
1524 1,901,524 6,278,160
1525 1,901,525 6,278,199 I 1526 1,901,526 6,278'1 28
t
P 1 OF 1
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
I
I
I
I
1
1
I
U
c
I
I
8
I
I
I
I
I
DREDGING AND GRADING PLAN AT AT&SF RAILROAD
POINTS NO. N ORTHlN G EASTING
174 1,977,087 6,236,960
1 75 1,977,121 6,236,988
176 1,977,113 6,236,993
177 1,977,083 6,236,968
228 1,977,076 6,236,972
229 1,977,103 6,236,994
1,977,394 6,236,969 260 261 1,977,361 6,237,021
262 1,977,377 6,237,079
263 1,977,437 6,237,111
264 1,977,422 6,237,188
265 1,977,407 6,236,966
267 1,977,401 6,236,997
268 1,977,384 6,237,025
269 1,977,394 6,237,065
270 1,977,439 6,237,088
271 1,977,452 6,237,108
6,237,177 272 1,977,440
273 1,977,340 6,236,929
274 1,977,347 6,236,937
275 1,977,372 6,236,970
276 1,977,342 6,237,018
277 1,977,361 6,237,092
278 1,977,417 6,237,121
279 1,977,408 6,237,165
280 1,977,341 6,236,954
281 1,977,349 6,236,965
282 1,977,318 6,237,015
283 1,977,342 6,237,107
284 1,977,398 6,237,136
285 1,977,395 6,237,153
286 1,977,198 6,237,207
287 1,977,186 6,237,194
288 1,977,218 6,237,135
289 1,977,199 6,237,064
290 1,977,142 6,237,027
t
1 OF2
t
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
DREDGING AND GRADING PLAN AT AT&SF RAILROAD
POINTS NO. NORTH I NG EASTING
291 1,977,144 6,237,008
292 1,977,339 6,236,960
293 1,977,343 6,236,965
294 1,977,312 6,237,014
295 1,977,338 6,237,110
296 1,977,393 6,237,139
297 1,977,391 6,237,149
298 1,977,200 6,237,20 1
299 1,977,192 6,237,193
300 1,977,224 6,237,136
301 1,977,204 6,237,061
302 1,977,147 6,237,024
303 1,977,149 6,237,012
304 1,977,131 6,236,996
305 1,977,125 6,237,042
306 1,977,180 6,237,078
307 1,977,195 6,237,132
308 1,9773 63 6,237,190
309 1,977,193 6,237,224
31 0 1,977,105 6,237,051
31 1 1,977,164 6,237,089
31 2 1,977,175 6,237,130
31 3 1,977,142 6,237,190
31 4 1,977,148 6,237,228
31 5 1,977,096 6,237,053
31 6 1,977,105 6,237,075
31 7 1,977,146 6,237,103
31 8 1,977,149 6,237,128
31 9 1,977,135 6,237,160
320 1,977,123 6,237,222
340 1,977,388 6,237,181
341 1,977,185 6,237,236
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
I
DREDGING AND GRADING PUN AT 1-5 CROSSING
POINTS NO. N 0 RTHl N G EASTING
603 1,978,310 6,239,154
604 1,978,315 6,239,188
605 1,978,271 6,239,216
606 1,978,309 6,239,183
607 1,978,301 6,239,150
61 3 1,978,292 6,239,146
61 4 1,978,242 6,239,192
61 5 1,978,229 6,239,220
61 6 1,978,146 6,239,265
61 7 1,978,085 6,239,272
621 1,978,303 6,239,184
622 1,978,287 6,239,165
623 1,978,268 6,239,213
624 1,978,256 6,239,238
625 1,978,256 6,239,243
626 1,978,364 6,239,45 1
627 1,978,411 6,239,457
628 1,978,412 6,239,481
629 1,978,369 6,239,481
630 1,978,350 6,239,470
631 1,978,347 6,239,468
632 1,978,238 6,239,266
633 1,978,233 6,239,251
634 1,978,232 6,239,232
635 1,978,249 6,239,198
636 1,978,228 6,239,234
637 1,978,227 6,239,249
638 1,978,146 6,239,278
639 1,978,162 6,239,284
640 1,978,103 6,239,279
641 1,978,130 6,239,275
642 1,978,159 6,239,287
643 1,978,161 6,239,289
644 1,978,187 6,239,310
645 1,978,278 6,239,480
646 1,978,279 6,239,505
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I
BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
DREDGING AND GRADING PLAN AT 1-5 CROSSING
POINTS NO. N 0 RTH I NG EASTING
647 1,978,278 6,239,508
648 1,978,263 6,239,537
649 1,978,240 6,239,564
650 1,978,230 6,239,595
651 1,978,267 6,239,55 1
652 1,978,271 6,239,531
653 1,978,363 6,239,482
654 1,978,349 6,239,474
655 1,978,281 6,239,511
656 1,978,222 6,239,549
657 1,978,245 6,239,522
658 1,978,255 6,239,501
659 1,978,254 6,239,486
660 1,978,168 6,239,326
1,978,150 6,239,309 661
6,239,300 662 1,978,127
663 1,978,106 6,239,303
664 1,978,127 6,239,304
665 1,9783 03 6,239,307
666 1,978,085 6,239,280
667 1,978,068 6,239,281
668 1,978,070 6,239,292
669 1,978,082 6 , 239,292
670 1,978,097 6,239,316
671 1,978,209 6,239,547
6,239,568 672 1,978,212
675 1,978,238 6,239,551 6
676 1,978,213 6,239,546
677 1,978,219 6,239,581
679 1,978,242 6,239,520
680 1,978,218 6,239,547
681 1,978,225 6,239,588
1,978,365 6,239,430 684
685 1,978,392 6,239,440
686 1,978,419 6,239,440
699 1,978,415 6,239,447
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BATlQUlTOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
I
DREDGING AND GRADING PLAN AT 1-5 CROSSING
POINTS NO. NORTH IN G EASTING
700 1,978,377 6,239,448
701 1,978,377 6,239,453 1 702 1,978,413 6,239,453
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
1
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II
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DREDGING AND GRADING PLAN AT CARLSBAD BLVD.
POINTS NO. NORTHING EASTING
100 1,977,002 6,236,177
101 1,976,992 6,236,143
1 02 1,976,990 6,236,137
103 1,976,988 6,236,129
104 1,976,984 6,236,115
105 1,977,099 6,236,080
106 1,977,103 6,236,094
107 1,977,105 6,236,102
108 1,977,107 6,236,108
109 1,977,117 6,236,141
110 1,977,179 6,236,209
111 1,977,170 6,236,221
112 1,977,183 6,236,262
113 1,977,158 6,236,216
114 1,977,173 6,236,265
115 1,977,141 6,236,221
116 1,977,156 6,236,270
117 1,977,026 6,236,256
118 1,977,041 6,236,305
119 1,977,009 6,236,261
120 1,977,024 6,236,310
121 1,977,001 6,236,263
6,236,312 1 22 1,977,016
123 1,976,990 6,236,267
124 1,976,997 6,236,276
125 1,977,008 6,236,315
126 1,977,202 6,236,350
1 27 1,977,220 6,236,369
140 1,977,208 6,236,378
6,236,355 141 1,977,186
142 1,977,168 6,236,36 1
143 1,977,164 6,236,368
6,236,377 144 1,977,167
145 1,977,202 6,236,383
1 52 1,977,081 6,236,387 1 153 1,977,089 6,236,39 1
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 43)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
t
DREDGING AND GRADING PLAN AT CARLSBAD BLVD.
POINTS NO. NORTHING EASTING
154 1,977,091 6,236,400
155 1 , 977,074 6,236,422
201 1,977,062 6,236,395
6,236,395 202 1,977,054
240 1,977,021 6,236,382
1
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BATlQUlTOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 46)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
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LEAST TERN SITE W-2
POINTS NO. NORTH I NG EASTING
202 1,977,053 6,236,396
203 1,977,058 6,236,43 1
204 1,977,057 6,236,465
205 1,977,047 6,236,506
1,976,996 6,236,594 206
207 1,976,945 6,236,659
208 1,976,896 6,236,705
209 1,976,788 6,236,785
21 0 1,976,736 6,236’81 0
21 1 1,976,590 6,236,832
21 2 1,976,679 6,236,82 1
21 3 1,976,340 6,236,887
230 1,976,140 6,236,832
231 1,976,157 6,236,765
232 1,976,183 6,236,718
233 1,976,208 6,236,696
234 1,976,364 6,236,614
235 1,976,457 6,236,570
1,976,595 6,236,514 236
1,976,729 6,236,473 237
238 1,976,867 6,236,433
239 1,976,905 6,236,422
240 1,977,021 6,236,382
241 1,977,013 6,236,394
242 1,977,019 6,236,435
243 1,977,018 6,236,460
244 1,977,011 6,236,491
1,976,964 6,236,572 245
246 1,976,916 6,236,632
247 1,976,870 6,236,675
248 1,976,766 6,236,752
249 1,976,706 6,236,766
250 1,976,577 6,236,764
1,976,478 6,236,785 251
252 1,976,205 6,236,851
253 1,976,179 6,236,884
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BATIQUITOS LAGOON ENHANCEMENT PROJECT
(SEE DWG. SHEET 46)
CONTROL POINTS
CALIFORNIA STATE PLANE COORDINATES, ZONE 6
LEAST TERN SITE W-2
POINTS NO. NORTHING EASTING
254 1,976,329 6,236,843
255 1,976,483 6,236,809
256 1,976,580 6,236,788
257 1,976,706 6,236,791
258 1,976,767 6,236,785
259 1,976,775 6,236,776
1,976,783 6,236,777 360
361 1,976,890 6,236,698
362 1,976,939 6,236,653
363 1,976,989 6,236,589
364 1,977,038' 6,236,498
365 1,977,046 6,236,463
366 1,977,045 6,236,43 1
367 1,977,040 6,236,401
368 1,977,032 6,236,374
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SUBMITTAL REGISTER
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APPENDU a s
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Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
884
. _- -- --
,I -J F-l = . d-B
Sate 9/12 1
- U Reply lA/anied ____ ---____- __-~---- vo File
From Karen DNO Reply Necessary -_- ____ -_ __ _---- ____-- ~-
The attached'tetter of Credit was brought over by Helga Stover from the
Finance Dept.
for the T.L. James /Batiquitos Lagoon Enhancement Project.
The Attorney and the Finance Director have not signed this document, however,
Helga said that is not necessary, and that they both were involved in
obtaining this LOC.
-- - - -____ Helga requested that this be put in the "45" file
K.
Y {'LLepi x- i: Lj cb-&d ,ce7ALe-JLQ $..&?+. ' ?!&.A &., 7p.j 77 I:
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0 0 . LUI'1IYUN1. I Y UtVtLUt-"P'ltN I
.2075' LOS PALMAS DRIVE
CARLSBAD, CALI FORNXA 92009-1576
WE HEREBY AMEND THIS IRREVOCABLE STANDBY LETTER OF CREDIT AS
FOLLOWS:
DELETE LAST PARAGRAPH:
c
( UNLESS OTHERWISE SPECIFICALLY STATED, THIS CREDIT Is SUBJECT TO
r 500.
' 11 )THE UNIFORFI CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 1993
REVISION, THE INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.
AND 1NSEP.T THE FOLLOWING:
THIS LETTER OF CREDIT SHALL BE GOVERNED BY THE UNIFORM CUSTOMS
INTERNATIONAL CHAMBER OF COMb'iERCE PUBLICATION NO. 500 (THE /UCP/)
'2 ANI? PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION),
AND, TO THE EXTENT INCONSISTENT WITH THE WCP, THE LAWS OF rt-iE ' STATE OF CALIFORNIA WILL CONTROL- LOUISIANA LAN WILL NOT APPLY.
FOR ASSISTANCE PLEASE CALL JOSIE JACKSON AT 214-508-3606
THIS MESSAGE HAS BEEN TRANSMITTED RY NATIONSRANK OF TEXAS *
REFLY VIA MCI6829317 NATIONSBK DAL
I 16829317PJC1'4BDAL , BANKAMEP SF0 .... 0
SEP 03 1936 1'205
MPW~M
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PAGE: 1
DATE: SEPTEMBER 6, 1996
AMENDMENT TO IRREVOCABLE STANDBY CREDIT
AMENDMENT NUMBER 1
ISSUING BANK’S NUMBER: 913670 OUR REFERENCE NUMBER: 3000920
ISSUING BANK NATIONSBANK OF TEXAS
TRADE SERVICES, 901 MAIN ST, 9TH P.O. BOX 830483 DALLAS, TX 75283-0483
BENEFICIARY APPLICANT
THE CITY OF CARLSBAD T.L. JAMES & COMPANY, INC. COMMUNITY DEVELOPMENT 106 WEST MISSISSIPPI STREET 2075 LLOS PALMAS DRIVE RUSTON, LOUISIANA 71273 CARLSBAD, CA. 92009-1576
WE ARE INFORMED BY THE ABOVE CORRESPONDENT THAT THIS LETTER OF CREDIT BEEN AMENDED AS FOLLOWS:
PER THE ATTACHED ORIGINAL AMENDMENT AUTHENTICATED BY US.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
BANK F,AMERICA NT & S
TIhr: \lT,iT - - - - - - - ~ -b -c - - - -e:~:4%a*~.
AUTHORI~ED Ta SIGNATURE
- - PSI.:;.; - - - - - r Y-d-4 - - - -JKerWLQeryl
THIS DOCUMENT CONSISTS OF 1 PAGE(S).
Au H Rfg
- _- ____- -- --
OR1 G INAL
Bank of America NT&SA Trade Operations Center 5655 c
333 South Beaudry Avenue, 19th Flr , Los Angeles. CA 90017
PARI F Al7nRFSS. Telex MCI 67652 BANKAMER SF0 SWIFT ADDRESS BOFAUSGS CORR-1041A 10-I
5-SEP-1996 13:44:
'P r% :
Dlvr To: Trade Finance Svcs SF0 85655 Receive Time: 3-SEP-1996 10:06:
e
Print Time:
@ \ \ .-.
MTIF-D EV-R DRY 3.9 -L X N E I ?- LOC: LOCI Queue: ADMXNPRTQ
Attn: L VEGA WE CONFIRM TEST CORRECT-TRN 960903-53997 I"
Rcvd From: NATIONSBANK TEXAS DALLAS
Sender 's Id# : N/NATITEXADALLDFNB
Trn Ref#: 960903-053997
DALLAS, TEXAS r
*** TEST CORRECT FOR $a.oo ***
,-4 ' ____ ~ ________ ~ _--1____-__1__--__-_I--I---------------------------- ----J,L.
Mi r: c -) r c :
In Test: Y Amt: $0,00 Cur: NOA Value Date:
O~lt Test: I'.Ji'iT.)p. FPF P r I Q : PJORMAL
C c' IT) r n $3 n 1 :
id I R
____I-_- ~ ~ ------." ___--- "_ l--_l-_-_--lll----___--l_l- --------"~--- --I
1______________"___________1______1___11---------_--------------------
*A ATTEPJTIOI'~: L VEGA WE CONFIRM TEST CORRECT-TPN 960903-53937
Message Text
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^EZY EZY-SF0 6606 r.l N I N 96/09/03 12:06:56
A/5983/ 33719'30M 6S06 0
CJRF
/TLY: ; 5987
{ ST:< }
BhI'lkAf.lF-F\ s TO
t, 4 3 2
2246
YEPLk VIA riCZ6823317 NATIONSBK PAL
MESSPGE I'~CJ-:
MESSAGE t4O. 1383004 JMJ
ISSUIriG BAI'4K:
NATXONSBANK OF TEXAS, N.A.
ADV I S I PiG BAI'JK:
BANK OF ArlEPICA NT AND SA, CA
'33'3 S. BEAUDRY AVE-, 19TH FLOOR
LOS ANGELES, CA 90017
TRADE OPERATIOi'dS CEr4TER NBRS 22621
PLF; RELAY TO LOS ArJGELES CA
1302 09/03 072831382 NCDZ5984 ,
'r EST { ) DTft 8 30 96 FOR NO AMOUNT inis amendment forms an lntegral
part of our Letter of Credit and (s to
:9APE: AUGUST 28, IT'S6 be attached to the original credit in your possessr n reference KoJ/pJy flr Our
LETTER OF CREDIT NQ. 9136'10
k P f' L x c A Td T :
T, L, J~MES AND Cr3rlP4rrv, XNC. 106 WEST MIS?ISSxPPI STREET BANK OF AMERICA NT & SA
F:CJSTOI'J, LOU I S I ANA 7 12 7 3 ITBD Trade Operations Center
THE Ci-rt' QF CAKLC:BAU
B E 14 E F I C I A RY :
q
'. 'mrrpwmmsrranK (0 .- 4I-J Ulltll
IRREVOCABLE STANDBY LETTER OF CREDIT
ISSUING BANK:
MAIIONSBANK OF TEXAS, N,A.
ISSUE DATE 2 O9AUG96 EXPIRY DATE: 070CT97
iwrm OF CREDIT NUMBER: 913670 PLACE: LOS ANGELES, CA
CJMOUNT: LJSD 1. r ai6 .( 861.50
Uh!E MILLION EIGHT HI.!Nc)RE:C~ SIXTEEN TflOlJSANO EIGHT HMNORED SIXTY
CTtb!E &NO 50/100
b EN E F I L" I AR Y :
THE ilITY OF CARLSBAD T. L. JAMES & COMPANY, INC.
(>OM M!JN 1 T Y 0 E:' E L 0 P M EN T 106 \JEST MISSISSTPPE STREET
2075 LLOS PALriAs DRIVE RUSTON ~ LOUISIANA 71273
CAKLSRAO 1 CALIFORNIA 3200"-3- 15-76
APPLICANT:
WE HEREBY ISSLJE THXS IRREVOCABLE STANDBY LETTER OF CREDIT IN
8ENEFICIARY 'S FAVOR WHICH 15 AVAILABLE 8Y PAYMENT UGAINST DRAFTS
BEAFIING THE CLAUSE: QllClTE DRA'nlN UNDER IRREVOCARLE LETTER OF
CREDIT NO. 915670 CLOSE GlIJQTE ACCOMPANIED BY THE
DRAWN fi-r SJGI-IT c?tq NATPONSRANK OF TEXAS, MA
~'(3 L L.(YA I N G micm EN T s :
1. . & Wi.?:!..'I'TEii! S'7,QrEMENT P!+IRPOHTEOL,Y SIGNED 8'f MLiNIi:J:?A!- PR.O,gEc::'T- u)
m MANAGER OF THE RENEFICIAHY Ah!D NOTARIZED BY A NOTARY PUBLIC 81
STAT IN(; 1 "APPLJ:I;A?~'T I-!&?; ~o'i SATT~FACTORI:Y'Y COMPI-ETE~ THE
KAT IQUI rus LA GOO^! ENHANCEMENT PROJECT r CONTRACT 3429 c AS SCJCH q s
th =i&
UI VI
ARE DUE: AND OWING," - - .. SPECIGL CONOITIONS: .-
PLEASE ADD YOUR CONFIRMATIOM I
YO~J ARE AUTHORIZED TO REIrmuRiSE ON IJS BY AUTHENTTCATEO
TELEX/SWIFT QUOTING OlJR LETTER OF CREDIT NO. 913670 CERTIFYING
MAILING, AT WHICH TIME, WE SHALL REMIT FUNDS ACCORDING TO YOUR
PAYMENT INSTRUCTIONS l4ITHTN THREE (5) OF O!JR 81.!iSINESS DAYS.
THIS LETTER OF CREDIT MUY UE CANCELLED UPON 'THE EARLIER OF:
A. EXPIRATION DATE AT THE COI.IP.lTERS OF BANK OF AME%ICA OR
THAI DOCUMENTS HAVE BEEN SENT TO IJS BY COURIER SERVICE 'IN OHE
8. tmTiFIcA-rioN TO BANK OF AMERICA BY THE BENEFICINHY THAT THE
CITY OF CARCSBAD HAS ACCEPTED THE WORK. AS COMPLETE IN
AND THE RETORN Of THE (3R.IGINAL LETTER OF CR.E07TI
CONFORMANCE WITH 'THE sPECIFICA-rXON BY 'rtdE QRIGTNAL EXPIRATION
1 HREVOCABLE STANDBY L.ETTER OF CREDIT NO. 913670, PC?GF. 3.
0 RIG! N A I.. \X
rn onsBank" rr)
ADvrsING @ANI(:
RANK OF AMERICA, NT & Sci. CA
333 S. REAUDRY AVE. ./ 1?TE FLOOR
LOS ANGELES, CA 90017
TRADE OPERATIONS CENTER #22621
8ENEFICZAWY: APPLICANT:
THE CITY OF CARLSBAD T. L. JAMES & COMPANY, INC..
COMMUN I T Y 0 EV E L O PPI EN T 106 WEST MISSISSIPPI STREET
2075 LLOS PALMAS DRIVE RUSTON, LOUISIANA 71273
CARLSBAD, CALIFORNIA 92009-1576
WE HEREBY HMEND THE A8OVE REFERENCED STANDBY LETTER OF
CREUST AS FOLLOWS:
nRAFrs ARE TU RE DRAWN AT SIGHT ON SANK OF AMERICA P:T & SA, CA
THIS STANDBY LETTER OF CREDIT IS TU EXPIRE AT THE COUNTERS OF
BANK OF AMERICA NT 15 SA. CA
THIS LETTER QF CREDIT IS AVAILAELk EY NEGOTIATXON
BANK OF AMERICA NT & SA, CA FOR NEGOTIATION.
'HICW FQHMS AM INTEGRAL PART OF LETTER OF CREDIT NO. 913670 AND
WOlJLl) BE ATTACHED THERETO,
.HIS CREDIT IS StJRYECT TO THE U.C.P. FOR DOCUMENTARY CREDIT
(1993) REVISION I.C.C. BROCHURE NO. 500.
AT I 0 N SB AN TEXAS, N.A.
%
OR~GINAL
a 0 sBank m
UNLESS OTHERWISE SPECIFICALLY STATED, THIS CREDIT rs SURJFCT TO THE
NT FORM UJSTOMS AND PRACTICE FOP, DOCUMEN rw?\ CREDTTY 1993 REVISION I
THE INTERNAl TONAL CHAMWE!? OF COMMkLRC: E PURLJC,A1 T(3N NU. 500.
FDR ASSISTANCE PLEASE CALL JQSIE JACKSOh! P.7' 214-50E?-<3606
I . \ 1 ,, i!
\
nr-i,-lPI li I
sBanK 9 Y
ISSUING BANK:
NATIONSBANK OF TEXAS, N.A.
DATE: AUGUST 28, 1996
LETTER OF CREDIT NO. 913670
APPLICANI:
T. I. JAMES &, COMPANY, INC.
106 WEST MISSISSIPPI STKEE [
ALfF a* rJ; 9996
8 tN El= LC'LAKY : Dmb,, . , j y
E& RuSrm, Lovm ANA 7 12 73
THE cI:rY OF (;ARmwD
COMMlJNIl Y DEVE LOPMtNl
2075 LOS PALMAS DRIVE
("'ARLrsl3AD. CALlFORNlA 92oc)9- 1576
WE HEREBY AMEND THIS IRREVOCABLE S-;'TANDDY LETTER OF CREDIT AS
FOLLOWS:
DELETE LAST PARAGRAPH:
LWLE~S OTHERW L:>E SP~CIFICALLY srkT ED, THIS CREL~IT IS SUSJECT TO
THE UNIFORM CCJSTCIME AND Pwxrrcx FUR DOCUMENTARY CREDITS 1943
REVZSIOI4 .( TYE INTEPNA7 IOi'JAL (;HrlMEER CjF COMMERCE PCltSL'TCPTI13i~ NO.
500.
PNCI 1i'JJsE.YI iilE FOCCOWLi'JG:
TYTS LtI TER OF CRFDJ: SHALL BE GGVEHHEO BY THE IJNIFOPM (:i!S-OWf'?
AND PF?ACTSGE 6-OH DOC'IIMEWTARY CRLPT'TS ( 19?3 f?EVISJOW 1 I
IPJTERNA? IOi.l&L CHAW:3EP OF CCIPIME~CE o1?8l-l.C:fii XUN NO. 500 ( THE "i?CP' 1
AND, ro Tt-iE EXTENT INcONsIsrwr WITH -THE UCP, rt-i~ LAWS OF THE
STATE OF CAL~~-OKNIA WILL CONTROL. LQUTSIAHA LAW WILL IYOT APPLY.
VERY TRULY YOURS,
NATTONSBANK OF TEXAS. N.A.
FOR ASejlSl Ai'dCE PLEASE CALL JOSIE JACKSUN AT 214-508-3606
IRHFVOCAt4LE STANDBY LET'TEP OF CREDIT NO w 91367O, F'AGF 1
, w Bank of America (I) m
PAGE: 1
DATE: AUGUST 21, 1996
ADVICE OF IRREVOCABLE STANDBY LETTER OF CREDIT
ISSUING BANK'S NUMBER: 913670
OUR REFERENCE NUMBER: 3000920
ISSUING BANK NATIONSBANK OF TEXAS TRADE SERVICES, 901 MAIN ST, 9TH P.O. BOX 830483 DALLAS, TX 75283-0483
BENEFICIARY APPLICANT THE CITY OF CARLSBAD T.L. JAMES & COMPANY, INC. COMMUNITY DEVELOPMENT 106 WEST MISSISSIPPI STREET 2075 LLOS PALMAS DRIVE RUSTON, LOUISIANA 71'273 CARLSBAD, CA. 92009-1576
AMOUNT USD 1,816,861.50 ONE MILLION EIGHT HUNDRED SIXTEE THOUSAND EIGHT HUNDRED SIXTY ONE 50/100'S US DOLLARS
EXPIRATION OCTOBER 7, 1997 AT OUR COUNTER
AT THE REQUEST OF OUR CORRESPONDENT, WE HEREBY ADVISE THE ATTACHED STANDBY LETTER OF CREDIT.
THIS CREDIT IS CONFIRMED BY US AND WE UNDERTAKE THAT ALL DRAFTS DRAWN PRESENTED IN ACCORDANCE WITH THE TERMS OF THE CREDIT WILL BE HONORED
US. AS THE CONFIRMING BANK, IT IS OUR PRACTICE THAT PRESENTATION OF DOCUMENTS UNDER THIS L/C BE RESTRICTED TO OUR COUNTERS.
THE ENCLOSED ORIGINAL LETTER OF CREDIT IS AUTHENTICATED BY US.
THE ORIGINAL LETTER OF CREDIT (OPERATIVE CREDIT INSTRUMENT) MUST BE SUBMITTED WITH EACH PRESENTATION OF DOCUMENTS.
AN ADDITIONAL HANDLING FEE OF USD 75.00 WILL BE DEDUCTED FROM PROCEEI FOR DOCUMENTS PRESENTED WITH DISCREPANCIES.
SHOULD PAYMENT BE EFFECTED BY WIRE TRANSFER OR CHECK, A USD 35.00 HANDLING FEE WILL BE DEDUCTED FROM PROCEEDS.
SHOULD ANY OF THE TERMS OF THE CREDIT BE UNACCEPTABLE TO YOU, PLEASE CONTACT YOUR CUSTOMER SO THEY CAN INSTRUCT THE ISSUING BANK TO AMEND CREDIT.
BANK OF AMERICA NT & SA
""r I Dd __-------- -- ___-- -33- _________________
IGNATUR&ff~r~Cn, Cheryl AUTHO Z D SIGNATURE I.*i>'t ab SL ' "' ff /%%J Q
ORIGINAL
QF
Bank of America NT&SA Trade Operations Center 5655
333 South Beaudry Avenue, 19th Fir, Los Angeles, CA 90017 CABLE ADDRESS Telex MCI 67652 BANKAMER SF0 SWIFT ADDRESS BOFAUSGS CORR 1041A 10-95
k&!&&, SEIBELS, BARBARA & COL & w
5333 Westheimer, Suite 600 Houston, TX 77056 TEL - (713)877-8975 FAX - (713)877-8974
June 25, 1996
Ms. Ruth Fletcher
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Re: T. L. James & Company, Inc.
Certificate of Insurance
June 30, 1996/1997
Dear Ms. Fletcher:
Please find enclosed the certificate of insurance and appropriate endorsement:
evidencing our client's current insurance program.
The certificate for the North San Diego County Transit Board will be sent by federal
express to you tomorrow.
Please let us know if you have any questions regarding this.
Yours very truly,
McGriff, Seibels, Barbara & Colvin, Inc.
X&peL- . &&
Je nine Benis
Enclosure
I 9
25james4 jb
Coverages
Workers Compensation
Employers Liability-Coverage-B
All States Excluding Louisiana
Employers Liability-Maritime
Jones Act
U.S.L.& H.
Comprehensive General Liability
Blanket Contractual
Broad Form Property Damage
Completed Operations
Contractors Protective
Automobile Liability
Including Hired & Non-Owned
Automobiles
Excess Liability Insurance
Hull & Machinery
Protection & Indemnity
Company Policy Number Policy Period Limits of Liabil
6-30-96 Statutory
TO 1,000,000 Each Accident
A DWC 795012 6-30-97 1,000,000 Policy Limit
6-30-96 500,000 Each Occurrence
6-30-97 Statutory U.S.L. & H.
A WCL 795000 TO 500,000 Aggregate
2,000,000 Combined Sing
6-30-96 Per OccurrencelPer Projec
6-30-97 2,000,000 Aggregate Proc
B SC03650722 TO Aggregate
Completed Operations
6-30-96 1,000,ooO Combined Sing1
6-30-97
A JBB 200000 TO Limit Per Occurrence
B AU09114828 6-30-96 $10,000,000. Excess of UI
TO
6-30-97
A H-101092 6-30-96 Vessel Value
A H-101092 6-30-97 1,000,000. Per Vessel
To
. -. 0 II,
Policies: H-I 01 092
JBB200000
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, Nortt-
County Transit District and their boards, agents, employees and volunteers are additiona
insureds hereunder as respects liability arising out of activities performed by or on behali
of the Named Insured hereunder, including but not limited to activities of subcontractors
of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California. Coverage under this policy shall be
primary and non contributing with any other insurance as respects the additional
insureds.
It is the intent of this endorsement to provide coverage as described in Section 12(c) 1
of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
&Js-yc,
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
. ~ -. 0 0
Policies: DWC795012
WCL795000
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquito5
Lagoon Enhancement Project, the following provisions apply:
All rights of subrogation are waived as respects City of Carlsbad, California, State oi
California, City of Los Angeles, California, North County Transit District and their board,
officers, agents, employees and volunteers.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California.
AI1 other terms and conditions remain unchanged.
Highlands Insurance Company
& -d 5 -7 6
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
I c -, 0 m
Policies: SC03650722
AU09114828
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, agents, employees and volunteers are additional
insureds hereunder as respects liability arising out of activities performed by or on behall
of the Named Insured hereunder, including but not limited to activities of subcontractors
of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California. Coverage under this policy shall be
primary and non contributing with any other insurance as respects the additional
insureds.
It is the intent of this endorsement to provide coverage as described in Section 12(c) 1
of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Zurich Insurance Company
I& -2 s -7 Cs
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
-_I
DATE: June 26,1996 RTIFICATE OF INSURANCEo
T.L. JAMES & COMPANY, INC.
106 WEST MISSISSIPPI AVE. P.O. BOX 1260
RUSTON, LA 71273-1260
THIS IS TO CERTIFY THAT T.L. JAMES & COMPANY, Wc. HAS IN FORCE AT THIS TIME THE FOLLOWING PO
OF INSURANCE WITH THE COMPANIES INDICATED COVERING THEIR OPERATIONS IN ACCORDANCE WITH THE TERMS AN
CONDITIONS ANYWHERE IN THE UNITED STATES OF AMERICA.
A HIGHLANDS INSURANCE COMPANY
B ZURICH INSURANCE COMPANY
Coverages Company Policy Number Policy Period Limits of Liabil
Workers Compensation 6-30-96 Statutory
Employers Liability-Coverage-B TO 1,000,000 Each Accident
All States Excluding Louisiana A DWC 795012 6-30-97 1,000,000 Policy Limit
Employers Liability-Maritime 6-30-96 500,000 Each Occurrence
Jones Act A WCL 795000 TO 500,000 Aggregate
U.S.L.& H. 6-30-97 Statutory U.S.L. & H.
Comprehensive General Liability 2,000,000 Combined Sing
Blanket Contractual 6-30-96 Per Occurrence/Per Projec
Broad Form Property Damage B SC03650722 TO Aggregate
Completed Operations 6-30-97 2,000,000 Aggregate Prod
Contractors Protective Completed Operations
Automobile Liability 6-30-96 1,000,000 Combined Sing
Including Hired & Non-Owned A JBB 200000 TO Limit Per Occurrence
Automobiles 6-30-97
Excess Liability Insurance B AU09114828 6-30-96 $10,000,000. Excess of U
TO
6-30-97
Hull & Machinery A H- 101092 6-30-96 Vessel Value
Protection & Indemnity A H- 101092 6-30-97 1,000,000. Per Vessel
TO
WAIVER OF SUBROGATION AND/OR ADDITIONAL INSURED PROVISIONS PROVIDED AS REQUIRED BY WRITTEN CONTRA
ABSENCE OF ENTRY IN ANY SPACE MEANS THAT THE INSURANCE IS NOT AFFORDED TO THE COVERAGE OPPOSlTE THERETO.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY PO
SHOWN ABOVE.
IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE IN A POLICY AFFECTING THE CERTIFICATE HOLDER, 30 DAYS PRIOR WRITEN NOTICE
GIVEN THE CERTIFICATE HOLDER.
LOCATION AND DESCRIPTION OF OPERATIONS: All Operations
NAME AND ADDRESS OF CERTIFICATE HOLDER
North San Diego County
311 S. Tremont Street
Transit Development Board AUTHORIZED REPRESENTA
McGRIFF, SEIBELS, BARBARA & C(
5333 WESTHEIMER, SUITE 6 Oceanside, California 92054 HOUSTON, TEXAS 77056
(713) 877-8975 * FAX (713) 877-8
e 0
Policies: DWC795012
WCL795000
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
All rights of subrogation are waived as respects North San Diego County Transit
Development Board, its board, officers, agents, representatives and employees.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the North San Diego County Transit Development Board.
All other terms and conditions remain unchanged.
Highlands Insurance Company
6-26-96
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 e
Policies: SC03650722
AU09114828
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the North San Diego County Transit Development Board. Coverage under this policy
shall be primary and non contributing with any other insurance as respects the additional
i nsu reds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Zurich Insurance Company
6-26-96
Date Author
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 m
Policies: H-I 01 092
JBB200000
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the North San Diego County Transit Development Board. Coverage under this policy
shall be primary and non contributing with any other insurance as respects the additional
insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
6-26-96
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
Coverages
Workers Compensation
Employers Liability-Coverage-B
All States Excluding Louisiana
Employers Liability-Maritime
Jones Act
U.S.L.& H.
Comprehensive General Liability
Blanket Contractual
Broad Form Property Damage
Completed Operations
Contractors Protective
Automobile Liability
Including Hired & Non-Owned
Automobiles
Excess Marine
Hull & Machinery
Protection & Indemnity
Excess Automobile Liability
Company Policy Number Policy Period Limits of Liabili
6-30-95 Statutory
A TO 1,000,000 Each Accident
DWC 229831 6-30-96 1,000,000 Policy Limit
6-30-95 500,000 Each Occurrence
6-30-96 Statutory U.S.L. & H.
A WCL 229833 TO 500,000 Aggregate
5,000,000 Combined Sing
3-1-95 Per OccurrenceiPer Projec
ESLU000263 - Excess 6-30-96 5,000,000 Aggregate Prod
B SLMU027536 - Primary TO Aggregate
Completed Operations
A JBB 100019 6-30-95 1,000,000 Combined Sing
TO Limit Per Occurrence
6-30-96
D 342ZT5288 6-30-95 10,000,000. Combined Sir
6-30-96 10,000,000. Aggregate Cc
TO Per Occurrence
Operations
A H-100770 6-30-95 Vessel Value
A H-100770 6-30-96 1,000,000. Per Vessel
C CUA1017130 3-1-95 4,000,000. Excess 1,OC
TO Combined Single Limit
TO
6-30-96
.. %* 0 0
Policies DWC 229831
WCL 229833
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
All rights of subrogation are waived as respects City of Carlsbad, California, State of
California, City of Los Angeles, California, North County Transit District and their board,
officers, agents, employees and volunteers.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California.
All other terms and conditions remain unchanged.
Highlands Insurance Company
(7 - 33-7'5
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
I. ,' a 0
Policies SLMU027536
ESLU000263
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California , North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Zurich Insurance Company
Date 7 L !in 93 I Authorized epresentative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
.. a 0
JBB I00019 Policies
H- 1 00770
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, Nortt-
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activitieg
performed by or on behalf of the Named Insured hereunder, including but not limitec
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
rQ - -.by) -7 5
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
.. a 0
Policy 342ZT5288
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
St Paul Mercury Insurance Company
(0 .33 -7 2-
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
I
I. 0 0
Policy CUAIOI 71 30
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Westchester Fire Insurance Company
., - Tx-
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
e 0 Policy H-100770 ..
PROTECTION AND INDEMNITY INSURANCE
ENDORSEMENT
It is hereby understood and agreed that as respects vessels insured hereunder anc
used in connection with No. 3429 - Batiquitos Lagoon Enhancement Project, the
following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California , Nortt-
County Transit District and their boards, officers, agents, employees and volunteer5
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
G2 3e -9 5-
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
Coverages
Workers Compensation
Employers Liability-Coverage-B
All States Excluding Louisiana
Employers Liability-Maritime
Jones Act
U.S.L.& H.
Comprehensive General Liability
Blanket Contractual
Broad Form Property Damage
Completed Operations
Contractors Protective
Automobile Liability
Including Hired & Non-Owned
Automobiles
Excess Marine
Hull & Machinery
Protection & Indemnity
Excess Automobile Liability
Company Policy Number Policy Period Limits of Liabil
6-30-95 Statutory
A TO 1,000,000 Each Accident
DWC 229831 6-30-96 1,000,000 Policy Limit
6-30-95 500,000 Each Occurrence
6-30-96 Statutory U.S.L. & H.
A WCL 229833 TO 500,000 Aggregate
5,000,000 Combined Sing
3-1-95 Per OccurrenceiPer Projec
ESLU000263 - Excess 6-30-96 5,000,000 Aggregate Prod
B SLMU027536 - Primary TO Aggregate
Completed Operations
A JBB 100019 6-30-95 1,000,000 Combined Sing
TO Limit Per Occurrence
6-30-96
D 3422T5288 6-30-95 10,000,000. Combined Sit
6-30-96 10,000,000. Aggregate Cc
TO Per Occurrence
Operations
A H-100770 6-30-95 Vessel Value
A H-100770 6-30-96 1,000,000. Per Vessel
C CUA1017130 3-1 -95 4,000,000. Excess 1,OC
TO Combined Single Limit
TO
6-30-96
.I 0 0
Policies DWC 229831
WCL 229833
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
All rights of subrogation are waived as respects North San Diego County Transii
Development Board, its board, officers, agents, representatives and employees.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the North San Diego County Transit Development Board.
All other terms and conditions remain unchanged.
Highlands Insurance Company
,- co -i%D 93
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
.. 0 0
Policy SLMU027536
ESLU000263
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Zurich Insurance Company
- fr 23 -9 1
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
_. .* 0 0
Policies JBB I00019
H-I 00770
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
cn 2,D -9s
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
*. e 0
Policy 342ZT5288
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation 01
reduction in coverage by the North San Diego County Transit Development Board
Coverage under this policy shall be primary and non contributing with any othei
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
St Paul Mercury Insurance Company
C,-.>T)-gs
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
I. 9. e e
Policy CUAI 01 71 30
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Westchester Fire insurance Company
L -50 -3s
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
b --
'DATE: June 30.1995 CERTIFICATE OF msmc
T.L. JAMES & COMPANY, INC.
106 WEST MISSISSIPPI AVE. P 0. BOX 1260
RUSTON, LA 71273-1260
THIS IS TO CERTIFY THAT T.L. JAMES & co~~, INc. HAS IN FORCE AT THIS TIME THE FOLLOWING PC
OF INSURANCE WITH THE COMPANIES INDICATED COVERING THEIR OPERATIONS IN ACCORDANCE WITH THE TERMS AN
CONDITIONS ANYWHERE IN THE UNITED STATES OF AMERICA.
A HIGHLANDS INSURANCE COMPANY
B ZURICH INSURANCE COMPANY
C WESTCHESTER FIRE INSURANCE COMPANY
D ST PAUL MERCURY INSURANCE COMPANY
Coverages Company Policy Number Policy Period Limits of Liabil
Workers Compensation 6-30-95 Statutory
Employers Liability-Coverage-B A TO 1 ,000,000 Each Accident
All States Excluding Louisiana DWC 229831 6-30-96 1 ,000,000 Policy Limit
Employers Liability-Maritime 6-30-95 500.000 Each Occurrence
Jones Act A WCL 229833 TO 500,000 Aggregate
USL&H 6-30-96 Statutory U S.L & H
5,000.000 Combined Singl
Blanket Contractual 3-1-95 Per OccurrencdPer Projec
Broad Form Property Damage B SLMU027536 - Prunary TO Aggregate
Completed Operations ESLU000263 - Excess 6-30-96 5,000,000 Aggregate Prod
Contractors Protective
Comprehensive General Liability
Completed Operations
Automobile Liability A JBB 100019 6-30-95 1 ,000,000 Combined Singl
Including Hired & Non-Owned TO Lunit Per Occurrence
Automobiles 6-30-96
D 342ZT5288 6-30-95 10,000,000 Combined Sir
6-30-96 10,000,000 Aggregate Co
Excess Marine TO Per Occurrence
Operations
Hull & Machinery A H-100770 6-30-95 Vessel Value
Protection & Indemnity
Excess Automobile Liability C CUAlOl7 130 3-1-95 4,000,000. Excess 1.001
TO Combined Single Limit
TO
A H-100770 6-30-96 1 .OOO,OOO Per Vessel
6-30-96
WAIVER OF SUBROGATION AND/OR ADDITIONAL INSURED PROVISIONS PROVIDED AS REQUIRED BY WRITTEN CONTRA(
ABSENCE OF ENTRY IN ANY SPACE MEANS THAT THE INSURANCE IS NOT AFFORDED TO THE COVERAGE OPPOSITE THERETO
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY POL
SHOWN ABOVE
IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE IN A POLICY AFFECTING THE CERTIFICATE HOLDER, 30 DAYS PRIOR WRI?TEN NOTICE \
GIVEN THE CERTIFICATE HOLDER
&2/c!k.
LOCATION AND DESCRIPTION OF OPERATIONS: All Operations
NAME AND ADDRESS OF CERTIFICATE HOLDER City Clerk
1200 Carlsbad Village Drive City of Carlsbad AUT RlZED REPRESENTA'
McCRIFF, SEIBELS, BARBARA & CO
5333 WESTHEIMER, SUITE 6(
(713) 877-8975 * FAX (7l3) ST-%
Carlsbad, California 92008-1989 HOUSTON, TEXAS 770%
.. 0 0
Policies DWC 229831
WCL 229833
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
All rights of subrogation are waived as respects City of Carlsbad, California, State of
California, City of Los Angeles, California, North County Transit District and their board,
officers, agents, employees and volunteers.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California.
All other terms and conditions remain unchanged.
Highlands Insurance Company
(7 - 31 -7 f
Date Authbfked kepresentative'
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 0
Policies SLMU027536
ESLU000263
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California , North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Zurich Insurance Company
Date 7 - bk 9s .l~ Authorized epresentative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
.. 0 0
Policies JBB I00019
H-I 00770
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
AI1 other terms and conditions remain unchanged.
Highlands Insurance Company
& -.?It -7 5 $$$/p?bK.,
Date Au oriz d Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
,~ e 0
Policy 342ZT5288
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
St Paul Mercury Insurance Company
(E .3D-$ 2-
Date -\
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
<. e 0
Policy CUAl017130
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Westchester Fire Insurance Company
,. q)-p- kG7@k
Date Aut h o r i zed Re p r ese n t a t i-
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
<. * @ Policy H-I 00770
PROTECTION AND INDEMNITY INSURANCE
ENDORSEMENT
It is hereby understood and agreed that as respects vessels insured hereunder and
used in connection with No. 3429 - Batiquitos Lagoon Enhancement Project, the
following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California , North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
c!2 --Q -7 5- kL$$2k ~ Date Aut rize Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
' VIA
GATE: June 30,1995 &TInCATE OF msuRANc@
T.L. JAMES & COMPANY, INC.
106 WEST MISSISSIPPI AVE. P.O. BOX 1260
RUSTON, LA 71273-1260
THIS IS TO CERTIFY THAT T.L. JAMES & COMPANY, mc. HAS IN FORCE AT THIS TIME THE FOLLOWING POI
OF INSURANCE WITH THE COMPANIES INDICATED COVERING THEIR OPERATIONS IN ACCORDANCE WITH THE TERMS ANI
CONDITIONS ANYWHERE IN THE UNITED STATES OF AMERICA.
A HIGHLANDS INSURANCE COMPANY
B ZURICH INSURANCE COMPANY
C WESTCHESTER FIRE INSURANCE COMPANY
D ST PAUL MERCURY INSURANCE COMPANY
Coverages Company Policy Number Policy Period Limits of Liabilil
Workers Compensation 6-30-95 statutory
Employers Liability-Coverage-B A TO 1.000,000 Each Accident
All States Excluding Louisiana DWC 22983 1 6-30-96 1.000.000 Policy Limit
Employers Liability-Maritime 6-30-95 500,000 Each Occurrence
Jones Act A WCL 229833 TO 500,000 Aggregate
U.S.L.& H. 6-30-96 Statutory U.S.L. & H.
Comprehensive General Liability 5,000,000 Combined Singlc
Blanket Contrauual 3- 1-9s Per OccurrenceIPer Project
Broad Form Property Damage B SLMU027536 - Primary TO Aggregate
Completed Operations ESLU000263 - EX- 6-30-96 5,000,000 Aggregate Prodt
Contractors Protective Completed Operations
Automobile Liability A JBB 100019 6-30-95 l.OOO,OOO Combined Singlc
Including Hired & Non-Owned TO Limit Per Occurrence
Automobiles 6-30-96
Excess Marine D 3422T5288 6-30-95 1O,OOO,OOO. Combined Sin:
6-30-96 10,000,000. Aggregate Cor
TO Per Occurrence
Operations
Hull & Machinery A H- 1 00770 6-30-95 Vessel Value
Protection & Indemnity A H-100770 6-30-96 1 .OOO,O00. Per Vessel
Excess Automobile Liability C CUA 1017 130 3-1-95 4,000,000. Excess 1 ,Oo(
TO Combined Single Limit
TO
6-30-96
WAIVER OF SUBROGATION AND/OR ADDITIONAL INSURED PROVISIONS PROVIDED AS REQUIRED BY WRITTEN CONTRA(
ABSENCE OF ENTRY IN ANY SPACE MEANS THAT THE INSURANCE IS NOT AFFORDED TO THE COVERAGE OPPOSITE THERETO.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATlVELY NOR NEGATIVELY AMENDS, =TENDS OR ALTERS THE COVERAGE AFFORDED BY POI
SHOWN ABOVE.
IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE IN A POLICY AFFECTING THE CERTIFICATE HOLDER, 30 DAYS PRIOR WRITTEN NOTICE V
GIVEN THE CERTIFICATE HOLDER. LOCATION AND DESCRIPTION OF OPERATIONS: All Operations
NAME AND ADDRESS OF CERTIFICATE HOLDER North San Diego County
Transit Development Board
ALEk I
311 S. Tremont Street
Oceanside, California 92054
McCRIFF, SEIBELS, BARBARA & CO
5333 WESTHEIMER, SUITE 6C
(n3) 877-8975 * FAX (713) 17-89
HOUSTON, TEXAS 77056
d4 0 0
Policies DWC 229831
WCL 229833
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
All rights of subrogation are waived as respects North San Diego County Transit
Development Board, its board, officers, agents, representatives and employees.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the North San Diego County Transit Development Board.
apply:
All other terms and conditions remain unchanged.
Highlands Insurance Company
- r, .3D A53
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 0
Policy SLMU027536
ESLU000263
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Zurich Insurance Company
- 15-S -9 3
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 0
Policies JBB I00019
H- 1 00770
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
Cn -2,n -9s , ,ek ,f -
Date Mhorized Representatid
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
..- .- e 0
Policy 342ZT5288
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice ofacancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
St Paul Mercury Insurance Company
- ’- L-3D -7 b f
Date A wo r i zgd Represent at iv-
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
I ’* * I)
Policy CUAIOI 71 30
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materim changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Westchester Fire Insurance Company
L-50 9s- v ..
Date A uyh o r i ze d Represent at ive\
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
Coverages
Workers Compensation
Employers Liability-Coverage-B
All States Excluding Louisiana
Employers Liability-Maritime
Jones Act
U.S.L.& H.
Comprehensive General Liability
Blanket Contractual
Broad Form Property Damage
Completed Operations
Contractors Protective
Automobile Liability
Including Hired & Non-Owned
Automobiles
Excess Marine Liability
Protection & Indemnity
Hull & Machinery
Company Policy Number Policy Period Limits of Liabilil
6-30-94 statutory
TO 1,000,000 Each Accident
A DWC 229802 6-30-95 1,000,000 Policy Limit
6-30-94 500,000 Each Occurrence
6-30-95 Statutory U.S.L. & H.
A WCL 229803 TO 500,000 Aggregate
5,000,000 Combined Singlf
Per Occurrence
TO 5,000,000 Aggregate Projec
B SLMC200755 - Primary 6-30-94
B ESL-C160262 - Excess 6-30-95 Completed Operations
6-30-94 5,000,000 Combined Single
6-30-95
A JBB 100012 TO Limit Per Occurrence
C CUA1004450
D 342ZT5 19 1 6-30-94 10,000,000 Combined S
TO Limit Per Occurrence
6-30-95 $1 0,000,000 Aggregate
Completed Operations
A H- 100430 6-30-94 1,000,000 Per Vessel
TO
6-30-95 Vessel Value
0
+.
Policies SLMC200755
ESLC160262
EN DO RS EM ENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California , North
County Transit District and their boards, officers, agents, employees and volunteers are
additional insureds hereunder as respects liability arising out of activities performed by
or on behalf of the Named Insured hereunder, including but not limited to activities of
subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California. Coverage under this policy shall be
primary and non contributing with any other insurance as respects the additional
insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
The Home Insurance Company
lp /M/W
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 e
Policy 342ZT5 1 91
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
I of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
St Paul Mercury Insurance Company
c Iz-g /w
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
e 0
e.
Policies DWC 229802
WCL 229803
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
All rights of subrogation are waived as respects City of Carlsbad, California, State of
California, City of Los Angeles, California, North County Transit District and their board,
officers, agents, employees and volunteers.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the City Clerk of the City of Carlsbad, California.
All other terms and conditions remain unchanged.
Highlands Insurance Company
Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
G/w / w
Date
* 0
-* . Policies JBB 100012
H- 100430
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
LfW /%
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 0
Policy CUAI 004450
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, the following provisions apply:
City of Carlsbad, California, State of California, City of Los Angeles, California, North
County Transit District and their boards, officers, agents, employees and volunteers
are additional insureds hereunder as respects liability arising out of activities
performed by or on behalf of the Named Insured hereunder, including but not limited
to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the City Clerk of the City of Carlsbad, California. Coverage
under this policy shall be primary and non contributing with any other insurance as
respects the additional insureds.
It is the intent of this endorsement to provide coverage as described in Section 12 (c)
1 of the Contract.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Westchester Fire Insurance Company
G/w+/fY
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
Coverages Company Policy Number
Workers Compensation
Employers Liability-Coverage-B
All States Excluding Louisiana A DWC 229802
Employers Liability-Maritime
Jones Act A WCL 229803
U.S.L.& H.
Comprehensive General Liability
Blanket Contractual B SLMC200755 - Primary
Broad Form Property Damage
Completed Operations B ESL-C160262 - Excess
Contractors Protective
Automobile Liability
Including Hired & Non-Owned A JBB 100012
Automobiles C CUAlOO4450
Excess Marine Liability D 342ZT5 191
Protection & Indemnity A H-100430
Hull & Machinery
Policy Period Limits of Liabili
6-30-94 Statutory
TO 1,000,000 Each Accident
6-30-95 1,000,OOO Policy Limit
6-30-94 500,000 Each Occurrence
TO 500,000 Aggregate
6-30-95 Statutory U.S.L. & H.
5,000,000 Combined Single
Per Occurrence
TO 5,000,000 Aggregate Projec
6-30-94
6-30-95 Completed Operations
6-30-94 5,000,000 Combined Single
TO Limit Per Occurrence
6-30-95
6-30-94 10,000,000 Combined S
TO Limit Per Occurrence
6 - 3 0 - 9 5 $10,000,000 Aggregate
Completed Operations
6-30-94 1,000,000 Per Vessel
TO
6 - 3 0 - 9 5 Vessel Value
0 e
Policies JBB 100012
H- 1 00430
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Highlands Insurance Company
1 ..ij4
k, A&L;,...#.4. ,r ?,L4p 9 fp+y -
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 0
Policy 342ZT5 1 9 1
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
St Paul Mercury Insurance Company
7-L5 -9 y
Date
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
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Policy CUAI 004450
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board, and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named Insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
Westchester Fire Insurance Company
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E r __I 3-.s-py ,* J
Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 0
Policies DWC 229802
WCL 229803
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
All rights of subrogation are waived as respects North San Diego County Transit
Development Board, its board, officers, agents, representatives and employees.
This policy will not be cancelled, materially changed nor the amount of coverage reduced
until thirty (30) days after receipt of written notice of cancellation or reduction in coverage
by the North San Diego County Transit Development Board.
All other terms and conditions remain unchanged.
Highlands Insurance Company
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Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056
0 @
Policy SLMC200755
ESLCI 60262
ENDORSEMENT
It is hereby understood and agreed that as respects Contract No. 3429 - Batiquitos
Lagoon Enhancement Project, Railroad Bridge Modification, the following provisions
apply:
North San Diego County Transit Development Board and its board, officers, agents,
representatives and employees are additional insureds hereunder as respects liability
arising out of activities performed by or on behalf of the Named insured hereunder,
including but not limited to activities of subcontractors of the Named Insured.
This policy will not be cancelled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation or
reduction in coverage by the North San Diego County Transit Development Board.
Coverage under this policy shall be primary and non contributing with any other
insurance as respects the additional insureds.
All rights of subrogation are waived as respects all additional insureds hereunder.
All other terms and conditions remain unchanged.
The Home Insurance Company
4 ,, ‘t ,4 ii k t. 5‘
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Date Authorized Representative
McGriff, Seibels, Barbara & Colvin
5333 Westheimer, Suite 600
Houston, Texas 77056